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Day 37: Factual Innocence

March 6, 2013

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Today in Senate Judiciary, Law and Criminal Justice, we discussed the following:

HB0031 Enticing a Minor Amendments (Webb) clarifies that the elements of the offense of enticing a minor do not include intent to complete a sexual offense with a minor; modifies the definition of “text messaging”; and provides that the penalties for enticing a minor are based on the level of sexual conduct the actor solicits, seduces, lures, or entices, or attempts to solicit, seduce, lure, or entice a minor to engage in.

HB0089 Judicial Review of Peace Officer Standards and Training Actions (Nelson) provides for judicial appeal of a suspension or revocation of the certification of a peace officer by the Peace Officer Standards and Training Council.

HB0232 Criminal Penalty Amendments (Hall) modifies the Utah Criminal Code penalty provisions regarding restraint of trade. It modifies penalty language regarding illegal anticompetitive activities to clarify that the penalty is a third degree felony.

HB0213S01Peace Officer Standards and Training Amendments (Greenwood) requires all applicants for admission and certification as a peace officer to be eligible to possess a firearm under state and federal law; allows the Peace Officer Standards and Training Council to suspend or revoke a peace officer’s certification if the peace officer is not eligible to possess a firearm; allows federal agencies to exercise law enforcement authority related to misdemeanor offenses under Utah law; and requires that federal officers with authority to enforce federal laws and state and local laws complete a 20-hour course on Utah law and process.

HB0092 Factual Innocence Assistance Amendments (Froerer) regarding financial assistance to a person found to have been wrongfully convicted, says that if the person dies, the financial assistance payment shall be paid to the person’s surviving spouse amended if the spouse was married to the person from the time of the conviction until the person’s death. But if the spouse has caused the death of the person by the commission of a disqualifying homicide, the survivor forfeits all right to payments.

HB0105 Serious Youth Offender Amendments (Snow) provides for a juvenile court judge to consider a minor’s prior adjudications in juvenile court, a minor’s best interest, and the public’s safety when determining a jurisdiction transfer from juvenile court to district court.

HB0287S01 Return of Weapons Recovered by Law Enforcement (Stratton) amends the procedures for the return or disposal of weapons recovered by law enforcement. Requires a law enforcement agency to return a firearm in its possession to the legal owner under certain requirements for proof of ownership and lawfulness of possession; and makes a sworn declaration acceptable evidence of ownership of property.

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