|
Number |
Title |
Sponsor |
Status |
Position |
Comments |
|
H.B. 307 |
Factual Innocence Amendments |
Dee |
|
PRIORITY SUPPORT
|
This bill clarifies the requirement of a hearing if the state does not stipulate to factual innocence; clarifies that all proceedings are governed by Utah Rules of Civil Procedure, Rule 65C; sets a standard for the court's determination of factual innocence. |
|
H.B. 10 |
Department of Corrections Amendments |
Hutchings |
Senate/passed 2nd reading 2/1/2012 |
Support |
Defines levels of capacity regarding inmates in correctional institutions. Requires notice to the legislative leadership and the Board of Pardons, in addition to the governor, when an overcrowding emergency is approaching. Provides process for an emergency inmate release, including requiring that inmate information be provided to the Board of Pardons and Parole for use in carrying out an emergency release. Removes notification to CCJJ. |
|
H.B. 11 |
Grand Jury Amendments |
McIff |
House/ circled 1/24/2012 |
Support |
Allows a subpoena to be served on a minor to testify before a grand jury less than 72 hours before testifying if there is a threat to the minor's safety or a risk of: concealment or removal of the minor from the jurisdiction; intimidation, either to the minor or a member of the minor's family; and undue influence on the minor regarding the minor's testimony. |
|
H.B. 14 |
Civil Commitment Amendments |
Daw |
Senate/ 1st reading (Introduced) 2/1/2012 |
Support |
Defines the term "harmful sexual conduct" as "any of the following conduct upon an individual without the individual's consent, or upon an individual who cannot legally consent to the conduct including under the circumstances described in Subsections 76-5-406(1) through (12): (a) sexual intercourse; (b) penetration, however slight, of the genital or anal opening of the individual; (c) any sexual act involving the genitals or anus of the actor or the individual and the mouth of anus of either individual, regardless of the gender of either participant; or (d) any sexual act causing substantial emotional injury or bodily pain." Amends the definition of "substantial danger" by including harmful sexual conduct; removes "has inflicted or attempted to inflict serious bodily injury on another." Amends the process for civil commitment. |
|
H.B. 16 |
Driver License Revisions |
Barlow |
House/ 2nd reading 1/26/2012 |
Support |
This bill modifies the Uniform Driver License Act by amending provisions relating to temporary license certificates. |
|
H.B. 18 |
Kidnapping Offender Amendments |
Cox |
Senate/ 1st reading (Introduced) 2/1/2012 |
Neutral |
This bill modifies the Code of Criminal Procedure regarding offenses on the Sex Offender and Kidnap Offender registry and a process for kidnapping and unlawful detention offenders to be removed from the registry. |
|
H.B. 19 |
State Issued Identification Numbers |
Harper |
|
Oppose |
"State Issued Identification Number Act" creating and assigning to an individual a nine digit identification number except when required to use a Social Security number. |
|
H.B. 21 |
Driver License Emergency Contact |
Poulson |
Senate/passed 2nd reading 2/1/2012 |
Support |
This bill modifies the Uniform Driver License Act by creating an emergency contact database for driver license and identification card holders. |
|
H.B. 32 |
POST Council Amendments |
Greenwood |
|
Support |
This bill authorizes the superintendent of the highway patrol to designate a representative to serve on the Peace Officer Standards and Training Council. |
|
H.B. 33 |
Fireworks Amendments |
Dunnigan |
Senate/ placed on 2nd reading calendar 2/2/2012 |
Support |
This bill modifies the times during which fireworks may be sold and discharged. |
|
H.B. 38 |
Competency to Stand Trial Amendments |
McIff |
Senate/ 1st reading (Introduced) 2/1/2012 |
Support |
Amends the process for determining a defendant's competency to stand trial to clarify that the court may not order an examination of the defendant or order a hearing on the mental condition of the defendant unless the court finds that the allegations in the petition raise a bona fide doubt as to the defendant's competency to stand trial. Requires the experts conducting the competency exam to consider any exhibition of false or exaggerated symptoms related to capacity to stand trial. Requires that experts who determine the defendant is incompetent to stand trial shall provide in their report information regarding any instruments, methods, and observations used to determine if the defendant exhibits false or exaggerated symptoms. Provides that if there is a conflict between the opinions of the examining experts, the court is not required to appoint an additional expert unless the court finds the appointment necessary. |
|
H.B. 40 |
Gambling Amendments |
Ipson |
Senate/ 1st reading (Introduced) 2/1/2012 |
Support |
Amends the definition of certain promotional activities that are exempted from "fringe gambling." |
|
H.B. 44 |
Theft Amendments |
Ray |
|
Oppose |
This bill modifies the Criminal Code by enhancing the penalty for multiple theft offenses. |
|
H.B. 47 |
Reporting Abuse of a Vulnerable Adult |
Moss |
Senate/ 2nd reading 1/30/2012 |
Support |
This bill amends the definition of "emotional or psychological abuse;" and makes technical changes. |
|
H.B. 49 |
Firearms Revisions |
Ray |
|
Oppose |
This bill provides that in the absence of additional threatening behavior, the otherwise lawful possession of a firearm or dangerous weapon, whether visible or concealed, is not a violation of certain statutory provisions. |
|
H.B. 52 |
Victims’ Rights |
Webb |
|
Support in concept |
Changes the Profits From Crime Memorabilia Act to allow for the forfeiture to the state of any profit derived from criminal activity. Requires the prosecutor who obtained the conviction or the attorney general to bring a motion in the district court to request that any funds gained from criminal activity be paid to the Department of Corrections. Provides that the Department of Corrections shall pay: any victim restitution still owed out of the profit; and if no restitution is still owed, or after all restitution is paid, the remainder into the Crime Victim Reparations Fund. |
|
H.B. 57 |
Age Difference in Sexual Offenses |
Greenwood |
House/ 2nd reading 2/2/2012 |
Support |
Changes the offense of unlawful sexual conduct with a minor who is 16 or 17 years of age to provide that the offense applies to a defendant who is seven or more years older than the victim, rather than the current provision of 10 or more years older than the victim. |
|
H.B. 66 |
Deferred Deposit Lending Amendments |
Daw |
|
|
This bill modifies the Check Cashing and Deferred Deposit Lending Registration Act to address the establishment of a database to determine eligibility for deferred deposit loans and to address reporting and registration related to deferred deposit loans. |
|
H.B. 71 |
Vehicle Window Tint Amendments |
Butterfield |
|
Oppose |
This bill modifies the Traffic Code by amending provisions relating to vehicle window tint. |
|
H.B. 79 |
Enticing a Minor Amendments |
Webb |
|
Hold |
This bill modifies the offense of enticing a minor to engage in sexual activity to include acts of soliciting, seducing, luring, or enticing the minor when the offender does not then engage in sexual activity with the minor. |
|
H.B. 85 |
Forensic Phlebotomy |
Peterson |
House/ 2nd reading 2/1/2012 |
Support |
This bill amends the duties of the Department of Health; amends who is authorized to draw blood to determine its alcohol or drug content; amends related immunity from liability provisions; amends who is authorized to draw a blood DNA specimen; amends related exemption from licensure provisions |
|
H.B. 86 |
Posting of Trespass |
Mathis |
House/ 2nd reading 1/31/2012 |
Support |
This bill makes it a class B misdemeanor for a person to take wildlife or engage in wildlife activities on private land if the person has notice to not enter or remain on the land. |
|
H.B. 92 |
Boating Revisions |
Greenwood |
|
Support |
Provides that the operator of a vessel who has reason to believe that the operator may have been involved in an accident resulting in property damage or injury to or the death of a person shall: immediately stop the vessel at the scene of the accident or as close to it as safely possible; and remain at the scene of the accident until the operator has fulfilled certain requirements. |
|
H.B. 95 |
Retail Sale of Tobacco Products |
Ray |
|
Support |
Amends the definition of tobacco paraphernalia. Clarifies the prohibition against the sale of tobacco paraphernalia to minors. Defines a retail tobacco specialty business. |
|
H.B. 96 |
Prohibition or Sale of Certain Software Programs |
Arent |
|
Support |
Provides definitions, including defining automated sales suppression device and phantomware. Prohibits a person from knowingly selling, purchasing, installing, transferring, using, or possessing any automated sales suppression device or phantomware. Provides that the penalty for a first offense is a third degree felony and any subsequent offense is a second degree felony. Provides an additional penalty of a fine between $10,000 and $100,000 for any person convicted of violating these provisions. |
|
H.B. 97 |
Racketeering Amendment |
Seelig |
|
Support |
Adds the offenses of human trafficking, human smuggling, and aggravated human trafficking to the list of offenses that, when conducted as a pattern of unlawful activity, would constitute the offense of racketeering. |
|
H.B. 98 |
Continuous Eligibility for Medicaid |
Sanpei |
|
|
Authorizes the state Medicaid program to amend the state plan to: permit 12 month continuous eligibility for an individual if it would increase quality of care and if it is cost effective; and include in Medicaid managed care contracts incentives for seeking appropriate care in appropriate settings. |
|
H.B. 99 |
Background Check Fee Exemption for Firearm Purchase |
Galvez |
|
Support |
This bill provides an exemption to the background check fee requirement for law enforcement officers. |
|
H.B. 100 |
Social Worker Examination Amendments |
Litvack |
House/ 2nd reading 2/2/2012 |
|
Requires the Division of Occupational and Professional Licensing to provide by rule, additional time to complete a social worker licensing exam for an applicant who is a foreign born legal resident of the United States for whom English is a second language or a member of a federally recognized Native American tribe. [FN: will not materially impact the state budget.] |
|
H.B. 103 |
Theft by Deception Amendments |
Oda |
House/ 1st reading (Introduced) 1/30/2012 |
|
Defines the term "puffing." States that theft by deception requires that an actor deceive a person with the intent to deprive the person of property. States that the deception and deprivation described above do not need to occur at the same time. |
|
HB 106 |
Limitations on Collective Bargaining |
Grover |
|
|
Prohibits state and local government entities from engaging in collective bargaining on subjects other than wages and health benefits. |
|
H.B. 108 |
Internet Gambling |
Sandstrom |
|
|
Defines 'Internet gambling' or 'online gambling' or 'gaming' by use of: the Internet; or any mobile electronic device that allows access to data and information. Clarifies that gambling, which is prohibited in Utah, includes any form of Internet gambling. |
|
H.B. 109 |
Use of Controlled Substances in Research |
Sanpei |
|
|
Specifies that the Div of Occupational and Professional Licensing may grant licenses, under specified terms, to conduct research concerning Schedule 1 controlled substances. [FN: will not materially impact the state budget.] |
|
H.B. 117 |
Firearm Modification |
Ivory |
|
|
Changes the term "sawed-off" to "short barrel" when the term is applied to shotguns and rifles. [FN: will not materially impact the state budget.] |
|
H.B. 118 |
Storage of Electronic Records |
Daw |
House/ 1st reading (Introduced) 2/1/2012 |
|
Eliminates the provision that allows access to electronic records on a server longer than 180 days. Requires a search warrant in all cases for the contents of electronic records. |
|
H.B. 121 |
Disabled Law Enforcement Officer Amendments |
Perry |
House/ 1st reading (Introduced) 2/1/2012 |
|
Provides that a law enforcement officer or state correctional officer shall be given a leave of absence with 100% of the officer's salary and benefits until the officer retires or reaches the retirement age of 62 years if the officer sustains an injury: that results in 100% disability; while in the lawful discharge of the officer's duty; and that is the result of a motor vehicle accident and the officer was not negligent in causing the accident. Clarifies that an eligible officer's 100% salary benefit for a line-of-duty disability is offset by any benefit received under workers' compensation, long-term disability, and certain other payments. |
|
H.B. 129 |
Defense of Property and Person |
Painter |
|
|
Clarifies that a person is justified in defending their home and family against criminal activity and may not be liable for civil damages for injury or damage occurring while doing so. |
|
H.B. 130 |
Custodial Interference Amendments |
Froerer |
House/ 1st reading (Introduced) 2/2/2012 |
|
Allows a person to be charged with a third degree felony after two instances of being held in contempt for custodial interference. Redefines custodial interference to require that 24 hours have to have passed before it can be charged. Deletes the provision for a class B misdemeanor. |
|
H.B. 131 |
Liens For Preconstruction Service and Construction Work |
Morley |
House/ 1st reading (Introduced) 2/2/2012 |
|
Reduces the marriage license fee for a couple who undergo premarital education or counseling. Increases the license fee for a couple who do not undergo premarital education or counseling. Creates a three day waiting period for a license before it can be used. Sets out a list of topics the premarital counseling should cover. (Add this waiting period section as an element to a third degree felony penalty in Section 30-1-14.) |
|
H.B. 140 |
Vehicle Checkpoint Amendments |
Butterfield |
|
|
Repeals authorization for administrative traffic checkpoints: regarding drivers that may be under the influence of alcohol or drugs; and regarding license plates, registration certificates, insurance certificates, or driver licenses. |
|
H.B. 141 |
State Sovereignty and Rights Set-Off |
Christensen |
|
|
Reaffirms the state's sovereign rights as outlined in the Ninth and Tenth Amendments of the Constitution of the United States of America. Reserves all rights of the state to claim a credit or set-off for any amount the state may incur due to the loss or wrongful withholding of its public lands or for the incarceration of illegal aliens that are not reimbursed by the federal government against any amount that the state is claimed to owe the federal government. Provides that the state is relieved of all liability for the payment of funds owed to the federal government for which the state exercises its rights of set-off. |
|
H.B. 194 |
Involuntary Feeding and Hydration of Inmates |
Brown |
|
|
Provides that a county jail may administer food or fluids to a prisoner by involuntary means for up to three consecutive days if a panel, consisting of the sheriff, a licensed physician, and a mental health therapist determine that the administration is reasonably necessary because the prisoner is in imminent danger due to inadequate nutrition or hydration. |
|
H.B. 196 |
Abusive Workplace Policies Act |
Sandstrom |
|
|
Enacts the Abusive Workplace Policies Act, including: defining terms; requiring a policy against certain conduct; imposing requirements for a policy; allowing for affirmative defenses; and providing for enforcement (civil). |
|
H.B. 202 |
Child Protection Amendments |
Watkins |
|
Oppose |
This bill prohibits the division and juvenile courts from taking action against a parent or guardian solely on the basis of a positive drug test result if the result is due to the parent's or guardian's proper use of prescribed medication. |
|
H.B. 221 |
Sexual Trafficking |
Grover |
House/ 1st reading (Introduced) 1/30/2012 |
|
Provides that if a person exploits prostitution and in the course of that offense commits the offense of human trafficking for forced sexual exploitation, the person shall be charged with the human trafficking offense. |
|
H.B. 223 |
Retention of Evidence Amendments |
Wilson |
House/ 1st reading (Introduced) 1/30/2012 |
|
Requires a peace officer's employing agency to retain recordings of minor children interviewed during an investigation into sexual abuse cases for a specified period of time. |
|
H.B. 227 |
Sex Trafficking-Penalties |
Grover |
House/ 1st reading (Introduced) 1/30/2012 |
|
This bill provides the grounds and procedures for the judicial vacating of a conviction for a prostitution offense if the defendant is a victim of human trafficking and that situation resulted in the prostitution conviction. |
|
H.B. 228 |
Criminal Gang Amendments |
Oda |
House/ 1st reading (Introduced) 1/31/2012 |
|
Amends the definition of a "criminal street gang" by changing 'primary' to 'substantial' in the following sentence: (b) that has as one of its substantial activities the commission of one or more predicate gang crimes. |
|
H.B. 229 |
Constable Amendments |
Perry |
House/ 1st reading (Introduced) 1/31/2012 |
|
Prohibits a county from contracting with a constable for a period that exceeds four years. Requires a constable to present certain identification. Requires a constable or deputy constable to notify the agency of jurisdiction before serving a bench warrant. Limits a constable's appointed term to four years. Prohibits a constable from operating in a county unless the constable registers with the county. |
|
H.B. 232 |
Abuse, Neglect, and Division Definitions |
Watkins |
House/ 1st reading (Introduced) 1/31/2012 |
|
Adds willful, wanton, and reckless negligence to the definition of neglect. Eliminates the division's responsibility to conduct court-ordered home evaluations in custody proceedings. |
|
H.B. 238 |
Expunged Records Amendments |
Greenwood |
House/ 1st reading (Introduced) 1/31/2012 |
|
Allows a government agency or official to release expunged information contained in a record of arrest, investigation, detention, or conviction as authorized by statute. |
|
H.B. 239 |
Pawnshop Record Amendments |
Greenwood |
House/ 1st reading (Introduced) 1/31/2012 |
|
Permits law enforcement and the Division of Consumer Protection to access pawn and purchase transaction records on a central database on behalf of an insurance company investigating a claim for physical loss of property. |
|
H.B. 244 |
Alcoholic Beverage Enforcement and Treatment Restricted Account Distribution Amendments |
Ray |
|
Support |
This bill addresses in general the purposes for which distributed money may be used addresses specifically how counties may use distributed money; and makes technical amendments. |
|
H.B. 246 |
County Correctional Facilities Funding Amendments |
Noel |
House/ 2nd reading 1/26/2012 |
Support |
Directs the state to calculate reimbursement for counties that house state inmates and parolees in county facilities based on the average number of days over the previous five years, instead of the actual number of incarceration days for the prior year. |
|
H.B. 252 |
POST Certification Waivers |
Greenwood |
|
Support |
This bill requires that an applicant for peace officer certification who requests a waiver of the peace officer training course must be able to lawfully possess a firearm, in addition to complying with the current waiver requirements. |
|
H.B. 254 |
Controlled Substances Amendments |
Froerer |
|
Support |
This bill adds benzylpiperazine to Schedule I of the controlled substances list; and adds AM-2201, RCS-4, JWH-210, and JWH-203 to the list of listed controlled substances. |
|
H.B. 257 |
Controlled Substance Database Amendments |
Daw |
|
Support |
Prohibits unauthorized use of the controlled substance database as a means of obtaining information from other states or a federal drug monitoring program. Provides for the designation by a practitioner of persons who are employed by the same business as the practitioner to gain access to the database at the request of the practitioner. Provides a procedure for an emergency room employee to look up information in the database for a practitioner who is treating an emergency room patient. Authorizes practitioners who enter into pain management contracts with patients to provide a record of the contract to the division to be entered in the database. |
|
H.B. 260 |
Pedestrians on Highways |
Perry |
|
Hold |
This bill provides that a pedestrian may not walk along or on a freeway or a limited access highway except during an emergency |
|
H.B. 264 |
High Occupancy Vehicle Lane Amendments |
Sumsion |
|
Oppose |
This bill provides that the Department of Transportation may establish a posted speed limit for a vehicle operating in a high occupancy vehicle lane of up to 75 miles per hour. |
|
H.B. 268 |
Driver License Amendments |
Peterson |
House/ 2nd reading 1/27/2012 |
Support |
This bill modifies the Uniform Driver License Act by amending provisions relating to certain driver license expiration dates. |
|
H.B. 276 |
Aiding Sexual Solicitation |
Ray |
|
Support |
This bill amends the Criminal Code regarding the offense of aiding prostitution. |
|
H.B. 277 |
Graffiti Paraphernalia |
Nielson |
House/ 2nd reading 1/27/2012 |
Support |
This bill modifies the definition of graffiti to include etching; and defines etching as defacing, damaging, or destroying hard surfaces by use of a chemical action. |
|
H.B. 278 |
Arrested Persons’ Health Insurance Provisions |
Daw |
|
Support |
This bill amends the Insurance Code to require health insurers to continue coverage of an individual who is incarcerated pending disposition of criminal charges. |
|
H.B. 282 |
Criminal Offense Amendments |
Ray |
House/ 2nd reading 1/31/2012 |
Support |
This bill revises the Criminal Code so that the offenses of lewdness, sexual battery, and public urination are each in a separate code section; and provides that a plea of guilty or no contest that is held in abeyance regarding a lewdness offense is the equivalent of a conviction.
|
|
H.B. 289 |
Reauthorization of Corrections Education Programs |
Watkins |
|
Support |
This bill modifies a provision that repeals certain provisions relating to the education of persons in the custody of the Utah Department of Corrections. |
|
H.B. 297 |
Highway Barricade Amendments |
Perry |
|
Support |
This bill clarifies that a person who willfully fails to observe any temporary or permanent highway barricade, warning light, sign, cone, or other object, or to obey a flagman, is guilty of a class B misdemeanor. |
|
H.B. 298 |
Motor Vehicle Safety Inspection Amendments |
Dougall |
House/ 1st reading (introduced) 1/30/2012 |
Oppose |
This bill modifies provisions relating to motor vehicle safety inspection programs. |
|
H.B. 300 |
Illegal Alien Related Amendments |
Herrod |
House/ 1st reading (introduced) 1/27/2012 |
Oppose |
Changes the title of the relevant chapter. Modifies definitions. Addresses the Immigration Act Restricted Account. Requires changes to federal law before the program can be implemented. Requires the department, under the direction of the governor, to write a letter to Utah's congressional delegation regarding other changes in federal law. |
|
H.B. 301 |
National Guard – Non Judicial Punishment |
Peterson |
|
|
Specifies the commanders' parameters for nonjudicial punishment. Provides guidelines for nonjudicial punishment for enlisted personnel and officers. Sets out appeal avenues and limits. Directs who can mitigate nonjudicial punishment. |
|
H.B. 306 |
Disposal of Unused Prescription Drugs |
Daw |
House/ 2nd reading 2/1/2012 |
Hold |
Enacts a requirement that the pharmacy board allow a pharmacy to take back unused prescription drugs if the federal rules permit a pharmacy take back program. Requires the pharmacy board to enact administrative rules regarding unused drug take back programs once federal rules related to drug take back programs are published. |
|
H.B. 309 |
Distribution of Property by Chance |
Powell |
House/ 1st reading (Introduced) 1/30/2012 |
Oppose |
This bill specifies that the disposal or distribution of property by chance is not a lottery if the payment of consideration for the chance to obtain the property is voluntary and optional. |
|
H.B. 311 |
Electronic Meetings for Charter School |
Daw |
|
|
Authorizes a charter school board to conduct and convene an electronic meeting in writing on a website. Requires notice to be given regarding when a vote will be taken. Prohibits a charter school board member from communicating with another person while a vote is taken during an electronic meeting. Exempts a charter school board from recording requirements. Establishes requirements for a website on which an electronic meeting of a charter school board takes place. Establishes a criminal penalty (class B misdemeanor). |
|
H.B. 315 |
Domestic Violence and Dating Violence Amendments |
Ray |
House/ 1st reading (Introduced) 2/2/2012 |
|
Provides for the issuance, modification, and enforcement of protective orders between parties who are, or have been, in a dating relationship when: the parties are emancipated or 18 years of age or older; the parties are, or have been, in a dating relationship with each other; and a party commits abuse or dating violence against the other party. Requires the Administrative Office of the Courts to develop and adopt uniform forms for petitions and orders for protection relating to dating violence. Describes the restrictions that a court may include in a protective order. |
|
H.B. 326 |
Serious Youth Offender Amendments |
Ray |
|
|
Corrects a discrepancy created when the aggravated assault statute was amended. |
|
H.B. 328 |
Judicial Performance Evaluation Amendments |
Snow |
|
|
Removes a provision requiring the Judicial Performance Evaluation Commission to allow a judge who is the subject of a judicial performance evaluation to appear and speak at commission meetings before the judge's judicial performance is considered. Excludes juror responses from being included in the minimum performance standards. |