HLAW0119 Converted WP Minutes

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MINUTES OF THE HOUSE
LAW ENFORCEMENT AND CRIMINAL JUSTICE STANDING COMMITTEE
Room WO25, West Office Building, State Capitol Complex
January 19, 2007

Members Present:    Rep. DeMar "Bud" Bowman, Chair
            Rep. Curt Oda, Vice Chair
            Rep. Brad Dee
            Rep. David Litvack
            Rep. Michael Morley
            Rep. Paul Ray
            Rep. Jennifer Seelig
            Rep. Ken Sumsion
            Rep. Larry Wiley
            Rep. Carl Wimmer
Members Absent:    Rep. Becky Lockhart

Staff Present:    Mr. Stewart Smith, Policy Analyst
            Ms. Linda Black, Committee Secretary

note: A list of visitors and a copy of handouts are filed with the committee minutes.

Rep. Bowman called the meeting to order at 2:00 p.m

MOTION:    Rep. Ray moved to approve the minutes of January 17, 2007. The motion passed         unanimously with Rep. Morley, Rep. Oda and Rep. Wimmer absent for the vote.

Rep. Bowman relinquished the chair to Rep. Oda.

H.B. 76    Public Safety Dispatcher Compensation (Rep. D. Bowman)

Rep. Bowman introduced the bill with the assistance of Carol Groustra, Department of Public Safety.

Spoke to the bill:    Mr. Todd Losser, Utah Public Employee Association
            Ms. Debbie Price, Department of Human Resource Management

MOTION:    Rep. Ray moved to pass the bill out favorably. The motion passed unanimously         with Rep. Morley and Rep. Wiley absent for the vote.

Rep. Bowman resumed the chair.

H.B. 70    Assault on a Peace Officer - Penalty Amendment (Rep. P. Ray)
Rep. Ray introduced the bill.
MOTION:    Rep. Ray moved to amend the bill as follows:

1. Page 1, Line 10 :

10 This bill modifies the Criminal Code by increasing the penalty for

a second offense of assault on a peace

2. Page 1, Line 14 :

14 . increases the penalty for committing

{ an } a second or subsequent assault against a peace officer from a class

3. Page 2, Line 30 :

30 [~~(1)~~] (2)

(a) Any person who assaults a peace officer, with knowledge that he is a peace

4. Page 2, Line 32 :

32 is guilty of a

{ [ } class A misdemeanor { ] } { ~~third degree felony~~ } except as provided in Subsection (2)(b) .

(b) a second or subsequent violation of Subsection (2)(a) is a third degree felony.

The motion passed unanimously with Rep. Wiley absent for the vote.

Spoke in opposition to the bill:    Mr. N.W. Clayton, Gun Owners of Utah
                    Ms. Isabel Quilantan, Citizen

Spoke in favor of the bill:        Mr. Kelly Atkinson, Fraternal Order of Police

MOTION:    Rep. Litvack moved to proceed to the next item on the agenda. The motion         passed unanimously.

H.B. 210    County Sheriff Qualification Amendments (Rep. B. Dee)

Rep. Dee introduced the bill with the assistance of Sheriff James Tracy, Utah County.

MOTION:    Rep. Ray moved to pass the bill out favorably. The motion passed unanimously         with Rep. Morley and Rep. Oda absent for the vote.

H.B. 70    Assault on a Peace Officer - Penalty Amendment (Rep. P. Ray)

Rep. Ray further explained the bill with the assistance of Paul Boyden, Statewide Association of Prosecutors.

MOTION:    Rep. Ray moved to further amend the bill as follows:

1.    Page 1, Line 10 :

             10          This bill modifies the Criminal Code by increasing the penalty for

a second offense of assault on a peace

2. Page 1, Line 14 :

14 . increases the penalty for committing

{ an } a second or subsequent assault against a peace officer from a class

3. Page 2, Line 30 :

30 [~~(1)~~] (2)

(a) Any person who assaults a peace officer, with knowledge that he is a peace

4. Page 2, Line 32 :

32 is guilty of a

{ [ } class A misdemeanor { ] } { ~~third degree felony~~ } except as provided in Subsection (2)(b) .

(b) A person who violates this section after having been previously convicted of a violation of this section is guilty of a third degree felony.

The motion passed unanimously with Rep. Morley and Rep. Oda absent for the vote.

MOTION: Rep. Dee moved to pass the bill out favorably as amended. The motion passed unanimously with Rep. Morley, Rep. Oda and Rep. Wimmer absent for the vote..

H.B. 232 Sheriff Qualifications (Rep. K. Gibson)

Rep. Gibson introduced the bill with the assistance of Reed Richards, Utah Sheriffs' Association

MOTION:    Rep. Ray moved to amend the bill as follows:

1.    Page 2, Line 40 :

             40          (ii) a correctional officer, as defined in Section 53-13-104

, or as a correctional manager as established by the Peace Officer Standards and Training Division created under Section 53-6-103 .

2. Page 2, Line 50 :

50 (B) a correctional officer, as defined in Section 53-13-104

, or as a correctional manager as established by the Peace Officer Standards and Training Division created under Section 53-6-103 ; and

3. Page 2, Line 54 :

54 enforcement officer and correctional officer

or manager during the sheriff's term of office.

The motion passed unanimously with Rep. Morley, Rep. Oda and Rep Wimmer absent for the vote.

Spoke in favor of the bill:    Mr. Rich Townsend, Utah Peace Officers' Association
                Mr. Val Shupe, Utah Chiefs of Police Association
                Mr. James Tracy, Utah County Sheriff

MOTION:    Rep. Ray moved to pass the bill out favorably as amended. The motion passed         unanimously with Rep. Morley, Rep. Oda and Rep. Wimmer absent for the vote.

MOTION:    Rep. Ray moved to adjourn. The motion passed unanimously with Rep. Morley,         Rep. Oda and Rep. Wimmer absent for the vote. Rep. Bowman adjourned the         meeting at 3:20 p.m.

                        ___________________
                        Rep. DeMar "Bud" Bowman, Chair