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Senate adopts amendment requiring clearer exigent-circumstances guidance in child-removal bill
Summary
The Senate adopted an amendment to House Bill 117 to reinstate language defining exigent circumstances for child removals and voted to advance the bill to third reading after debate about fiscal and procedural impacts; backers said the change clarifies existing broad code section 78-3-801.
Senator Wright opened floor debate on House Bill 117, explaining the amended language would require a court-ordered warrant in cases where the statutory circumstances enumerated in 78-3-801 do not plainly apply. "What this does is require a warrant, court ordered warrant," Wright said on the floor.
An amendment restoring specific lines that identify exigent circumstances was offered and supported by Senator Spencer, who said reinstating the language "gives explicit guidelines to peace officers, to child welfare workers as to what must be proven." Senator Steele cautioned that even small drafting changes on such bills can have fiscal implications and said he was concerned about whether the Legislature had fully accounted for potential costs.
Sponsors argued the amendment is clarifying rather than substantive and that existing code already addresses the broad set of circumstances in 78-3-801. After discussion the Senate adopted the amendment and read HB117 for third reading; the clerk reported a roll-call result of 19 ayes, 8 nays and 2 absent.
