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H_JUD_2020A 02/04/2020 03:39:55 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON JUDICIARY
Date 02/04/2020
Attendance
Benavidez E
Carver X
Gonzales-Gutierrez X
Pelton X
Roberts X
Soper X
Tipper X
Herod X
Weissman X
Time 03:39:55 PM to 07:11:33 PM
Place HCR 0112
This Meeting was called to order by Representative Weissman
This Report was prepared by Jeanette Chapman
Hearing Items Action Taken
HB20-1148 Referred to the Committee of the Whole
HB20-1120 Amended, referred to House Finance
HB20-1118 Referred to House Finance
HB20-1054 Committee Discussion Only

X = Present, E = Excused, A = Absent, * = Present after roll call
03:40:01 PM

Representative Weissman made opening remarks on the committee schedule.



HB20-1148 - Referred to the Committee of the Whole


03:41:00 PM  

Representative Soper introduced House Bill 20-1148, concerning offenses against deceased human bodies. The bill increases the criminal penalty from a class 2 misdemeanor to a class 6 felony for offenses committed against a deceased human body. He provided a handout to the committee (Attachment A).

03:43:14 PM  

Debra Schum, representing herself, spoke in favor of the bill.  She presented remotely from Colorado Mesa University - Grand Junction (CMU GJ).

03:45:53 PM  

Judy Cressler, representing herself, spoke in favor of the bill. She presented her testimony remotely from CMU GJ.

03:49:19 PM  

Ann Holland, representing herself, spoke in favor of the bill. She testified remotely from CMU GJ.

03:52:46 PM  

Joy Christian, representing herself, spoke in favor of the bill. She presented her testimony remotely from CMU GJ.

03:56:46 PM  

Sharon Anable, representing herself, spoke in favor of the bill. She presented her testimony remotely from CMU GJ.

04:01:18 PM  

Chrissy Hartman, representing herself, spoke in favor of the bill. She presented her testimony remotely from CMU GJ.

04:03:33 PM  

Wanda Sessions, representing herself, spoke in favor of the bill. She presented her testimony remotely from CMU GJ.

04:15:23 PM  

Erin Smith, representing herself, spoke in favor of the bill.  She presented her testimony remotely from Colorado Mesa University - Montrose (CMU Montrose).

04:15:54 PM  

Charlotte Schendel, representing herself, spoke in favor of the bill. She presented her testimony remotely from CMU Montrose.

04:19:11 PM  

Rick Neuendorf, representing himself, spoke in favor of the bill. He presented his testimony remotely from CMU Montrose.

04:22:05 PM  

Kristine Burggraf, representing herself, spoke in favor of the bill. She presented her testimony remotely from CMU Montrose.

04:25:34 PM  

Alena Holloman, representing herself, spoke in favor of the bill. She presented her testimony remotely from CMU Montrose.

04:28:57 PM  

Jean Hewlett, representing herself, spoke in favor of the bill. She presented her testimony remotely from CMU Montrose.

04:31:20 PM  

Lance Borne, Delta County Coroner, spoke in favor of the bill. He presented his testimony remotely from CMU Montrose.

04:34:15 PM  

Kathy Oatis, Colorado Coroners Association, spoke in favor of the bill.

04:36:00 PM  

Timothy Lane, Colorado District Attorney Association, made himself available for questions.

04:36:58 PM  

Representative Soper responded to questions from the committee.

04:37:42 PM  

Mr. Lane responded to questions from the committee.

04:42:39 PM  

Representative Soper made closing comments on the merits of the bill.



04:46:30 PM
Motion Refer House Bill 20-1148 to the Committee of the Whole.
Moved Soper
Seconded Tipper
Benavidez Excused
Carver Yes
Gonzales-Gutierrez Yes
Pelton Yes
Roberts Yes
Soper Yes
Tipper Yes
Herod Yes
Weissman Yes
Final YES: 8   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS



HB20-1120 - Amended, referred to House Finance

04:46:58 PM  

Representative Carver and Representative Roberts introduced House Bill 20-1120, concerning enforcement of sexual exploitation of a child. The bill makes sexual exploitation of a child an extraordinary risk crime, creates a new surcharge on offenders, creates a grant program, and updates related statutory definitions. The sponsors provided a handout to the committee (Attachment B).

04:53:17 PM  

Representative Carver responded to questions from the committee.

04:55:41 PM  

Brian Hardonin, Larimer County District Attorney's office, spoke in favor of the bill.

04:58:51 PM  

Diana Goldberg, Sungate Kids, spoke in favor of the bill.

04:59:26 PM  

Amanda Gall, Colorado District Attorneys Council, spoke in favor of the bill.

05:01:22 PM  

Detective Patrick Gallagher, El Paso County Sheriff's office, spoke in favor of the bill.

05:05:48 PM  

Ms. Gall responded to questions from the committee.

05:07:21 PM  

Christian Mohr, Colorado Bureau of Investigation, spoke neutrally about the bill.

05:12:49 PM  

Representative Carver distributed two letters in support of the bill and read a letter from Kelly Dore, National Center Trafficking Survivor Coalition, in support of the bill (Attachments C and D).

05:20:26 PM  

Representative Carver distributed and discussed amendments L.004, L.005, and L.007 (Attachment E, F, and G).



05:25:12 PM
Motion Adopt amendment L.005 (Attachment F).
Moved Carver
Seconded Roberts
Benavidez Excused
Carver
Gonzales-Gutierrez
Pelton
Roberts
Soper
Tipper
Herod
Weissman
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection


05:26:04 PM
Motion Adopt amendment L.004 (Attachment E).
Moved Carver
Seconded Roberts
Benavidez Excused
Carver
Gonzales-Gutierrez
Pelton
Roberts
Soper
Tipper
Herod
Weissman
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection
05:28:18 PM  

Representative Carver discussed amendment L.007 (Attachment G).



05:32:20 PM
Motion Adopt amendment L.007 (Attachment G).
Moved Roberts
Seconded Carver
Benavidez Excused
Carver
Gonzales-Gutierrez
Pelton
Roberts
Soper
Tipper
Herod
Weissman
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection
05:33:05 PM  

The sponsors made closing comments.

05:34:20 PM  

Committee members made closing comments on the bill.



05:37:09 PM
Motion Refer House Bill 20-1120, as amended, to the Committee on Finance.
Moved Carver
Seconded Roberts
Benavidez Excused
Carver Yes
Gonzales-Gutierrez Yes
Pelton Yes
Roberts Yes
Soper Yes
Tipper Yes
Herod Yes
Weissman Yes
Final YES: 8   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS



HB20-1118 - Referred to House Finance


05:38:07 PM  

The committee recessed.

05:47:38 PM  

The committee came back to order.

05:50:22 PM  

Representative Larson, bill sponsor, presented House Bill 20-1118. The bill expands the definition of a current class 1 traffic misdemeanor for causing serious bodily injury to a vulnerable road user while careless driving to include causing serious bodily injury to anyone while carelessly driving. A violation results in 12 points issued to the driver license, which results in a license being suspended. In addition, the driver may be subject to a restitution order, required to attend a driver improvement course, or be ordered to perform useful public service for no more than 320 hours.

05:53:32 PM  

Fran Lanzer, Mothers Against Drunk Drivers and Colorado Organization for Victim Assistance, testified in support of the bill.

05:57:25 PM  

Representative Larson responded to committee questions.

06:06:18 PM  

Committee members made closing comments.



06:11:56 PM
Motion Refer House Bill 20-1118 to the Committee on Finance.
Moved Carver
Seconded Tipper
Benavidez Excused
Carver Yes
Gonzales-Gutierrez Yes
Pelton Yes
Roberts Yes
Soper Yes
Tipper Yes
Herod Yes
Weissman Yes
Final YES: 8   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS



HB20-1054 - Committee Discussion Only


06:14:14 PM  

Representative Soper and Roberts, bill sponsors, presented House Bill 20-1054. Under current law, a defendant may withdraw from a plea agreement if a judge decides not to accept specific conditions of the agreement. The bill allows the prosecution to withdraw from a plea agreement as well as the defendant.

06:19:19 PM  

Karen Taylor, Office of the Colorado State Public Defender, testified against the bill.

06:24:28 PM  

Jason Middleton, Office of the Colorado State Public Defender, testified against the bill.

06:29:45 PM  

Ms. Taylor and Mr. Middleton responded to questions.

06:38:47 PM  

Committee questions continued.

06:48:21 PM  

Tom Raynes, Colorado District Attorneys Council, testified in support of the bill.

06:58:36 PM  

Mr. Raynes responded to questions.

06:59:42 PM  

Representative Roberts and Soper made closing comments.



07:06:01 PM
Motion Refer House Bill 20-1054 to the Committee of the Whole.
Moved Soper
Seconded Roberts
Benavidez Excused
Carver Yes
Gonzales-Gutierrez No
Pelton Yes
Roberts Yes
Soper Yes
Tipper No
Herod No
Weissman No
YES: 4   NO: 4   EXC: 1   ABS:  0   FINAL ACTION:  FAIL


07:06:56 PM
Motion Postpone House Bill 20-1054 indefinitely.
Moved Herod
Seconded Tipper
Benavidez Excused
Carver No
Gonzales-Gutierrez Yes
Pelton No
Roberts No
Soper No
Tipper Yes
Herod Yes
Weissman Yes
YES: 4   NO: 4   EXC: 1   ABS:  0   FINAL ACTION:  FAIL
07:07:00 PM  

Representative Weissman recessed the meeting.

07:10:11 PM  

Representative Weissman reconvened the meeting.   Representative Weissman adjourned the meeting.


07:11:33 PM   The committee adjourned.