ARIZONA STATE SENATE

49TH LEGISLATURE

FIRST REGULAR SESSION

 

MINUTES OF COMMITTEE ON

JUDICIARY

 

DATE:

June 19, 2009

TIME:   Upon recess or adjournment of Floor

ROOM:  SHR1

 

CHAIRMAN:

Senator Paton

VICE CHAIRMAN:

Senator Huppenthal

 

 

ANALYST:

Christina Estes-Werther

ASSISTANT

ANALYST:

Dakotah Pratt-Hewitt

 

RESEARCH

ASSISTANT:

 

Monica Pineda

COMMITTEE

SECRETARY:

 

Shelley Ponce

 

ATTENDANCE

BILLS

 

Committee Members

Pr

Ab

Ex

Bill Number

Disposition

Senator Burton Cahill

X

 

 

HB2474

HELD

Senator Cheuvront

X

 

 

HB 2569

DP

Senator C. Gray

X

 

 

SB 1068

HELD

Senator Miranda

X

 

 

SB 1087

DPA/SE

Senator Pearce

X

 

 

SB 1120

DPA

Senator Huppenthal, Vice Chairman

X

 

 

SB 1199

DPA/SE

Senator Paton, Chairman

X

 

 

SB 1270

DPA/SE

 

 

 

 

SB 1279

HELD

 

 

 

 

SB 1340

DPA

 

 

 

Chairman Paton called the meeting to order at 2:56 p.m. and attendance was taken.

 

CONSIDERATION OF BILLS

 

SB 1279 – equine tripping – HELD

 

Senator Paton announced that SB 1279 would be HELD.

 

SB 2474 – firearms; storage; motor vehicles – HELD

 

Senator Paton announced that SB 2474 would be HELD

 

SB 1270 – firearms possession; concealed weapons permit – DO PASS AMENDED/STRIKE EVERYTHING

 

Senator Sylvia Allen, bill sponsor, explained the 6-page Paton strike everything amendment dated 06/17/09 at 11:42 a.m. (Attachment A).

 

Terry Goddard, Attorney General, State of Arizona, testified in opposition to the strike everything amendment.

 

Greg Stanton, Deputy Attorney General, Legislative Affairs, Arizona Attorney General's Office, answered questions posed by the committee.

 

Dave Kopp, President, Arizona Citizens Defense League, Inc., testified in support of the strike everything amendment.

 

Jennifer Laroque, Lieutenant, City of Phoenix Police Department, testified in opposition to the strike everything amendment.

 

Robert Blackmer, representing himself, testified in support of the strike everything amendment.

 

John Leavitt, Assistant Chief of Police, Tucson Police Department, AACOP, testified in opposition to the strike everything amendment.

 

Senator Paton noted the names of individuals who registered their position on the bill (Attachment B).

 

Senator Huppenthal moved SB 1270 be returned with a DO PASS recommendation. 

 

Senator Huppenthal moved the 6-page Paton strike everything amendment dated 06/17/09 at 11:42 a.m. (Attachment A) be ADOPTED. 

 

Senator Huppenthal moved the following verbal amendment (Attachment C) to the amendment:

 

Page 5, strike lines 5, 6 and 7

 

The motion CARRIED by a voice vote.

 

Senator Huppenthal moved the 3-line Pearce amendment dated 06/18/09 at 3:51 p.m. (Attachment D) to the strike everything amendment be ADOPTED.  The motion CARRIED by a voice vote.

 

Senator Huppenthal moved the moved the 6-page Paton strike everything amendment dated 06/17/09 at 11:42 a.m. (Attachment A) be ADOPTED AS AMENDED.  The motion CARRIED by a voice vote.

 

Senator Huppenthal moved SB 1270 be returned with an AS AMENDED, DO PASS recommendation.  The motion CARRIED with a roll call vote of 4-3-0 (Attachment 1).

 

Senators Cheuvront, Miranda, Pearce, Huppenthal, Burton Cahill and Paton explained their votes.

 

SB 1199 – technical correction; insurance; uniform plans – DO PASS AMENDED/STRIKE EVERYTHING

 

Christina Estes-Werther, Judiciary Committee Analyst, explained the 2-page Huppenthal strike everything amendment dated 06/10/09 at 10:59 a.m. (Attachment E).

 

John Schrolucke, representing himself, testified in support of the strike everything amendment.

 

Senator Huppenthal moved SB 1199 be returned with a DO PASS recommendation. 

 

Senator Huppenthal moved his 2-page amendment dated 06/10/09 at 10:59 a.m. (Attachment E) be ADOPTED.  The motion CARRIED by voice vote.

 

Senator Harper moved SB 1199 be returned with an AS AMENDED, DO PASS recommendation.  The motion CARRIED with a roll call vote of 5-0-2 (Attachment 2).

 

Senator Gray explained his vote.

 

SB 1087 – aggravated domestic violence; violation – DO PASS AMENDED/STRIKE EVERYTHING

 

Christina Estes-Werther, Judiciary Committee Analyst, explained the 4-page Paton strike everything amendment dated 06/18/09 at 8:53 a.m. (Attachment F).

 

Lee Miller, Lobbyist, Arizona Republican Party, testified in support of the strike everything amendment.

 

Senator Paton noted the names of individuals who registered their position on the bill (Attachment B).

 

Senator Huppenthal moved SB 1087 be returned with a DO PASS recommendation. 

Senator Huppenthal moved the 4-page Paton strike everything amendment dated 06/18/09 at 8:53 a.m. (Attachment F) be ADOPTED.  The motion CARRIED by voice vote.

 

Senator Huppenthal moved SB 1087 be returned with an AS AMENDED, DO PASS recommendation.  The motion CARRIED with a roll call vote of 7-0-0 (Attachment 3).

 

Senators Gray, Pearce and Paton explained their votes.

 

SB 1068 – aggravated assault; strangulation and suffocation – HELD

 

Christina Estes-Werther, Judiciary Committee Analyst, explained SB 1068.

 

Kathleen Mayer, Deputy Pima County Attorney, Pima County Attorney's Office, testified in support of SB 1068.

 

Senator Paton announced that SB 1068 would be HELD.

 

SB 1120 – domestic violence offenses – DO PASS AMENDED

 

Monica Pineda, Senate Research Assistant, explained SB 1120 and the 2-line Paton amendment dated 06/18/09 at 8:47 a.m. (Attachment G).

 

Kathleen Mayer, Deputy Pima County Attorney, Pima County Attorney's Office, testified in support of SB 1120.

 

Mike Williams, Arizona Police Association, testified in support of SB 1120.

 

Senator Paton noted the names of individuals who registered their position on the bill (Attachment B).

 

Senator Gray moved SB 1120 be returned with a DO PASS recommendation. 

 

Senator Gray moved the 2-line Paton amendment dated 06/18/09 at 8:47 a.m. (Attachment G) be ADOPTED.  The motion CARRIED by voice vote.

 

Senator Gray moved SB 1120 be returned with an AS AMENDED, DO PASS recommendation.  The motion CARRIED with a roll call vote of 4-2-1 (Attachment 4).

 

SB 1340 – guilty except insane; applicability; hearing – DO PASS AMENDED

 

Dakotah Pratt-Hewitt, Senate Research Assistant, explained SB 1340 and the 11-page Paton amendment dated 06/18/09 at 4:10 p.m. (Attachment H).

 

Kathleen Mayer, Deputy Pima County Attorney, Pima County Attorney's Office, further explained SB 1340 and the 11-page amendment.

 

 

Senator Pearce moved SB 1340 be returned with a DO PASS recommendation. 

 

Senator Pearce moved the 11-page Paton amendment dated 06/18/09 at 4:10 p.m. (Attachment H) be ADOPTED.  The motion CARRIED by voice vote.

 

Senator Pearce moved SB 1340 be returned with an AS AMENDED, DO PASS recommendation.  The motion CARRIED with a roll call vote of 6-0-1 (Attachment 5).

 

HB 2569 – smuggling; use of weapon; classification – DO PASS

 

Christina Estes-Werther, Judiciary Committee Analyst, explained HB 2569.

 

Senator Paton noted the names of individuals who registered their position on the bill (Attachment B).

 

Senator Pearce moved HB 2569 be returned with a DO PASS recommendation. The motion CARRIED with a roll call vote of 6-0-1 (Attachment 6).

 

There being no further business, the meeting was adjourned at 5:39 p.m.

 

 

Respectfully submitted,

 

 

 

        Shelley Ponce

                                                              Committee Secretary

 

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

 

 

 

 

 

 

 

---------- DOCUMENT FOOTER ---------

                        Committee on Judiciary

            5          June 19, 2009

 

---------- DOCUMENT FOOTER ---------