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• 2019 General Session
• H.B. 440

H.B. 440 Commission on Criminal and Juvenile Justice Amendments

• Bill Text
• Status
• Hearings/Debate

Bill Sponsor: Rep. Hutchings, Eric K.

Floor Sponsor: Sen. Escamilla, Luz

• Drafting Attorney: Chelsea Grant
• Fiscal Analyst: Clare Tobin Lence

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• Bill Text
  • Introduced
  • Amended
    • Amended Pages Only
  • Enrolled (Currently Displayed)

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• Other Versions
  • H.B. 440
    Substitute Sponsor:
    

    • Introduced
    • Fiscal Note
    • House Transmittal Letter 1
    • Senate Transmittal Letter 1
    • Agency Perf Note

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• Related Documents
  • Fiscal Note
  • House Committee Amendment 1(passed)
  • House Committee Amendment 2(passed)
  • HB0440 comparison
  • Agency Perf Note

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• Information
  • Last Action: 27 Mar 2019, Governor Signed
  • Last Location: Lieutenant Governor's office for filing
  • Effective Date: 14 May 2019
  • Session Law Chapter: 401

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• Similar Bills
  • Department of Corrections
  • Criminal Procedure
  • Judicial Operations
  • Law Enforcement and Criminal Justice
  • Department of Public Safety
  • Victims

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• Sections Affected
  • 63M-7-202

Enrolled

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H.B. 440

1     COMMISSION ON CRIMINAL AND JUVENILE JUSTICE
2     AMENDMENTS
3     2019 GENERAL SESSION
4     STATE OF UTAH
5     Chief Sponsor: Eric K. Hutchings
6     Senate Sponsor: Luz Escamilla
7     

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8     LONG TITLE
9     General Description:
10          This bill makes changes to the membership and duties of certain committees and
11     councils.
12     Highlighted Provisions:
13          This bill:
14          ▸     changes the membership of the Commission on Criminal and Juvenile Justice; and
15          ▸     makes technical changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          63M-7-202, as last amended by Laws of Utah 2017, Chapter 163
23     

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24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 63M-7-202 is amended to read:
26          63M-7-202. Composition -- Appointments -- Ex officio members -- Terms --
27     United States Attorney as nonvoting member.
28          (1) The commission on criminal and juvenile justice shall be composed of [21] 25
29     voting members as follows:

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30          (a) the chief justice of the supreme court, as the presiding officer of the judicial
31     council, or a judge designated by the chief justice;
32          (b) the state court administrator or the state court administrator's designee;
33          (c) the executive director of the Department of Corrections or the executive director's
34     designee;
35          [(d) the director of the Division of Juvenile Justice Services;]
36          (d) the executive director of the Department of Human Services or the executive
37     director's designee;
38          (e) the commissioner of the Department of Public Safety or the commissioner's
39     designee;
40          (f) the attorney general or an attorney designated by the attorney general;
41          (g) the president of the chiefs of police association or a chief of police designated by
42     the association's president;
43          (h) the president of the sheriffs' association or a sheriff designated by the association's
44     president;
45          (i) the chair of the Board of Pardons and Parole or a member of the Board of Pardons
46     and Parole designated by the chair;
47          (j) the chair of the Utah Sentencing Commission or a member of the Utah Sentencing
48     Commission designated by the chair;
49          (k) the chair of the Utah Substance Use and Mental Health Advisory Council or a
50     member of the Utah Substance Use and Mental Health Advisory Council designated by the
51     chair;
52          (l) the chair of the Utah Board of Juvenile Justice or a member of the Utah Board of
53     Juvenile Justice designated by the chair;
54          (m) the chair of the Utah Council on Victims of Crime or the chair's designee or a
55     member of the Utah Council on Victims of Crime designated by the chair;
56          [(n) the director of the Division of Substance Abuse and Mental Health; and]
57          (n) the executive director of the Salt Lake Legal Defender Association or an attorney

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58     designated by the executive director;
59          (o) the chair of the Utah Indigent Defense Commission or a member of the Indigent
60     Defense Commission designated by the chair;
61          (p) the Salt Lake County District Attorney or an attorney designated by the district
62     attorney; and
63          [(o)] (q) the following members designated to serve four-year terms:
64          (i) a juvenile court judge, appointed by the chief justice, as presiding officer of the
65     Judicial Council;
66          (ii) a representative of the statewide association of public attorneys designated by the
67     association's officers;
68          (iii) one member of the House of Representatives who is appointed by the speaker of
69     the House of Representatives; and
70          (iv) one member of the Senate who is appointed by the president of the Senate.
71          (2) The governor shall appoint the remaining [three] five members to four-year
72     staggered terms as follows:
73          (a) one criminal defense attorney appointed from a list of three nominees submitted by
74     the Utah State Bar Association;
75          (b) one attorney who primarily represents juveniles in delinquency matters appointed
76     from a list of three nominees submitted by the Utah Bar Association;
77          [(b)] (c) one representative of public education; [and]
78          [(c)] (d) one citizen representative[.]; and
79          (e) a representative from a local faith who has experience with the criminal justice
80     system.
81          (3) In addition to the members designated under Subsections (1) and (2), the United
82     States Attorney for the district of Utah or an attorney designated by the United States Attorney
83     may serve as a nonvoting member.
84          (4) In appointing the members under Subsection (2), the governor shall take into
85     account the geographical makeup of the commission.

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