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H_JUD_2020A 02/25/2020 01:36:47 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON JUDICIARY
Date 02/25/2020
Attendance
Benavidez X
Carver X
Gonzales-Gutierrez X
McKean X
Roberts X
Soper *
Tipper X
Herod X
Weissman X
Time 01:36:47 PM to 10:27:16 PM
Place HCR 0112
This Meeting was called to order by Representative Weissman
This Report was prepared by Jessika Shipley
Hearing Items Action Taken
HB20-1278 Lay Over
HB20-1187 Postponed Indefinitely
HB20-1267 Amended, referred to House Appropriations
SB20-083 Referred to the Committee of the Whole

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

HB20-1278 - Lay Over

01:38:37 PM  

Representatives Duran and Singer, co-prime sponsors, presented House Bill. The bill creates new procedures for firearm relinquishment related to civil and mandatory protection orders for domestic abuse cases. The bill sponsors provided amendments L.001 (Attachment A) and L.002 (Attachment B), and explained the effect of the amendments.

01:51:07 PM  

Sheryl Ullman, representing the Office of the State Public Defender, testified about her concerns with the immunity provisions in the bill.

01:57:48 PM  

Demetria Trujillo, representing the Office of the State Public Defender, testified about her due process concerns with the bill.

02:01:10 PM  

Maureen Cain, representing the Office of the State Public Defender, testified about her concerns with the criminal process in the bill.

02:04:35 PM  

Tristan Gorman, representing the Colorado Criminal Defense Bar, testified in opposition to the bill.

02:07:54 PM  

The panel of witnesses responded to questions from the committee.

02:19:59 PM  

The committee continued to discuss the panel's concerns with the bill.

02:33:10 PM  

Janet Huffor, representing the El Paso County Sheriff's Office and the County Sheriffs of Colorado, testified in opposition to the bill.

02:37:40 PM  

Roberts Edmiston, representing the Firearms Coalition of Colorado, testified in opposition to the bill.

02:39:59 PM  

Alexandra Garza, representing the National Rifle Association, testified in opposition to the bill.

02:41:23 PM  

The panel of witnesses responded to questions from the committee.

02:52:10 PM  

The committee continued to discuss the bill with the panel of witnesses.

03:03:24 PM  

The committee took a brief recess.

03:04:00 PM  

The committee returned to order.  Sophia San Miguel, representing herself, testified from a neutral position on the bill.

03:19:33 PM  

David Keck, representing the National Resource Center on Domestic Violence and Firearms, testified about effective firearms surrender protocols.

03:25:35 PM  

Jeffrey Riester, representing the Department of Law, testified in support of the bill.

03:27:25 PM  

Anne Kelly, representing the Boulder County District Attorney's Office, testified in support of the bill.

03:30:58 PM  

The panel of witnesses responded to questions from the committee.

03:49:40 PM  

The committee continued to discuss the bill with the committee.

04:13:09 PM  

A.B., representing herself, testified in support of the bill.

04:17:50 PM  

Holly Cheng, representing herself, testified in support of the bill.

04:24:40 PM  

Elizabeth (no last name given), representing herself, testified in support of the bill.

04:27:53 PM  

Rebecca Zimmerman, representing herself, testified in support of the bill.

04:31:28 PM  

Judge Patricia Madsen, representing B'nai Havurah, testified in support of the bill.

04:35:22 PM  

Megan Rudy, representing herself, testified in support of the bill.

04:40:59 PM  

Jenn Doe, representing the Denver Domestic Violence Coordinating Coucil, testified in support of the bill.

04:46:29 PM  

Joanne Belknap, representing herself, testified in support of the bill.

04:50:52 PM  

Ann Marie Jensen, representing Violence-free Colorado, testified in support of the bill.

04:55:39 PM  

Eileen McCarron, representing Colorado Ceasefire, testified in support of the bill.

04:59:32 PM  

Kelly Murphy, representing herself, testified in support of the bill.

05:04:35 PM  

Elizabeth Emerson, representing National Everytown for Gun Safety, testified in support of the bill. She provided a letter in support of the bill (Attachment C).

05:09:52 PM  

Reverend Wayne Laws, representing Colorado Faith Communities United to End Gun Violence, testified in support of the bill.

05:13:43 PM  

Peter Fogg, representing the Colorado Faith Communities United Against Gun Violence, testified in support of the bill and provided a written statement (Attachment D).

05:16:49 PM  

Jane Dougherty, representing herself, testified in support of the bill.

05:22:42 PM  

Kim Gibbs, representing herself, testified in support of the bill.

05:26:08 PM  

Mary Parker, representing herself, testified in support of the bill.

05:29:02 PM  

Donald Mcalady, representing himself, testified in support of the bill.

05:31:10 PM  

Lydia Waligorski, representing Violence-free Colorado, testified in support of the bill. She responded to questions from the committee.

05:39:05 PM  

Representative Weissman announced that the bill would be laid over for action only. Representatives Duran and Singer wrapped up their presentation of the bill.

05:43:42 PM  

Members of the committee commented about the bill.



HB20-1187 - Postponed Indefinitely


05:49:35 PM  

The committee took a recess.

06:03:47 PM  

The committee returned to order. Representative Liston, prime sponsor, presented House Bill 20-1187. The bill makes mail theft an unclassified misdemeanor upon a first violation and an unclassified felony upon a second violation. He provided a fact sheet about the bill (Attachment E).

06:07:20 PM  

Tristan Gorman, representing the Colorado Criminal Defense Bar, testified in opposition to the bill. She responded to questions from the committee.

06:19:20 PM  

The committee continued to discuss the bill with Ms. Gorman.

06:21:49 PM  

Janet Huffor, representing the El Paso County Sheriff's Office, testified in support of the bill.

06:25:54 PM  

Deputy Scott Stone, representing the El Paso County Sheriff's Office, testified in support of the bill.

06:29:00 PM  

Lieutenant Cheryl Peck, representing the El Paso County Sheriff's Office, testified in support of the bill.

06:30:57 PM  

Detective Tre White, representing the El Paso County Sheriff's Office, testified in support of the bill.

06:34:19 PM  
The panel of witnesses responded to questions from the committee.
06:44:30 PM  

The committee continued to discuss the bill with the panel of witnesses.

06:58:09 PM  

Eric Manuel, representing the U.S. Postal Inspection Service, testified in support of the bill.

07:01:45 PM  

Chris Howes, representing the Colorado Retail Council, testified in support of the bill.

07:07:27 PM  

The witnesses responded to questions from the committee.

07:18:25 PM  

Sophia San Miguel, representing herself, testified about the bill.



07:22:31 PM
Motion Adopt amendment L.001 (Attachment F).
Moved Carver
Seconded McKean
Benavidez
Carver
Gonzales-Gutierrez
McKean
Roberts
Soper
Tipper
Herod
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
07:22:37 PM  

Representative Liston wrapped up his presentation of the bill and explained amendment L.001 (Attachment F). Members of the committee commented about the bill.



07:46:04 PM
Motion Postpone House Bill 20-1187 indefinitely.
Moved Carver
Seconded Tipper
Benavidez Yes
Carver Yes
Gonzales-Gutierrez Yes
McKean Yes
Roberts Yes
Soper Yes
Tipper Yes
Herod Yes
Weissman Yes
Final YES: 9   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB20-1267 - Amended, referred to House Appropriations

07:46:42 PM  

Representative Tipper, prime sponsor, presented House Bill 20-1267.  The bill requires providers of telecommunication services in jails to maintain and report certain data to the Public Utilities Commission, and grants the commission authority over these service providers. She provided and explained amendments L.002 (Attachment G) and L.003 (Attachment H).

07:50:05 PM  

The committee took a brief recess.

07:58:25 PM  

The committee returned to order.

08:07:05 PM  

Representative Tipper submitted several letters in support of the bill (Attachment I). She responded to questions from the committee.

08:11:58 PM  

Denise Maes, representing the ACLU of Colorado, testified in support of the bill.

08:15:03 PM  

Helen Griffiths, representing the ACLU of Colorado, testified in support of the bill.

08:18:59 PM  

Kathy White, representing the Colorado Fiscal Institute, testified in support of the bill.

08:21:14 PM  

Rebecca Wallace, representing the ACLU of Colorado, responded to questions about the bill.

08:26:20 PM  

The panel of witnesses continued to respond to questions from the committee.

08:31:55 PM  

Jane Ritter, representing the Office of Legislative Legal Services, came to the table to respond to questions about the drafting of the bill.

08:35:02 PM  

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

08:38:54 PM  

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

08:42:07 PM  

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

08:47:08 PM  

Elizabeth Epps, representing the Colorado Freedom Fund, testified in support of the bill. She provided a fact sheet about the bill (Attachment J).

08:49:44 PM  

The panel of witnesses responded to questions from the committee.

08:57:13 PM  

Sophia San Miguel, representing herself, testified about the bill.



09:01:12 PM
Motion Adopt amendment L.003 (Attachment H).
Moved Tipper
Seconded Gonzales-Gutierrez
Benavidez
Carver
Gonzales-Gutierrez
McKean
Roberts
Soper
Tipper
Herod
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


09:01:41 PM
Motion Adopt amendment L.002 (Attachment G).
Moved Tipper
Seconded Gonzales-Gutierrez
Benavidez
Carver
Gonzales-Gutierrez
McKean
Roberts
Soper
Tipper
Herod
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
09:05:05 PM  

Members of the committee commented about their positions on the bill.



09:05:52 PM
Motion Refer House Bill 20-1267, as amended, to the Committee on Appropriations.
Moved Tipper
Seconded Herod
Benavidez Yes
Carver Yes
Gonzales-Gutierrez Yes
McKean Yes
Roberts Yes
Soper Yes
Tipper Yes
Herod Yes
Weissman Yes
Final YES: 9   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB20-083 - Referred to the Committee of the Whole


09:06:10 PM  

Representative Herod, prime sponsor, presented Senate Bill 20-083. The bill prohibits the civil arrest of a person who is present at a courthouse or on its environs, or while going to, attending, or coming from a court proceeding and provides remedies. She responded to questions from the committee.

09:11:03 PM  

Arash Jahanian, representing the Meyer Law Office, testified in support of the bill.

09:14:30 PM  

Christopher Lasch, representing himself, testified in support of the bill. He provided a packet of information (Attachment K).

09:17:22 PM  
Hans Meyer, representing the Meyer Law Office, testified in support of the bill.
09:19:26 PM  

Renee Najera, representing herself, testified in support of the bill.

09:23:29 PM  

The panel of witnesses responded to questions from the committee.

09:32:57 PM  

Jake Lily, representing himself, testified in support of the bill.

09:37:07 PM  

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

09:39:55 PM  

Kelly Osuna, representing the Colorado Education Association, testified in support of the bill.

09:43:30 PM  

Eliza Hamrick, representing the Colorado Education Association, testified in support of the bill.

09:46:25 PM  

The panel of witnesses responded to questions from the committee.

09:53:08 PM  

Jill Dorancy, representing the Sam Cary Bar Association, testified in support of the bill.

09:56:25 PM  

Annie Martinez, representing the Colorado Hispanic Bar Association, testified in support of the bill.

09:59:31 PM  

Ellen Giarratana, representing the Colorado Women's Bar Association, testified in support of the bill.

10:02:34 PM  

David Maxted, representing the Colorado Bar Association, testified in support of the bill.

10:03:50 PM  

Alan Brozovich, representing himself, testified in support of the bill. He provided a packet of information (Attachment L).

10:07:35 PM  

Omer Silva, representing himself, testified in support of the bill and addressed the research in Attachment L.

10:10:01 PM  

Denise Maes, representing the ACLU of Colorado, testified in support of the bill.

10:11:53 PM  

Travis Weiner, representing himself, testified in support of the bill.

10:15:26 PM  

Ana Rodriguez, representing Colorado People's Alliance, testified in support of the bill.

10:18:27 PM  

Sophia San Miguel, representing herself, testified about the bill.

10:21:38 PM  

Lydia Waligorski, representing Violence-free Colorado, testified in support of the bill.

10:24:09 PM  

Various written statements were entered into the recordM (Attachment M).



10:27:06 PM
Motion Refer Senate Bill 20-083 to the Committee of the Whole.
Moved Herod
Seconded Gonzales-Gutierrez
Benavidez Yes
Carver No
Gonzales-Gutierrez Yes
McKean No
Roberts Yes
Soper No
Tipper Yes
Herod Yes
Weissman Yes
Final YES: 6   NO: 3   EXC: 0   ABS:  0   FINAL ACTION:  PASS


10:27:16 PM   The committee adjourned.






The House and Senate are temporarily adjourned.  The building is closed to the public.

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