From Deseret News archives:

Anti-porn bill may be illegal, lawyers warn

Legislative attorneys say the measure may be unconstitutional

Published: Tuesday, Feb. 22, 2005 1:13 p.m. MST
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The "unconstitutional" note on HB260 is significant. Late last year, legislative leaders decided to "tighten up" the old constitutional note process by stipulating that they can only be placed on a bill if specific court rulings can be cited. Previously, individual legislative attorneys, in drafting bills, would consult with their attorney bosses and place cautionary notes at the end of bills that had potential legal problems.

Until the change, about a dozen bills would be saddled with unfavorable constitutional notes each session. Getting an unfavorable constitutional note allowed opponents of the legislation to attack the bill for its potentially costly and unsuccessful court fights and the public embarrassment to the state.

The note on HB260 cites a U.S. Supreme Court ruling and explains, in its two paragraphs, the ways in which it could potentially violate the Utah and U.S. Constitutions. All of the concerns are about the registry.

While Dougall grapples with the constitutional problems with HB260, another bill, HB132, which passed the House Judiciary Committee on Monday, would appropriate $60,000 to the Internet Crimes Against Children Task Force to hire a full-time educator who would work to help parents and children better understand the dangers of the Internet.

"The number of pedophiles using the Internet has exploded," said Rep. Tim Cosgrove, D-Murray, who is sponsoring the bill. "It would better serve the community to have a person going around to educate and allow the investigators the time they need in going after these bad guys."


Story continues below
Contributing: Bob Bernick Jr.


E-mail: jloftin@desnews.com,

wleonard@desnews.com

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