ARIZONA STATE SENATE

49TH LEGISLATURE

SECOND REGULAR SESSION

 

MINUTES OF COMMITTEE ON

JUDICIARY

 

DATE:

January 25, 2010

TIME:   1:30 p.m.

ROOM: SHR1

 

 

 

 

CHAIRMAN:

Senator Paton

VICE-CHAIRMAN:

Senator Huppenthal

 

 

 

 

ANALYST:

Garth Kamp

INTERN:

Brian Chafey

 

 

 

 

ASSISTANT

ANALYST:

 

Dakotah Pratt-Hewitt

COMMITTEE

SECRETARY:

 

Shelley Ponce

 

 

 

 
ATTENDANCE
BILLS

Committee Members
Pr
Ab
Ex
Bill Number
Disposition

Senator Burton Cahill

X

 

 

SB 1009

HELD

Senator Cheuvront

X

 

 

SB 1021

DP

Senator C. Gray

X

 

 

SB 1059

DP

Senator Miranda

X

 

 

SB 1061

DP

Senator R. Pearce

X

 

 

SB 1062

DP

Senator Huppenthal, Vice-Chairman

X

 

 

SB 1068

DP

Senator Paton, Chairman

X

 

 

SB 1088

HELD

 

 

 

 

SB 1098

HELD

 

 

 

 

SB 1101

DPA

 

 

 

 

SB 1102

HELD

 

 

 

 

SB 1153

DP

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Chairman Paton called the meeting to order at 1:51 p.m. and attendance was taken.

 

CONSIDERATION OF BILLS

 

SB 1102 – concealed weapons; permit; justification – HELD

 

Senator Paton announced that SB 1102 would be HELD.

 

SB 1068 – military overseas voting; ballot arguments – DO PASS

 

Garth Kamp, Judiciary Committee Analyst, explained SB 1068.

 

Ken Bennett, Arizona Secretary of State, testified in support of SB 1068.

 

Senator Huppenthal moved SB 1068 be returned with a DO PASS recommendation. The motion CARRIED by a roll call vote of 7-0-0 (Attachment 1).

 

SB 1009 – juvenile prosecutions; adult court; age – DISCUSSION/HELD

 

Garth Kamp, Judiciary Committee Analyst, explained SB 1009.

 

Senator Paton noted the individuals who registered their position on the bill (Attachment A).

 

Senator Linda Gray, bill sponsor, further explained SB 1009.

 

Beth Rosenberg, Children's Action Alliance, distributed “Youth in the Adult Criminal Justice System” (Attachment B) and testified in support of SB 1009.

 

Paul Ahler, Executive Director, Arizona Prosecuting Attorneys' Council, testified as neutral and explained the implications of SB 1009.

 

Kathleen Mayer, Pima County Deputy Attorney, Pima County Attorney's Office, answered questions posed by the committee.

 

Carol Boone, representing herself, testified in support of SB 1009.

 

Chris Phillis, representing herself, testified in support of SB 1009.

 

Senator Paton announced that SB 1009 would be HELD.

 

SB 1088 – juveniles; discretionary transfer; adult court – DISCUSSION/HELD

 

Garth Kamp, Judiciary Committee Analyst, explained SB 1088.

 

Senator Linda Gray, bill sponsor, further explained SB 1088.

 

Beth Rosenberg, Children's Action Alliance, testified in support of SB 1088.

 

Kathleen Mayer, Pima County Deputy Attorney, Pima County Attorney's Office, testified in opposition to SB 1088.

Robin Lubitz, representing himself, testified in support of SB 1088.

 

Carol Boone, representing herself, testified in support of SB 1088.

 

Chris Phillis, representing herself, testified in support of SB 1088.

 

Senator Paton announced that SB 1088 would be HELD.

 

SB 1021 – justification; defensive display; firearm – DO PASS

 

Dakotah Pratt-Hewitt, Judiciary Committee Assistant Analyst, explained SB 1021.

 

John Wentling, Vice President, Arizona Citizens Defense League (AZCDL), testified in support of SB 1021.

 

Senator Paton noted the individuals who registered their position on the bill (Attachment A).

 

Senator Huppenthal moved SB 1021 be returned with a DO PASS recommendation. The motion CARRIED by a roll call vote of 4-1-2 (Attachment 2).

 

Senators Chuck Gray and Burton Cahill explained their votes.

 

SB 1153 – state preemption; knives – DO PASS

 

Brian Chafey, Judiciary Committee Intern, explained SB 1153.

 

Dale Wiebusch, Legislative Associate, League of Arizona Cities and Towns, testified in opposition to SB 1153.

 

Todd Rathner, Legislative Consultant, Arizona State Rifle & Pistol Association, testified in support of SB 1153.

.

Senator Paton noted the individuals who registered their position on the bill (Attachment A).

 

Senator Huppenthal moved SB 1153 be returned with a DO PASS recommendation. The motion CARRIED by a roll call vote of 4-3-0 (Attachment 3).

 

Senator Burton Cahill explained her vote.

 

SB 1101 – firearms; detention officers – DO PASS AMENDED

 

Dakotah Pratt-Hewitt, Judiciary Committee Assistant Analyst, explained SB 1101 and the 8-line Pearce amendment dated 01/21/10 at 4:22 p.m. (Attachment C).

 

Senator Paton noted the individuals who registered their position on the bill (Attachment A).

 

Senator Pearce moved SB 1101 be returned with a DO PASS recommendation.

 

Senator Pearce moved the 8-line Pearce amendment dated 01/21/10 at 4:22 p.m. (Attachment B) be ADOPTED.  The motion CARRIED by voice vote.

Senator Pearce moved SB 1101 be returned with an AS AMENDED, DO PASS recommendation.  The motion CARRIED by a roll call vote of 4-2-1 (Attachment 4).

 

SB 1098 – Arizona manufactured firearms; regulation. – HELD

 

Senator Paton announced that SB 1098 would be HELD.

 

SB 1059 – human trafficking; definition – DO PASS

 

Dakotah Pratt-Hewitt, Judiciary Committee Assistant Analyst, explained SB 1059.

 

Senator Paton noted the individuals who registered their position on the bill (Attachment A).

 

Senator Pearce moved SB 1059 be returned with a DO PASS recommendation. The motion CARRIED by a roll call vote of 6-0-1 (Attachment 5).

 

SB 1061 – incest; classification – DO PASS

 

Brian Chafey, Judiciary Committee Intern, explained SB 1061.

 

Greg Stanton, Director of Legislative Affairs, Arizona Attorney General's Office, testified in support of SB 1061.

 

Tim Linnins, Assistant Attorney General, Attorney General’s Office, answered questions posed by the committee.

 

Senator Paton noted the individuals who registered their position on the bill (Attachment A).

 

Senator Pearce moved SB 1061 be returned with a DO PASS recommendation. The motion CARRIED by a roll call vote of 6-0-1 (Attachment 6).

 

Senator Pearce explained his vote.

 

SB 1062 – sentencing; prior convictions; methamphetamine – DO PASS

 

Garth Kamp, Judiciary Committee Analyst, explained SB 1062.

 

Senator Paton noted the individuals who registered their position on the bill (Attachment A).

 

Greg Stanton, Director of Legislative Affairs, Arizona Attorney General's Office, testified in support of SB 1062.

 

Senator Pearce moved SB 1061 be returned with a DO PASS recommendation. The motion CARRIED by a roll call vote of 6-0-1 (Attachment 7).

 

 

 

 

 

 

There being no further business, the meeting was adjourned at 3:42 p.m.

 

 

Respectfully submitted,

 

 

 

        Shelley Ponce

                                                              Committee Secretary

 

(Audio recordings and attachments on file in the Secretary of the Senate’s Office/Resource Center, Room 115. Audio archives are available at http://www.azleg.gov)

 

 

 

 

 

 

 

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                        Committee on Judiciary

            5          January 25, 2010

 

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