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h_jud_2018a_2018-05-08t13:51:41z1 Hearing Summary




PUBLIC
BILL SUMMARY For SB18-258

HOUSE COMMITTEE ON JUDICIARY
Date May 8, 2018      
Location HCR 0112



SB18-258 - Postponed Indefinitely


01:54:38 PM  

Representative Lundeen, prime sponsor, presented Senate Bill 18-258, concerning excluding from the speedy trial calculation the period of delay caused by a continuance ordered by the court.  Representative Lundeen explained the effect of the bill and discussed its need.

01:57:54 PM  

Mr. Bruce Brown, representing the Colorado District Attorneys' Council, testified in support of the bill. Mr. Brown discussed a court case that led to the introduction of the bill, and the intent of and necessity for the legislation. Mr. Dan Rubenstein, representing the Twenty-first Judicial District and the Colorado District Attorneys' Council, testified in support of the bill. He discussed the need for the bill, and addressed likely arguments against the bill. Mr. Rubenstein discussed the court case that led to the bill. Discussion ensued regarding the need for the General Assembly to address the issue. Mr. Rubenstein responded to questions regarding the protection of constitutional rights by the bill, and circumstances in which opposing parties in a trial would be split on excluding a continuance from the speedy trial calculation.

02:15:00 PM  
Ms. Lucienne Ohanian, representing the Office of the State Public Defender, testified in opposition to the bill. She explained that the bill seeks to address a singular circumstance, and explained what happened in the case that led to SB 18-258. Ms. Ohanian explained the reasons for having speedy trial requirements. Ms. Ohanian responded to questions regarding the erosion of the attorney-client privilege under the bill, and the thought process behind not going forward with the bill.
02:26:40 PM  
No amendments were offered to SB 18-258. Representative Lundeen provided closing remarks in support of the bill.


02:28:30 PM
Motion Refer Senate Bill 18-258 to the Committee of the Whole.
Moved Lundeen
Seconded Willett
Benavidez No
Carver Yes
Herod No
Lundeen Yes
Melton No
Roberts Excused
Weissman No
Willett Yes
Wist Yes
Salazar No
Lee No
YES: 4   NO: 6   EXC: 1   ABS:  0   FINAL ACTION:  FAIL


02:29:18 PM
Motion Postpone Senate Bill 18-258 indefinitely.
Moved Salazar
Seconded Melton
Benavidez Yes
Carver Excused
Herod Yes
Lundeen No
Melton Yes
Roberts Excused
Weissman Yes
Willett No
Wist No
Salazar Yes
Lee Yes
Final YES: 6   NO: 3   EXC: 2   ABS:  0   FINAL ACTION:  PASS