Title: Distracted Driver Amendments

Currently:House/ filed Dated:3/14/2019

Sponsor: Moss, Carol Spackman
Party: Democratic
Floor: Ipson, Don L.
Party: Republican

Comments:

• 2018 General Session, H.B. 64, "Distracted Driving Amendments", [did not pass, CCJJ held it]. This bill defines "manual manipulation" as the use of a hand to hold or operate a handheld wireless communication device; manual manipulation does not include the use of a hand to activate or deactivate a feature or function of the handheld wireless communication device if: (1) the manipulation is a single swipe or tap of a finger; and (2) the handheld wireless communication device is mounted on the vehicle's windshield, dashboard, or center console in a manner that does not hinder the operator's view of the road.

Title: Victim Rights Amendments

Currently:Governor Signed Dated:3/25/2019

Sponsor: Eliason, Steve
Party: Republican
Floor: Weiler, Todd
Party: Republican

Comments:

• 2018 General Session 1st Sub. H.B. 449, “Victim Rights Amendments” [did not pass, CCJJ opposed stating "Places burden on law enforcement; creates unrealistic incentives for victims to move case."] The individual who is a victim of a first degree felony, or who is a family member of a missing person or homicide victim, may request review of the investigation by the chief executive of the law enforcement agency investigating the incident. 2/22: 2nd sub adopted and passed out of Senate Health and Human Services Committee. 2nd sub: LEA, county attorney, AGs. Amendment 1: tiny drafting error.

Title: Fraudulent Drug Testing Amendments

Currently:Governor Signed Dated:3/22/2019

Sponsor: Eliason, Steve
Party: Republican
Floor: Christensen, Allen M.
Party: Republican

Comments:

• 2/14: 1st sub adopted and passed on House Floor. Reduces the penalties to an infraction. Also changes that was worked out with DPS. This bill makes it an infraction to distribute , possess, or sell an adulterant or synthetic urine; to defraud an alcohol or drug test using an adulterant, bodily fluid of another person, or bodily fluid expelled or withdrawn before collection for the test; required to report to DPS.

Title: Firearm Violence and Suicide Prevention Amendments

Currently:Senate/ comm rpt/ substituted Dated:3/5/2019

Sponsor: Eliason, Steve
Party: Republican
Floor: Bramble, Curtis S.
Party: Republican

Comments:

• "2/20: 1st sub adopted and passed out of House Law Enforcement and Criminal Justice Committee. 1st sub requires the Bureau of Criminal Identification, in conjunction with the Division of Substance Abuse and Mental Health, to: create a firearm safety and suicide prevention web-accessible video; and require an applicant seeking renewal of a concealed firearm permit to view the video before renewal. This bill requires the Division of Substance Abuse and Mental Health, in consultation with the Bureau of Criminal Identification, to implement and manage a firearm safety program and a suicide prevention education program by: producing a firearm safety brochure and firearm safety packet; procuring cable-style gun locks; distributing firearm safety packets; administering a program in which a Utah resident who has filed an application for a concealed firearm permit receives a redeemable coupon toward the purchase of a firearm safe and receives a firearm safety brochure; and creating a suicide prevention education course; creates a restricted account known as the Firearm Safety Account; modifies the administration of a grant program to provide suicide prevention education opportunities for firearm dealers; and requires a federal firearm dealer to provide a cable-style gun lock supplied by the Division of Substance Abuse and Mental Health to an individual purchasing a certain firearm. "

Title: Firearm Violence and Suicide Prevention Amendments

Currently:Governor Signed Dated:3/28/2019

Sponsor: Eliason, Steve
Party: Republican
Floor: Bramble, Curtis S.
Party: Republican

Comments:

• 3/4: 2nd sub adopted and passed out of Senate Judiciary, Law Enforcement, and Criminal Justice Committee This bill requires the Division of Substance Abuse and Mental Health, in consultation with the Bureau of Criminal Identification, to implement and manage a firearm safety program and a suicide prevention education program by: producing a firearm safety brochure and firearm safety packet; procuring cable-style gun locks; distributing firearm safety packets; administering a program in which a Utah resident who has filed an application for a concealed firearm permit receives a redeemable coupon toward the purchase of a firearm safe and receives a firearm safety brochure; and creating a suicide prevention education course; creates a restricted account known as the Firearm Safety Account; modifies the administration of a grant program to provide suicide prevention education opportunities for firearm dealers; and requires a federal firearm dealer to provide a cable-style gun lock supplied by the Division of Substance Abuse and Mental Health to an individual purchasing a certain firearm.

Title: Pretrial Release Amendments

Currently:Governor Signed Dated:3/25/2019

Sponsor: Romero, Angela
Party: Democratic
Floor: Weiler, Todd
Party: Republican

Comments:

• This bill addresses the right to bail involving qualifying offenses; modifies terms related to jail release agreements and jail release court orders; addresses conditions for release after arrest for domestic violence and other offenses; amends provisions related to dismissal of certain offenses; addresses contents of pretrial protective orders; repeals language regarding privileged communications; and makes technical and conforming changes.

Title: Human Trafficking Amendments

Currently:Governor Signed Dated:3/21/2019

Sponsor: Romero, Angela
Party: Democratic
Floor: Anderegg, Jacob L.
Party: Republican

Comments:

• 2018 General Session. H.B. 334, “Human Trafficking Amendments” [bill did NOT pass, CCJJ supported in concept]. This bill clarifies that human trafficking of a child is an offense for which no statute of limitations applies; clarifies that those who knowingly benefit from human trafficking of a child can be charged as perpetrators; clarifies that victims of human trafficking may pursue civil actions against anyone who knowingly benefitted from the trafficking; replaces references to "children engaged in prostitution" with "children engaged in commercial sex"; directs law enforcement to investigate possible human trafficking of a child when they encounter a child engaged in commercial sex; and creates a first degree felony offense for trafficking a vulnerable adult.

Title: Offender Supervision Amendments

Currently:Governor Signed Dated:3/21/2019

Sponsor: Ray, Paul
Party: Republican
Floor: Mayne, Karen
Party: Democratic

Comments:

• This bill amends provisions relating to the preparation of a presentence investigation report; removes provisions requiring a POST certified Department of Corrections employee to provide investigative services; and provides that a Department of Corrections employee who is trained to prepare a presentence investigation report may prepare a report for the courts, the department, or the Board of Pardons and Parole.

Title: Presentence Investigation and Probation Report Amendments

Currently:Governor Signed Dated:3/21/2019

Sponsor: Hutchings, Eric K.
Party: Republican
Floor: Thatcher, Daniel W.
Party: Republican

Comments:

• 2018 General Session. H.B. 440, “Presentence Investigation and Probation Report Amendments” [bill did NOT pass, CCJJ Priority Bill]. Allows the Department of Corrections to provide a copy of a defendant's presentence investigation report to a sex offender treatment provider working with the defendant; and provides that an unsworn declaration may be used to report a probation violation.

Title: Gambling Machines Amendments

Currently:Governor Signed Dated:3/25/2019

Sponsor: McKell, Michael K.
Party: Republican
Floor: Weiler, Todd
Party: Republican

Comments:

• 2018 General Session, H.B. 225, “Gambling Amendments” [did not pass, CCJJ supported]. Sen. Weiler presented language from a draft bill that clarifies language on gambling machines. The issue of gambling programs originated from Bountiful Police, who reached out to Sen. Weiler. Interim: PASSED AS COMMITTEE BILL with the exception of Rep. Green and Rep. Roberts voting nay. Fiscal Note: $0. 1/30 Passed out of House Business and Labor Committee. 2/6: Amended (18 year age limit to use these devices) and Passed out of Senate Judiciary, Law Enforcement, and Criminal Justice Committee. 2/14: Amended on Senate Floor to change value from $5 to $50. 2/21: senate floor refuses to recede. 2/22: conference committee and adopted 1st sub that changed $5 to $10 and require electronic visual warning on the machines.

Title: Bureau of Criminal Identification Reporting Amendments

Currently:Governor Signed Dated:3/21/2019

Sponsor: Ward, Raymond P.
Party: Republican
Floor: Ipson, Don L.
Party: Republican

Comments:

• This bill requires the clerk of the district court to report information on individuals mentally unfit to purchase firearms to the Bureau of Criminal Identification (BCI); requires the BCI to submit information reported by the courts on individuals mentally unfit to purchase firearms to the National Instant Criminal Background Check System; requires the clerk of the district court to report information on individuals subject to a protective order to the BCI; and requires the BCI to submit information reported by the courts on individuals subject to a protective order to the National Crime Information Center. The bill creates a definition of “mental defective” as “an individual who, by a court, board, commission, or other lawful authority is found: to be a danger to himself or others; to lack the mental capacity to contract or manage the individual’s own affairs; to be incompetent by a court in a criminal case; or to be incompetent to stand trial or found not guilty by reason or lack of mental responsibility”.

Title: Amendments to Criminal Provisions

Currently:Governor Signed Dated:3/25/2019

Sponsor: Ray, Paul
Party: Republican
Floor: Mayne, Karen
Party: Democratic

Comments:

• This bill modifies criminal offenses and penalties in the Utah Code; modifies the definition of “health professional” (adds “athletic trainer”) as the term relates to certain sexual offenses; modifies certain criminal offenses and penalties relating to: dealing in material harmful to minors between a young adult and adolescent; obstruction of alcoholic beverage control investigations (changes penalty from a second degree felony to a class A misdemeanor); registration as a sex offender; rendering a dead body unavailable for postmortem investigation; repeated violations of the Minimum Wage Act; and theft; repeals the criminal offenses of adultery and sodomy; and provides immunity from prosecution for the offenses of prostitution and sexual solicitation under certain circumstances.

Title: Occupational Restriction Amendments

Currently:House/ filed Dated:3/14/2019

Sponsor: Thurston, Norman K.
Party: Republican
Floor: Bramble, Curtis S.
Party: Republican

Comments:

• This bill allows an employee of a restaurant licensee who is at least 18 years of age to inform a patron of the availability of an alcoholic product for purchase; and take a patron's order for an alcoholic product; and makes technical and conforming changes.

Title: Victim Communications Amendments

Currently:House/ substituted Dated:2/28/2019

Sponsor: Snow, V. Lowry
Party: Republican
Floor: Weiler, Todd
Party: Republican

Comments:

• This bill enacts the Privileged Communications with Victim Advocates Act, including: a criminal justice system victim advocate may not disclose communications with a victim, including communications in a group therapy session, except: (i) that the criminal justice system victim advocate shall provide the communications to a prosecutor who is responsible for determining whether the communications are exculpatory or go to the credibility of a witness; (ii) that a victim advocate may provide the confidential communication to a law enforcement officer, health care provider, mental health therapist, domestic violence shelter employee, or member of a multidisciplinary team assembled by a Children's Justice Center or a law enforcement agency for the purpose of providing advocacy services; (iii) to the extent allowed by the Utah Rules of Evidence. If a prosecutor determines that the communication is exculpatory or goes to the credibility of a witness, after giving notice to the victim and the defense attorney and an opportunity to be heard as part of the in camera process, the prosecutor will present the communication to the court for in camera review pursuant to the Utah Rules of Evidence. Community based = full confidentiality, System based = weighing. The Victim Advocate Confidentiality Task Force recommended this bill. The courts is going to work with the sponsor on this bill. "

Title: Victim Communications Amendments

Currently:Governor Signed Dated:3/27/2019

Sponsor: Snow, V. Lowry
Party: Republican
Floor: Weiler, Todd
Party: Republican

Comments:

• 2/28: 2nd sub adopted and passed out of house floor. 2nd sub: This bill enacts the Privileged Communications with Victim Advocates Act, including: a criminal justice system victim advocate may not disclose communications with a victim, including communications in a group therapy session, except: (i) that the criminal justice system victim advocate shall provide the communications to a prosecutor who is responsible for determining whether the communications are exculpatory or go to the credibility of a witness; (ii) that a victim advocate may provide the confidential communication to a law enforcement officer, health care provider, mental health therapist, domestic violence shelter employee, or member of a multidisciplinary team assembled by a Children's Justice Center or a law enforcement agency for the purpose of providing advocacy services; (iii) to the extent allowed by the Utah Rules of Evidence. If a prosecutor determines that the confidential communication is exculpatory or goes to the credibility of a witness, after the court notifies the victim and the defense attorney of the opportunity to be heard at an in camera review, the prosecutor will present the confidential communication to the victim, defense attorney, and the court for in camera review in accordance with the Utah Rules of Evidence.

Title: Electronic Information or Data Privacy

Currently:Governor Signed Dated:3/27/2019

Sponsor: Hall, Craig
Party: Republican
Floor: Weiler, Todd
Party: Republican

Comments:

• Amends provisions related to privacy of electronic information or data. Libertas Institute: third party data are protected from warrants. 3/4 CCJJ: Working with Libertas to adjust language on transmission. 3/4: 5th sub adopted and passed out of Senate Judiciary, Law Enforcement, and Criminal Justice Committee, made sure it does not impact provisions of grama and does not impact on employers network. worked with aclu, libertas, law enforcement, the ags office, dps, higher education, utah tourism, tech companies, gov officer, everyone. underlying law will require a warrant if it was transmitted data, so sub defined transmission of data, tweaked information on location, points to federal law for additional preemptions.

Title: Overdose and Suicide Fatality Review Amendments

Currently:House/ filed Dated:3/14/2019

Sponsor: Eliason, Steve
Party: Republican
Floor: Vickers, Evan J.
Party: Republican

Comments:

• Passed 1st sub out of HHSC: Adjusts language and adds in suicide. Amended in HHSC for fiscal impact. Creates a new position in the Office of the Medical Examiner and creates the Opioid and Overdose Fatality Review Committee.

Title: Correctional and Peace Officer Amendments

Currently:Governor Signed Dated:3/21/2019

Sponsor: Ray, Paul
Party: Republican
Floor: Christensen, Allen M.
Party: Republican

Comments:

• 2018 General Session, H.B. 477, “Correctional and Peace Officer Amendments” [bill did NOT pass, CCJJ supported]. This bill increases the penalty (from class A to 3rd degree felony) for assault committed by a prisoner against an officer, or an employee or volunteer, including a health care provider, when the prisoner propels a substance or object at the officer, employee, or volunteer and causes substantial bodily injury.

Title: Community Reinvestment Agency Modifications

Currently:House/ filed Dated:3/14/2019

Sponsor: Coleman, Kim F.
Party: Republican

Comments:

• This bill removes provisions that prevented the creation of an economic development project area after 2016; allows an economic development project area to receive tax increment through an interlocal agreement between a taxing entity and the agency; addresses measurement of the project area funds collection period; requires a community that creates an agency having a housing allocation from tax increment to create an affordable housing plan; allows an agency to use the agency's housing allocation to implement the affordable housing plan; requires a description of how an agency used the agency's housing allocation in the agency's annual budget report; imposes certain requirements on jobs that will be created for post-performance distribution; for urban renewal project areas, removes the option to reduce the agency's housing allocation; and requires an agency to start distributing the agency's housing allocation held from project areas created in the past

Title: Open Meetings Amendments

Currently:House/ filed Dated:3/14/2019

Sponsor: Handy, Stephen G.
Party: Republican
Floor: Weiler, Todd
Party: Republican

Comments:

• This bill modifies the purposes for which a closed meeting may be held to include the purpose of discussing a protected audit report that requires the public body's signed response.

Title: Sex Offender Registry Amendments

Currently:Governor Signed Dated:3/27/2019

Sponsor: Ivory, Ken
Party: Republican
Floor: Escamilla, Luz
Party: Democratic

Comments:

• 3/12: Senate floor - sen weiler (reduces the offense level for an individual who is under 21 years old and who commits the crime of unlawful sexual activity with a minor; provides that an individual who is under 21 years old and who commits the crime of unlawful sexual activity with a minor does not have to register as a sex offender) Sen Escamilla moved to circle, adopted 1st sub, no discussion, passes unanimously, returned to the house for concurrence.

Title: Restaurant Proximity Amendments

Currently:House/ filed Dated:3/14/2019

Sponsor: Winder, Mike
Party: Republican
Floor: Bramble, Curtis S.
Party: Republican

Comments:

• This bill amends provisions of the Alcoholic Beverage Control Act by modifying the method for measuring the distance between a proposed restaurant licensee and a community location that is a public or private school, church, or public library. The bill changes the measurement from “within 200 feet of the proposed restaurant, measured in a straight line from the nearest patron entrance of the proposed restaurant to the nearest property boundary” of the school, church, or public library to “within 200 feet of the proposed restaurant, measured in a straight line from the nearest patron entrance of the proposed restaurant to the nearest edge of the primary building” of the school, church, or public library.

Title: Aggravated Kidnapping Amendments

Currently:Governor Signed Dated:3/22/2019

Sponsor: Snow, V. Lowry
Party: Republican
Floor: Thatcher, Daniel W.
Party: Republican

Comments:

• 2018 General Session, H.B. 287, third sub, "Aggravated Kidnapping Amendments", [did not pass, CCJJ supported in concept]. Clarifies that aggravated kidnapping as an enhancement of unlawful detention is a lesser penalty than aggravated kidnapping as an enhancement of kidnapping.

Title: Safe Storage of Firearms Amendments

Currently:House/ filed Dated:3/14/2019

Sponsor: Weight, Elizabeth
Party: Democratic

Comments:

• 2/20: 1st sub adopted and tabled House Law Enforcement and Criminal Justice Committee. This bill makes it a criminal offense (class B misdemeanor) if a firearm is stored in a place that the firearm owner knows or has reason to believe a minor or person legally restricted from possessing a firearm has access and a person is injured by a minor or restricted person using the firearm; and requires a firearm dealer to post written notice of possible prosecution for negligent storage of a firearm as follows: “An Adult May Be Prosecuted For Leaving A Firearm In A Place Easily Accessible By A Minor. A Firearm Should Be Secured With A Locking Device Or Stored In A Locked Container Or Location.”; and provides a penalty (class C misdemeanor) for failure to post the notice. LELC 01/28: How would this impact law enforcement officers. Fiscal Note: $0.

Title: Occupational Licensing Modifications

Currently:Governor Signed Dated:3/25/2019

Sponsor: Hutchings, Eric K.
Party: Republican
Floor: Mayne, Karen
Party: Democratic

Comments:

• 2/28: 2nd sub adopted and passed out on house floor. 2nd sub modifies the definition of unprofessional conduct. This bill provides for an individual with a criminal conviction to apply to the Division of Occupational and Professional Licensing for a determination of whether the individual's criminal history would disqualify the individual from receiving a specific occupational or professional license if all other requirements were met; describes the contents of such an application; and describes DOPL's responsibilities in responding to such an application. Fiscal Note: Enactment of this legislation could increase Commerce Service Fund revenue by $22,800 annually beginning in FY 2020 as a result of the fees in the bill.

Title: Violence Data Study

Currently:House/ filed Dated:3/14/2019

Sponsor: Pulsipher, Susan
Party: Republican

Comments:

• This bill requires the state suicide prevention coordinator to award a grant to conduct a comprehensive violence data study that will consider all forms of violence including domestic violence, violence in schools, suicide, and rampage violence; requires the suicide prevention coordinator and the recipient of the grant award to submit a report, including proposed legislation and recommendations, to the Health and Human Services Interim Committee before October 1, 2021; and appropriates $100,000, one-time, to the Division of Substance Abuse and Mental Health.

Title: Weapons Restrictions Amendments

Currently:Governor Signed Dated:3/29/2019

Sponsor: Thurston, Norman K.
Party: Republican
Floor: Anderegg, Jacob L.
Party: Republican

Comments:

• 2018 General Session, H.B. 328, "Weapons Restrictions Amendments", [did not pass, CCJJ opposed stating, "The risk for a situation to escalate is too high for someone carrying concealed and using alcohol"]. This bill eliminates the current exemption that allows a peace officer to carry a dangerous weapon while intoxicated; clarifies that carrying a dangerous weapon that is securely encased or not readily available is not prohibited; modifies the law to respect an individual's constitutional right to self defense; and provides an exception for an individual who carries a dangerous weapon on private property with the consent of the owner.

Title: Sexual Violence Protective Orders

Currently:Governor Signed Dated:3/27/2019

Sponsor: Snow, V. Lowry
Party: Republican
Floor: Bramble, Curtis S.
Party: Republican

Comments:

• 2/15: 3rd sub adopted and passed out of House Judiciary Committee. Brought it down to 1 year. This bill creates a sexual violence protective order and an ex parte sexual violence protective order; establishes procedures for the application of certain protective orders, modification of those orders, and enforcement of those orders; and requires that a sexual violence protective order be placed on the statewide warrant system.

Title: Private Counselors Amendments

Currently:Governor Signed Dated:3/22/2019

Sponsor: Watkins, Christine F
Party: Republican
Floor: Harper, Wayne A.
Party: Republican

Comments:

• 02/01: Adopted and passed 1st sub out of House Economic Development and Workforce Services Committee. The 1st sub expands across the board, not just 3rd to 6th class counties. JRI certification - Rep. Watkins said there are a lot of people waiting to seek treatment in the rural areas because there are limited JRI certified treatment places. This bill modifies the authority of the Division of Substance Abuse and Mental Health to establish requirements and procedures for certification of a practitioner, provider, or facility that provides mental health treatment to certain individuals; provides that the Division of Substance Abuse and Mental Health may not require additional licensure for a private mental health therapist before the therapist may provide mental health and substance use disorder services to individuals who are incarcerated or who are required to participate in treatment by a court or the Board of Pardons and Parole.

Title: Medical Cannabis Modifications

Currently:House/ filed Dated:3/14/2019

Sponsor: Judkins, Marsha
Party: Republican

Comments:

• This bill amends the list of qualifying conditions for medical cannabis recommendations- adds “autoimmune disorder.”

Title: Human Trafficking Revisions

Currently:Governor Signed Dated:3/25/2019

Sponsor: Romero, Angela
Party: Democratic
Floor: Harper, Wayne A.
Party: Republican

Comments:

• 2018 General Session, H.B. 334, "Human Trafficking Amendments", [did not pass, CCJJ supported in concept]. This bill provides that children engaged in commercial sex or sexual solicitation should be treated as victims; requires law enforcement officers who encounter a child engaged in commercial sex or sexual solicitation to conduct an investigation into whether the child is being trafficked; incorporates human trafficking of a child into the racketeering statute; and creates a pathway for human trafficking victims to have adjudications for crimes committed while being trafficked vacated.

Title: Expungement Modifications

Currently:House/ filed Dated:3/14/2019

Sponsor: Stoddard, Andrew
Party: Democratic

Comments:

• This bill limits an individual's eligibility for expungement of a domestic violence offense under certain circumstances. Prohibits DV defendants from expunging a plea in abeyance while it can be used to enhance a subsequent offense. Fiscal Note: $0. 2/12: 2nd sub adopted and passed out of House Judiciary: delinking DV cases but no expungement on dv cases for 5 years - a fixed time.

Title: Self-defense Amendments

Currently:Governor Signed Dated:3/25/2019

Sponsor: Maloy, A. Cory
Party: Republican
Floor: Hinkins, David P.
Party: Republican

Comments:

• 2018 General Session, H.B. 129, "Self Defense Amendments", [did not pass]. This bill provides that an individual is not required to retreat from an aggressor even if there is a safe place to which the individual can retreat; provides that an individual's failure to retreat is not relevant when determining whether the individual acted reasonably.

Title: Limitations on Family Services

Currently:House/ filed Dated:3/14/2019

Sponsor: Watkins, Christine F
Party: Republican

Comments:

• This bill prohibits the Division of Child and Family Services from providing certain voluntary in-home services for the preservation of families when the health and safety of the child is not immediately endangered; and requires the Division of Child and Family Services to provide a referral to a family seeking voluntary in-home services (the Division shall maintain a statewide inventory of in-home services available through public and private agencies or individuals for use by caseworkers).

Title: Student and School Safety Assessment

Currently:Senate/ substituted Dated:3/13/2019

Sponsor: Ward, Raymond P.
Party: Republican
Floor: Millner, Ann
Party: Republican

Comments:

• 3/7: 5th sub adopted and passed out of Senate Education Committee: 5th sub removes the threat assessment teams and the data sharing portion. leaves the part for usbe to develop. This bill provides that, under certain circumstances, a private entity that conducts an assessment of an individual to determine if substance use disorder treatment is necessary may not also provide substance use disorder treatment to the individual; creates the State Safety and Support Program; requires the Board to develop model policies and procedures for student safety and support.

Title: Occupational and Professional Licensing Amendments

Currently:Governor Signed Dated:3/22/2019

Sponsor: Kwan, Karen
Party: Democratic
Floor: Hinkins, David P.
Party: Republican

Comments:

• This bill allows DOPL to offer required examinations in languages in addition to English.

Title: Domestic Violence Enhancement Amendments

Currently:Governor Signed Dated:3/27/2019

Sponsor: Pitcher, Stephanie
Party: Democratic
Floor: Mayne, Karen
Party: Democratic

Comments:

• This bill extends the duration between domestic violence offenses (from 5 to 10 years) for purposes of applying a penalty enhancement. 2/25 House 3rd reading: 2nd sub adopted and passed. 2nd sub: that is not a criminal mischief offense, left at 5 years but the rest to 10 years.

Title: Motor Vehicle Emissions Amendments

Currently:Governor Signed Dated:3/29/2019

Sponsor: Romero, Angela
Party: Democratic
Floor: Escamilla, Luz
Party: Democratic

Comments:

• 2018 General Session, H.B. 171, 1st sub, "Motor Vehicle Emissions Amendments", [did not pass, CCJJ supported]. This bill requires a law enforcement agency to report repeat offenders of emission standards to the local health department; requires the local health department to report repeat offenders of emission standards to the Motor Vehicle Division. LELC 01/28: who will be responsible for tracking this? Fiscal Note: $0 2/8: Passed out of House Transportation Committee. 2/11 LELC: spoke with the sponsor to remove the change that would require law enforcement to report. 2/8: Passed out of House Transportation Committee. 2/21: 1st sub adopted and passed House floor. 1st sub shifted the requirement of reporting from law enforcement to the courts.

Title: Aggravated Sexual Exploitation of a Minor

Currently:House/ filed Dated:3/14/2019

Sponsor: Ray, Paul
Party: Republican
Floor: Ipson, Don L.
Party: Republican

Comments:

• 2018 General Session, H.B. 476, "Aggravated Sexual Exploitation of a Minor" [did not pass, CCJJ supported in concept]. This bill increases the penalty (second to first degree felony) for sexual exploitation of a minor when the offense is committed by a family member or an individual in a position of special trust in relation to the minor, or against an infant or toddler. Sexual exploitation of a minor is a first degree felony which may be punishable by a term of imprisonment of not less than three years and which may be for life if: (i) the person knowingly produces child pornography; (ii) the person is the minor's family member, legal guardian, or holds a position of special trust, (iii) has been convicted of a prior sexual offense OR (iv) the offense involved a visual depiction of: (A) an infant or toddler; or (B) material that portrays violence, bestiality, or sadistic or masochistic activity.

Title: Citizen Political Process Amendments

Currently:Senate/ substituted Dated:3/12/2019

Sponsor: Thurston, Norman K.
Party: Republican
Floor: Bramble, Curtis S.
Party: Republican

Comments:

• This bill makes it a crime (class A misdemeanor) to knowingly place or verify a false signature date on an initiative or referendum signature packet; makes it a crime (class A misdemeanor) for a person to pay or accept payment in exchange for a person signing a referendum petition or removing a person's signature from a referendum petition. Fiscal Note: $11,200 (one time). It's already a class A to put false info on a ballot initiative, this adds signature and date. 3/4: 2nd sub adopted on House Floor.

Title: Traffic Flow Amendments

Currently:House/ filed Dated:3/14/2019

Sponsor: Ivory, Ken
Party: Republican
Floor: Anderegg, Jacob L.
Party: Republican

Comments:

• This bill provides an affirmative defense to a violation for running a red light to an individual who proceeds through a red light after coming to a complete stop for at least 90 seconds and reasonably determining that: (1) the traffic-control signal has not detected the individual's presence; (2) no other vehicle is approaching the intersection; and (3) no other safety hazard exists

Title: Voluntary Commitment of a Firearm Amendments

Currently:Governor Signed Dated:3/27/2019

Sponsor: Maloy, A. Cory
Party: Republican
Floor: Millner, Ann
Party: Republican

Comments:

• This bill defines "owner cohabitant" as anyone living in the home with an ownership interest in the firearm. An owner cohabitant may voluntarily commit a firearm to a law enforcement agency for safekeeping if the owner cohabitant believes that the owner cohabitant or another cohabitant with access to the firearm is an immediate threat to: (i) himself or herself; (ii) the owner cohabitant; or (iii) any other person.

Title: Mental Health Protections for First Responders

Currently:Governor Signed Dated:3/22/2019

Sponsor: Kwan, Karen
Party: Democratic
Floor: Mayne, Karen
Party: Democratic

Comments:

• This bill defines "first responder" as (law enforcement officer, emergency medical technician, advanced emergency medical technician, a paramedic, a firefighter, a dispatcher, a correctional officer); establishes a temporary working group to study a first responder's workers' compensation claim due to mental stress.

Title: Search Amendments

Currently:Governor Signed Dated:3/29/2019

Sponsor: Coleman, Kim F.
Party: Republican
Floor: Thatcher, Daniel W.
Party: Republican

Comments:

• This bill defines “arrestee” as individual who is in the custody of law enforcement for an offense for which the individual has not been convicted; describes the circumstances under which a physical body cavity search of an arrestee is permitted; and establishes requirements for the conduct of a physical body cavity search of an arrestee. ACLU supports this. 2nd sub: narrows to county jails that shall adopt and implement a policy that meets the minimum standards contained in a model policy established by the Utah Substance Abuse Advisory Council (SB 20 from 2018 session). 2/22: 2nd sub adopted and passed out of House Law Enforcement and Criminal Justice Committee

Title: Cyclist Traffic Amendments

Currently:House/ filed Dated:3/14/2019

Sponsor: Moss, Carol Spackman
Party: Democratic
Floor: Weiler, Todd
Party: Republican

Comments:

• 2018 General Session 1st Sub. H.B. 58, "Traffic Control Signs for Bicycles" [bill did NOT pass, CCJJ opposed stating, "May create more risky behavior from cyclists; difficult to determine “immediate hazard.”] This bill provides that a cyclist can cautiously make a turn or proceed through the intersection without stopping at intersections, highways below 35 miles, and red signals if the individual determines there is no immediate hazard.

Title: Offenses Against the Administration of Government Amendments

Currently:Governor Signed Dated:3/25/2019

Sponsor: Hall, Craig
Party: Republican
Floor: Weiler, Todd
Party: Republican

Comments:

• 2/14: 2nd sub adopted made changes after working with the gov general counsel and attorney general. This bill make it unlawful for a public servant to appropriate public money or public property to the public servant's own use or benefit or to the use or benefit of another without authority of law - third degree felony. But second degree felony if the value of the public money or public property exceeds $5,000; the amount of the false account exceeds $5,000; the amount falsely entered exceeds $5,000; the amount that is the difference between the original amount and the fraudulently altered amount exceeds $5,000; or the amount falsely erased, fraudulently concealed, destroyed, or falsified in the account exceeds $5,000.

Title: Substance Abuse Disorder Treatment Amendments

Currently:House/ filed Dated:3/14/2019

Sponsor: Dailey-Provost, Jennifer
Party: Democratic

Comments:

• This bill exempts a prescriber from the requirement to check the controlled substance database when prescribing buprenorphine to a patient.

Title: 911 Responsibilities in an Emergency

Currently:House/ filed Dated:3/14/2019

Sponsor: King, Brian S.
Party: Democratic

Comments:

• 2/8: 2nd sub adopted and passed out of House Judiciary Committee - addresses civil liability issues. 2018 General Session 1st Sub. H.B. 125, "Duty to Assist in an Emergency" [did not pass, CCJJ held it]. This bill makes it a class B misdemeanor to fail to contact emergency services in the event of a crime or another emergency subject to certain exceptions; prohibits a prosecutor from basing charges for commission of an offense other than the offense created in this bill on an individual's failure to contact emergency services; amends provisions of the Good Samaritan Act to provide immunity from liability to an individual who contacts emergency services in accordance with the requirements of this bill.

Title: Psychiatry Medical Residents Amendments

Currently:Governor Signed Dated:3/28/2019

Sponsor: Eliason, Steve
Party: Republican
Floor: Okerlund, Ralph
Party: Republican

Comments:

• 2/6: Passed out of House Health and Human Services Committee. This bill requires the University of Utah Health Sciences to select additional psychiatry residents (up to 4 more). Fiscal Note: The bill makes the addition of the residents subject to appropriation, but the impact for implementation would be $400,000 per year.

Title: Road Closure Amendments

Currently:Governor Signed Dated:3/26/2019

Sponsor: Lyman, Phil
Party: Republican
Floor: Hinkins, David P.
Party: Republican

Comments:

• This bill makes closing a road under certain conditions a class C misdemeanor (exceptions: special events, due process, construction/emergencies, equivalent access).

Title: Tax Credit Amendments

Currently:Governor Signed Dated:4/2/2019

Sponsor: King, Brian S.
Party: Democratic
Floor: Mayne, Karen
Party: Democratic

Comments:

• The bill expands the definition of “person who is homeless” (currently “an individual whose primary nighttime residence is a permanent housing, permanent supportive, or transitional facility”) to include: “a public or private place not designated for or ordinarily used as a regular sleeping accommodation for an individual, including a car, park, abandoned building, bus station, train station, airport, or camping ground; or a publicly or privately operated shelter designated to provide temporary living arrangements, including a permanent housing, permanent supportive, or transitional facility." Fiscal Note: $30,000 (ongoing).

Title: Opioid Prescription Regulation Amendments

Currently:Governor Signed Dated:3/22/2019

Sponsor: Ward, Raymond P.
Party: Republican
Floor: Bramble, Curtis S.
Party: Republican

Comments:

• 2/20: 2nd sub adopted and passed House Floor. 2nd sub makes certain records protected under GRAMA. 2/6: 1st sub adopted and passed House Health and Human Services Committee. This bill permits the Division of Occupational and Professional Licensing to consult with prescribers and health care systems on best practices with respect to prescribing controlled substances; and requires the division to take certain steps after it receives a report from a medical examiner relating to a death by poisoning or overdose. a self reflective process by the drs and DOPL. the only protection is GRAMA. malpractice a concern?

Title: Theft Amendments

Currently:House/ filed Dated:3/14/2019

Sponsor: Shurtliff, Lawanna
Party: Democratic

Comments:

• 2/22: 1st sub adopted and passed out of House Law Enforcement and Criminal Justice Committee. This bill provides that the fifth conviction for theft is a third degree felony, if each prior offense was committed within 10 years of the date of the current conviction or the date of the offense upon which the current conviction is based and the value of the property stolen is or exceeds $100 but is less than $1,500. Shoplifter will be a felony offense on fourth offense.

Title: Controlled Substance Abuse Amendments

Currently:Governor Signed Dated:3/22/2019

Sponsor: Eliason, Steve
Party: Republican
Floor: Vickers, Evan J.
Party: Republican

Comments:

• This bill requires a prescriber to discuss the risks of using an opiate with a patient or the patient's guardian before issuing an initial opiate prescription.

Title: Statute of Limitations Amendments

Currently:Governor Signed Dated:3/25/2019

Sponsor: Arent, Patrice M.
Party: Democratic
Floor: Weiler, Todd
Party: Republican

Comments:

• Time limitations for prosecution of offenses -- Provisions if DNA evidence would identify the defendant -- Commencement of prosecution. Under current law, if the statute of limitations has run out, but identification of a perpetrator is made through DNA, the law initiates a new 12-month window to file charges. This bill will clarify that the person making the identification that starts the timer is an investigating officer and will extend the statute of limitations to four years.

Title: Homeless Shelter Funding Revisions

Currently:Governor Signed Dated:3/21/2019

Sponsor: Chew, Scott H.
Party: Republican
Floor: Winterton, Ronald
Party: Republican

Comments:

• This bill modifies definitions of "homeless shelter" by providing a lower bed requirement for a county of the first or second class, at least 50 individuals per night; or for a county of the third, fourth, fifth, or sixth class, at least 25 individuals per night.

Title: Extreme Risk Protective Order

Currently:House/ filed Dated:3/14/2019

Sponsor: Handy, Stephen G.
Party: Republican

Comments:

• This bill enables a family member or law enforcement to ask a court to restrain a person from possessing any firearms or ammunition for a specified length of time; requires that the court consider whether the respondent: has made recent threats or acted violently; violated a recent protective order; has demonstrated a pattern of violent acts or threats within the past 12 months; is dangerous; or has attempted or threatened self harm; allows a court to issue a search warrant if a respondent refuses to surrender firearms and ammunition upon service of an order; requires the courts to enter the respondent's information into the national crime information center system upon issuance, and to remove the information upon expiration; allows the respondent to surrender firearms and ammunition to a law enforcement agency or a federal firearms licensee; requires the director of POST to create and implement training and materials; and requires the courts to create and distribute an annual report on extreme risk protective orders.

Title: Medicaid Expansion Program Revisions

Currently:House/ filed Dated:3/14/2019

Sponsor: Ward, Raymond P.
Party: Republican

Comments:

• This bill removes the requirement that reimbursements for Medicaid providers increase annually at a certain rate; makes changes to the Inpatient Hospital Assessment and the Medicaid Expansion Hospital Assessment; permits funds from the Medicaid Expansion Fund to be used for the Medicaid expansion to the full optional population under the Affordable Care Act; amends provisions relating to the state sales tax.

Title: Expungement Changes

Currently:Governor Signed Dated:3/27/2019

Sponsor: Barlow, Stewart E.
Party: Republican
Floor: Iwamoto, Jani
Party: Democratic

Comments:

• 2/5: Adopted 1st sub and passed out of House Economic Development and Workforce Services Committee. This bill prohibits employer inquiry into an applicant's expunged criminal history, except in certain circumstances. An applicant may answer a question related to an expunged criminal record as though the action underlying the expunged criminal record never occurred. Fiscal Note: $0

Title: Office for Victims of Crime Amendments

Currently:Governor Signed Dated:3/26/2019

Sponsor: Andersen, Kyle R.
Party: Republican
Floor: Buxton, David G.
Party: Republican

Comments:

• 2/15: 1st sub adopted and passed out of House Judiciary Committee: Worked with Office for Victims of Crime on sub. This bill adds bigamy to crimes for which a victim may be awarded reparations by the Office for Victims of Crime. Fiscal Note: Enactment of this bill could cost the Utah Office for Victims of Crime $3,500 ongoing beginning in FY 2020 from the Crime Victims Reparation Fund for primary victim reparations for relocation expenses and mental health counseling. Any secondary victims could also be eligible to receive up to $1,500 from the Crime Victims Reparation Fund for mental health counseling. The two coalitions to support people in getting out of polygamy worked on this bill.

Title: Silver Alert Program

Currently:Governor Signed Dated:3/21/2019

Sponsor: Perry, Lee B.
Party: Republican
Floor: Ipson, Don L.
Party: Republican

Comments:

• This bill defines "endangered adult" as a person 60 years of age or older with dementia; requires the Department of Public Safety to develop an alert system similar to the Amber Alert System for endangered adults; requires that the system utilize highway signage in the geographical area where the person went missing.

Title: Open Carry Near Schools Amendments

Currently:House/ filed Dated:3/14/2019

Sponsor: Briscoe, Joel K.
Party: Democratic

Comments:

• This bill prohibits carrying a dangerous weapon within 500 feet of an elementary or secondary school; makes an exception for having a dangerous weapon inside a business or residence that is within the 500 feet; exempts persons carrying a dangerous weapon to and from a business or residence and to or from a vehicle; and exempts a person in a vehicle who is dropping off children or school personnel.

Title: Unlawful Installation of a Tracking Device

Currently:Senate/ substituted Dated:3/14/2019

Sponsor: Poulson, Marie H.
Party: Democratic
Floor: Cullimore, Kirk A.
Party: Republican

Comments:

• This bill makes it a class A misdemeanor for a person or licensed private investigator to unlawfully install a tracking device. This does not apply to a peace officer, acting in the peace officer's official capacity, who installs a tracking device on a motor vehicle in the course of a criminal investigation or pursuant to a court order.

Title: Insanity Defense Amendments

Currently:House/ filed Dated:3/14/2019

Sponsor: Moss, Carol Spackman
Party: Democratic

Comments:

• This bill modifies the circumstances under which a defendant may plead not guilty to a criminal offense by reason of insanity; modifies provisions relating to supervision, assessment, and release of a defendant committed to the Department of Human Services after being found not guilty of a criminal offense by reason of insanity.

Title: Grand Jury Process Revisions

Currently:House/ filed Dated:3/14/2019

Sponsor: Nelson, Merrill F.
Party: Republican

Comments:

• This bill replaces a single panel of judges with the appointment of a panel of judges in each judicial district to consider requests for a grand jury within the district; outlines the duties of a managing judge; provides circumstances that qualify as good cause to summon a grand jury; addresses the requirement of a prosecutor to provide an indicted defendant with a transcript of testimony to the grand jury; requires a county or municipality to pay the expenses of a grand jury when one is summoned at the request of a county attorney, district attorney, or municipal attorney

Title: Marriage License Fees Amendments

Currently:House/ filed Dated:3/14/2019

Sponsor: Romero, Angela
Party: Democratic

Comments:

• This bill increases an additional amount added to a marriage license fee to provide funding for the operation of shelters for victims of domestic violence.

Title: Domestic Violence Modifications

Currently:Governor Signed Dated:3/27/2019

Sponsor: Watkins, Christine F
Party: Republican
Floor: Hinkins, David P.
Party: Republican

Comments:

• This bill provides that certain criminal penalties for carrying a concealed firearm without a permit do not apply to a victim of domestic violence or dating violence, who is not otherwise prohibited from possessing a firearm, for a limited period after the day on which the victim is issued a protective order.

Title: Misdemeanor Sentencing Timeline Clarifications

Currently:Governor Signed Dated:3/25/2019

Sponsor: Hutchings, Eric K.
Party: Republican
Floor: Thatcher, Daniel W.
Party: Republican

Comments:

• This bill reduces the maximum incarceration time for a misdemeanor by one day to 364 days; and exempts from the reduction, the provision for persons serving a felony sentence in the Utah Prison.

Title: Drug Diversion Reporting Requirements

Currently:Governor Signed Dated:3/27/2019

Sponsor: Eliason, Steve
Party: Republican
Floor: Bramble, Curtis S.
Party: Republican

Comments:

• This bill makes it a class B misdemeanor to knowingly fail to report known or suspected drug diversion to law enforcement, unless reporting would violate HIPAA.

Title: Electronic Cigarette and Other Nicotine Product Amendments

Currently:House/ filed Dated:3/14/2019

Sponsor: Ray, Paul
Party: Republican
Floor: Christensen, Allen M.
Party: Republican

Comments:

• This bill provides criminal penalties for a sale or purchase of an electronic cigarette product, an alternative nicotine product, or a nontherapeutic nicotine product, in violation of Law. Does not change criminal penalties, only adds in electronic cigarette product, an alternative nicotine product, or a nontherapeutic nicotine product to list of tobacco products.

Title: Domestic Violence Response Amendments

Currently:House/ filed Dated:3/14/2019

Sponsor: Spendlove, Robert M.
Party: Republican

Comments:

• This bill clarifies the circumstances under which a court may require a defendant who is arrested for or charged with a domestic violence offense to participate in an electronic or another type of monitoring program; requires the Administrative Office of the Courts to report certain information to the Law Enforcement and Criminal Justice Interim Committee relating to electronic or other type of monitoring of a domestic violence defendant.

Title: Sexually Oriented Business License Amendments

Currently:Bill Substituted by Conference Committee Dated:3/14/2019

Sponsor: Stenquist, Jeffrey D.
Party: Republican
Floor: Weiler, Todd
Party: Republican

Comments:

• A business entity that conducts a sexually oriented business may not conduct business in a municipality if: (a) the municipality requires that a sexually oriented business obtain a license; and (b) the business entity has not obtained a license from the municipality. Sen Weiler amendment 5: left it class b, would clarify under 18 is not under violation, and also would not be double charged.

Title: Criminal Code Amendments

Currently:Governor Signed Dated:3/27/2019

Sponsor: McKell, Michael K.
Party: Republican
Floor: Bramble, Curtis S.
Party: Republican

Comments:

• 2/22: 1st sub adopted and passed out of House Law Enforcement and Criminal Justice Committee. This bill changes the intent provisions for the crime of distribution of an intimate image and indecent liberties from intent to cause emotional distress to knowing that the distribution would cause a reasonable person emotional distress. This sub provides that indecent liberties includes the touching of certain areas of the body or causing certain areas of the body to be touched; and adds particular offenses to provisions in which any touching is sufficient as an element of the offense.

Title: Retail Tobacco Business Amendments

Currently:House/ filed Dated:3/14/2019

Sponsor: Dailey-Provost, Jennifer
Party: Democratic
Floor: Vickers, Evan J.
Party: Republican

Comments:

• 3/8: 3rd sub adopted and passed out of Senate Business and Labor Committee. product from a lot of stakeholders, limit access to e-cigarettes, new bill puts in place for scanning for id. removed restriction on location selling.

Title: Contraception for Women Prisoners

Currently:House/ filed Dated:3/14/2019

Sponsor: Dailey-Provost, Jennifer
Party: Democratic

Comments:

• This bill provides that jails must provide women prisoners with the option of continuing any medically prescribed method of contraception.

Title: Prosecution Review Amendments

Currently:Governor Signed Dated:3/25/2019

Sponsor: Lisonbee, Karianne
Party: Republican
Floor: Cullimore, Kirk A.
Party: Republican

Comments:

• 2/20: 2nd sub adopted and passed out of House Judiciary Committee: 2nd sub de novo review instead of discretion. This bill authorizes the attorney general to prosecute any first degree felony that a district or county attorney declines or fails to prosecute.

Title: Sex Offense Amendments

Currently:Governor Signed Dated:3/22/2019

Sponsor: Ivory, Ken
Party: Republican
Floor: McCay, Daniel
Party: Republican

Comments:

• This bill expands the definition of "position of special trust" to a teacher, instructor, or teaching assistant at an institution of higher education; provides that sexual contact is without consent if the victim is over the age of 18 and the actor holds a position of special trust; requires that the actor have the ability to adversely affect the victim's livelihood (the victim's employment, educational opportunities, livelihood, access to health care, or ability to gain pay or promotion opportunities). 2/19: 1st sub adopted and passed out of House Education Committee - includes higher ed.

Title: Plea in Abeyance Amendments

Currently:House/ filed Dated:3/14/2019

Sponsor: Shurtliff, Lawanna
Party: Democratic

Comments:

• For a period of ten years, a plea of guilty or no contest, which is held in abeyance, is the equivalent of a conviction for purpose of the enhancement of a future offense, even if the charge has been subsequently reduced or dismissed in accordance with the plea in abeyance agreement.

Title: Offender Registry Amendments

Currently:Senate/ substituted Dated:3/12/2019

Sponsor: Dunnigan, James A.
Party: Republican
Floor: Hillyard, Lyle W.
Party: Republican

Comments:

• 3/1: 2nd sub second to first degree felony, romeo and juliet, aggravated sexual extortion of a child adds to the list. put sexual activity puts on par with touching a minor, offenders to change their name if it doesn't impact public, and the the driver license clean up. 4-2 Fiscal Note: $408,200 (ongoing), $476,800 (one time).

Title: Board of Pardons and Parole Amendments

Currently:Governor Signed Dated:3/22/2019

Sponsor: Hutchings, Eric K.
Party: Republican
Floor: Escamilla, Luz
Party: Democratic

Comments:

• This bill provides that timely notice of hearings be given to the offender; requires that the victim or victim's representative who requests to be notified of hearings provide current contact information to the board; and allows notification of hearings to county or district attorneys and law enforcement to be through the board's website.

Title: Hit and Run Amendments

Currently:Governor Signed Dated:3/27/2019

Sponsor: Eliason, Steve
Party: Republican
Floor: Cullimore, Kirk A.
Party: Republican

Comments:

• This bill changes the penalty for a hit and run offense from a class C misdemeanor to a class B misdemeanor if the operator has reason to believe that the operator may have been involved in an accident and fails to comply with the statutory requirements

Title: Homeless Resource Center Drug-free Zone

Currently:House/ filed Dated:3/14/2019

Sponsor: Eliason, Steve
Party: Republican
Floor: Weiler, Todd
Party: Republican

Comments:

• This bill adds a penalty enhancement for drug offenses committed on the grounds of a permanent housing, permanent supportive, or transitional facility [a person convicted under Subsection (4) is guilty of a first degree felony and shall be imprisoned for a term of not less than five years if the penalty that would otherwise have been established but for this Subsection (4) would have been a first degree felony. (ii) Imposition or execution of the sentence may not be suspended, and the person is not eligible for probation.] 2/27: 1st sub adopted and passed out. House Law Enforcement and Criminal Justice Committee: 1st sub only applies to the new homeless resource center. Amended to delete section 58-37a-5

Title: Inmate Restrictions Standards Amendments

Currently:Governor Signed Dated:3/27/2019

Sponsor: Pitcher, Stephanie
Party: Democratic
Floor: Anderegg, Jacob L.
Party: Republican

Comments:

• This bill provides that the least restrictive restraints are to be used on a pregnant inmate; requires that a correctional staff member individually review an inmate's situation before allowing restraints to be used on an inmate during labor, delivery, and postpartum recovery; prohibits the use of shackles or other restraints during labor and delivery; Requires the correctional staff member to document in a written record all decisions made regarding the use of restraints on a pregnant inmate; makes the record public with individually identifying information redacted; extends the requirements to county jails; and requires that specific information regarding inmate births be reported to the Commission on Criminal and Juvenile Justice for inclusion in the annual report.

Title: Tobacco Age Amendments

Currently:Senate/ substituted Dated:3/13/2019

Sponsor: Eliason, Steve
Party: Republican
Floor: Bramble, Curtis S.
Party: Republican

Comments:

• 2018 General Session, H.B. 296, "Tobacco Age Amendments", [did not pass, CCJJ beyond scope]. This bill tiers the minimum age for obtaining, possessing, using, providing, or furnishing of tobacco products, paraphernalia, and under certain circumstances, electronic smoking devices from 19 to 20 then to 21 years of age. 2nd sub puts it back to original bill, and allows local health authorities to make their own decisions.

Title: Domestic Violence -- Weapons Amendments

Currently:Governor Signed Dated:3/27/2019

Sponsor: King, Brian S.
Party: Democratic
Floor: Henderson, Deidre M.
Party: Republican

Comments:

• This bill requires a law enforcement agency to report the number of cases that involve an individual who is prohibited from purchasing, possessing, or transferring a firearm as a result of a conviction for an offense involving domestic violence; and of the cases:(A) the number of cases the law enforcement agency investigates; and (B) the number of cases the law enforcement agency investigates that result in a criminal charge.certain information to the Law Enforcement and Criminal Justice Interim Committee.

Title: School Information Systems Amendments

Currently:House/ filed Dated:3/14/2019

Sponsor: Ballard, Melissa G.
Party: Republican

Comments:

• This bill requires the State Board of Education (state board) to have in place by December 2022 a state information management system; requires a local education agency (LEA) data system to be fully compatible with the state information management system; requires the state board to implement in phases for full implementation by December 2028 an end-to-end state information management system; prohibits an LEA from using an LEA data system upon implementation of the end-to-end state information management system; requires the state board to establish data and reporting standards.

Title: Juvenile Justice Competency Revisions

Currently:Governor Signed Dated:3/27/2019

Sponsor: Hawkins, Jon
Party: Republican
Floor: Henderson, Deidre M.
Party: Republican

Comments:

• This bill amends competency evaluations of minors. In a case alleging that a minor has violated any federal, state, or local law, a written motion may be filed alleging reasonable grounds to believe the minor is not competent to proceed. The written motion shall contain: (a) a certificate that it is filed in good faith and on reasonable grounds to believe the minor is not competent to proceed[;] due to: (i) a mental illness; (ii) intellectual disability or a related condition; or (iii) developmental immaturity (means incomplete development in one or more domains which manifests as a functional limitation in the minor's present ability to consult with counsel with a reasonable degree of rational understanding and have a rational as well as factual understanding of the proceedings). Also addresses the timeline. This bill amends procedures and requirements for an evaluation of a minor for competency; provides instructions to forensic evaluators, courts, and others involved with the prosecution, evaluation, and adjudication of matters related to minors; amends provisions related to an evaluation to determine likelihood of attaining competency. DHS's bill. 2/25: 1st sub adopted and passed out of House Judiciary Committee

Title: Prohibition on Firearm Modification Devices

Currently:House/ filed Dated:3/14/2019

Sponsor: Arent, Patrice M.
Party: Democratic

Comments:

• This bill prohibits the import, sale, manufacture, and possession of devices that modify a semiautomatic firearm to significantly increase the rate at which the firearm fires; allows a law enforcement officer to confiscate any such device; and provides for a law enforcement officer to destroy the device.

Title: Prohibited Persons Amendments

Currently:House/ filed Dated:3/14/2019

Sponsor: Duckworth, Susan
Party: Democratic

Comments:

• This bill requires a court to impose a protective order on a perpetrator of domestic violence as a condition of probation; prohibits the perpetrator from possessing a firearm under state and federal law; requires the Bureau of Criminal Identification to inform local law enforcement when a prohibited person attempts to purchase a weapon from a firearms dealer; enhances the level of offense for domestic violence when the perpetrator is in possession of a dangerous weapon.

Title: Criminal Code Task Force Changes

Currently:Governor Signed Dated:3/27/2019

Sponsor: Ray, Paul
Party: Republican
Floor: Mayne, Karen
Party: Democratic

Comments:

• This bill clarifies the purpose and scope of the Criminal Code Evaluation Task Force; and includes a sunset provision to establish the duration of the task force.

Title: Nurse Practice Act Amendments

Currently:Governor Signed Dated:3/25/2019

Sponsor: Dunnigan, James A.
Party: Republican
Floor: Bramble, Curtis S.
Party: Republican

Comments:

• This bill permits certain licensed nurse practitioners to prescribe a Schedule II controlled substance; and removes certain requirements for advanced practice nurse practitioners to have prescriptive authority for controlled substances. 2/26: 1 sub adopted, amended, and passed out of house floor. Compromised between nurse practitioners and other medical professionals. If there are new nurse practitioners, solo practice or pain clinic, then there should be some oversight. but for the more seasoned nurses and there is a consultation team, they do not need oversight, passes 68-2

Title: Changes to Tobacco Retail Permit

Currently:Governor Signed Dated:3/22/2019

Sponsor: Roberts, Marc K.
Party: Republican
Floor: Anderegg, Jacob L.
Party: Republican

Comments:

• This bill prohibits the Department of Health or a local health department from denying a permit to a retail tobacco specialty business based upon its proximity to a community or other location if the retail tobacco specialty business obtained a license to operate the retail tobacco specialty business before December 31, 2015.

Title: School Absenteeism and Truancy Amendments

Currently:House/ filed Dated:3/14/2019

Sponsor: Snow, V. Lowry
Party: Republican

Comments:

• This bill establishes which absences from school are considered in determining if a minor is truant; replaces ages to which certain provisions related to truancy apply with grade levels to which the provisions apply; limits the conditions under which a school district or charter school may impose administrative penalties on a school-age minor who is truant.

Title: Higher Education Responses to Allegations

Currently:Governor Signed Dated:3/26/2019

Sponsor: Coleman, Kim F.
Party: Republican
Floor: Weiler, Todd
Party: Republican

Comments:

• 2018 General Session 1st Sub. H.B. 254, "Campus Sexual Violence Reporting" [did not pass, CCJJ opposed stating, "Will hurt victims and may prohibit them to come forward; not evidenced based; not trauma-informed"]. This bill enacts provisions that prohibit a postsecondary institution from imposing a sanction on a student for violating the institution's code of conduct under certain circumstances; enacts provisions related to a postsecondary institution engaging with an off-campus law enforcement agency in response to an allegation of sexual violence; enacts other provisions related to the duties of a postsecondary institution in circumstances related to an allegation of sexual violence; and creates criminal offenses (third degree felony) related to retaliation against a victim of or a witness to an act of sexual violence under certain circumstances.

Title: Assessment and Treatment Decisions Amendments

Currently:House/ comm rpt/ sent to Rules/ substituted Dated:3/11/2019

Sponsor: Shurtliff, Lawanna
Party: Democratic

Comments:

• This bill provides that an entity that conducts only assessments to determine whether substance use disorder treatment is necessary is not required to be licensed by the Department of Human Services if the entity is licensed by the Division of Occupational and Professional Licensing; provides that, under certain circumstances, a private entity that conducts an assessment of an individual to determine if substance use disorder treatment is necessary may not also provide substance use disorder treatment to the individual.

Title: Controlled Substance Database Retention Amendments

Currently:House/ filed Dated:3/14/2019

Sponsor: Seegmiller, Travis M.
Party: Republican

Comments:

• This bill grants rulemaking authority related to retention of personally identifiable information; requires a study on the retention of information; prohibits the Division of Occupational and Professional Licensing from retaining personally identifiable information in the database beyond a specified time period.

Title: Consent to Services for Homeless Youth

Currently:Senate/ substituted Dated:3/13/2019

Sponsor: Weight, Elizabeth
Party: Democratic
Floor: Escamilla, Luz
Party: Democratic

Comments:

• This bill modifies the circumstances under which a person who provides temporary shelter to a homeless youth is subject to a criminal penalty; provides that a homeless youth may consent to temporary shelter, care, or services under certain circumstances; requires a person who provides temporary shelter, care, or services, to a consenting homeless youth to keep certain records and report to the Division of Child and Family Services.

Title: Student Support Amendments

Currently:House/ comm rpt/ substituted/ amended Dated:2/28/2019

Sponsor: Eliason, Steve
Party: Republican
Floor: Millner, Ann
Party: Republican

Comments:

• This bill authorizes the State Board of Education (board) to distribute money to local education agencies (LEAs) for personnel who provide school-based mental health support.

Title: Student Support Amendments

Currently:Senate/ substituted Dated:3/13/2019

Sponsor: Eliason, Steve
Party: Republican
Floor: Millner, Ann
Party: Republican

Comments:

• This bill authorizes the State Board of Education (board) to distribute money to local education agencies (LEAs) for personnel who provide school-based mental health support. does a lot of what HB120 does. the hope is that it will merge with that bill. it is a good bill and education is supporting this as well. 2/28: 1st sub adopted and passed out of House Education Committee: is there coordination with other bills? yes medicaid bill by rep fillmore focused on behavioral health, however there is still limitations with students with an individualized education plan. under these changes, other physical health needs could be billed through medicaid. rep wards bill, worked closely and will be amended in the senate. this bill is a stand alone bill though (not dependent of the others passing). 3/4: 2nd sub adopted and amended on house floor. sponsor worked with dsamh on sub. incorporated appropriate parental oversight, if need additional school support student would need parental support.

Title: Driver License Suspension Amendments

Currently:House/ filed Dated:3/14/2019

Sponsor: Maloy, A. Cory
Party: Republican

Comments:

• This bill prohibits the Driver License Division from suspending a driver license: (4) The division may not revoke, deny, suspend, or disqualify an individual's license for: (a) failure to pay an outstanding unpaid fine, if the unpaid amount is less than $1,000; (b) the first instance the individual fails to appear in court for a case involving a misdemeanor or infraction; or (c) a bench warrant issued as a result of an event described in Subsection (4)(a) or (b).

Title: Utah Medical Cannabis Act Amendments

Currently:House/ filed Dated:3/14/2019

Sponsor: Dailey-Provost, Jennifer
Party: Democratic

Comments:

• This bill removes a requirement that unprocessed cannabis flower be in a blister pack; increases limit on the number of patients for whom a qualified medical provider may recommend cannabis; removes a distinction between qualified medical providers and specialists regarding the limit on the number of patients for whom a qualified medical provider may recommend cannabis; regarding the qualifications for a medical cannabis patient card: reduces the age requirement; and removes a requirement that certain adults receive approval of the compassionate use board; repeals elements required for protection from criminal conviction for the use or possession of medical cannabis; clarifies quantity limits for possession during the decriminalization period.

Title: Economic Development and Affordable Homes Amendments

Currently:House/ substituted Dated:3/5/2019

Sponsor: Briscoe, Joel K.
Party: Democratic

Comments:

• This bill modifies how money from the Olene Walker Housing Loan Fund may be used; modifies how money from the Economic Revitalization and Investment Fund may be used; creates the Affordable Housing Preservation Fund and describes the allowable uses of money from the fund.

Title: Economic Development and Affordable Homes Amendments

Currently:House/ filed Dated:3/14/2019

Sponsor: Briscoe, Joel K.
Party: Democratic
Floor: Weiler, Todd
Party: Republican

Comments:

• This bill modifies how money from the Olene Walker Housing Loan Fund may be used; modifies how money from the Economic Revitalization and Investment Fund may be used; creates the Affordable Housing Preservation Fund and describes the allowable uses of money from the fund. 2/25 CCJJ: housing issue with people in treatment and low economic status. 3/4: Passed out of House Economic Development and Workforce Services Committee. 3/5: House 3rd reading, fiscal note sized down dramatically, passes 47-26.

Title: Boards and Commissions Amendments

Currently:Senate/ substituted Dated:3/13/2019

Sponsor: Knotwell, John
Party: Republican
Floor: Hemmert, Daniel
Party: Republican

Comments:

• This bill requires each executive branch board or commission to submit an annual report to the governor's office and requires the governor's office to provide a summary report to the Legislature; repeals certain entities; combines certain entities; removes legislators from certain entities, including the Utah Substance Use and Mental Health Advisory Council; prohibits a legislator from being appointed to certain entities; and adds a sunset date to certain entities. 3/8: 2nd sub adopted on house floor - requires the governor to review and provide certain recommendations regarding each newly created board or commission; requires the Government Operations Interim Committee to receive and consider taking action on recommendations made by the governor. 3/11: Senate Education Committee, passed with sen hillyard voting nay.

Title: Modifications to Governmental Immunity Provisions

Currently:Senate/ comm rpt/ substituted Dated:3/8/2019

Sponsor: Ivory, Ken
Party: Republican
Floor: Henderson, Deidre M.
Party: Republican

Comments:

• This bill waives governmental immunity for an injury claim resulting from a sexual battery or sexual abuse of a child against a student by a school employee unless the school was subject to a specified policy and had taken reasonable steps to implement and enforce the policy; waives governmental immunity for an injury claim resulting from a sexual battery of a student by an employee of an institution of higher education, except in specified circumstances; and authorizes a court to award a prevailing plaintiff the plaintiff's reasonable attorney fees and costs in an action to recover for a claim for which immunity is waived under this bill. 2/25 CCJJ: force the board of regents to create policies on this. employees of the university cannot have sexual relation with a student. however, this bill only applies to people under 18 years of age. public elementary or secondary school. willing to take language on whatever higher ed wants to do. 3/1: 1st sub adopted and passed House Judiciary Committee

Title: Telemedicine Reimbursement Amendments

Currently:Governor Signed Dated:3/25/2019

Sponsor: Ivory, Ken
Party: Republican
Floor: Cullimore, Kirk A.
Party: Republican

Comments:

• This bill requires the Medicaid program to reimburse for certain telemedicine services at rates set by the Medicaid program; requires the Public Employees' Benefit and Insurance Program to reimburse for certain telemedicine services at commercially reasonable rates; amends telemedicine reporting and study requirements.

Title: Suicide Prevention Amendments

Currently:Senate/ substituted Dated:3/13/2019

Sponsor: Eliason, Steve
Party: Republican
Floor: Ipson, Don L.
Party: Republican

Comments:

• This bill expands the scope of suicide prevention programs in a school; requires the Division of Occupational and Professional Licensing, in conjunction with the Division of Substance Abuse and Mental Health, to create a suicide prevention web-accessible video; requires certain primary care providers to view the suicide prevention web-accessible video in order to renew a medical license; establishes the Survivors of Suicide Loss Grant Fund; establishes the Psychiatric Consultation Program Grant Fund. 3/4: 2nd sub adopted and passed out of House health and Human Services Committee

Title: Pawnshop and Secondhand Merchandise Amendments

Currently:House/ comm rpt/ substituted Dated:3/5/2019

Sponsor: Hutchings, Eric K.
Party: Republican

Comments:

• Shifts the responsibility from CCJJ to dept of commerce to appoint members for the Pawnshop and Secondhand Merchandise Advisory Board. Does not change criminal penalties regarding pawnshop and secondhand merchandise.

Title: Pawnshop and Secondhand Merchandise Amendments

Currently:Senate/ substituted Dated:3/13/2019

Sponsor: Hutchings, Eric K.
Party: Republican
Floor: Bramble, Curtis S.
Party: Republican

Comments:

• Shifts the responsibility from CCJJ to dept of commerce to appoint members for the Pawnshop and Secondhand Merchandise Advisory Board. Does not change criminal penalties regarding pawnshop and secondhand merchandise. 2/25 LELC: supports and AGs supports this. Fiscal Note: $0. 3/5: House Law Enforcement and Criminal Justice Committee: There is a database that helps track transactions of items being brought into pawnshops - need to set appropriate amount of number of tickets (4/month) and number of items (8/month). This bill would requirie biometric (fingerprints); photo document of certain items; disallow certain items. This will help prevent individuals from getting drug money. discussion on imposing on constitutional rights free trade - but we do this on substance use, limiting doctors on what they can prescribe and amount. Passed, 9-1. 3/5: House 3rd reading, amendment 1: concern on infringing on free market so amended to remove the lines that restricted pawnshops from a certain number of tickets, passes unanimously. 3/8: Passes out unanimously - Senate Business and Labor Committee

Title: Lewdness Statute Modification

Currently:Governor Signed Dated:3/27/2019

Sponsor: Brooks, Walt
Party: Republican
Floor: Henderson, Deidre M.
Party: Republican

Comments:

• A person is guilty of lewdness involving a child if the person under circumstances not amounting to rape of a child, object rape of a child, sodomy upon a child, sexual abuse of a child, aggravated sexual abuse of a child, or an attempt to commit any of those offenses, intentionally or knowingly does any of the following the presence of a child who is under 14 years of age: adds performs any other act of lewdness. Fiscal Note: $0 3/1: 1st sub: add in digital means and technical clarification. Passed out of House Judiciary Committee, consent calendar.

Title: Substance Use and Health Care Amendments

Currently:Governor Signed Dated:3/26/2019

Sponsor: Daw, Brad M.
Party: Republican
Floor: Weiler, Todd
Party: Republican

Comments:

• 3/8: Senate Health and Human Services Committee: Sen. Weiler and Rep Moss started to look at jails death, particularly interested in looking at medically assisted treatment. 3rd sub includes full cavity body searches, shackling, and contraceptives in jails allows USAAV and CCJJ a workgroup to collect the current practice are. the most economic route. worked with ccjj, usaav, swap, and others.

Title: Prohibition of the Practice of Conversion Therapy upon Minors

Currently:House/ comm rpt/ substituted Dated:3/5/2019

Sponsor: Hall, Craig
Party: Republican

Comments:

• This bill prohibits certain health care professionals from providing conversion therapy to a minor; and adds a violation of the prohibition to the list of conduct that constitutes unprofessional conduct for licensing purposes.

Title: Prohibition of the Practice of Conversion Therapy upon Minors

Currently:House/ filed Dated:3/14/2019

Sponsor: Hall, Craig
Party: Republican

Comments:

• This bill prohibits certain health care professionals from providing conversion therapy to a minor; and adds a violation of the prohibition to the list of conduct that constitutes unprofessional conduct for licensing purposes. this is a good bill. good definition of conversion therapy. there are certain exemptions. Fiscal Note: $0. 3/1: Held in House Judiciary Committee, concerns about the definition of conversion therapy. chilling effect on therapists. professor from the U think the 3rd sub is problematic because it leaves out gender identity in the definition of conversion therapy. held the bill so that there will be more time for public hearing. 3/5: 4th sub adopted and passed out of House Judiciary Committee. 5th sub changed definition of conversion therapy.

Title: Murder Mitigation Amendments

Currently:Governor Signed Dated:3/26/2019

Sponsor: Stoddard, Andrew
Party: Democratic
Floor: Weiler, Todd
Party: Republican

Comments:

• This bill modifies the circumstances under which a defendant's extreme emotional distress is special mitigation of the penalty for a criminal homicide offense; modifies the consequences in a criminal trial if the jury is unable to unanimously agree that special mitigation based on the defendant's extreme emotional distress or mental illness is established. Original bill was studied in interim but had concerns. 3/6: 1st sub adopted and passed out of House law Enforcement and Criminal Justice Committee. Will Haines from AGs office: 9 other states that has extreme emotional distress, majority of other states have common law provocation. statute as written does not require highly provoking act and mitigation can apply, example: state vs scott. 1st sub worked with sentencing commission to remove the felony requirement - further defines: "Extreme emotional distress" - following immediate highly provoking act - an overwhelming reaction of anger, shock, or grief that: (A) causes the defendant to be incapable of reflection and restraint; and (B) would cause an objectively reasonable person to be incapable of reflection and restraint; time tested, no cooling off period from common law, and changes provisions on hung jury. Fiscal Note: $0

Title: Juvenile Justice Reform Amendments

Currently:Governor Signed Dated:3/22/2019

Sponsor: Snow, V. Lowry
Party: Republican
Floor: Weiler, Todd
Party: Republican

Comments:

• 3/8: 1st sub adopted House Judiciary Committee - Rep Snow: follow up to the reform, to fulfill the promise of the savings. a certain amount of savings are being realized by JJS and DHS to be reinvested in front end services with counseling, MCOT, non residential EBP, etc. One small change, restitution is paid first to be the victims before the fines, and extend oversight so that there is compliance with that order. This bill creates the Juvenile Justice Reinvestment Restricted Account.

Title: Limited Driver License Amendments

Currently:House/ filed Dated:3/14/2019

Sponsor: Brammer, Brady
Party: Republican

Comments:

• This bill allows a person with a suspended driver license due to a first offense of driving under the influence to elect to become an interlock restricted driver under certain circumstances. Notwithstanding the provisions in Subsections (7)(a) through (c), if the division suspends a person's license for an alcohol related offense in accordance with this section, and if the offense is the person's first offense, the person may elect to become an interlock restricted driver and install an ignition interlock device in any vehicle driven by the person in lieu of receiving the license suspension.

Title: Investigation Protocols for Peace Officer Use of Force

Currently:Governor Signed Dated:3/27/2019

Sponsor: Roberts, Marc K.
Party: Republican
Floor: Henderson, Deidre M.
Party: Republican

Comments:

• This bill modifies a provision relating to investigations of the use of force by a law enforcement officer. "Deadly force" means a force that creates or is likely to create, or that the person using the force intends to create, a substantial likelihood of death or serious bodily injury to a person.

Title: Drug Paraphernalia Penalty Amendments

Currently:Governor Signed Dated:3/21/2019

Sponsor: Pitcher, Stephanie
Party: Democratic
Floor: Weiler, Todd
Party: Republican

Comments:

• This bill removes certain enhancements for offenses related to drug paraphernalia.

Title: Restitution Reporting

Currently:Governor Signed Dated:3/25/2019

Sponsor: Pitcher, Stephanie
Party: Democratic
Floor: Weiler, Todd
Party: Republican

Comments:

• This bill requires county jails to report specified data regarding certain fees collected from inmates to the Commission on Criminal and Juvenile Justice; creates a task force for the purpose of reviewing the collected data and making findings and recommendations based on that data; requires the Commission on Criminal and Juvenile Justice to compile the data collected and submit it to the Jail Incarceration and Transportation Costs Study Council; directs the membership and purpose of the Jail Incarceration and Transportation Costs Study Council. Fiscal Note: $117,900 one time. 3/4 LELC: pay to stay, permanent hold. 3/6: House Judiciary Committee: 1st sub clarified dates for reporting and technical changes.

Title: Controlled Substance Database Access Amendments

Currently:House/ filed Dated:3/14/2019

Sponsor: Hall, Craig
Party: Republican

Comments:

• This bill authorizes the Division of Occupational and Professional Licensing to provide information to a managed care organization under certain circumstances; creates an exception to certain restrictions on access to the controlled substances database.

Title: Universal Background Checks for Firearm Purchasers

Currently:House/ filed Dated:3/14/2019

Sponsor: King, Brian S.
Party: Democratic

Comments:

• This bill requires background checks for the transfer of a firearm between persons who are not federal firearms licensees; creates exceptions for family members, law enforcement agencies and officers, and others; allows for temporary transfers under specific circumstances; set penalties ((6) An unlicensed person who transfers one or more firearms in violation of this section is guilty of: (a) a class A misdemeanor for the first offense; and (b) a third degree felony for a second or subsequent offense.

Title: Opioid Treatment Programs and Controlled Substance Database Amendments

Currently:House/ filed Dated:3/14/2019

Sponsor: Daw, Brad M.
Party: Republican
Floor: McCay, Daniel
Party: Republican

Comments:

• This bill modifies requirements relating to access to the controlled substance database for emergency departments in hospitals and opioid treatment programs. 3/8 2nd sub adopted and passed out of Senate Health and Human Services committee.

Title: DNA Specimen Analysis Amendments

Currently:House/ filed Dated:3/14/2019

Sponsor: Eliason, Steve
Party: Republican
Floor: Hillyard, Lyle W.
Party: Republican

Comments:

• This bill requires a sheriff to provide a person notice related to the destruction of a DNA specimen and removal of the person's DNA sample and records from a database; requires certain DNA specimen to be processed and entered into a database; permits a person to request the destruction of the person's DNA specimen and related records under certain conditions. 1st sub just clarifies the fiscal note appropriations.

Title: Sexual Assault and Domestic Violence Victims Amendments

Currently:House/ filed Dated:3/14/2019

Sponsor: Acton, Cheryl K.
Party: Republican

Comments:

• This bill requires the creation of a mobile application to assist victims of domestic violence and sexual abuse; requires certain state entities to develop, support, and maintain the mobile application; and dictates certain elements to be included in the mobile application.

Title: Bail Bond Amendments

Currently:Governor Signed Dated:3/27/2019

Sponsor: Lisonbee, Karianne
Party: Republican
Floor: Bramble, Curtis S.
Party: Republican

Comments:

• This bill requires a judge or magistrate to set bail at a single amount; authorizes a judge or magistrate to specify the method of bail in certain circumstances. 1st sub: uses the master offense schedule, voice amendment to delay the effective date.

Title: Prohibition of Genital Mutilation

Currently:Governor Signed Dated:3/27/2019

Sponsor: Ivory, Ken
Party: Republican
Floor: Escamilla, Luz
Party: Democratic

Comments:

• 3/6: 1st sub adopted and passed out of House Health and Human Services Committee. 1st sub changed from 3rd degree to second degree felony. This bill makes performing or facilitating female genital mutilation a second degree felony; provides that a medical professional who performs female genital mutilation shall lose the ability to practice permanently; declares that female genital mutilation is a form of child abuse for reporting requirements; allows a person subject to female genital mutilation to bring a civil action; and requires the Department of Health to create an education program to alert the community to the health risks and emotional trauma of female genital mutilation. Fiscal Note: $33,800 ongoing. 3/8: House 3rd reading, amended for technical language, passes unanimously,

Title: Expungement Act Amendments

Currently:Senate/ substituted Dated:3/13/2019

Sponsor: Hutchings, Eric K.
Party: Republican
Floor: Thatcher, Daniel W.
Party: Republican

Comments:

• 3/7: House 3rd reading: Technical changes with BCI and the courts.removes the grama section. This bill allows for automatic expungement of charges for which an individual is acquitted, charges that are dismissed with prejudice, and certain convictions; creates a process for automatic expungement, which includes: requiring the Administrative Office of the Courts to identify cases that may be eligible for automatic expungement; requiring a prosecuting agency to be notified before the record of a case is automatically expunged; and providing rulemaking authority to the Department of Public Safety to implement procedures for processing an automatic expungement; modifies the circumstances under which the state may petition a court to open an expunged record.

Title: Veterans Treatment Court Act

Currently:House/ filed Dated:3/14/2019

Sponsor: Snow, V. Lowry
Party: Republican

Comments:

• This bilL enacts the Veterans Treatment Court Act, including: defining terms; providing for establishing veterans treatment courts; requiring a record of policy and procedures for a veterans treatment court; outlining the key components and supplemental policies and procedures of a veterans treatment court; addressing eligibility for participation in a veterans treatment court, including requiring a participation agreement and providing for modification, termination, and completion of the agreement; addressing domestic violence issues; and stating that there is no right to participate.

Title: Law Enforcement Use of Biometric Information

Currently:House/ filed Dated:3/14/2019

Sponsor: Robertson, Adam
Party: Republican

Comments:

• This bill prohibits law enforcement from using an individual's biometric information to access the individual's electronic device that is protected by biometric security. Libertas Institute:consistent with both the U.S. and Utah constitutions, prohibit law enforcement from requiring individuals to unlock their electronic device by providing a fingerprint or facial scan.

Title: Commission on Criminal and Juvenile Justice Amendments

Currently:Governor Signed Dated:3/27/2019

Sponsor: Hutchings, Eric K.
Party: Republican
Floor: Escamilla, Luz
Party: Democratic

Comments:

• 3/6: House Judiciary Committee: 1st sub adds faith based member, 21 to 25 members. This bill allows for designees as well. line 72 voice amendment from a 3 to 5 governor appointed.

Title: Controlled Substances Amendments

Currently:Governor Signed Dated:3/21/2019

Sponsor: Ray, Paul
Party: Republican
Floor: Christensen, Allen M.
Party: Republican

Comments:

• This bill reschedules Tramadol from Schedule V to Schedule IV; and creates a reporting requirement for certain noncontrolled substances.

Title: Criminal Nonsupport Amendments

Currently:House/ filed Dated:3/14/2019

Sponsor: Lisonbee, Karianne
Party: Republican

Comments:

• This bill modifies the monetary limits for criminal nonsupport; makes it a third degree felony if the total arrearage is between $5,000 and $15,000; makes it a second degree felony if the total arrearage is more than $15,000; and affirms that criminal nonsupport is a continuing offense.

Title: Victim Address Confidentiality Program

Currently:House/ filed Dated:3/14/2019

Sponsor: Pitcher, Stephanie
Party: Democratic
Floor: Weiler, Todd
Party: Republican

Comments:

• This bill creates an address confidentiality program in the Utah Office for Victims of Crime; describes eligibility and application requirements for program participants; addresses the administrative responsibilities of the Utah Office for Victims of Crime in maintaining the address confidentiality program; describes the permitted uses for assigned addresses; permits disclosure to state and local government entities in certain circumstances; addresses service of process, disclosure in judicial and administrative proceedings, and orders relating to custody and parent-time; and addresses immunity and the retention and destruction of records.

Title: Medicaid Eligibility Amendments

Currently:Governor Signed Dated:3/25/2019

Sponsor: Moss, Carol Spackman
Party: Democratic
Floor: Weiler, Todd
Party: Republican

Comments:

• This bill prohibits the department from terminating eligibility for the state Medicaid program solely because the individual is incarcerated.

Title: Domestic Violence Definition Amendments

Currently:House/ filed Dated:3/14/2019

Sponsor: Stoddard, Andrew
Party: Democratic

Comments:

• This bill adds “distribution of an intimate image, as described in Section 76-5b-203” to the list of offenses in the definition of domestic violence.

Title: Fee Waivers for Homeless Youth

Currently:House/ filed Dated:3/14/2019

Sponsor: Stoddard, Andrew
Party: Democratic

Comments:

• This bill waives the fee for a certified copy of a birth certificate for a youth who can show that he or she is homeless; and waives the fee for an identification card for a youth who can show that he or she is homeless.

Title: Controlled Substance Database Notification Amendments

Currently:House/ filed Dated:3/14/2019

Sponsor: Coleman, Kim F.
Party: Republican

Comments:

• This bill authorizes a practitioner to request that the Division of Occupational and Professional Licensing alert users of the Controlled Substance Database that a patient is at elevated risk of misusing a prescription drug; and specifies how a request may be submitted, accessed, or deleted.

Title: Felony Probation Amendments

Currently:House/ filed Dated:3/14/2019

Sponsor: Pitcher, Stephanie
Party: Democratic

Comments:

• This bill specifies that certain provisions relating to probation length are applicable to felony probation.

Title: Controlled Substances Modifications

Currently:House/ filed Dated:3/14/2019

Sponsor: Dailey-Provost, Jennifer
Party: Democratic

Comments:

• This bill modifies provisions of the Utah Controlled Substances Act relating to prescriptions - does not permit an agent, employee, sales representative, or detail man to maintain an inventory of a controlled substance separate from the location of the person's employer's registered and licensed place of business.

Title: School Threat Amendments

Currently:House/ filed Dated:3/14/2019

Sponsor: Stoddard, Andrew
Party: Democratic

Comments:

• This bill creates crime against schools: (a) threatens the use of a weapon or hoax weapon of mass destruction, as defined in Section 76-10-401; or (b) acts with intent to: (i) disrupt the egular schedule of the school or influence or affect the conduct of students, employees, or the general public at the school is a third degree felony; (acts with intent to disrupt the regular schedule of the school or influence or affect the conduct of students, employees, or the general public at the school or prevent or interrupt the occupancy of the school or a portion of the school, or a facility or vehicle used by the school is a class A misdemeanor; intimidate or coerce students or employees of the school or cause an official or volunteer agency organized to deal with emergencies to take action due to the risk to the school or general public is a class B misdemeanor

Title: Criminal Information Amendments

Currently:Governor Signed Dated:3/27/2019

Sponsor: Ray, Paul
Party: Republican
Floor: Thatcher, Daniel W.
Party: Republican

Comments:

• This bill requires the Bureau of Criminal Identification to submit the record for all nonextraditable warrants for violent felonies to the National Crime Information Center; requires local law enforcement agencies to determine the extraditability status of warrants; and requires the court to report any changes to the status of a warrant to the Bureau of Criminal Identification.

Title: Hepatitis C Outreach Pilot Program

Currently:House/ filed Dated:3/14/2019

Sponsor: Eliason, Steve
Party: Republican

Comments:

• This bill creates the Hepatitis C Outreach Pilot Program; requires the Health Department to make grants to Hepatitis C outreach organizations; and specifies how grant funds may be used.

Title: Civil Commitment Amendments

Currently:House/ filed Dated:3/14/2019

Sponsor: Ray, Paul
Party: Republican

Comments:

• This bill adds additional members to the Forensic Mental Health Coordinating Council; modifies provisions relating to civil commitment, including provisions relating to discharge and periodic review of an individual who is civilly committed; and modifies provisions relating to competency to stand trial, including provisions relating to a finding of competency and the process that follows a finding of competency.

Title: Board of Pardons and Parole Revisions

Currently:House/ filed Dated:3/14/2019

Sponsor: Ivory, Ken
Party: Republican

Comments:

• This bill allows the Board of Pardons to require an offender to participate in mental health treatment; and allows an offender's sentence to be tolled during the time in which the offender refuses to participate in treatment.

Title: Adult Autism Treatment Program

Currently:House/ filed Dated:3/14/2019

Sponsor: Hall, Craig
Party: Republican

Comments:

• This bill creates the Adult Autism Treatment Program within the Department of Health; describes the operation of the program; and creates the Adult Autism Treatment Account.

Title: Conviction Reduction Amendments

Currently:House/ filed Dated:3/14/2019

Sponsor: Snow, V. Lowry
Party: Republican

Comments:

• This bill allows a judge to reduce certain convictions by one or two degrees; and removes the prosecutor's consent requirement to reduce a conviction by a second degree.

Title: Jail Drug Treatment Program

Currently:House/ filed Dated:3/14/2019

Sponsor: Moss, Carol Spackman
Party: Democratic

Comments:

• This bill creates a pilot program to administer a schedule of Naltrexone to certain individuals who suffer from alcohol or opiate addiction; provides that the Commission on Criminal and Juvenile Justice shall administer the program; and provides minimum standards with which the selected county is to comply when implementing the pilot program.

Title: Concealed Carry Amendments

Currently:House/ filed Dated:3/14/2019

Sponsor: Lisonbee, Karianne
Party: Republican

Comments:

• This bill provides that a provisional concealed carry permit holder may, before age 21, apply for a concealed carry permit that becomes valid at age 21.

Title: Retaliation and Obstruction of Justice Amendments

Currently:House/ filed Dated:3/14/2019

Sponsor: Hall, Craig
Party: Republican

Comments:

• This bill makes it a class B misdemeanor to vandalize public lands; specifies the punishments to be imposed for vandalism of public lands. This bill makes threatening or harming a prosecutor in relation to a criminal proceeding a felony; adds certain threatening or interfering communications to the list of crimes constituting obstruction of justice.

Title: Criminal Justice Restitution Amendments

Currently:House/ filed Dated:3/14/2019

Sponsor: Ivory, Ken
Party: Republican

Comments:

• A court may find a defendant in contempt of court for the defendant's failure to pay an accounts receivable balance as required as a condition of probation if the court finds by a preponderance of the evidence that the defendant: (A) was aware of the obligation to pay the accounts receivable balance; (B) had the capacity to pay the accounts receivable balance; and(C) failed to make a good faith effort to pay the accounts receivable balance. (v) A court that imposes a jail sanction for contempt of court under Subsection (10)(b)(iv) may not require the defendant to serve more than one jail day for each $100 of the unpaid accounts receivable balance for which the court finds the defendant in contempt, subject to a maximum of: (A) five days for contempt arising from a class B misdemeanor or lesser offense; and (B) 30 days for a class A misdemeanor or felony offense. (vi) A jail sanction imposed under Subsection (10)(b)(iv) satisfies the criminal judgment accounts receivable at the rate of $100 per day served, in accordance with Chapter 38a, Crime Victims Restitution Act.

Title: Concurrent Resolution Urging the United States Drug Enforcement Administration to Approve a Pharmaceutical Drop Box Pilot Program

Currently:Governor Signed Dated:3/27/2019

Sponsor: Daw, Brad M.
Party: Republican
Floor: Vickers, Evan J.
Party: Republican

Comments:

• This concurrent highlights the impact of the opioid epidemic on the state of Utah; place law enforcement-controlled pharmaceutical drop boxes in local pharmacies; and approve a pilot program for pharmaceutical drop boxes that are controlled by local law enforcement agencies.

Title: Concurrent Resolution Supporting Utah's Every Kid Outdoors Initiative

Currently:Governor Signed Dated:3/27/2019

Sponsor: Arent, Patrice M.
Party: Democratic
Floor: Fillmore, Lincoln
Party: Republican

Comments:

• This resolution describes the benefits of children spending time outdoors (including mental and behavioral health benefits); expresses support for Utah’s Every Kid Outdoors Initiative

Title: Joint Resolution Adopting Privilege Under Rules of Evidence

Currently:House/ to Lieutenant Governor Dated:3/22/2019

Sponsor: Snow, V. Lowry
Party: Republican
Floor: Weiler, Todd
Party: Republican

Comments:

• 2/28: 2nd sub adopted. This resolution defines terms; states the privilege and who may claim the privilege; and provides for exceptions from the privilege.

Title: Joint Rules Resolution - Sponsor's Statement

Currently:House/ filed Dated:3/14/2019

Sponsor: Thurston, Norman K.
Party: Republican

Comments:

• This resolution provides that the chief sponsor of a piece of legislation may issue a sponsor's statement describing the content or impact of the legislation, the sponsor's intent, or other information related to the legislation.

Title: Joint Resolution on Existing Weapons Restrictions

Currently:House/ filed Dated:3/14/2019

Sponsor: Maloy, A. Cory
Party: Republican
Floor: Anderegg, Jacob L.
Party: Republican

Comments:

• This resolution provides an overview of weapons restrictions laws found in the Utah Code; and recognizes that the best manner to protect the vulnerable without infringing on the right of the people to bear arms is to enforce the laws already found in the Utah Code.

Title: Proposal to Amend Utah Constitution - Slavery and Involuntary Servitude Prohibition

Currently:House/ to Lieutenant Governor Dated:3/22/2019

Sponsor: Hollins, Sandra
Party: Democratic
Floor: Anderegg, Jacob L.
Party: Republican

Comments:

• 3/4: 1st sub adopted in Senate Business and Labor Committee. 2/5: Passed out of House Judiciary Committee. This resolution proposes to amend the Utah Constitution to eliminate an exception ("except as a punishment for crime, whereof the party shall have been duly convicted") to the prohibition against slavery and involuntary servitude. This resolution directs the lieutenant governor to submit this proposal to voters - contingent effective date of January 1, 2021 if voted.

Title: House Resolution Supporting Humane Response to Refugee Crises

Currently:House/ to Lieutenant Governor Dated:3/22/2019

Sponsor: Dailey-Provost, Jennifer
Party: Democratic

Comments:

• This resolution recognizes the plight of millions of people who fled their country seeking relief from civil conflict or other hardships; and opposes separating children from their families at the U.S.-Mexico border.

Title: Identification Request Amendments

Currently:Governor Signed Dated:3/27/2019

Sponsor: Mayne, Karen
Party: Democratic
Floor: Perry, Lee B.
Party: Republican

Comments:

• Sen. Mayne mentioned law enforcement came to her with concerns on identification request. This bill modifies the type of information a peace officer may request from a suspect the officer stops to question about a crime. Allows law enforcement to request name, address, and birth date for identification purposes.

Title: Indigent Defense Act Amendments

Currently:Governor Signed Dated:3/26/2019

Sponsor: Weiler, Todd
Party: Republican
Floor: McKell, Michael K.
Party: Republican

Comments:

• This bill recodifies the Indigent Defense Act, including: addressing right to counsel; determining indigency; ordering indigent defense services; establishing standards for indigent defense systems; addressing compensation and reimbursement for indigent defense services; providing for defense of indigent inmates, including providing for the Indigent Inmate Trust Fund; addressing the Indigent Aggravated Murder Defense Trust Fund and the roles of counties and the state; and repealing language outdated because of changes made in the bill.

Title: Affordable Housing Modifications

Currently:House/ substituted Dated:3/14/2019

Sponsor: Anderegg, Jacob L.
Party: Republican
Floor: Potter, Val K.
Party: Republican

Comments:

• 02/13: 3rd Sub adopted and passed on Senate floor. Clarified technical language and townships. This bill modifies the requirements of certain municipalities and counties related to the moderate income housing plan element of their general plan; modifies the reporting requirements of certain municipalities related to the municipalities' moderate income housing plan element of their general plan; modifies provisions related to the use of Transportation Investment Fund money; modifies provisions related to the Olene Walker Housing Loan Fund Board; and appropriates funding to the Department of Workforce Services – Olene Walker Housing Loan Fund as follows: $20,000,000 one-time; and $4,000,000 ongoing. if they choose not to participate, they are ineligible for distributions for TIF (transportation investment fund). encourages municipalities to develop a affordable housing plan. what about technical assistance?24 million appropriation.

Title: Mental Health Amendments

Currently:Governor Signed Dated:3/27/2019

Sponsor: Fillmore, Lincoln
Party: Republican
Floor: Daw, Brad M.
Party: Republican

Comments:

• This bill requires that a mental health professional provide a patient the opportunity to waive the patient's privacy rights; requires a designated examiner to consider a proposed patient's mental health history when evaluating the proposed patient for civil commitment; allows a designated examiner to request a court order to obtain a proposed patient's mental health history; requires a designated examiner to disclose to an unrepresented proposed patient the fact that the designated examiner may, by court order, obtain the proposed patient's mental health history; limits the circumstances under which a court may terminate a civil commitment.

Title: Assisted Outpatient Treatment for Mental Illness

Currently:Governor Signed Dated:3/25/2019

Sponsor: Fillmore, Lincoln
Party: Republican
Floor: Eliason, Steve
Party: Republican

Comments:

• This bill defines "assisted outpatient treatment"; describes the services provided to an individual receiving assisted outpatient treatment; describes the process whereby an individual is court ordered to receive assisted outpatient treatment; requires a designated examiner to consider assisted outpatient treatment when evaluating a proposed patient for civil commitment; and makes technical changes.

Title: Criminal Provisions Modifications

Currently:Governor Signed Dated:3/27/2019

Sponsor: Mayne, Karen
Party: Democratic
Floor: Ray, Paul
Party: Republican

Comments:

• This bill expands the Clandestine Drug Lab Act (originally created to address methamphetamine) to include concentrated tetrahydrocannabinols and counterfeit opioids; adds possession of a pill press machine or similar device as an indication of the defendant’s intent to engage in a clandestine laboratory operation; modifies criminal offenses and penalties relating to electronic communications harassment (2018 General Session S.B. 242 removed "harass, frighten" CCJJ supported this - new bill would put back the two terms) and return of a marriage license to a county clerk; and repeals the offense of fornication.The Criminal Code Evaluation Task Force recommended this bill.

Title: Domestic Violence Revisions

Currently:Governor Signed Dated:3/27/2019

Sponsor: Christensen, Allen M.
Party: Republican
Floor: Ray, Paul
Party: Republican

Comments:

• 2018 General Session S.B. 99, "Domestic Violence Revisions" [did not pass, CCJJ opposed stating, "Potential collateral consequences; overly broad."] This bill adds aggravated cruelty to an animal to the list of offenses that may qualify as a domestic violence offense.

Title: Board of Pardons Amendments

Currently:Governor Signed Dated:3/21/2019

Sponsor: Thatcher, Daniel W.
Party: Republican
Floor: Snow, V. Lowry
Party: Republican

Comments:

• This bill codifies the board's authority to rescind an inmate's prison release date before an inmate is released from custody; and codifies the board's authority to rescind a parolee's termination date before termination occurs.

Title: Child Abuse Amendments

Currently:Governor Signed Dated:3/25/2019

Sponsor: Weiler, Todd
Party: Republican
Floor: Hall, Craig
Party: Republican

Comments:

• This 2nd substitute clarifies that "chronic abuse" and "chronic neglect" do not mean an isolated incident. Sponsor worked with concerns and clarified language.

Title: Kratom Consumer Protection Act

Currently:Governor Signed Dated:3/26/2019

Sponsor: Bramble, Curtis S.
Party: Republican
Floor: Daw, Brad M.
Party: Republican

Comments:

• This bill requires a person that prepares, distributes, sells, or offers to sell a kratom product to follow certain labeling requirements; prohibits a person from preparing, distributing, selling, or offering for sale certain kratom products; establishes penalties for violating the Kratom Consumer Protection Act; requires registration with the Department of Agriculture and Food of any kratom product offered for sale in this state; requires the Department of Agriculture and Food to set a fee and create standards for registering a kratom product; creates a civil cause of action; and requires the Department of Agriculture and Food to make rules to administer and enforce the Kratom Consumer Protection Act.

Title: Child Welfare Worker Protections

Currently:Governor Signed Dated:4/1/2019

Sponsor: Vickers, Evan J.
Party: Republican
Floor: Brooks, Walt
Party: Republican

Comments:

• This bill makes it a crime to assault or threaten violence against a child welfare worker.

Title: Vessel Amendments

Currently:Governor Signed Dated:3/21/2019

Sponsor: Bramble, Curtis S.
Party: Republican
Floor: McKell, Michael K.
Party: Republican

Comments:

• This bill enacts criminal provisions related to registration decals or cards; provides for enforcement of maintenance inspection programs for vessels carrying passengers for hire; and makes technical changes.

Title: Driver License and Implied Consent Modifications

Currently:Governor Signed Dated:3/21/2019

Sponsor: Mayne, Karen
Party: Democratic
Floor: Thurston, Norman K.
Party: Republican

Comments:

• 01/30 1st sub adopted and passed out of Senate Transportation, Public Utilities, Energy, and Tech Committee. In its October meeting, the Administrative Rules Committee approved a request from the Driver License Division to open a bill file to provide means for the division to implement, by administrative rule, the changes required by the Legislature’s repeal of R708-14-9, a division rule, in the 2018 General Session. This bill amends provisions related to procedures involving law enforcement when an individual suspected of driving under the influence refuses to submit to a chemical test. provision on "taking the Utah license certificate or permit, if any, of the operator; issue a temporary license certificate effective for only 29 days from the date of arrest."

Title: Domestic Violence Amendments

Currently:Governor Signed Dated:3/25/2019

Sponsor: Christensen, Allen M.
Party: Republican
Floor: Ray, Paul
Party: Republican