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Senate approves substitute to authorize supervised sting operations for underage alcohol and tobacco enforcement

Utah State Senate · February 10, 1994
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Summary

The Senate advanced a second substitute of SB 53 allowing supervised sting operations using minors under officer supervision, requiring a pre-sting photograph and timely citation issuance; the substitute passed committee recommendation and was placed on the third‑reading calendar after a 20–6 (with 3 absent) tally.

Senators on Feb. 10 advanced a Judiciary Committee substitute for Senate Bill 53 that authorizes and sets safeguards for sting operations used to enforce underage sales of alcohol and tobacco.

Sponsor Senator Leonard M. Blackham described the substitute as a collaborative rewrite developed with retailers and law enforcement. Key provisions in the second substitute include allowing a minor to participate in a sting operation under the supervision of a peace officer, requiring a photograph of the decoy to be taken before the sting, prohibiting decoys from misrepresenting age with false identification, and requiring any successful sting to result in issuance of a citation to the establishment within seven days.

Blackham emphasized retailer involvement: "This bill started from the retail establishment side... they're the ones who want the bill passed." He also said the changes responded to law‑enforcement and retail concerns and aimed to make sting practices reasonable and supervised.

On the floor, Senator Warren and others expressed unease about recruiting minors or creating incentives for decoys to pressure clerks; Blackham and other backers said most stings use police cadets under officer supervision and that the photo requirement and supervision safeguard against improper "setups" or intimidation. Mayor Barrett noted the substance‑abuse coordinating council and law enforcement support the substitute but expected a small technical amendment to be resolved before the final vote.

The clerk announced the substitute passed the floor tally and the clerk recorded '20 ayes, 6 nays, 3 absent.' The bill was placed on the third‑reading calendar.

Next steps: Sponsors planned to accept technical amendments and prepare the measure for third reading.