Lawmakers consider bills targeting police searches, among others

Lawmakers consider bills targeting police searches, among others

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SALT LAKE CITY — Utah lawmakers examined bills that would impact the way police conduct searches this week.

They also considered bills dealing with child trafficking, medical marijuana use, nondiscrimination laws and Utah schools.

Here are the highlights from these stories:

Senate passes bill changing police forcible entry laws

Some police officers serving search warrants would have to wear body cameras when forcibly entering a home or building, according to a bill the Utah Senate passed Tuesday.

SB82 requires law enforcement agencies that own body cameras to use them through the duration of the execution of a warrant. Officers also must wear a badge, label or clothing that identifies them as police.

The bill would also ban police from forcible entry based solely on allegations of drug use or possession.

Bill sponsor Sen. Steve Urquhart, R-St. George, said the bill aims to balance when it is and isn't appropriate for law enforcement to go through someone's door.

House passes bill allowing police to use drones without a warrant

A bill allowing police to use unmanned aerial vehicles without a search warrant to search for missing people, survey crash sites and train officers was approved Tuesday by the House.

Rep. Scott Sandall, R-Tremonton, the sponsor of HB296, said the legislation is not intended to not change expectations of privacy from drones operated by law enforcement.

But Rep. Mike Noel, R-Kanab, asked if he'd be able to take a shotgun should he see a drone over his property "and blow it out of the sky," joking it was open season on what amounted to an expensive clay pigeon.

Sandall said Noel would have to deal with law enforcement should he take that action.

Bill to simplify prosecution of child trafficking passes Senate committee

A Senate panel supported a bill Monday that would streamline the prosecution of child trafficking.

The Senate Judiciary, Law Enforcement and Criminal Justice Committee voted 5-0 to favorably recommend HB252 to the full Senate.

Bill sponsor House Minority Leader Brian King, D-Salt Lake City, said the bill would eliminate a requirement in state law that prosecutors must prove fraud or coercion for a conviction of human trafficking of a child, which is a first-degree felony.

King said the average age of minors involved in human trafficking cases is 12 to 14 years old.

“That’s the average age,” he said. “Think about how many kids are younger than that. We need to do something.”

Human traffickers generate billions of dollars in profits by victimizing millions of people in the U.S. and around the world, with roughly 2 million victims who are children and 1.5 million victims in North America, said Attorney General Sean Reyes. Human trafficking is now “the second most lucrative criminal enterprise,” behind only drug trafficking, he said.

Medical marijuana debate to be continued, while new poll shows strong support

An anticipated debate on medical marijuana fizzled in the Utah Senate on Monday when the bill sponsor's fast-talking pitch left little time for questions from his colleagues.

Sen. Mark Madsen, R-Saratoga Springs, used up nearly all the allotted 30-minute debate period before asking for a vote on SB259. Sen. Todd Weiler, R-Woods Cross, strongly objected and Madsen withdrew his motion.

The Senate could pick up the discussion again Tuesday. Madsen said he intends to make changes before bringing it back.

Meantime, a poll released Monday shows strong support in Utah for medicinal marijuana use.

The survey conducted for Libertas Institute and the Drug Policy Project of Utah showed 72 percent of likely Utah voters believe certain doctors should be able to recommend medical cannabis to their patients with serious conditions.

Support for medical marijuana was consistent across every demographic group, including 66 percent of Republicans, 67 percent of self-described LDS or Mormon respondents, and 64 percent of respondents over age 65, according to the poll.

Utah lawmakers say they're close on nondiscrimination, religious rights bill

Much anticipated legislation combining religious rights and protections against workplace and housing discrimination of LGBT Utahns could be filed as early as Tuesday.

Lawmakers involved in crafting the bill say they're all but ready to make it public. They and various interest groups met for six hours Sunday putting some of the final touches on the content and working to address any possible legal challenges.

Senate Majority Whip Stuart Adams, R-Layton, said it hasn't been easy but they're getting close. He described it as trying to keep jackrabbits on a flatbed truck.

"You get them all on and you can imagine how hard they are to keep there. That feels like that process here. But there are positive things going on, so hopefully things stay together. If they do, hopefully tomorrow we might have something," he said.

Adams, Sen. Jim Dabakis, D-Salt Lake City, Sen. Steve Urquhart, R-St. George, and Rep. Brad Dee, R-Ogden, formed a working group to draft a bill for the Legislature.

If the bill comes out Tuesday, it could be scheduled for a Senate committee hearing Thursday. Adams said the legislation is significant enough that it needs hearings in both the Senate and House. The legislative session ends a week from Thursday.

Adams wouldn't discuss specifics of the bill, but said, "I think I have enough that probably everybody's just going to be a little unhappy, and that's usually when you have consensus. … I think there'll be some people that are thrilled and some people that aren't."

Bill would place limits on splitting school districts

Lawmakers approved a bill Monday that would implement financial safeguards for when school districts split, keeping revenues in line with costs.

HB93, first introduced more than a month ago, would require that in order to form new school districts by splitting an old one, projected income in the new districts would not be allowed to exceed the projected costs by more than 5 percent.

There are currently three ways a school district can split, including a citizens initiative petition, the school board of the existing district can approve a split, or a city council can approve a split at the request of local stakeholders. HB93 would only apply to the last approach.

"This bill is about making sure that in the creation of a new school district we don't end up with a situation where we have 70 percent of the tax base and 30 percent of the kids (in one district), or even worse, 70 percent of the kids and 30 percent of the tax base (in the other)," said bill sponsor Rep. Craig Hall, R-West Valley City.

A splitting district would not be bound by the policy if stakeholders enter into an interlocal agreement with every involved municipality about the terms of the split.

House approves bill to keep sexual offenders out of classroom

The House on Monday unanimously approved a bill that would answer two questions: Should a person convicted of a felony sexual crime be allowed in the classroom, and who has final say when it comes to teacher licensure in Utah?

HB345 would permanently restrict a person convicted of a felony sexual crime from obtaining or renewing a teaching license in Utah. The restriction would also apply to teaching license applicants or prospective school volunteers who were convicted of other offenses, such as engaging in sexual conduct with a minor, or with a student who is not a minor but is enrolled at the school where the applicant is or was employed.

Brad Smith, state superintendent of public instruction, said education leaders will likely develop a list over the next year identifying additional behaviors, such as violent crimes, that would preclude a person from being a teacher.

"We can all agree at present that sexual crimes should preclude one from entering the classroom again — ever. And that's what the bill does," Smith said. "It is not a universal listing. For example, I would propose that someone who is engaged in behavior that might constitute attempted murder probably should be precluded from a classroom again. We're not defining that because we know we have substantial additional work to do."

The bill also defines the State School Board as having the power to approve or revoke educator licenses, and it moves the Utah Professional Practices Advisory Commission into its intended advisory role to the board instead of having independent rule-making authority.

Bill sponsor Rep. Daniel McCay, R-Riverton, said the bill is a "reboot" of rule making authority, and it would help protect other teachers who work to maintain a safe school environment.

More college and career training needed for school counselors, lawmakers say

School counselors are trained to help students graduate from high school. But Utah lawmakers are hoping to better equip school counselors with the knowledge and skills necessary to help students prepare for college and beyond.

HB198 would appropriate a $440,000 grant from the education fund to create an online training program to certify counselors as "highly skilled" at providing college and career counseling, helping students enroll in necessary courses and find scholarships where available.

"Just like we want to have a teacher who's up to date on math or science and have specific training there, we want to make sure that our counselors have specific training in college and career readiness," bill sponsor Rep. Patrice Arent, D-Millcreek, said Monday.

The bill requires the Utah State Office of Education to collaborate with the Utah State Board of Regents, industry partners and other stakeholders to develop the 120-hour program for working counselors who choose to participate.

The one-time funding appropriation would be enough to enroll about 600 counselors. If demand for the program is high, the Legislature may consider appropriating additional funds, Arent said.

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