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JOINT RESOLUTION ON FEDERAL AND STATE ROLES

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IN CRIMINAL JUSTICE

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2021 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Curtis S. Bramble

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House Sponsor: Ryan D. Wilcox

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8     LONG TITLE
9     General Description:
10          This joint resolution affirms the principle of federalism in the area of criminal justice.
11     Highlighted Provisions:
12          This resolution:
13          ▸     affirms the state's commitment to the Tenth Amendment and the reservation of
14     broad powers to the states to shape their criminal justice policy; and
15          ▸     urges the federal government to respect states' authority to shape criminal justice
16     policy.
17     Special Clauses:
18          None
19     

20     Be it resolved by the Legislature of the state of Utah:
21          WHEREAS, it is the policy of the state of Utah and its local governments to advance
22     and defend a balanced, dynamic criminal justice partnership with the federal government
23     criminal justice system;
24          WHEREAS, Congress and the Administration should avoid federalizing crime policy
25     and substituting national laws for state and local policy decisions affecting criminal and
26     juvenile justice, and federal jurisdiction should be reserved for areas where a national problem
27     has been identified and states are unable to adequately provide solutions due to scope, or where
28     federal jurisdiction is required to protect federal constitutional rights;
29          WHEREAS, Congress and the Administration must recognize that states and local

30     governments have the predominant responsibility to ensure public safety and the administration
31     of justice, and must adhere to fundamental principles of federalism in all areas of criminal
32     justice;
33          WHEREAS, states diligently strive to improve criminal justice systems and policies
34     and recognize that federal funding is sometimes necessary to implement state reforms in this
35     area, and assert that funding levels for Department of Justice grants and reimbursements to
36     states should be maintained or increased;
37          WHEREAS, the state of Utah joins the National Conference of State Legislatures in
38     opposing Congressional proposals or federal regulations that would withhold a portion of state
39     criminal justice grants or other funding as a penalty for noncompliance with federal criminal
40     justice policies and opposes the withholding of any federal criminal justice funding as a penalty
41     for state policy choices; and
42          WHEREAS, the state of Utah urges the federal government to respect state criminal
43     justice priorities and advance change through partnerships rather than mandates:
44          NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah
45     affirms its commitment to the Tenth Amendment of the United States Constitution that is the
46     cornerstone of constitutional federalism and reserves broad powers to the states and to the
47     people and declares that Congress and the Administration must respect states' authority to
48     shape public policy.
49          BE IT FURTHER RESOLVED that a copy of this resolution be sent to Governor
50     Spencer J. Cox, the members of Utah's Congressional Delegation, and to the President of the
51     United States.