Utah Law Enforcement Legislative Committee
2016 House Bills
Number
HB0014
Title
Emergency Services
Account Loan
Amendments
Sponsor
Oda
Status
Senate
Committee –
Judiciary, Law
Enforcement, &
Criminal Justice
Position
Support
HB0016
Offender Registry
Amendments
Draxler
House Committee
– Law
Enforcement &
Criminal Justice
(Not Considered)
Oppose
HB0019
Expungement
Amendments
Greene
House Committee
– Rules
Hold
HB0022
Civil Asset
Forfeiture –
Procedural
Reforms
Greene
House –
Awaiting 3rd
Reading
Oppose
(Priority)
HB0047
Postretirement
Employment Rural
and Title 1
Exceptions
Cunningham
House Committee
– Revenue and
Taxation
Support
HB0050
Postretirement
Reemployment
Amendments
Cunningham
House Committee
– Revenue and
Taxation
Support
HB0058
S02
Hemp Extract
Amendments
Froer
Senate – Awaiting
2nd Reading
Support
HB0062
Law Enforcement
and Criminal Justice
– Statutory Reports
Repeal
Ipson
House – Awaiting
3rd Reading
Support
HB0067
Weapons on Public
Transportation
Thurston
House – Awaiting
3rd Reading
Gun
Committee
to study
Comments
Authorizes the Division of Emergency
Management to provide short-term loans
to agents of the state for the purpose of
providing emergency services to a
member state of the Emergency
Management Assistance Compact when
there has been an emergency, aid from
the agent has been requested, the agent
has no funds available to respond.
Adds the ability to be removed from the
registry for Class A Misdemeanors for
enticing a minor and voyeurism.
Additionally disallows for petitioning to
reduce time on a registry for a period of 3
years if already denied once.
Redefines Expunge and creates a new
term/definition “seal.” Requires
administrative agencies remove
information regarding expunged
convictions from public databases.
Requires a direct nexus of the property
to a specific alleged criminal exchange
or transaction, in order for the property
to be forfeited. Requires the prosecutor
to bring an action for civil forfeiture in a
timely manner (30 days). Modifies the
allocation of the proceeds from asset
forfeiture dependant upon whether it
was a civil or criminal forfeiture action.
Provides that a retiree can be reemployed
after 60 days of retirement and within one
year so long as it is with a different agency
or it is with a participating employer in a
principal place of employment in a county
with 45,000 or less people/municipality
with 10,000 or less people.
Raises the amount a retiree is eligible to
receive upon reemployment from the
lesser of $15,000 or half their final
average salary to $20,000 or half.
Amends the definition of "hemp extract" by
reducing the cannabidiol by weight from
15% down to 5%. Extends the repeal date
of the Hemp Extract Registration Act to
July 1, 2021. Outlines educational
institution studies regarding cannabidiol.
Eliminates annual agency reports for the
Commission on Criminal and Juvenile
Justice on grants and funds allocated from
the Law Enforcement Operations Account,
Utah Department of Corrections written
report regarding the housing of state
inmates in county jails, Utah Substance
Abuse Advisory Council written report on
the implementation, impact, and results of
the Drug Offender Reform Act,
Commission on Criminal and Juvenile
Justice written report on the number of
state parole and probationary inmates
who are housed in county jails.
Allows any individual to carry a firearm
onto a bus so long as there is no criminal
intent.
HB0068
S01
Post-Exposure
Blood Testing
Amendments
Redd
House Committee
– Health and
Human Services
Support
HB0080
Vehicle Impound
Amendments
F. Cox
House Committee
– Rules
Support
HB0081
Government
Employees
Insurance Offerings
Kennedy
House – Awaiting
3rd Reading
Support
State employees not eligible for a
contribution to a health savings account
but are eligible for a contribution for a high
deductible plan may receive that
contribution in a health reimbursement
account or other qualified account the
employees are otherwise eligible for.
HB0086
Post Retirement
Employment
Restrictions
Cunningham
House Committee
– Revenue and
Taxation
Support
Allows a retiree to be reemployed with a
participating employer after a certain
period from the retiree's retirement date if
the retiree: does not receive certain
employer provided retirement benefits for
the reemployment; and is reemployed by a
different agency
HB0105
Human Trafficking
Revisions
Romero
House Committee
– Awaiting 3rd
Reading
Support
HB0114
Controlled
Substance
Reporting
Ward
House – Awaiting
2nd Reading
Support
HB0118
Public Access of
Administrative
Action Amendments
Greene
House Committee
– Judiciary
Hold
HB0120
DUI Enforcement
Funding
Amendments
Eliason
House Committee
– Law
Enforcement and
Criminal Justice
Support
HB0126
Unmanned Aircraft
Revisions
Powell
Hold
HB0136
Human Trafficking
Amendments
Ray
House Committee
– Natural
Resources,
Agriculture, and
Environment
House Committee
– Law
Enforcement &
Criminal Justice
HB0137
Restitution for
Incarceration Costs
Ray
House Committee
– Law
Enforcement &
Criminal Justice
Hold
Mistakenly believing a victim to be 18
years of age or older at the time of alleged
trafficking is not a suitable defense to the
crime of child trafficking.
Requires that info received in court reports
surrounding DUI’s of prescribed controlled
substances that renders the user
incapable of vehicle operation be entered
into a database by the appropriate
division.
Addresses access of information on public
state-controlled websites and accounts for
GRAMA as well as the Open and Public
Meetings Act
Increases the administrative impound fee
for impounding a vehicle due to an arrest,
citation, or referral for driving under the
influence. Allocates the increase in funds
to the Department of Public Safety
Restricted Account.
Prohibits individuals from flying an
unmanned aircraft within 3 miles of a
wildland fire. Law enforcement must first
give prior notice to the government entity
managing the response to the fire.
Changes the penalty for aggravated
human trafficking from a first degree
penalty to a capital offense if the victim is
17 years old or younger and the offense
results the death of the trafficked person.
Prohibits reduction of sentence for those
who commit this offense.
Requires that the County Sheriff provide
written notice to a defendant of
incarceration costs. Provides that the
Defendant may request an impecuniosity
hearing to determine if costs should be
reduced or waived. States that
incarceration costs are to be paid after
Hold
This bill allows an emergency service
responder to request a blood sample if
significantly exposed to a persons bodily
fluids during the course of performing their
duties.
Provides that the Motor Vehicle Division or
a peace officer may (instead of shall)
seize and take possession of any vehicle
that is being operated on a highway
without owner's or operator's security in
effect for the vehicle except in certain
circumstances. Outlines and repeals
specific circumstances.
HB0141
Window Tinting
Amendments
McKell
House Committee
– Rules
Hold
HB0149
Reporting Death
Involving Controlled
Substance
Amendments
Daw
House – Awaiting
2nd Reading
Support
HB0155
Reporting of Child
Pornography
Hall
House Committee
– Law
Enforcement &
Criminal Justice
Support
HB0159
Line of Duty Death
Benefit
Amendments
McKell
House Committee
– Law
Enforcement &
Criminal Justice
Support
HB0165
Garnishment
Amendments
Dee
House Committee
– Awaiting 3rd
Reading
Support
HB0166
Metal Theft
Amendments
Lifferth
Hold
HB0167
Utah Law
Enforcement
Memorial Special
Group License Plate
Perry
House Committee
– Law
Enforcement &
Criminal Justice
House Committee
– Transportation
HB0179
Consensual Sexual
Activity of a Minor
Nelson
House Committee
– Rules
Hold
HB0185
Deception Detection
Examiner Licensing
Amendments
Gibson
House – Consent
Calendar
Hold
HB0187
Animal Shelters
Amendments
Anderson
House Committee
– Rules
Oppose
HB0191
Interlock Restricted
Driver Amendments
Grover
House Committee
– Law
Enforcement and
Criminal Justice
Support
Support
victim restitution costs.
Prohibits the use of a vehicular rear
window or rear-side window that allows
less than 28% light transmittance.
Requires that the medical examiner
reviewing the death notify each
practitioner who may have written a
prescription for the drug that the
substance was used in an overdose or
poisoning and the examiner shall provide
a report to the DOPL.
This bill requires that a computer
technician who finds child pornography on
a computer during the course of their work
must report it to law enforcement (if they
don’t that is a class B misdemeanor).
Outlines who can and cannot be held
liable.
Repeals a provision that discontinues
employer paid health coverage for a
surviving spouse of a peace officer or
firefighter who dies in the line of duty when
the surviving spouse remarries.
Disability Benefits and Veterans Benefits
may be garnished on behalf of a child
victim who is owed restitution for being the
victim of a felony sex offense.
Requires that a metal dealer hold copper
wire for three business days before selling
the wire.
Creates the Utah Law Enforcement
Memorial Support Restricted Account and
requires the Commissioner of Public
Safety to oversee and distribute the funds
in this account to certain charitable
organization or operations that support the
Utah Law Enforcement Memorial. Creates
a special license plate for those who
donate to the fund (at least $35).
For a class B Misdemeanor the defendant
must also prove they are not blood related
and they were not residing in the same
household as the minor. Amends the
“position of trust” element to include any
person employed or volunteering at an
elementary or secondary school.
Requires licensing for a deception
detection examination administrator.
Outlines qualification for becoming and
renewing licenses. Local regulations
surrounding deception detection are
superseded and can no longer be
enacted.
Authorizes an animal shelter to euthanize
an animal by sodium pentobarbital.
Prohibits an animal shelter from using
certain methods to euthanize an animal
(carbon monoxide, carbon dioxide,
chambers that alter atmospheric pressure
or use engine exhaust). Requires an
animal shelter to adopt a euthanasia
policy and training program
Requires that an employee who is legally
restricted by an ignition interlock system to
carry written information provided by their
employer allowing them to use a vehicle
for company purposes (never personal).
HB0192
Opiate Overdose
Response Act –
Pilot Program
McKell
House Committee
– Health and
Human Services
Support
HB0197
Lobbying by State
Agencies
Amendments
Roberts
House Committee
– Government
Operations
Oppose
HB0205
Tier II Retirement
Amendments
Cunningham
House Committee
- Rules
Support
HB0206
Human Trafficking
Safe Harbor
Amendments
Romero
House Committee
– Law
Enforcement and
Criminal Justice
Support
HB0210
Media Production
Vehicle Exemption
McCay
House Committee
- Rules
Hold
HB0214
Protective Order
Modifications
Pitcher
House Committee
- Rules
Support
HB0225
Cyber Crime
Amendments
Lifferth
House Committee
- Rules
Support
HB0236
Charitable
Prescription Drug
Recycling Program
Froer
House Committee
- Rules
Hold
Requires the Driver License Division to
post the ignition interlock restriction on a
person's electronic record that is available
to law enforcement.
Renames the act and appropriates an
ongoing fund of $500,000 and a one time
appropriation of the same amount.
Outlines a doctor’s ability to provide opiate
antagonists and law enforcements ability
to administer it (along with others).
Prohibits an employee of the state from
engaging in lobbying on a legislative
action. State employees are specified as
employees of the Executive Branch. State
Entities are not allowed to take public
stances on legislative action.
Increases the retirement multiplier for
years of service credit accrued on and
after July 1, 2017, for the Tier II Hybrid
Retirement System and the maximum
contribution a participating employer pays
toward retirement benefits for a Tier II
public employee, public safety service
employee, and firefighter. Caps the
number of years of service credit that may
be accrued for a Tier II Hybrid Retirement
System public safety service employee at
25 years. (Public Safety 37.5%-50%)
Requires the Division of Child and Family
Services to provide services to a child who
is engaged in prostitution or sexual
solicitation. Provides that any child
engaged in the offense of prostitution or
sexual solicitation may be subject to
delinquency proceedings only if the
division finds delinquency proceedings are
in the best interest of the child.
Requires a media production to give the
law enforcement agency with jurisdiction
of the appropriate highway 24 hours
notice before using a media production
vehicle in order to become exempt from
the restrictions set forth in 41-6a-1616
(Involving high intensity beams, red or
blue lights, flashing lights, etc.).
Amends provisions in the Judicial Code
related to obtaining an ex parte child
protective order or a child protective order
for children who have been subjects of
abuse.
Outlines the punishment for certain cyber
crimes that damage critical infrastructure
depending on the cost of damage that is
done directly or through a denial of service
attack. Includes state and local law
enforcement entities as options through
which to report an offense/violation or
emergency report. States that false alarms
are punishable by a 3rd degree felony.
Directs the Division of Occupational and
Professional Licensing (DOPL) to make
rules, in consultation with the Utah State
Board of Pharmacy, to create a charitable
prescription drug recycling program and
outlines the rules by which members of
this program must abide and the
background checks eligible pharmacies
must endure. Clarifies that those who
donate or accept drugs for use through
HB0238
Opiate Overdose
Response Act –
Overdose Outreach
Providers and Other
Amendments
Moss
House Committee
- Rules
Support
HCR04
Concurrent
Resolution
Declaring Drug
Overdose Deaths to
be a Public Health
Emergency
Moss
House Committee
– Health and
Human Services
Support
this program cannot be held liable for
injury, death, or loss of property for
participating in this program.
Defines overdose outreach providers and
includes law enforcement in that definition.
States that these providers may obtain
and store opiate antagonists as well as
administer them in the appropriate
situation without civil liability.
Strongly urges Utah's Department of
Health, Department of Human Services,
and Department of Public Safety to
recognize this public health crisis and
direct resources to reduce the number of
overdose deaths in Utah.
Utah Law Enforcement Legislative Committee
2016 Senate Bills
Number
SB0029
Title
Retirement Systems
Amendments
Sponsor
Weiler
Status
House
Committee –
Retirement and
Independent
Entities
Position
Support
SB0036
Postretirement
Employment
Exceptions
Mayne
Senate
Committee –
Retirement and
Independent
Entities
Support
SB0043
Firearm Safety and
Violence Prevention
in Public Schools
Weiler
Senate –
Awaiting 2nd
Reading
Support
SB0045
Compulsory
Education Revisions
Jackson
Hold
SB0047
College Credit for
Public Safety
Officers
Mayne
Senate –
Awaiting 2nd
Reading
Senate
Committee –
Education (Held)
SB0054
Controlled
Substance
Database
Modifications
Weiler
SB0071
Children’s Justice
Center
Amendments
Oakerlund
SB0073
Medical Cannabis
Act
Madsen
Support
Senate
Committee–
Judiciary, Law
Enforcement,
and Criminal
Justice
Senate –
Awaiting 2nd
Reading
Support
Senate
Committee–
Judiciary, Law
Enforcement,
and Criminal
Justice
Oppose
(Priority)
Support
Comments
Provides that the annual compensation used to
calculate final average salary shall be based on a
calendar year for public safety employees, and
provides that a public safety employee who is
transferred or promotes to an administrative position
will still earn public safety service credit so long as
their duties consist of managing other public safety
employees and they remain in the same department.
Allows for the continuation of the retirement credit if
a person is reemployed as a public safety service
employee, firefighter, or school district employee.
Also requires a participating employer to pay the
contribution rate for a reemployed retiree in certain
circumstances.
Establishes a pilot program for students in public
schools grade 8 and above to learn about firearm
safety, active shooter preparedness, and acting
based on information of known threats. Parent
approval required for pilot. Allocates $75K one-time.
Eliminates criminal penalties for a parent of a truant
school-age child (removes 3 class B misdemeanors
surrounding student enrollment).
Allows those Peace Officers who have completed a
basic training course at a certified academy to
receive up to 18 higher education credits applicable
to a criminal justice (or similar) program.
Allows probation and parole officers to obtain
information in the controlled substance database
without a warrant.
Modifies the attorney general's and Children's
Justice Centers' requirements in operating the
Children's Justice Center Program
Outlines the entire structure through which
medical cannabis is to be grown, tested, sold
through licensed means, and used for medical
purposes. Prohibits peace officers from
removing children from homes where medical
cannabis is used legally.
SB0082S
01
Child Welfare
Modifications
Harper
Senate –
Awaiting 2nd
Reading
Support
SB0089
Medical Cannabidiol
Amendments
Vickers
Senate
Committee –
Health and
Human Services
Hold –
Pending
Further
Discussion
SB0094
Law Enforcement
Use of Body
Cameras
Thatcher
Senate
Committee –
Rules
Support
SB0097
Concealed Firearms
Amendments
Hinkins
Senate
Committee –
Rules
Hold – gun
committee
to study
SB0106
Assault Offense
Amendments
Shiozawa
Support
SB0107
Hate Crime
Amendments
Urquhart
Senate
Committee –
Judiciary, Law
Enforcement,
and Criminal
Justice
Senate
Committee –
Judiciary, Law
Enforcement,
and Criminal
Justice
SB0113
Subjecting a Minor
to Sexual Material
Weiler
Senate
Committee Rules
SB0124
Gang Enhancement
Provision
Amendments
Thatcher
LRGC –
Awaiting Fiscal
Input
SCR05
Concurrent
Resolution in
Support of Law
Enforcement
Officers
Jackson
Senate
Committee –
Awaiting 2nd
Reading
Support
SJR010
Joint Resolution on
Education for Law
Enforcement
Professionals
Mayne
Senate Consent
Calendar
Support
Hold
Requires child welfare caseworkers within the
Division of Child and Family Services (the division) to
use evidence-informed or evidence-based safety
and risk assessments to guide decisions concerning
a child throughout a child protection investigation or
proceeding. Modifies the Utah Criminal Code
regarding the offenses of human trafficking and
Human trafficking of a child to account for
patronization and solicitation. Allows juvenile courts
to order another planned permanent living location
for those over the age of 16 under certain
circumstances.
Outlines the process through which individuals can
obtain medical marijuana legally and the process
through which it is sold, controlled, and monitored.
Allows for medical marijuana retail locations that are
subject to sales tax. Allows institutions of higher
education to give cannabidiol to patients for research
approved by the Department of Health.
Requires that any law enforcement agency that uses
body-worn cameras for its law enforcement officers
shall have a written policy governing their
use. Outlines that POST will establish the minimum
standards for agencies to follow and what those
standards should cover. Specifies audio or video
recordings made by a body-worn camera are
considered a private record.
An individual over the age of 21 who lawfully
possesses a firearm is not subject to the class B
misdemeanor of carrying a concealed firearm in
locations that you are not the owner of: home,
vehicle, business.
Increases the penalty (to a 3rd degree felony) for
assault against health care providers or emergency
medical workers when the assault causes substantial
bodily injury.
Modifies and expands the definition of hate crimes,
outlined increased penalties for actors who commit
hate crimes regardless of whether their prejudices
were true convictions. Amends the statewide uniform
crime reporting system in the Bureau of Criminal
Identification to specify additional criteria to be
reported regarding crimes that indicate evidence of
prejudice.
Penalties regarding sexual offenses against children
are increased by one degree if the victim was
exposed to pornography during the course of the
commission of the offense.
This bill adds retaliation against a witness, victim, or
informant as an offense for which a person is subject
to an enhanced penalty if the person is found to
have been aided by two or more persons or the
action was related to criminal street gang activity.
Asks law enforcement officers in Utah County to turn
on their red and blue lights for up to one minute at
11:00 a.m. on the first day of every month of 2016 to
honor all law enforcement officers lost this year.
Expresses support for Utah County law enforcement
officers and law enforcement officers nationwide.
Urges Utah's law enforcement professionals to
engage in continuing education and training activities
to continually update their work skills and
professionalism.