House Judiciary Committee advances bill aimed at transnational repression of Utah residents

Representative Clancy presented the first substitute to HB 547 on Feb. 23 before the House Judiciary Committee, saying the bill seeks to protect people on U.S. soil from coercion and harassment by foreign governments or their agents. The sponsor cited recent reporting involving Olympic athlete Alyssa Liu and a 2022 Department of Justice indictment as context for the measure.

Advocates Anna Kwok and Kelly Curry testified remotely. Kwok, a Hong Kong activist and former executive director of the Hong Kong Democracy Council, said "transnational repression is happening right now, right here" and described a campaign of threats against her and her family, including a HKD 1,000,000 bounty (about $120,000 USD) and documented street assaults during protests. Kelly Curry, a former U.S. ambassador to the United Nations, told the committee local and state law enforcement are often the first to encounter victims, and that the bill’s penalty enhancement applies only when a crime is committed on behalf of a foreign entity: "You have to commit a crime in order for this law to be triggered."

The sponsor said the first substitute narrows some training requirements after a fiscal note was raised; committee staff referenced a fiscal note of approximately $140,000 during the hearing. The committee adopted the first substitute, favorably recommended the bill to the sponsor, and placed it on the consent calendar by voice vote, with members saying the bill would help protect international students, visiting athletes and members of ethnic communities targeted by foreign influence activities.

The bill’s text requires the Utah Board of Higher Education to provide information to international students and creates a criminal-penalty enhancement when an offense is carried out at the direction of a foreign government or agent of a foreign terrorist organization. Committee discussion included constitutional questions and whether the measure would chill free speech; witnesses and the sponsor said the enhancement applies only when a triggering crime is committed, not to protected speech.

The committee’s action sends first substitute HB 547 forward on the consent calendar for further consideration by the House.