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House advances substitute for HB34 tightening penalties for deliberate smuggling into correctional facilities

Utah House of Representatives · January 23, 2004
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Summary

The House adopted a first substitute to HB34 to strengthen penalties for intentional smuggling and distribution of contraband in prisons while sponsors said technical edits avoid new fiscal costs; voting concluded with the bill sent to the Senate for further consideration.

Representative LeVar Christiansen, sponsor of the substitute to House Bill 34, told the House the change was largely technical but would "take a significant step forward" by creating a distinct offense for those who deliberately smuggle contraband into correctional facilities, citing widespread substance histories among inmates.

Christiansen said the interim committee—s review found extensive evidence of smuggling methods and patterns and argued the substitute strengthens penalties for "premeditated willful" attempts to bring contraband into prisons while excluding inadvertent acts by family members.

Representative Gordon Snow asked whether the substitute introduced substantive changes or merely technical fixes; Christiansen said the changes were not substantive and that recent review of fiscal impact showed no significant ongoing fiscal cost and the measure could be implemented within existing resources.

Representative Mike Hansen asked about a provision on page 11 that would make it an offense to sell tobacco to an offender; Christiansen said corrections officials requested the provision, that tobacco functions as contraband with internal value and barter potential, and the measure targets "premeditated intent to distribute," not inadvertent delivery by visitors.

Voting on the first substitute was opened and closed on the floor and the bill was sent to the Senate for further consideration, according to the clerk—s announcement in the transcript. The transcript does not report a roll-call tally for the final House vote on the substitute in the segment provided.

Next steps: The House referred the first substitute to the Senate for further consideration.