Utah Law Enforcement Legislative Committee 2014 House Bills Number HB 11 Title OD Reporting Amendments Sponsor Moss Status Bill received from house for enrolling Position Support HB 15 DL Suspension Amendments Sagers Governor signed Support HB 16 Wrongful Lien Amendments Driver License Amendments Webb Senate/Circled Support Handy Draft of enrolled bill prepared Support HB 18 Comments A person who reports an overdose from a controlled substance may claim an affirmative defense to specified charges of violating the Utah Controlled Substances Act if the person remains with the person who is subject to the overdose and cooperates with responding medical providers and law enforcement officers; and provides penalty mitigation. Requires the Driver License Division to shorten a person's one- or two-year license suspension or denial period that is currently in effect for certain alcohol related offenses to a six-month period if: the driver was under the age of 19 at the time of arrest; offense was a first offense that was committed prior to May 14, 2013; and the suspension or denial was based on the same occurrence upon which certain written verifications are based. Requires notice to be served on subject of lien and provides liability for wrongful lien. A person who is 17 years of age or younger is eligible for a driver license certificate if the person has held an equivalent learner permit issued by another state or branch of the United States Armed Forces for six months. Operator of an authorized emergency vehicle owes no duty of care to a person who is a suspect in the commission of a crime and evading, fleeing, or otherwise attempting to elude the operator of an authorized emergency vehicle; or in a motor vehicle with the suspect, unless that person can prove by a preponderance of the evidence that the person's presence in the motor vehicle was involuntary. Allows school employees and personnel to ask students question related to youth suicide prevention. Designates insurance fraud investigators as LEOs. HB 20 EV Operator Duty of Care Revisions Dee Senate/Circled Priority Support HB 23 Suicide Prevention Revisions Eliason Senate/To house Support with Amends HB 24S02 Insurance Related Amendments Dunnigan Support HB 28 Wildlife License Expiration Amendments Controlled Substances Amendments Beer Tax Noel Senate/Placed on 3rd reading calendar Draft of enrolled bill prepared Support Amends hunting and fishing license expiration date provisions. Ray House/Enrolled bill to printing Support Draxler Senate/2nd reading Support with Amends HB 30 HB 53 Restitution Amendments J. Peterson Senate/Passed 2nd reading Support HB 57 Animal Shelter Amendments Romero Senate/Circled Oppose HB 65 Criminal Law Amendments Distribution of Hall House Comm – Not Considered Senate/Standing Support Adds new "spice" and emerging drug analogs to the listed controlled substances. Addresses the use of beer excise tax revenues to prevent alcohol and substance abuse. Requires use of a specific level of revenues to be used for prevention. Takes effect on July1, 2014. Provides for a juvenile court to retain jurisdiction to make and enforce orders related to restitution. Authorizes an animal shelter to euthanize an animal using carbon monoxide gas only in certain situations. Criminal penalty for revenge porn. Support Distribution of an intimate image without HB 40S01 HB Poulson 71S01 HB 68 Personal Images Protection of State Park Resources committee House Comm – Held Support HB 70S01 Forcible Entry Amendments Roberts House/Received fiscal note Priority Oppose HB 79 Vehicle Impound Amendments Perry House Comm – Held Support HB 80 Speed Limit Amendments Dunnigan Bill received from house for enrolling Support HB 82 Retail Theft Loss Prevention Officers Wheatley House Comm – Not considered Hold (Rec. Interim Study) HB 97 Limitation on Local Government Regulation of Animals Illegal Immigration and Human Trafficking Enforcement Roadway and Sidewalk Safety Amendments Expungement of Administrative Disciplinary Action King Senate/1st reading (introduced) Oppose Greenwood Returned to Rules Oppose Nielson House/2nd reading Hold Greene House Comm – Returned to rules Oppose Wilcox House/2nd reading Oppose Knotwell House/To standing committee Greenwood House/To standing committee Noel House/1st reading HB 100 HB 101 HB 124 HB 128S01 HB 137 HB 147 HB 149 Electronic Device Location Amendments Amendments to DL Sanctions for Alcohol Related Offenses Peace Officer Agreements with Federal Agencies Amendments to Federal Law Pitcher permission becomes a third degree felony. Prohibits an individual from damaging or defacing any geological site or area owned by Division of Parks and Recreation. Amends law regarding the use of forcible entry by law enforcement officers to include searches; requires officers to identify themselves before forcing entry; allows officers to force entry into a building without first issuing a demand or explanation if there is probable cause to believe that evidence will be easily or quickly destroyed; requires officers to use least force necessary executing forcible entry; any application for a warrant to forcibly enter a residence shall: explain why officials cannot use less invasive or confrontational methods; explain why search or arrest cannot be executed during the day, describe investigative activities undertaken prior to executing the search or arrest to identify the correct building and makes any information or property obtained in violation is inadmissible in court. Provides that a peace officer may seize possession of any vehicle whose operator has a denied, revoked, suspended, or disqualified license, without a warrant. Provides that the Department of Transportation may establish a posted speed limit on a freeway or other limited access highway that exceeds the maximum speed limit if the speed limit is based on a highway traffic engineering and safety study. Allows a law enforcement agency to appoint volunteers to issue citations for shoplifting and for use of theft detection shielding devices. Prohibits a municipality from enacting or enforcing a breed-specific rule, regulation, policy, or ordinance about dogs. Transfers management of multi-agency strike force from the Attorney General to the Department of Public Safety. Prohibits individuals from engaging in conduct that impedes or blocks traffic within certain roadways. Provides that records expunged under this legislation may still be used internally by the agency, shared with law enforcement, the courts, and as directed by court order. Requires a search warrant before requesting disclosure of the location of an electronic device. Reduces Driver License suspension periods for a violation of certain alcohol or drug related offenses. Specifies the terms under which a federal agency may enter into an agreement with a county sheriff to enforce federal laws and state and local laws. Modifies current law regarding state and local law enforcement officers' recognition Enforcement Limitations (introduced) HB 157 Rape Kit Processing Amendments Seelig House/1st reading introduced HB 202 Weapons Restrictions Amendments Redd House/To standing committee Support HB 212 DNA Collection Amendments Eliason Senate/To standing committee Support HB 225S01 Primary LE Duties for Sheriffs Ray Support HB 242 Fees for Govt. Record Requests Human Trafficking Victim Amendments King Senate/To standing committee House Comm – Held House/ Received fiscal note HB 254S01 Seelig Priority Oppose Support HB 257 Aggravated Sexual Abuse of a Child Amendments Wilson Senate/To standing committee Support HB 268S01 Dangerous Weapons Amendments Peace Officer Certificates Greene House Comm – Favorable recommendation Bill received from House for enrolling Priority Oppose (1st Sub.) Support HB 270 Greenwood HB 276 Disorderly Conduct Amendments Ray House Comm – Not considered Oppose HB 295 Weapons Law Amendments Greenwood Support HB 296 Concealed Weapons Permit Amendments DUI Amendments Greenwood Senate Comm – Favorable recommendation Senate Comm – Favorable recommendation House/2nd reading HB 303S01 Perry Support Support of law enforcement authority by federal agencies and employees. State and local law enforcement officers may not recognize a federal employee's exercise of law enforcement authority when the exercise is based on a state or local law or ordinance. Law Enforcement Agency shall provide written notification to a victim or their designee 60 days before disposing of evidence from an unsolved sexual assault or rape case. Law Enforcement office where report is filed is responsible for notifying victim of these rights. Restricts a person who has been civilly committed to a local mental health institution from the possession, purchase, transfer, and ownership of a dangerous weapon. Provides that law enforcement may collect DNA at time of booking for any felony from May 13, 2014 through December 31, 2014; and requires law enforcement to collect DNA samples at time of booking for any felony start January 1, 2015. Designates sheriff as the primary LE authority in the incorporated and unincorporated county. Requires a record request to be completed without charge. Child is not subject to delinquency proceeding for prostitution unless child has been referred to the Division of Child and Family Services on at least one prior occasion for an alleged act of prostitution. Provides a definition of the term “position of special trust” as: any person in a position of authority, which enables the person to exercise undue influence over the child. Exempts archery equipment from list of dangerous weapons when used for hunting or recreation. Peace officer certification becomes inactive if a peace officer has not been actively engaged in performing the duties as a certified and sworn peace officer for 18 consecutive months. Displaying a dangerous weapon in public under certain circumstances may be disorderly conduct. Confirms that merely displaying a dangerous weapon in public without other behavior is not disorderly conduct. Excludes certain weapon-related requirements for a person performing an official duty. Provides for commissioner of public safety to establish annual requalification requirements. Changes one of the standards for a driving under the influence violation from "being under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the person incapable of safely operating a vehicle," to "being impaired to the slightest degree by alcohol, any drug, any substance, or any combination thereof." Senate Comm – Consent calendar recommendation House/To standing committee HB 304 Law Enforcement Volunteer Amendments Greenwood HB 305 Safety Belt Revisions Perry HB 343 Purchase of Correctional Industry Goods Prohibition of License Plate Covers Expungement Amendments Christofferson House Comm – Held Wheatley House Comm – Held Hutchings Firearm Transfer Certification Amendments Joint Resolution on Jail Facilities Wilcox House/1st reading (introduced) House/1st Reading (introduced) House/2nd reading HB 360 HB 366 HB 373 HJR 17 HJR 19 HCR 8 Joint Resolution Regarding Moving the State Prison Juvenile Detention Facilities Amendments LEO Compensation Data Analysis Medical ID Theft Parent Visitation Amendments Administrative Subpoena Amendments Sate Enforcement of Federal Constitutional Requirement DUI Revisions Tobacco Age Restrictions Preferred Drug List Amendments Towing Amendments Trespasser Liability Amendments Prison Relocation Amendments Greenwood Wilson Hutchings Hutchings Lifferth McCay McIff Nielson Powell Powell Redd Stratton Wilson Wilson House/To standing committee Support Authorizes sheriff to approve volunteers to serve in an emergency law enforcement event. Support Repeals the provision that provides that the failure to use a child restraint device or to wear a safety belt does not constitute contributory or comparative negligence on the part of a person seeking recovery for injuries; and repeals the prohibition against introducing the failure to use a child restraint device or to wear a safety belt as evidence in any civil litigation on the issue of negligence, injuries, or the mitigation of damages. Removes Director of Correctional Industries from a determination about the possibility of purchasing from the division. Prohibits placing a cover over a license plate. Provides for the Board of Pardons and Parole to issue an order of expungement when granting a pardon. Requires LEOs to certify certain federal firearm transfers. Support Support Approves contracting for beds dedicated to housing state inmates in the counties of Tooele, Weber, Davis, Iron, Kane, Emery, Grand, and Garfield. Concludes that it is in the best interest of the state to move the state prison from its current location in Draper Utah Law Enforcement Legislative Committee 2014 Senate Bills Number SB 13 Title Theft Amendments Sponsor Thatcher SB 28 Retirement Amendments Driver License Act Amendments Weiler SB 30 Van Tassell Status Draft of enrolled bill prepared Senate/To Governor Senate/To standing committee Senate/1st reading (introduced) Position Support Pass Support SB 72 Uninsured Motorist Provisions Hillyard SB 92 Metal Theft Amendments Davis Senate/Placed on 2nd reading calendar Support SB 94 Security Personnel Licensing Amendments Dayton Oppose SB 99S01 Natural Gas State Vehicle Requirements Jenkins Senate Comm – Motion to recommend failed Senate/To House SB 108 Judiciary Amendments Hillyard Draft of enrolled bill prepared SB 112S01 SB 128 Game Fowl Fighting Amendments Safety Belt Amendments Davis SB 144 Driver License Modifications Valentine Senate/To House Senate Comm – Motion to recommend failed Draft of enrolled bill prepared Oppose (Cost Concerns) Hold SB 149 Drowsy Driving Act Osmond Senate/Placed on 2nd reading calendar Oppose SB 154 ATV Amendments Jenkins Hold SB 161 Criminal Surcharge Amendments Harper Draft of enrolled bill prepared Senate Comm – Not Considered SB 162 Secondhand Sales Amendments Thatcher Senate/Placed on 2nd reading calendar No Position SB 167 Regulation of Drones Stephenson Senate Comm – Held Oppose SB 175 Law Enforcement Services Account Amendments Jenkins Senate Comm – Not considered Hold SB 185 Law Enforcement Transparency Henderson Senate/Received fiscal note Robles Oppose Support Support Oppose Comments Modifies Title 76, Utah Criminal Code, relating to the punishment for theft of property or services. Numerous changes to the URS system. Bill prohibits the DLD from issuing a CDL to a person younger than 18 years of age at the time of application, modifies instructor regulations. A peace officer shall seize and take possession of any vehicle, vessel, or outboard motor that is being operated on a highway without owner's or operator's security in effect for the vehicle except in certain circumstances. Provides that the records and identification requirements regarding transactions in regulated metal apply also to persons who refine or melt regulated metals. Modifies provisions regarding individuals who may engage in acts regulated by the Security Personnel Licensing Act without being licensed under the act. Requires Division of Fleet Operations to ensure that at least 50% of state vehicles used for transportation of passengers are natural gas vehicles. Requires a peace officer or public official to include on a citation whether the offense was a domestic violence offense. Outlines the punishment for persons involved in game fowl fighting, including spectators. Officer may only enforce the safety belt restraint requirement as a secondary action on a highway with a posted speed limit of less than 55 miles per hour. This bill modifies the Uniform Driver License Act by amending provisions relating to driver license hearings. Person operating a motor vehicle is guilty of careless driving if the person’s ability or alertness is so impaired by fatigue that it is unsafe for the person to operate a motor vehicle. Repeals the prohibition on a person operating a street-legal ATV on a street or highway. Amends the pro rata division of money collected on criminal fines, penalties, and forfeitures subject to a 90% surcharge, so that the local governmental collecting entity retains 5% more and the state retains 5% less. Provides an exemption to the 15-day holding period for secondhand merchandise that is valued less than $50 and that does not contain: a serial number or other identifiable marks; or any identifiable marks that appear to have been intentionally defaced. Prohibits an agent of the state from operating an unmanned aerial vehicle except in certain situations. Establishes requirements for agents of the state to operate drones. Provides that funds available in the Law Enforcement Services Account: must be used for law enforcement purposes to reduce crime in areas with halfway houses. Requires all state or municipal law enforcement agencies to annually report specific information SB 198 SB 199 SB 220 Law Enforcement Exemption for Medical Information Amendments to Emergency Telephone Law Disorderly Conduct Modifications Transportation Amendments Asset Forfeiture Amendments Adams Senate/Received fiscal note Bramble Senate/Received fiscal note Bramble LFA/Fiscal note publicly available Harper Stephenson Support to CCJJ. Allows a health care provider to state whether a detainee is medically cleared for incarceration in certain circumstances. Addresses duties and liabilities of a voice over Internet protocol service provider. Adds a requirement that an arrest made for disorderly conduct related to the display of a dangerous weapon be reported to the Concealed Firearm Review Board.