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Senate advances first substitute of HB 64 to create AG‑administered immigration strike force; fiscal and scope questions raised

Utah State Senate · March 10, 2009
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Summary

The Senate heard detailed debate on the first substitute to House Bill 64 to create a state-directed strike force administered by the Attorney General and working with ICE and the Department of Public Safety to target serious felony crimes tied to illegal immigration; senators pressed the sponsor on administration, duplication of effort, funding and precise definitions of the felonies targeted.

Senators debated a first substitute to House Bill 64 that would create a strike force to target serious felony activity associated with illegal immigration and vest administration with the Office of the Attorney General working in coordination with Immigration and Customs Enforcement and the Department of Public Safety.

Sponsor Senator Jenkins said the measure responds to repeated task‑force findings that violent criminals crossing the border presented a different threat in recent years and described the proposed force as an investigator–prosecutor–DPS team. He said the Attorney General’s Office would administer the program while DPS would continue operational involvement.

Several senators asked whether the measure duplicates existing Department of Public Safety work and where the new funds — an $891,000 fiscal note cited on the floor — would be directed. Senator Hilliard and others pressed whether money would be diverted from county prosecutors, and Senator McCoy asked specifically whether county attorneys would receive funding or support; the sponsor said funds generally would be held centrally but that overtime could be paid for local officers involved.

Senator Merrill proposed an amendment to better define what constitutes a “serious” or “violent” felony, suggesting incorporation of Title 76 violent‑felony definitions and adding offenses such as human smuggling, gang activity and significant narcotics offenses. Senators expressed both support for targeting violent criminals and caution about scope, fiscal responsibility and civil‑rights safeguards.

Senator Robles urged clarity to avoid racial profiling and to ensure parameters for enforcement are explicit. Sponsors said the Attorney General and DPS would coordinate, and that the substitute passed its floor test and will be considered on third reading with proposed amendments to narrow scope and clarify administration.

What happens next: The first substitute was read for third time and placed on the third‑reading calendar; sponsors indicated they will offer amendments to better define targeted felonies and address funding/administration concerns.