Judiciary Committee- House
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Transcript
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Bills discussed (5)
| Bill | Title | Sponsor | Status |
|---|---|---|---|
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HB1004
Act 429
· 4 mentions in agenda, chapter, transcript
Matched: “…Rep. Nicole Clowney REGULAR AGENDA Number Sponsor Subtitle HB1004 Fortner PROHIBITING A PERSON REQUIRED TO REGISTER AS A SEX…”
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PROHIBITING A PERSON REQUIRED TO REGISTER AS A SEX OFFENDER FROM ENTERING CERTAIN LOCATIONS DESIGNED … | Fortner | Notification that HB1004 is now Act 429 |
|
HB1119
Act 87
· 4 mentions in chapter, transcript, agenda
Matched: “HB1119 Lundstrum CONCERNING THE FIRST AND SECOND DISTRICTS OF THE…”
|
CONCERNING THE FIRST AND SECOND DISTRICTS OF THE STATE DISTRICT COURT SYSTEM; AND TO DECLARE … | Lundstrum | Notification that HB1119 is now Act 87 |
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HB1185
Act 55
· 4 mentions in transcript, agenda, chapter
Matched: “members we're moving to house bill 1185 it's on the consent agenda does anyone have an objection to…”
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CONCERNING THE JUDICIAL OR ADMINISTRATIVE TRANSFER OF AN INMATE TO THE DIVISION OF COMMUNITY CORRECTION. | Dalby | Notification that HB1185 is now Act 55 |
|
HB1114
Act 625
· 3 mentions in transcript, agenda
Matched: “…ll come to order uh chair sees a quorum members make a note house bill 1114 which was set on today's calendar the sponsor has requested…”
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CONCERNING THE SUPERVISION FEE FOR PROBATION AND PAROLE. | Wardlaw | Notification that HB1114 is now Act 625 |
|
HB1005
· 2 mentions in transcript
Matched: “house bill 1005 by representative mayberry will be running next tuesday and…”
|
TO ESTABLISH THE SUPPORTED DECISION-MAKING AGREEMENT ACT. | J. Mayberry | Died on House Calendar at Sine Die Adjournment |
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house judiciary will come to order uh chair sees a quorum members make a note house bill 1114 which was set on today's calendar the sponsor has requested that it be moved to tuesday january the 26th which is next tuesday a week from today so make that notation that will be on the calendar it will be running then we will also have another bill i know already on that one it's going to be
house bill 1005 by representative mayberry will be running next tuesday and those are the only two at this point in time there may be some others and i'll let you know but put those down so you'll be able to take a look at those in plenty of time also i'd like to make the announcement the house Judiciary Committee photo will be Tuesday. Everything's happening next Tuesday, the 26th. It'll be at 2.10 or 10 minutes upon adjournment of the House. I think we'll be out in plenty of
time. We can count on 10 minutes after the adjournment of the House, then we'll come over here for our meeting. It's going to be on the House steps, the steps leading up to the House. Please wear your mask. So put that on your calendar. Don't forget, come in your best Bib and tucker on tuesday i think that is all the announcements we have this afternoon
we will begin with our consent agenda does anyone have any opposition to hearing the consent agenda
house bill 1119 is on the consent agenda do i see any opposition if not i would recognize Representative Lundstrom to present House Bill 1119. Representative Lundstrom has also had put at each one of your places kind of a little summary and I think Ben Barham you're back there somewhere I can't see there you are with the plexiglass if you'll come on up and sit next to Representative Lundstrom Mr. Barham's with the court system administrative office of
courts, and if you have any additional questions, he's here for informational purposes. With that,
Chair
Unverified
2:11
Representative Lindstrom, you're recognized to present your bill.
Representative Robin Lundstrum
Unverified
2:16
Thank you, Chairman Dalby. Colleagues, basically on August the 11th, 2020, the city of Springdale and the city of Bethel Heights, and they annexed and joined. Bethel Heights is now a proud member of Springdale, and we're glad to have them. The marriage has taken place. Housekeeping, the honeymoon has happened. Housekeeping has been set up. Everything is going well. There's only one problem. Bethel
Heights courts has to be officially dissolved and added into Springdale. And that means that everything is done except the paperwork. So here we are doing the paperwork. I think that's a pretty good sum up. This is revenue neutral. There's no opposition. And there's no, there's nothing to contest except we need to say grace over it. And that's why I'm here. members are there any questions
mr brome is there anything you'd like to add no madam chair with that members do we have a motion i have a motion representative crawford
you're recognized whoops wait wait i've got a preview you're good it should turn
red i make a motion for do pass members we have a motion to do pass on house bill 1119 is there any discussion all in favor please say aye any opposed say no motion carries congratulations you have passed your bill thank
you colleagues representative smith can you come take the chair please
members we're moving to house bill 1185 it's on the consent agenda does anyone have an objection to it being on
this agenda i see no objection Mr. Chair,
if it's all right, if I may have Secretary
Chair
Unverified
4:46
Solomon Graves with me today. Yes. Thank you.
All right. Are you ready to present your bill, Chairman Dalby? I am. Thank you. Members, this is House Bill 1185. It comes from the Department of Corrections. What this bill is, is really putting into the statute what has been the practice, in essence. Oftentimes, when an inmate is committed to the Department of Corrections,
They may have a drug, alcohol problem, sometimes substance abuse problem. We have community correction centers for that. The judges often will send it some to that. What they're doing is they're sending some to the Department of Corrections. What the department is asking is once they get into their system, if for some reason it better fits that inmate, go to the department to the community corrections division of the department that the department has asked that they be able to make that administrative transfer. It makes sense. It does not shorten the term of which someone has
been committed to the prison system. All it does is it gets them over into the right placement so that they can get treatment. So you will see in there that it says commitments for judicial our administrative transfer and that's all it does it's allowing the department upon having this inmate into the system to find out that they're better suited for the community correction facilities and with that i
would ask secretary graze if he has anything additional to
Speaker 19
6:17
add. Vice Chair Smith, I think Chairwoman Dalby summed it up exactly what this bill does is simply allow the department to get people into treatment who need who need treatment instead of having them in the division of correction which has a fairly large wait list for alcohol drug treatment programs at the moment thank you and I'll be happy to entertain any
questions committee are there any
Chair
Unverified
6:53
questions for chairman Dalby or secretary Graves all right I see representative Ferguson you're recognized oh I just wanted to make a motion at the proper
Representative Kenneth B. Ferguson
Unverified
7:08
time Mr. Chair. All right. Thank you. Mr. Vice Chair, I'm closed for
Chair
Unverified
7:21
my bill. Okay. All right. Representative Ferguson, are there any discussions, any other issues that we need to discuss for this bill?
Seeing none, Representative Ferguson, would you like to make your motion? Motion do pass. all right all those in favor of a do pass motion on this bill let it be known by saying aye any opposed and there is none congratulations you passed
All right, members, let's go up to our regular agenda.
Let's turn to House Bill 1004 by Representative Fortner. Representative Fortner, you're recognized to present
Representative Jack Fortner
Unverified
8:39
your bill. Thank you, Madam
Chair
Unverified
8:42
Chairman. House Bill 1004 is a very short one sentence In addition to an existing law, what we're doing is adding the words wave pool, splash pad, water slide, water feature, or other areas dedicated to aquatic activities.
What this bill is doing is being more specific, and the reason it is, as is so many times with us, there was a community built a splash pad in my district two years ago, and they a tremendous turnout. Literally hundreds of children came and there was a convicted sex offender came and was taking pictures. And the parents, he was known in the community,
the parents asked the police to remove him. And so the sheriff sent deputies out there and When they got there, the man is a very educated man, and he knows the law. And he had a copy of this bill. And he handed it to the officer, this bill excluding the additions I'm making. And he handed it to the officer, and he said, If you arrest me, I will sue you, because me being here is not covered in this bill.
this is a splash pad and it does not specify splash pad all season long the sheriff's department paid an officer to stay at that facility and monitor his activities at the end of the season they asked me if I could make a correction on this bill so that's what I'm trying to do is simply make a correction on this bill I'm not trying to write a new law I'm trying to make a good law better I'm not trying to be mean-spirited. I'm trying to protect the children and
that's that's the bill and I'm willing to
take questions. Representative Ferguson you're recognized.
Representative Kenneth B. Ferguson
Unverified
11:08
Thank you madam chair. Representative Fortner I'm not against your bill but I do have one concern in my city we have an aquatic center and aquatic building and has a swimming pool in it but they have other activities in this building that has
nothing to do with swimming and sometimes they have activities in the building and the swimming pool is not operational or not nothing is going on with it does this bill prohibits I think it has a level sex offenders three and four does it prohibit somebody from coming to an activity because there's a swimming pool in it but if the swimming pool is not utilized and if in other
parts of the building they've got a different kind of activity there does that prohibit that person from coming
Speaker 40
11:59
to that activity that's a good question and And
Chair
Unverified
12:05
in my opinion, it does not. This is water activities where children are in swimming suits, not fully dressed. It's to protect the children. It's not to prohibit someone's, it's not to limit somebody's activities. In my opinion, now, I'm sure somebody a lot smarter than me would have to answer that truly.
Speaker 40
12:29
And I don't know how I would write a bill
Representative Kenneth B. Ferguson
Unverified
12:39
to, you know, cover all eventualities. yeah can i have one more follow-up question madam chair you're recognized so if the swimming pool the city of pine love if their aquatic center if that swimming pool and people are coming in swimming but yet there's another activity going on in the building then the person can't come in for the other activity because the swimming pool
is being utilized is that am i am i off base there i don't know that
Chair
Unverified
13:09
you're off base but i don't think if the whole building is considered a water park or a facility that fits this i guess the answer would be yes okay thank you madam chair representative collins you're recognized thank you madam chair and thank you representative
Representative Andrew Collins
Unverified
13:34
fortner i appreciate what you're doing here and we've talked about this but i do want to just ask the question to you so the way it's written to me is that any recreational aquatic facility that feature that has among its features any water feature or other area dedicated to aquatic activities is covered but i don't believe we have a definition of water feature or a definition of an area dedicated to aquatic activities that limits it at all so to me it seems like and
correct me if i'm wrong a water feature could be something like a fishing hole or a lake within a locally owned park and then somebody who is in one of these categories could not knowingly enter that entire park that to me is not probably what you're intending with this bill but i'm afraid that the language does mean that so i guess my question is is that your understanding that water feature or other area dedicated to aquatic activities would include something
like aquarium or lake or fishing hole or would it not and and i guess why I think
Chair
Unverified
14:53
the easiest answer, Representative Collins, is yes, I think those would fall under the
Speaker 46
14:59
definition of water feature. Representative Flowers, you're recognized.
Representative Vivian Flowers
Unverified
15:15
Thank you. Thank you. Representative Fortner, as you described what happened in your district, I got
chill bumps and not in a good way, and I was mortified at the thought that something like that could happen at the splash pad in my community, especially with the brazen intentions that you described from that person who was taking the pictures. and I'm wondering, so there are a couple of things that I'm thinking about in addition to what
Representative Ferguson expressed because the water splash pad is actually in my district. I'm wondering if the language could be very specifically tailored to protect children so that anyone who has been convicted of a level three and level four and is registering could be prohibited from, um, being within a certain proximity of children and, and taking pictures
like to deal with that particular issue. And the reason that I'm asking that is, um, there is, there are people who have been convicted of, um, crimes that rise to a level three or four that don't involve children, but people who have children, who might need to take care of their kids and take them to the splash pad, who don't have those intentions. And the other issue that I would think about is there is a man in my district whose mom called me and she's been
advocating for him all year. He actually came from another state and they gave me information that he never should have, that he never committed, you know, a sex crime. And so when I think about, you know, situations like that, where he came from another state and there's some question as to whether or not, you know, he should even be registering, you know, I'm wondering if there could be an opportunity to hone in on that language and make sure it addresses what your
concerns are and what mine are now as a result of, you know, you sharing what happened in your district versus this sort of all-encompassing language that could prevent people who may have committed offense, may have to register, but have children
and have never violated children? Thank you. Is that a question? Yes, it is a question. Do
Speaker 54
18:01
you agree? Well, I'm asking, would you be willing to
Chair
Unverified
18:05
work on the language? Thank you, Representative Flowers.
And I understand completely what you're saying. And And I, as we all do, well, I'm assuming, as I have to, I rely on the people at BLR. I tell them my heart, my intent, and my needs, and they write it up what they deem is the best, most efficient manner. That's what I believe that I had here. I guess what I need to tell you all is another part about my feelings.
I don't want to be the judge. Someone else has already arrested, tried by their peers, convicted, sentenced, all these people. I didn't do that. It's my job to protect the children. And that's all I'm trying to do. I'm not trying to, I can't right a wrong, that sounds like it was, that man was wronged. And I don't doubt that that happens, but I just, I want to protect the children.
I don't want this to happen anymore there, and that's why I'm bringing this to you all. Representative Richmond, you're
Representative Marcus E. Richmond
Unverified
19:34
recognized. Thank you, Madam Chair. Representative Fortner, you know, I think you've got an important bill here. I think it covers something that's incredibly important out there. It's going to shut down a gap that presently exists. And I know that you want this bill to pass.
I want this bill to pass, and I think most of the people in here would like for it to pass. But I think that you need to take a really good bill and go make it better. and that's what I would suggest at this point so that we don't have a bill that fails because of technicalities. Look around you got a room full of lawyers in here their whole job is to make something that's black and white and turn it into gray and that's they're very successful at that and that's what's going to happen with this and that's why it may not happen here but it could
very well happen on the senate end that I truly believe that you need to address some of these concerns because they are concerns on this thing and if you do that then i think that you will achieve what you're trying to do otherwise i'm concerned and i don't want to see this go away because i think it's necessary and needs to be done thank
you madam chair members any other questions you need to hit your button representative scott
Representative Vivian Flowers
Unverified
21:02
can you hear me you're recognized oh okay i was just gonna make a motion at the proper time to allow him
to take the bill down to work on it and bring it back to it hang on i'm not sure that that's a that's a valid motion we'll come
Representative Jay Richardson
Unverified
21:22
back to that in just a minute representative richardson you're recognized thank you madam chair uh representative for now just in in my area specifically in my district we have a lot of private and city partnerships right so there's a splash pad that's there that is partly a private entity that is partnered with the city
so when you look at your bill how will this will this be addressed in there as well because there's a lot of that going on in not only my area but in the city itself because in your bill it reads anything that's owned by government property but if it's partially owned by a private entity how is that impacted as well and I don't and I don't know if you can answer that right now it's just maybe something to think about and and how you go forward with the
bill thank you madam chair members any other questions representing Fortner I don't believe we have anyone who
signed up to speak for or against the bill. Are you ready to
Chair
Unverified
22:18
close for your bill? Well, Madam Chairman, I guess a wise man would listen to the attorneys on judiciary and perhaps tweak this a little bit. I don't know exactly how to phrase that, but I... Well, Representative Fortner, would you like
to pull your bill down from the committee so that you'll have an opportunity to go back and look at the bill
Chair
Unverified
22:43
after hearing the comments from the committee? I will, but let me ask a question. Certainly. And this will probably show my ignorance, which is not hard to do. I am willing to listen to the comments that you have made and make some tweaks, I am not willing to change this bill
to the extent that it would provide any less protection to the children under any circumstance. So if you all can give me some nods of the head that we can do that, I'll pull this down and bring it back. If not, I'll just leave it here and
you guys can vote no and face
your constituents. Well, I'm going to address my committee members. We don't negotiate in committee meeting. So I would appreciate it that, you know, we can't make promises. But you're the author of your bill. If you wish to present your bill, and I will ask for a motion on your bill in a moment if you wish to stand with the way it is, that's fine.
if you wish to pull it down i just need to know if if you're closed and you want to present it as is just let me know is that what you want to do or do you want to pull your
bill down i'll let representative richmond is asked to speak to you and i'll allow that
Chair
Unverified
24:31
Representative Fortner, you're recognized. Thank you for your indulgence, Madam Chairman. I'll pull the bill
down. Members, Representative Fortner has requested to pull his bill down. Is there any opposition to allowing him to do that? i see
no opposition representative fortner will allow you to pull your bill down and bring it
back to us another day we'll be happy
to take it up again thank you thank you members that is all the business that we have once again i want to remind you that we have a couple of bills set for tuesday so make a note of those that's going to be house bill 1005 house bill 1114 will be heard tuesday also we're having our picture made so get your hair done representative ferguson it'll take you a while but see what you can do to get that hair in place so
we're looking so we'll be looking good uh members if you haven't heard the bill that we've all been watching obviously out of the senate did pass what people have referred to as stand your ground it will not be heard Tuesday. If it's going to be heard, it will be the only bill heard when it's heard. It will be the only bill heard on that particular day. You will have plenty of time to know that. I don't believe we have any other announcements. So with that, I will see you next Tuesday. Meeting adjourned.
Agenda
CONSENT AGENDA *Bills in Red added 01-19-2021
HB1119 Lundstrum CONCERNING THE FIRST AND SECOND DISTRICTS OF THE STATE DISTRICT COURT SYSTEM; AND TO DECLARE AN EMERGENCY.
HB1185 Dalby CONCERNING THE JUDICIAL OR ADMINISTRATIVE TRANSFER OF AN INMATE TO THE DIVISION OF COMMUNITY CORRECTION.
REGULAR AGENDA
HB1004 Fortner PROHIBITING A PERSON REQUIRED TO REGISTER AS A SEX OFFENDER FROM ENTERING CERTAIN LOCATIONS DESIGNED FOR PUBLIC AQUATIC ACTIVITIES.
Documents
| Title | Type | Pages | Source |
|---|---|---|---|
| Agenda — JUDICIARY COMMITTEE- HOUSE, Jan 19, 2021 | Agenda | 1 | Official source ↗ |
Speakers
Representative Carol Dalby Chair
Unverified
Chair
Unverified
Representative Robin Lundstrum
Unverified
Speaker 19
Representative Kenneth B. Ferguson
Unverified
Speaker 33
Representative Jack Fortner
Unverified
Speaker 40
Representative Andrew Collins
Unverified
Speaker 46
Representative Vivian Flowers
Unverified
Speaker 54
Representative Marcus E. Richmond
Unverified
Representative Jay Richardson
Unverified