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H_JUD_2021A 04/28/2021 01:36:37 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON JUDICIARY
Date 04/28/2021
Attendance
Benavidez X
Bockenfeld X
Bradfield X
Carver X
Daugherty X
Gonzales-Gutierrez X
Luck X
Roberts X
Sirota *
Tipper X
Weissman X
Time 01:36:37 PM to 11:04:09 PM
Place Old State Library
This Meeting was called to order by Weissman
This Report was prepared by Bo Pogue
Hearing Items Action Taken
SB21-017 Amended, referred to the Committee of the Whole
SB21-081 Committee Discussion Only
HB21-1215 Amended, referred to House Appropriations
HB21-1251 Amended, referred to the Committee of the Whole

SB21-017 - Amended, referred to the Committee of the Whole


01:36:54 PM  

Representatives Bradfield and Larson, prime sponsors, presented Senate Bill 21-017, concerning sexual contact between a student and an educator in violation of the public trust. The committee heard testimony on the bill at its March 16 meeting. Representative Larson discussed amendment L.002 (Attachment A), a strike-below amendment. Discussion ensued regarding why several statutory articles are being amended in the bill, and consequences for violating the provisions of the bill. Representative Larson responded to questions regarding licensure of college professors, and the timing associated with terminating a teacher under the bill. Discussion followed regarding settlement agreements that may arise under the bill.



01:55:01 PM
Motion Adopt amendment L.002
Moved Weissman
Seconded Tipper
Benavidez No
Bockenfeld Yes
Bradfield Yes
Carver Yes
Daugherty Excused
Gonzales-Gutierrez Yes
Luck Yes
Roberts Yes
Sirota Yes
Tipper Yes
Weissman Yes
YES: 9   NO: 1   EXC: 1   ABS:  0   FINAL ACTION:  PASS
01:55:12 PM  
The prime sponsors of SB 21-017 provided closing remarks in support of the bill. Representatives Tipper and Weissman provided their positions on the bill.


02:01:22 PM
Motion Refer Senate Bill 21-017, as amended, to the Committee of the Whole.
Moved Tipper
Seconded Sirota
Benavidez No
Bockenfeld Yes
Bradfield Yes
Carver Yes
Daugherty Excused
Gonzales-Gutierrez Yes
Luck Yes
Roberts Yes
Sirota Yes
Tipper Yes
Weissman Yes
Final YES: 9   NO: 1   EXC: 1   ABS:  0   FINAL ACTION:  PASS



SB21-081 - Committee Discussion Only


02:01:46 PM  

Representative Michaelson Jenet, prime sponsor, presented Senate Bill 21-081, concerning procedural measures to prevent the misuse of the Safe2tell Program. Representative Michaelson Jenet explained the effect of the bill and discussed its need.

02:08:20 PM  

Stan Hilkey, Representing the Department of Public Safety, testified in support of SB 21-081. Benjamin Goff, representing himself, testified in support of the bill. Christian Gardner-Wood, representing the Boulder District Attorney's Office and the Colorado District Attorneys' Council, testified in support of the bill. Director Hilkey responded to questions regarding the number of false reports fielded by the Safe2Tell Program, and the process by which a search warrant may be obtained under the bill. Mr. Gardner-Wood provided additional information regarding the ability of the Department of Law to notify a school of a threat under current law, and what additional powers the bill grants to the Department of Law. Mr. Gardner-Wood responded to further questions regarding sharing of information under the bill. Discussion ensued regarding the process by which Safe2Tell calls are processed under the program.

02:50:23 PM  
Ann Roan, representing the Colorado Criminal Defense Bar, testified on SB 21-081 from a neutral position, noting that it would oppose the bill if certain forthcoming amendments were to pass. Ms. Roan responded to questions regarding her organization's position on the bill, and the administration of Safe2Tell by the Department of Public Safety and the Department of Law under the bill.
03:09:45 PM  

Brandon Shaffer, representing himself, testified in support of HB 21-081. Kevin Klein, representing the Department of Public Safety, made himself available to respond to questions regarding the Safe2Tell Program. Kevin Klein responded to questions regarding the division of duties in administering the Safe2Tell Program between the Department of Public Safety and the Department of Law, and how he has revealed certain information to authorities under current law. Mr. Klein responded to further questions regarding potential forthcoming amendments.

03:29:52 PM  
Tobin Stone, representing himself, testified in support of SB 21-081.

Andrew Fairbanks, representing the St. Vrain Valley School District and Frederick Police Department, testified in support of the bill.

Mr. Stone responded to questions regarding the use of Safe2Tell by high school students.

03:38:31 PM  
Representative Michaelson Jenet discussed the merits of SB 21-081 The chair laid the bill over.



HB21-1215 - Amended, referred to House Appropriations


03:41:22 PM  

Representatives Ortiz and Holtorf, prime sponsors, presented House Bill 21-1215, concerning the expansion of the Justice Reinvestment Crime Prevention Initiative, and, in connection therewith, creating a small business grant program for justice-system-involved persons  The sponsors screened a short video. Representative Holtorf explained the effect of the bill and discussed its need. Representative Ortiz provided additional input regarding the merits of the bill. Discussion ensued regarding the areas selected to stage offender reentry services under the bill, and the objectives for expanding the Justice Reinvestment Crime Prevention Initiative. Discussion followed regarding why the sponsors changed the eligibility criteria for participating in the initiative under amendment L.001 (Attachment B), as compared to the introduced bill.

04:11:24 PM  

Christie Donner, representing the Colorado Criminal Justice Reform Coalition, testified in support of HB 21-1215. Danny Ballestreros, representing himself, testified in support of the bill. Cory Arcarese, representing the Colorado Enterprise Fund, testified in support of the bill. Ms. Donner responded to questions raised during earlier discussion. Discussion ensued regarding the routing of funding under the bill. Committee members received a fact sheet supporting the bill (Attachment C). Discussion followed regarding the division of funding under the bill, and the areas covered by the expansion of the Justice Reinvestment Crime Prevention Initiative. Discussion returned to the funding scheme under the bill. Discussion turned to the success of previous deployments of the initiative.

04:54:50 PM  
Phillip Rico, representing the City of Trinidad, testified in support of HB 21-1215.

Theresa Rinne-Meyers, representing the Rocky Mountain Microfinance Institute, testified in support of the bill.

Juaquin Mobley, representing CommunityWorks, testified in support of the bill.

05:04:59 PM  
Bruce Eisenhauer, representing the Department of Local Affairs, made himself available for questions. Mr. Eisenhauer responded to questions regarding sunset review for the Justice Crime Prevention Initiative, and administration of the program. Mr. Eisenhauer responded to questions regarding the success rate of the program.


05:14:59 PM
Motion Adopt amendment L.001
Moved Weissman
Seconded Tipper
Benavidez
Bockenfeld
Bradfield
Carver
Daugherty
Gonzales-Gutierrez
Luck
Roberts
Sirota
Tipper
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
05:15:01 PM  
The sponsors of HB 21-1215 provided closing remarks in support of the bill. Various committee members provided their positions on the bill.


05:27:19 PM
Motion Refer House Bill 21-1215, as amended, to the Committee on Appropriations.
Moved Weissman
Seconded Tipper
Benavidez No
Bockenfeld No
Bradfield Yes
Carver No
Daugherty Yes
Gonzales-Gutierrez Yes
Luck No
Roberts Yes
Sirota Yes
Tipper Yes
Weissman Yes
Final YES: 7   NO: 4   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB21-1251 - Amended, referred to the Committee of the Whole

05:27:56 PM  

Representatives Caraveo and Herod, prime sponsors, presented House Bill 21-1251, concerning the appropriate use of ketamine upon a person in a prehospital setting. Representative Caraveo explained the effect of the bill and discussed its need. Representative Herod provided additional input on the need for the bill, and explained the effect of some forthcoming amendments. Representative Caraveo responded to questions regarding the effects and uses of ketamine, demographic data on the use of chemical restraints by law enforcement, and the ease with which medical personnel can be available with respect to the administration of chemical restraints. Representative Herod provided input on these questions.

05:51:14 PM  
Elijiah McKnight, representing himself, testified in support of HB 21-1251.

Jeremiah Axtel, representing himself, testified in support of the bill.

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

Teresa Fuentes, representing herself, testified in support of the bill.

Steven Reycraft, representing himself, testified in support of the bill.

Mickey Axtel Mauck, representing herself, testified in support of the bill.

Mr. McKnight further discussed his experience with being injected with ketamine. Ms. Mauck responded to questions regarding the administration of ketamine on her son. Discussion ensued regarding complaints filed by panelists who were subjected to ketamine injection.

06:28:51 PM  

William Dunn, representing the Emergency Medical Services Association of Colorado, testified in opposition to HB 21-1251. Gabrielle Jacknin, representing herself, testified on the bill from an "amend" position. Thom Dunn, representing himself, testified in opposition to the bill. Jeremy DeWall, representing the National Association of Emergency Medical Services Physicians Colorado Chapter, testified in opposition to the bill. William Dunn responded to questions regarding the waiver process for administering drugs, personnel on scene when ketamine is administered, and his position on the bill if amendments were to be adopted. Discussion ensued regarding the safety of ketamine, and anesthesiologists involved in emergency medical services. William Dunn responded to further questions regarding protocols for administering ketamine. Thom Dunn responded to questions regarding cooperation among on-scene personnel when administering ketamine, and criminal provisions in the bill restricting conversations among on-scene personnel.

07:12:10 PM  
Qusair Mohamedbhai, representing himself, testified in support of HB 21-1251.

Anita Springsteen, representing herself, testified in support of the bill.

07:24:09 PM  

Kevin McVaney, representing the Denver Health and Hospital Authority, testified in opposition to HB 21-1251. Yolanda Amezcua, representing the Denver Health and Hospital Authority, testified in opposition to the bill. Mack Thompson, representing Denver Health, testified in opposition to the bill. The panel responded to questions regarding whether they have administered chemical restraints at the request of law enforcement. Mr. McVaney responded to questions regarding how suspects were restrained before the use of ketamine, and the complication rate from the use of ketamine. The panel responded to questions regarding the use of ketamine on a suspect that is seemingly under control, and the receipt of information from law enforcement when at a scene. Discussion ensued regarding how amendment L.001 (Attachment D), a strike-below amendment, will change the bill. Mr. Thompson responded to questions regarding the timing for using ketamine during an active scene.

08:23:56 PM  
Gary Bryskiewicz, representing Denver Health Paramedic Division, testified in opposition to HB 21-1251.

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

Mr. Bryskiewicz responded to questions regarding communication between law enforcement and paramedics at a scene. Mr. Sloan responded to questions regarding provisions in the bill pertaining to criminal sanctions for law enforcement for failing to report certain information. Mr. Sloan responded to further questions regarding potential trepidation on the part of law enforcement to engage in certain communications under the bill, and information provided to paramedics when they are dispatched to a scene.

08:57:41 PM  

Tyler Brown, representing himself, testified on HB 21-1251 from an "amend" perspective. Suzette Freidenberger, representing the Colorado Fraternal Order of Police, testified in opposition to the bill. Allison Trop, representing the Colorado Chapter of the American College of Emergency Physicians, testified on the bill from an "amend" perspective. Remle Crowe, representing ESO, testified on the bill from an "amend" position. Discussion ensued regarding uses of ketamine beyond chemical restraint, and certain reporting requirements in the bill. Sheriff Brown responded to questions regarding the administration of ketamine by law enforcement in rural communities. Dr. Crowe responded to questions regarding intubation rates associated with ketamine administration, and demographics associated with the use of ketamine as a restraint.

09:28:25 PM  
Don Lombardi, representing the West Metro Fire Department, testified in opposition to the bill. Chief Lombardi responded to questions regarding the process by which paramedics call medical directors with respect to a second Ketamine application, and restricting the use of Ketamine to alleviate pain under amendment L.001.
09:41:57 PM  
Frank Sturgell, representing himself, testified on SB 21-1251 from an "amend" perspective.

Daniel Janik, representing the Colorado Society of Anesthesiology, testified in support of the bill.

Steven Zeichner, representing the Colorado Society of Anesthesiology, testified in support of the bill.

Randall Clark, representing the Colorado Society of Anesthesiology, testified in support of the bill.

Dr. Clark responded to questions regarding his qualifications to speak on the administration of Ketamine, and the interplay between paramedical and anesthesiology practices.



10:12:38 PM
Motion Adopt amendment L.003
Moved Tipper
Seconded Gonzales-Gutierrez
Benavidez
Bockenfeld
Bradfield
Carver
Daugherty
Gonzales-Gutierrez
Luck
Roberts
Sirota
Tipper
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
10:12:45 PM  
Representatives Caraveo explained the effect of amendment L.003 (Attachment _). Discussion ensued regarding the change of a definition under the bill.
10:13:14 PM  

Representative Tipper explained the effect of amendment L.002 (Attachment F).



10:15:33 PM
Motion Adopt amendment L.002
Moved Tipper
Seconded Weissman
Benavidez
Bockenfeld
Bradfield
Carver
Daugherty
Gonzales-Gutierrez
Luck
Roberts
Sirota
Tipper
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
10:15:41 PM  

Representative Herod explained the effect of amendment L.004 (Attachment G).  Discussion ensued regarding amendment L.005 (Attachment H).



10:16:51 PM
Motion Adopt amendment L.004
Moved Tipper
Seconded Daugherty
Benavidez
Bockenfeld
Bradfield
Carver
Daugherty
Gonzales-Gutierrez
Luck
Roberts
Sirota
Tipper
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


10:17:23 PM
Motion Adopt amendment L.005
Moved Tipper
Seconded Daugherty
Benavidez
Bockenfeld
Bradfield
Carver
Daugherty
Gonzales-Gutierrez
Luck
Roberts
Sirota
Tipper
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
10:19:31 PM  
Representative Carver explained the effect of amendment L.009 (Attachment _). Discussion ensued on the merits of the amendment.


10:23:02 PM
Motion Adopt amendment L.009
Moved Carver
Seconded Luck
Benavidez No
Bockenfeld Yes
Bradfield Yes
Carver Yes
Daugherty No
Gonzales-Gutierrez No
Luck Yes
Roberts No
Sirota No
Tipper No
Weissman No
YES: 4   NO: 7   EXC: 0   ABS:  0   FINAL ACTION:  FAIL
10:24:05 PM  

Representative Carver explained the effect of amendment L.007 (Attachment J). Discussion ensued regarding the merits of the amendment.



10:31:19 PM
Motion Adopt amendment L.007
Moved Carver
Seconded Luck
Benavidez No
Bockenfeld Yes
Bradfield Yes
Carver Yes
Daugherty No
Gonzales-Gutierrez No
Luck Yes
Roberts No
Sirota No
Tipper No
Weissman No
YES: 4   NO: 7   EXC: 0   ABS:  0   FINAL ACTION:  FAIL
10:32:29 PM  

Representative Carver explained the effect of amendment L.010 (Attachment K). Discussion ensued regarding the merits of the amendment.



10:37:16 PM
Motion Adopt amendment L.010
Moved Carver
Seconded Luck
Benavidez No
Bockenfeld Yes
Bradfield Yes
Carver Yes
Daugherty No
Gonzales-Gutierrez No
Luck Yes
Roberts No
Sirota No
Tipper No
Weissman No
YES: 4   NO: 7   EXC: 0   ABS:  0   FINAL ACTION:  FAIL


10:38:01 PM
Motion Adopt amendment L.001
Moved Tipper
Seconded Gonzales-Gutierrez
Benavidez
Bockenfeld
Bradfield
Carver
Daugherty
Gonzales-Gutierrez
Luck
Roberts
Sirota
Tipper
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
10:38:09 PM  
The sponsors of HB 21-1251 provided closing remarks in support of the bill. Various committee members provided their positions on the bill.


11:03:35 PM
Motion Refer House Bill 21-1251, as amended, to the Committee of the Whole.
Moved Tipper
Seconded Sirota
Benavidez Yes
Bockenfeld No
Bradfield No
Carver No
Daugherty Yes
Gonzales-Gutierrez Yes
Luck No
Roberts Yes
Sirota Yes
Tipper Yes
Weissman Yes
Final YES: 7   NO: 4   EXC: 0   ABS:  0   FINAL ACTION:  PASS


11:04:09 PM   The committee adjourned.