H_JUD_2022A 03/29/2022 01:36:00 PM Committee Summary PUBLICSTAFF SUMMARY OF MEETINGHOUSE COMMITTEE ON JUDICIARY Date 03/29/2022 Attendance Bacon X Benavidez X Bockenfeld X Carver X Daugherty X Luck X Lynch * Roberts * Woodrow X Tipper X Weissman X Time 01:36:00 PM to 03:30:36 PM Place Old State Library This Meeting was called to order by Weissman This Report was prepared by Bo Pogue Hearing Items Action Taken hSB22-100 Referred to House Appropriations hHB22-1210 Amended, referred to House Appropriations hSB22-103 Referred to the Committee of the Whole SB22-100 - Referred to House Appropriations 01:36:14 PM The committee was called to order. A quorum was present. Representatives Duran and Esgar, prime sponsors, presented Senate Bill 22-100, concerning changes to the domestic violence fatality review board statutes. Representative Duran explained the effect of the bill. Representative Esgar discussed the need for the legislation. 01:39:55 PM Laura Kirkbride, representing herself, Laura Pearson, representing herself, Amelia Lobo, representing Violence Free Colorado, Jenn Doe, representing Project Safeguard, Carmen Hubbs, representing Rise Above Violence, and Shalyn Kettering, representing the Department of Law, made themselves available to answer questions on SB 22-100. Ms. Kettering and Ms. Hubbs responded to questions regarding how the Domestic Violence Fatality Review Board conducts research activities, particularly in rural areas. Ms. Doe responded to questions regarding data gathering. 01:52:13 PM No amendments were offered to Senate Bill 22-100. Representatives Duran and Esgar provided closing remarks in support of the bill. 01:54:20 PM The committee recessed. 01:55:58 PM The committee returned to order. 01:57:06 PM Motion Refer Senate Bill 22-100 to the Committee on Appropriations. Moved Benavidez Seconded Bacon Bacon Yes Benavidez Yes Bockenfeld Yes Carver Yes Daugherty Yes Luck No Lynch Yes Roberts Yes Woodrow Yes Tipper Yes Weissman Yes Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS HB22-1210 - Amended, referred to House Appropriations Attachment Tag File Name Attachment http://www2.leg.state.co.us/CLICS/CLICS2022A/commsumm.nsf/0/9DDC506DBCC4...$File/Attachment A.pdf?OpenElement Attachment A.pdf 01:57:34 PM Representatives Duran and Benavidez, prime sponsors, presented House Bill 22-1210, concerning the continuation of the Domestic Offender Management Board, and, in connection therewith, implementing the recommendations contained in the 2021 sunset report by the Department of Regulatory Agencies. Representative Duran explained the need for the bill. Representative Benavidez explained the effect of the bill and the effect of amendment L.001 (Attachment A). Representative Benavidez responded to questions regarding compliance reviews of treatment providers under amendment L.001. 02:06:17 PM Amy Lobo, representing Violence Free Colorado, testified in support of HB 22-1210. Amy Pohl, representing Project Safeguard, read the testimony of Jennifer Eyl in support of the bill. 02:12:19 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 02:12:23 PM Representatives Benavidez and Duran provided closing remarks in support of HB 22-1210. Representative Bacon discussed outreach to underserved communities with respect to domestic violence. Representative Weissman provided input regarding the bill. 02:17:29 PM Motion Refer House Bill 22-1210, as amended, to the Committee on Appropriations. Moved Benavidez Seconded Tipper Bacon Yes Benavidez Yes Bockenfeld Yes Carver Yes Daugherty Yes Luck No Lynch Yes Roberts Yes Woodrow Yes Tipper Yes Weissman Yes Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS SB22-103 - Referred to the Committee of the Whole 02:25:57 PM Representative Tipper, prime sponsor, presented Senate Bill 22-103, concerning a remedy for improperly entered guilty pleas. Representative Tipper explained the effect of the bill and discussed its need. She also discussed some amendments to the bill passed in the Senate. Representative Tipper responded to questions regarding the constitutionality of certain aspects of the bill, and evidence required under the bill. Representative Tipper responded to further questions regarding how defense counsel would properly advise clients under the bill. 02:36:38 PM Kristi Englekirk, representing The Meyer Law Office, testified in support of SB 22-103. Tim Lane, representing the Colorado District Attorney's Council, testified on the bill from a neutral position. Discussion ensued regarding how the bill affects the statute of limitations in certain cases, and coverage of certain aspects of the bill by existing law pertaining to ineffective assistance of counsel. Discussion followed regarding the placement of the burden of proof. Hans Meyer, representing The Meyer Law Office, provided input on this issue. Mr. Lane responded to questions regarding the inclusion of the word "solely" in the bill with respect to evidence. Mr. Meyer testified in support of the bill. Mr. Meyer and Mr. Lane responded to questions regarding certain constitutional issues invoked by the bill. Discussion ensued regarding the types of crimes impacted by the bill. 03:11:27 PM No amendments were offered to SB 22-103. Representative Tipper provided closing remarks in support of the bill. Various committee members made concluding comments on the bill. 03:19:59 PM The committee recessed. 03:25:30 PM The committee returned to order. 03:26:45 PM Motion Refer Senate Bill 22-103 to the Committee of the Whole. Moved Tipper Seconded Benavidez Bacon Yes Benavidez Yes Bockenfeld No Carver No Daugherty Yes Luck No Lynch No Roberts Excused Woodrow Yes Tipper Yes Weissman Yes Final YES: 6 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: PASS 03:30:36 PM The committee adjourned.