Utah Law Enforcement Legislative Committee 2014 House Bills Number HB 11 Title OD Reporting Amendments Sponsor Moss Status House/Bill enrolled for printing Position Support HB 15 DL Suspension Amendments Sagers Governor signed Support HB 16 Wrongful Lien Amendments Driver License Amendments Webb Draft of enrolled bill prepared Draft of enrolled bill prepared Support HB 18 Handy Support HB 20S02 EV Operator Duty of Care Revisions Dee Draft of enrolled bill prepared Priority Support HB 23 Suicide Prevention Revisions Eliason Draft of enrolled bill prepared HB 24S03 HB 28 Insurance Related Amendments Wildlife License Expiration Amendments Beer Tax Dunnigan Draft of enrolled bill prepared Draft of enrolled bill prepared Support with Amends Support Draxler Draft of enrolled bill prepared Support with Amends HB 53 Restitution Amendments J. Peterson Draft of enrolled bill prepared Support HB 71S01 Distribution of Personal Images Poulson Support HB 70S02 Forcible Entry Amendments Roberts Bill received from House for enrolling Draft of enrolled bill prepared HB 40S01 Noel Support No Position 2nd Sub 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. Amends hunting and fishing license expiration date provisions. 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. Distribution of an intimate image without permission becomes a third degree felony. 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 HB 80 Speed Limit Amendments Dunnigan Draft of enrolled bill prepared Support HB 97 Limitation on Local Government Regulation of Animals Electronic Device Location Amendments Amendments to DL Sanctions for Alcohol Related Offenses Peace Officer Agreements with Federal Agencies King Draft of enrolled bill prepared Oppose Wilcox Bill received from House for enrolling Draft of enrolled bill prepared Oppose Greenwood Draft of enrolled bill prepared Support HB 128S01 HB 137S01 HB 147 Knotwell Support HB 149 Amendments to Federal Law Enforcement Limitations Noel Draft of enrolled bill prepared Support HB 155S01 Utah 911 Committee Amendments Dee Draft of enrolled bill prepared Hold HB 157S01 Rape Kit Processing Amendments Seelig Draft of enrolled bill prepared Support HB 212 DNA Collection Amendments Eliason Draft of enrolled bill prepared Support HB 225S01 Primary LE Duties for Sheriffs Ray Draft of enrolled bill prepared Support HB 254S01 Human Trafficking Victim Amendments Seelig Draft of enrolled bill prepared Support 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 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. Prohibits a municipality from enacting or enforcing a breed-specific rule, regulation, policy, or ordinance about dogs. 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 of law enforcement authority by federal agencies and employees. State and local law enforcement officers may not recognize a federal employee's exercise of LE authority when exercise is on a state or local law ordnance. Amends the duties of UCA to include: administering the program established for the computer aided dispatch system; and coordination with the Utah 911 Committee. 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. 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. 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. HB 257 Aggravated Sexual Abuse of a Child Amendments Wilson Draft of enrolled bill prepared Support HB 268S02 Dangerous Weapons Amendments Peace Officer Certificates Greene Draft of enrolled bill prepared Greenwood Draft of enrolled bill prepared Priority Oppose (1st Sub.) Support HB 270 HB 276 Disorderly Conduct Amendments Ray Draft of enrolled bill prepared Support Substitute HB 295 Weapons Law Amendments Greenwood Draft of enrolled bill prepared Support HB 296 Concealed Weapons Permit Amendments Law Enforcement Volunteer Amendments Firearm Transfer Certification Amendments Court Security Fee Amendments Victim Restitution Amendments Greenwood Draft of enrolled bill prepared Support Greenwood Draft of enrolled bill prepared Support Wilcox Draft of enrolled bill prepared Oppose Ray Draft of enrolled bill prepared Draft of enrolled bill prepared Support HB 433 Peace Officer Merit Amendments Dee Draft of enrolled bill prepared Support HCR 8 Joint Resolution Regarding Moving the State Prison Wilson Draft of enrolled bill prepared Support HB 304 HB 373 HB 404 HB 411 Wilson Support 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. Authorizes sheriff to approve volunteers to serve in an emergency law enforcement event. Requires LEOs to certify certain federal firearm transfers. Increases the surcharge for court security from $8 to $18. Requires the court to maintain jurisdiction of a case and continue probation for a defendant who has unpaid accounts receivable related to fines, fees, or restitution. Enacts the Peace Officer Merit System in Counties of the First Class Act, including provisions relating to disciplinary actions and appeals; and the sheriff's authority to appoint more than one chief deputy, deputy chief, or undersheriff. 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 Status Draft of enrolled bill prepared Draft of enrolled bill prepared Position Support SB 72S01 Uninsured Motorist Provisions Hillyard SB 88S01 Child Interview Amendments Okerlund Draft of enrolled bill prepared Support SB 92 Metal Theft Davis Draft of enrolled Support Oppose Comments Modifies Title 76, Utah Criminal Code, relating to the punishment for theft of property or services. A peace officer shall seize and take possession of any vehicle, vessel, or outboard motor that is being operated on a highway without owners or operator's security in effect for the vehicle except in certain circumstances. Provides that a video or audio recording of an interview, or a transcript of the video or audio recording, that is conducted at a Children's Justice Center is not a record under the Government Records Access and Management Act. Provides that the records and identification Amendments bill prepared SB 99S01 Natural Gas State Vehicle Requirements Jenkins Draft of enrolled bill prepared Oppose SB 108 Judiciary Amendments Hillyard Draft of enrolled bill prepared SB 144 Driver License Modifications Valentine Draft of enrolled bill prepared Oppose (Cost Concerns) Support SB 149S01 Drowsy Driving Act Osmond Draft of enrolled bill prepared Oppose SB 167S02 Regulation of Drones Stephenson Bill received from Senate for enrolling Oppose SB 185 Law Enforcement Transparency Henderson Draft of enrolled bill prepared No Position SB 198 Law Enforcement Exemption for Medical Information Cory B. Wride Memorial Highway Adams Draft of enrolled bill prepared Support Madsen Draft of enrolled bill prepared Support Ipson Draft of enrolled bill prepared Draft of enrolled bill prepared Support SB 234 SB 253S01 SB 256 Distracted Driver Amendments Asset Forfeiture Amendments Stephenson Support requirements regarding transactions in regulated metal apply also to persons who refine or melt regulated metals. 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. 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. 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. Requires all state or municipal law enforcement agencies to annually report specific information to CCJJ. Allows a health care provider to state whether a detainee is medically cleared for incarceration in certain circumstances. Designates Route 73 from Route 68 westerly to the Tooele County line as the Cory B. Wride Memorial Highway. Amends the devices that are included as handheld wireless devices. Provides that if the prosecuting attorney does not file a forfeiture complaint within 75 days after the seizure, the property shall be promptly returned and no further prosecutorial action may be taken.