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H_JUD_2021A 05/18/2021 01:34:19 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON JUDICIARY
Date 05/18/2021
Attendance
Bacon X
Benavidez X
Bockenfeld X
Carver X
Daugherty X
Luck X
Lynch X
Roberts X
Woodrow X
Tipper X
Weissman X
Time 01:34:19 PM to 09:20:40 PM
Place Old State Library
This Meeting was called to order by Weissman
This Report was prepared by Bo Pogue
Hearing Items Action Taken
SB21-193 Amended, referred to House Appropriations
HB21-1313 Amended, referred to House Appropriations
SB21-138 Referred to House Appropriations
HB21-1309 Committee Discussion Only

SB21-193 - Amended, referred to House Appropriations

01:34:32 PM  

The committee was called to order. A quorum was present. Representative Herod, prime sponsor, presented Senate Bill 21-193, concerning the protection of a pregnant person's rights during the prenatal period. Representative Herod explained the effect of the bill and discussed its need.

01:46:37 PM  
Indra Lusero, representing Elephant Circle, testified in support of SB 21-193.

Katherine Reilly, representing the Colorado Organization for Latina Opportunity and Reproductive Rights, testified in support of the bill.

Lizzy Hinkley, representing the ACLU, testified in support of the bill.

Ms. Lusero responded to questions regarding the impact of the bill on Caesarian births. Discussion ensued regarding due process issues, and the scope of the bill in terms of who will be impacted by it. Discussion followed regarding certain jurisprudence invoked by the bill.

02:17:00 PM  
Kristina Fedran, representing herself, testified in support of SB 21-193.

Vita Malama, representing herself, testified in support of the bill.

Nelia Borden, representing herself, testified in support of the bill.

Jen Anderson-Tarver, representing Elephant Circle, testified in support of the bill.

Christina Yebuah, representing the Colorado Center on Law and Policy, testified in support of the bill.

02:38:46 PM  
The committee returned to order. Representative Herod explained the effect of amendment L.014 (Attachment A).


02:40:44 PM
Motion Adopt amendment L.014
Moved Tipper
Seconded Luck
Bacon
Benavidez
Bockenfeld
Carver
Daugherty
Luck
Lynch
Roberts
Woodrow
Tipper
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
02:40:47 PM  
Representative Herod explained the effect of amendment L.015 (Attachment B). Representative Herod responded to questions regarding other pending legislation related to SB 21-193.


02:43:16 PM
Motion Adopt amendment L.015
Moved Tipper
Seconded Weissman
Bacon
Benavidez
Bockenfeld
Carver
Daugherty
Luck
Lynch
Roberts
Woodrow
Tipper
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
02:43:18 PM  
Representative Herod explained the effect of amendment L.016 (Attachment C).


02:44:10 PM
Motion Adopt amendment L.016
Moved Tipper
Seconded Roberts
Bacon
Benavidez
Bockenfeld
Carver
Daugherty
Luck
Lynch
Roberts
Woodrow
Tipper
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


02:47:06 PM
Motion Refer Senate Bill 21-193, as amended, to the Committee on Appropriations.
Moved Tipper
Seconded Woodrow
Bacon Yes
Benavidez Yes
Bockenfeld No
Carver No
Daugherty Yes
Luck No
Lynch No
Roberts Yes
Woodrow Yes
Tipper Yes
Weissman Yes
Final YES: 7   NO: 4   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB21-1313 - Amended, referred to House Appropriations


02:47:20 PM  

Representatives Benavidez and Gonzales-Gutierrez, prime sponsors, presented House Bill 21-1313, concerning permitting the office of the child protection ombudsman to initiate investigations on behalf of unaccompanied immigrant children who are housed in state-licensed residential child care facilities.  Representative Benavidez explained the effect of the bill and discussed its need. Representative Gonzales-Gutierrez provided additional input on the merits of the bill. Discussion ensued regarding potential preemption issues based on the federal government operating the facility that falls under the bill's purview, and oversight of the facility. Representative Benavidez responded to questions regarding the scope of the bill in terms of number of affected facilites.

03:05:02 PM  

Stephanie Villafuerte, representing the Office of the Child Protection Obudsman, testified in support of HB 21-1313. Joseph Salazar, representing himself, testified in support of the bill. Ms. Villafuerte responded to questions regarding how her office would fulfill the mandates of the bill.

03:18:19 PM  

Janine Young, representing Denver Health, testified in support of HB 21-1313. Lily Cervantes, representing Denver Health, testified in support of the bill. Sarah Rowan, representing Denver Health, testified in support of the bill. Discussion ensued regarding federal Centers for Disease Control and Prevention guidelines for screening immigrants.

03:32:38 PM  

Representative Benavidez explained the effect of amendment L.001 (Attachment D).



03:36:12 PM
Motion Adopt amendment L.001
Moved Benavidez
Seconded Tipper
Bacon
Benavidez
Bockenfeld
Carver
Daugherty
Luck
Lynch
Roberts
Woodrow
Tipper
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
03:36:14 PM  
Representatives Gonzales-Gutierrez and Benavidez provided closing remarks in support of HB 21-1313.


03:39:38 PM
Motion Refer House Bill 21-1313, as amended, to the Committee on Appropriations.
Moved Benavidez
Seconded Tipper
Bacon Yes
Benavidez Yes
Bockenfeld Yes
Carver Yes
Daugherty Yes
Luck Yes
Lynch Yes
Roberts Yes
Woodrow Yes
Tipper Yes
Weissman Yes
Final YES: 11   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB21-138 - Referred to House Appropriations


03:40:14 PM  
The committee recessed.
03:46:54 PM  

The committee returned to order. Representatives Sandridge and Bacon, prime sponsors, presented Senate Bill 21-138, concerning measures to improve support of persons in the criminal justice system with a brain injury. Representative Bacon explained the effect of the bill and discussed its need. Representative Sandridge provided additional input on the merits of the legislation. Representative Bacon responded to questions regarding the bill's purpose. Representative Sandridge discussed the screening process enabled by the bill.

03:58:44 PM  
Kim Gorgens, representing herself, testified in support of SB 21-138.

Marchell Taylor, representing AYBOS Marketing, testified in support of the bill.

Corey Shively, representing AYBOS Marketing, testified in support of the bill.

Dr. Gorgens responded to questions regarding the screening process for identifying brain injuries, and the factors that exacerbate brain injuries. Mr. Shively responded to questions regarding conducting a pilot program under the bill, and how offenders are handled after they've been identified as having a brain injury.

04:20:13 PM  
Keith Parker, representing the Parker Stokes Mental Health Foundation and AYBOS, testified in support of SB 21-138.

Stacey Young, representing AYBOS Marketing, testified in support of the bill.

Aaron Greco, representing the Department of Corrections, testified in support of the bill.

Mr. Greco responded to questions regarding the administration of a task force created by the bill, and the fiscal impact of the bill. Mr. Greco responded to further questions regarding the scope of the pilot program created by the bill.

04:40:01 PM  
Terri Hurst, representing the Colorado Criminal Justice Reform Coalition, testified in support of SB 21-138.

Steffan Richardson, representing Tribe Recovery Homes, testified in support of the bill.

04:44:28 PM  
No amendments were offered to SB 21-138. Representatives Sandridge and Bacon provided closing remarks in support of the bill. Representatives Tipper and Weissman discussed the merits of the legislation.


04:53:59 PM
Motion Refer Senate Bill 21-138 to the Committee on Appropriations.
Moved Bacon
Seconded Tipper
Bacon Yes
Benavidez Yes
Bockenfeld No
Carver Yes
Daugherty Yes
Luck Yes
Lynch Yes
Roberts Yes
Woodrow Yes
Tipper Yes
Weissman Yes
Final YES: 10   NO: 1   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB21-1309 - Committee Discussion Only


04:54:10 PM  

Representatives Roberts and Carver, prime sponsors, presented House Bill 21-1309, concerning measures related to permitting continuing a criminal trial because of the COVID-19 pandemic. Representative Roberts explained the effect of the bill and discussed its need. Representative Carver provided additional input regarding the bill. Representative Roberts responded to questions regarding how bond hearings and the granting of bond intersect with the bill's allowance for continuance of trial, and the number of backlogged criminal cases in Colorado's court system. Discussion ensued regarding the length of time that a defendant would be in jail awaiting trial under the bill.

05:11:14 PM  

Michael Dougherty, representing himself, testified in support of HB 21-1309. Christian Champagne, representing the Sixth Judicial District Attorney's Office, testified in support of the bill. Matt Karzen, representing the Colorado District Attorneys' Council, testified in support of the bill. Discussion ensued regarding the timeline from a defendant's arrest to trial and how the bill would affect that timeline, and the effect of rules promulgated by the Colorado Supreme Court to address the COVID pandemic. Discussion followed regarding the number of trials that can be conducted in a given judicial district, and how other states are accommodating a trial backlog. Discussion turned to the stakeholder process in crafting the bill, and protections in the bill that prevent a defendant from being incarcerated for an additional six months. The district attorneys then responded to questions regarding the number of defendants held without bond in their jurisdictions.

05:52:32 PM  
Joseph Michaels, representing the Attorney General's Office, testified in support of HB 21-1309.

Beth McCann, representing herself, testified in support of the bill.

Mr. Michaels responded to questions regarding how federal courts are accommodating the COVID-related criminal case backlog. Ms. McCann provided input on this issue. Discussion ensued regarding rules promulgated by the Colorado Supreme Court to help alleviate the backlog.

06:12:42 PM  
Mitch Ahnstedt, representing Public Defender, testified in opposition to HB 21-1309.

Justin Bogan, representing Public Defender, testified in opposition to the bill.

Albert Singleton, representing Public Defender, testified in opposition to the bill.

Sarah Quinn, representing Public Defender, testified in opposition to the bill.

Discussion ensued regarding how cases might be prioritized to ensure trials happen in a speedier fashion. Mr. Singleton responded to questions regarding how judges might assist in this regard, and his concerns considering the relative lack of a backlog in his district. Mr. Ahnstedt provided further input on the latter question. Discussion ensued regarding the level of case backlog in the panelists' respective districts. Discussion followed regarding how the panelists' jurisdictions have used backlog-related rules promulgated by the Colorado Supreme Court.

07:00:40 PM  
Thea Reiff, representing Public Defender, testified in opposition to HB 21-1309.

Ray Torres, representing Public Defender, testified in opposition to the bill.

Rosalie Roy, representing Public Defender, testified in opposition to the bill.

Steve Colvin, representing Public Defender, testified in opposition to the bill.

07:19:16 PM  
James Karbach, representing Public Defender, testified in opposition to HB 21-1309.

Demetria Trujillo, representing Public Defender, testified in opposition to the bill.

Nicole Collins, representing Public Defender, testified in opposition to the bill.

Ara Ohanian, representing Public Defender, testified in opposition to the bill.

Discussion ensued regarding how to improve the bill, and how to prioritize cases already continued due to the pandemic.

07:42:53 PM  
Kathryn Hay, representing Public Defender, testified in opposition to HB 21-1309.

Brian Johnson, representing Public Defender, testified in opposition to the bill.

Patrick Crane, representing the Office of the State Public Defender, testified in opposition to the bill.

Molly Hamsher, representing the Office of the State Public Defender, testified in opposition to the bill.

Ms. Hamsher responded to questions regarding the timeline for trials in her judicial district. Discussion ensued regarding potential solutions to judicial backlogs.

08:02:13 PM  
Daniel Zettler, representing the Office of the State Public Defender, testified in opposition to HB 21-1309.

Emily Tofte Nestaval, representing the Rocky Mountain Victim Law Center, testified on the bill from an "amend" position.

08:09:51 PM  
Phil Cherner, representing the Sam Cary Bar Association, testified in opposition to HB 21-1309.

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

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

Discussion ensued regarding how the bill applies to out-of-custody and in-custody defendants.

08:29:20 PM  
Steven Vasconcellos, representing the Judicial Branch, testified in support of HB 21-1309.

Michael Martinez, representing the Judicial Branch, testified in support of the bill.

Michelle Amico, representing the Judicial Branch, testified in support of the bill.

Discussion ensued regarding prioritization of jury trials, and the mechanism available to the courts for continuing cases absent passage of the bill and with the expiration of a Supreme Court rule allowing continuance. Discussion followed regarding whether the bill requires granting of a continuance when a prosecutor requests it, rather than it being discretionary for the court.

09:10:52 PM  
Mary-Claire Mulligan, representing herself, testified in opposition to HB 21-1309.

Ms. Mulligan responded to questions regarding how COVID-related trial backlogs have been addressed in other jurisdictions.

09:19:09 PM  
Chairman Weissman laid over HB 21-1309.


09:20:40 PM   The committee adjourned.






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