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H_JUD_2020A 01/30/2020 01:36:26 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON JUDICIARY
Date 01/30/2020
Attendance
Benavidez X
Bockenfeld X
Carver X
Gonzales-Gutierrez X
Roberts X
Soper X
Tipper *
Herod X
Weissman X
Time 01:36:26 PM to 06:35:50 PM
Place HCR 0112
This Meeting was called to order by Representative Weissman
This Report was prepared by Jessika Shipley
Hearing Items Action Taken
HB20-1121 Postponed Indefinitely
HB20-1102 Amended, referred to House Appropriations
HB20-1123 Committee Discussion Only

X = Present, E = Excused, A = Absent, * = Present after roll call

HB20-1121 - Postponed Indefinitely




01:55:59 PM
Motion Postpone House Bill 20-1121 indefinitely.
Moved Soper
Seconded Herod
Benavidez Yes
Bockenfeld Yes
Carver Yes
Gonzales-Gutierrez Yes
Roberts Yes
Soper Yes
Tipper Yes
Herod No
Weissman Yes
Final YES: 8   NO: 1   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB20-1102 - Amended, referred to House Appropriations


01:56:25 PM  
Representatives Tipper and Soper, co-prime sponsors, presented House Bill 20-1102. The bill requires district attorneys and the Colorado District Attorneys Council to maintain records of jailhouse witnesses. The bill also creates new processes around jailhouse witness testimony. The provided amendment L.002 (Attachment A).
02:06:14 PM  

Matt Wenig, representing the Denver District Attorney's Office, testified in opposition to the bill.

02:10:04 PM  
Matt Maillaro, representing the 18th Judicial District Attorney's Office, testified in opposition to the bill.
02:13:22 PM  
Cliff Reidel, representing the 8th Judicial District Attorney's Office, testified in opposition to the bill.
02:16:37 PM  
Dan May, representing the El Paso County District Attorney's Office, testified in opposition to the bill.
02:40:56 PM  
The witness panel responded to questions from the committee.
02:49:58 PM  
Michelle Feldman, representing the Innocence Project, testified in support o f the bill.
02:55:25 PM  
Anne-Marie Moyes, representing the Kori Wise Innocence Project, testified in support of the bill.
02:59:51 PM  
James Karbach, representing the Office of the State Public Defender, testified in support of the bill.
03:04:22 PM  
Tristan Gorman, representing the Colorado Criminal Defense Bar, testified in support of the bill.
03:07:41 PM  
Christy Sheppard, representing herself, testified in support of the bill.
03:11:08 PM  
The panel of witnesses responded to questions from the committee.
03:25:24 PM  
Discussion with the witness panel continued.
03:37:02 PM  
Discussion continued.


04:02:28 PM
Motion Adopt amendment L.002 (Attachment A).
Moved Tipper
Seconded Soper
Benavidez
Bockenfeld
Carver
Gonzales-Gutierrez
Roberts
Soper
Tipper
Herod
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
04:02:29 PM  
Representative Tipper explained amendment L.001 and responded to questions from the committee.


04:20:39 PM
Motion Refer House Bill 20-1102, as amended, to the Committee on Appropriations.
Moved Tipper
Seconded Soper
Benavidez Yes
Bockenfeld No
Carver No
Gonzales-Gutierrez Yes
Roberts No
Soper Yes
Tipper Yes
Herod Yes
Weissman Yes
Final YES: 6   NO: 3   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB20-1123 - Committee Discussion Only


04:22:30 PM  
The committee took a brief recess.
04:36:54 PM  
The committee returned to order. Representatives Lontine and Soper, prime sponsors, presented House Bill 20-1123, concerning a grace period before a court issues a failure to appear warrant. Committee members received a packet of written testimony (Attachment _). Representatives Soper and Lontine explained the effect of the bill and discussed its need. Representative Lontine read some written testimony.
04:48:36 PM  
Dan May, representing the Fourth Judicial District, testified in opposition to HB 20-1123.

Amy Farrin, representing the Eighteenth Judicial District, testified in opposition to the bill.

Tim Lane, representing the Colorado District Attorney's Council, testified in opposition to the bill.

Discussion ensued regarding potential disruptions that the bill may cause to the courts, particularly in rural Colorado.

05:04:29 PM  
Judge Corrine Flannigan, representing the Colorado Municipal Judges Association, testified in opposition to HB 20-1123.

Judge Michael Martinez, representing the Judicial Branch, testified in opposition to the bill.

Discussion ensued regarding difficulties experienced in resetting court dates for those who fail to appear, and the administrative process associated with failures to appear in court.

05:24:35 PM  
Sheriff Justin Smith, representing the County Sheriffs of Colorado, testified in opposition to HB 20-1123.

Mr. Ron Sloan, representing the Colorado Association of Chiefs of Police, testified in opposition to the bill.

Meghan Dollar, representing the Colorado Municipal League, testified in opposition to the bill.

Mr. Richard Orf, representing the Associated Governments of Northwest Colorado, testified in opposition to the bill.

Discussion ensued regarding the rate of outstanding warrants and failures to appear.

05:38:42 PM  
Arnold Hanuman, representing the Colorado District Attorneys' Council, addressed comments made earlier.
05:39:41 PM  
Ms. Elisabeth Epps, representing the Colorado Freedom Fund and the ACLU, testified in support of HB 20-1123.

Mr. James Karbach, representing the Office of the State Public Defender, testified in support of the bill.

Ms. Anna Vigderova, representing the Office of the State Public Defender, testified in support of the bill.

Tristan Gorman, representing the Colorado Criminal Defense Bar, testified in support of the bill.

Darren Cantor, representing the Office of Alternate Defense Counsel, testified in support of the bill.

Discussion ensued regarding legislation similar to HB 20-1123 adopted in other states.

06:01:06 PM  
Jamie Ray, representing the Second Chance Center, testified in support of HB 20-1123.

Ms. Terese Howard, representing Denver Homeless Out Loud, testified in support of the bill.

Mary Anna, representing Denver Homeless Out Loud, testified in support of the bill.

Eva Frickle, representing the Colorado Freedom Fund, testified in support of the bill.

06:12:15 PM  
Meghan Baker, representing Disability Law Colorado, testified in support of HB 20-1123.

Melanie Kesner, representing the Interfaith Alliance of Colorado, testified in support of the bill.

Abigail Negley, representing the Arc of Colorado, testified in support of the bill.

Miguel Mendez, representing the Colorado Center on Law and Policy, testified in support of the bill.

06:25:11 PM  
Denise Maes, representing the ACLU, testified in support of HB 20-1123.

Rebecca Wallace, representing the ACLU, testified in support of the bill.

06:33:08 PM  
The chairman laid over HB 20-1123.


06:35:50 PM   The committee adjourned.