Sen. Pete Lee

Committee on Legal Services - Revisor's Bill. To improve the clarity and certainty of the statutes, the bill amends, repeals, and reconstructs various statutory provisions of law that are obsolete, imperfect, or inoperative. The specific reasons for each amendment or repeal are set forth in the appendix to the bill. The amendments made by the bill are not intended to change the meaning or intent of the statutes, as amended.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More

Section 1 of the bill allows a person on parole to preregister to vote. A person who preregisters is required to meet all the requirements of a person who registers. When the secretary of state (secretary) receives notice that the person has been discharged from parole, the person is automatically registered to vote. Section 2 makes a conforming amendment to the self-affirmation made by a person who is registering or preregistering. Section 3 requires the division of adult parole (division) to facilitate the voting rights of people being discharged from parole. The division is required to provide information to individuals on parole about their right to preregister to vote. When a person is being discharged from parole, the division is required to provide information about the person's right to vote, how the person can register or update their registration, how to obtain and cast a ballot, and how to get voter information materials. The division must send a report of individuals being discharged from parole to the secretary in order to allow the registration of any individual who has preregistered. Section 4 requires a probation officer to provide information to an individual on probation about the person's right to vote, how the person can register or update their registration, how to obtain and cast a ballot, and how to get voter information materials. The bill appropriates funds to the department of corrections, the office of information technology, and the department of state to implement its requirements. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

Under current law, a person may file a civil action in county court if the value of the claim is $15,000 or less. The bill increases that limit to $35,000 or less. When the debt, damage, or value of the personal property claimed is $15,000 or less, then attorney fees are not included in the value of the claim, but when the debt, damage, or value of the personal property claimed exceeds $15,000, then attorney fees are included in the value of the claim. The bill changes the filing fees in county court and sets those fees based on the amount of the money judgment sought. The bill increases the district court filing fee for specified parties. The bill allocates county court and district court filing fees. The bill is effective January 1, 2019. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

The bill requires the state board of parole to submit a list of offenders for community corrections transition placement referrals to the department of corrections staff. The staff shall inform the board when the referral is made or the reason for not making the referral. If an offender completes a community corrections program, the board shall schedule a parole release hearing and, if the decision is to deny parole, the majority of the full board is required to deny parole at that hearing. The bill requires community corrections boards to develop and use a structured, research-based decision-making process that combines professional judgment and actuarial risk and needs assessment tools. If a community corrections board denies a transition offender a community corrections transition placement, the board shall electronically inform the department of corrections regarding the basis for the denial, suggestions for program completion, and a suggested subsequent referral timeline. The bill specifies the information that must be included in a community corrections transition placement referral or subsequent referral packet. Current law gives the jurisdiction where a community corrections transition placement intends to parole first right of refusal. The bill eliminates the first right of refusal if attempting to place the transition offender into a specialized community corrections program or if the offender requests a placement in a different jurisdiction. The bill requires the subsequent referral of an offender for community corrections transition placement within 6 to 12 months of the offender's denial if the offender has not had a class I code of penal discipline violation in the previous year; the offender does not have consecutive misdemeanor sentences to serve; and the offender does not have a pending immigration detainer, pending felony charges, or an extraditable warrant. When an offender refuses placement in a community corrections program, the executive director may make a subsequent referral for the offender after the offender informs the executive director that the circumstance that formed the basis for the refusal has changed or resolved. The division of criminal justice is required to provide community corrections training to department of corrections staff and community corrections boards. The division shall produce a report describing key community corrections data trends. The bill appropriates $264,070 to the department of public safety from the general fund. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

The bill creates the enhance school safety incident response grant program in the division of homeland security and emergency management in the department of public safety (grant program) to provide funding for research, program development, and training to improve school safety incident response. The funding can be used by recipients to provide training, develop best practices and protocols, conduct research and development, and upgrade technology and infrastructure used for training related to school safety incident response. Applications for the grants must be made by October 1 and grants must be awarded by December 1 for each year of the grant program. Applicants must be nonprofit, tax-exempt organizations and must have experience providing school safety incident response training and working with law enforcement, first responders, school districts, and school personnel on issues related to school safety incident response. The bill makes an appropriation from the school safety resource center cash fund and makes a conforming amendment to the statute creating that fund. The grant program and conforming amendment are repealed effective June 30, 2021. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

The bill creates the community crime victims grant program (grant program) in the department of public health and environment (department) to provide funding to eligible entities that provide support services to crime victims and other interventions that are intended to reduce repeat victimization. The department shall administer the grant program in accordance with policies developed by the executive director of the department. The grant program is repealed, effective September 1, 2023. Before such repeal, the department of regulatory agencies shall perform a sunset review of the grant program. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

Current law contains a pilot program to assist veterans, veterans' spouses, and other eligible participants in obtaining employment and provide support services to seek and obtain employment. The bill continues the program and includes funding for the current pilot program and the expanded program. The bill adds persons who may participate in the program and addresses veterans who have barriers to employment. The department is required to develop an evaluation methodology to measure program effectiveness. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

The bill states that it is unlawful for a seller, retailer, or vendor to knowingly or willfully dispense, sell, or distribute a finished drug product containing any quantity of dextromethorphan to a person less than 18 years of age. A seller, retailer, or vendor making a retail sale of a finished drug product containing any quantity of dextromethorphan must require and obtain proof of age from the purchaser before completing the sale unless the seller, retailer, or vendor reasonably presumes from the purchaser's outward appearance that the purchaser is at least 25 years of age. A seller, retailer, or vendor who violates the prohibition or who fails to obtain proof of age when required to do so commits an unclassified petty offense and, upon conviction thereof, shall be punished as follows: For a first offense, the court shall warn the seller, retailer, or vendor in writing; and For a second or subsequent offense, the seller, retailer, or vendor shall pay a fine of not more than $200. The prohibition does not apply to a medication containing dextromethorphan, which medication is sold pursuant to a valid prescription. It is an affirmative defense if the seller, retailer, or vendor is an employer and trains its employees concerning the bill's restrictions on the distribution of medications containing dextromethorphan. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

Committee on Legal Services. Based on the findings and recommendations of the committee on legal services, the bill extends all state agency rules that were adopted or amended on or after November 1, 2016, and before November 1, 2017, with the exception of the rules specifically listed in the bill. Those specified rules will expire as scheduled in the "State Administrative Procedure Act" on May 15, 2018, on the grounds that the rules either conflict with statute or lack or exceed statutory authority.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

The bill makes numerous changes to statutes related to the process of determination of competency to proceed in a criminal case. Section 1 of the bill updates the definitions section of article 8.5 of title 16 to include new terminology. Section 2 of the bill makes changes in the regulation of a second competency evaluation (evaluation) requested by the court, including reducing the time frame that the prosecution or defense may request a second evaluation from 14 days to 7 days and clarifying that the department of human services (department) is not responsible for conducting a second evaluation. Section 3 of the bill concerns changes to competency evaluations and reports, including that: The court shall order the evaluation be conducted on an out-of-custody basis, unless otherwise provided. If the evaluation must be conducted on an in-custody basis, the department is required to begin the evaluation no later than 7 days after the department's receipt of a court order directing the evaluation. The department shall complete the evaluation no later than 45 days after receipt of the court order, unless for good cause shown; A defendant must have bond set unless they are otherwise ineligible for bond. The court shall determine the type of bond after consideration of factors. The court shall include as a condition of bond the defendant's cooperation with a competency evaluation; The court may order a defendant into the department's custody for purposes of an evaluation under stated circumstances; If the defendant is in the custody of the department, provisions for returning the defendant to the custody of the county jail or to the community are set forth; The competency evaluation report (report) must include: If the defendant is determined to be incompetent to proceed, whether or not there is a substantial probability that he or she can be restored to competency within the allowable time frame and whether inpatient or outpatient restoration services are recommended; If available, information on previous evaluations or restoration services provided to the defendant; and If the defendant meets the criteria for civil certification or is eligible for services for individuals with intellectual and developmental disabilities. If the report concludes that the defendant is incompetent to proceed, the department may initiate restoration services unless either party objects within 72 hours after receipt of the report; Sections 4, 5, and 6 of the bill outline procedures to follow after a determination of competency or incompetency to proceed, including that: If the defendant is released on bond, a determination of whether restoration services are to be provided on an outpatient or inpatient basis. If the defendant is ordered to outpatient restoration services and he or she is uncooperative or fails to begin services, the individual agency responsible for providing restoration services shall notify the court within 28 days; The department is the entity responsible for the development of restoration curricula and necessary training to create outpatient restoration services in any setting; If the defendant remains in custody, the court shall order the department to provide restoration services at the place where the defendant is in custody and if the department has no available beds for inpatient restoration services if inpatient restoration services are recommended. The department shall begin outpatient restoration services as soon as practicable after a court's order; The court shall commit the defendant to the custody of the department for inpatient restoration services if the defendant has not been restored to competency within 150, unless the timeline is extended for good cause shown. The timeline must exclude time during which the defendant refuses to accept services or treatment; For a defendant who is receiving outpatient and in-custody restoration services, the court shall review the case every 30 days to assess the defendant's progress toward restoration to competency; If outpatient restoration services have been ordered and the department is unable to provide such services, the court may commit the defendant to the department's custody until outpatient services are available; If inpatient restoration services have been ordered, the most clinically appropriate setting must be used; and The bill reduces the time that either party may request a second evaluation from 14 days to 7 days after receipt of a report concerning competency. If a second evaluation is allowed, the second evaluation report must be completed and filed with the court within 42 days, as opposed to the current requirement of 63 days. Section 7 of the bill outlines the options for reviews, civil certification (certification), provision of services for persons with intellectual and developmental disabilities (provision of services), and termination of proceedings (termination), including that: Time periods for review and final determinations related to certification, provision of services, and termination are established for different levels of offenses; In no instance may confinement exceed the maximum term of confinement that could be imposed for the most serious offense with which the defendant is charged, less any time credits the defendant is entitled to; At the end of any maximum amount of time, the court shall dismiss the charges and any certification proceedings or provision of services are to be governed by appropriate laws; The court is required to review the defendant's case at least every 3 months with regard to the probability that the defendant will eventually be restored to competency and to whether there is justification for certification or confinement. The court shall review a current evaluation report that includes information on whether there is a substantial probability the defendant will be restored to competency within the allowable time frame, and if the defendant meets the criteria for certification or the provision of services; If the defendant is charged with a misdemeanor, misdemeanor drug offense, or petty offense, excluding victim's rights offenses; and has been committed to the custody of the department or otherwise confined for an aggregate period of 3 months, and the court determines that he or she remains incompetent to proceed and there is not a substantial probability that he or she will be restored to competency within the next 3 months, the court shall dismiss the charges against the defendant. If the court determines there is a substantial probability that the defendant will be restored to competency within the next 3 months, restoration services may continue for another 3 months. After 6 months, the court shall dismiss the charges against the defendant; If the defendant is charged with a class 5 or class 6 felony, excluding victim's rights offenses, a level 3 or level 4 drug felony, or any misdemeanor offense not otherwise included in earlier section, and has been committed to the custody of the department or otherwise confined for an aggregate period of 1 year, and the court determines that he or she remains incompetent to proceed and there is not a substantial probability that he or she will be restored to competency within the next six months, the court shall dismiss the charges against the defendant. If the court determines there is a substantial probability that the defendant will be restored to competency within the next six months, restoration services may continue for another six months. After 18 months, the court shall dismiss the charges against the defendant; If the defendant is charged with any other felony offense, except a class 1, class 2, or class 3 felony, a sex offense, a crime of violence, or a level 1 or level 2 drug felony, and has been committed to the custody of the department or otherwise confined for an aggregate period of 3 years, and the court determines that he or she remains incompetent to proceed and there is not a substantial probability that he or she will be restored to competency within the next year, the court shall dismiss the charges against the defendant. If the court determines there is a substantial probability that the defendant will be restored to competency within the next year, restoration services may continue for another year. After 4 years, the court shall dismiss the charges against the defendant, unless any party objects. If a party objects to dismissal of charges, the court shall set the matter for a hearing; Prior to the dismissal of any charges, the court shall identify whether the defendant meets the requirements for certification or provision of services. If so, the court may stay the dismissal for 21 days and notify the department and county attorney in the relevant jurisdiction of the pending dismissal; and Certification proceedings may be brought against a defendant at any time. Sections 8, 9, 10, and 11 of the bill provide that officers of the judicial branch, district attorneys, public defenders, and attorneys for the office of alternate defense counsel should receive training concerning determinations of competency to proceed for juveniles and adults, evaluation reports, services to restore competency, and certification proceedings.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More