Skip to main content
Colorado General AssemblyToggle Main Menu
Agency NameToggle Agency Menu

S_JUD_2016A 02/17/2016 01:30:08 PM Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON JUDICIARY

Date: 02/17/2016
ATTENDANCE
Time: 01:30 PM to 04:11 PM
Aguilar
X
Cooke
X
Place: LSB B
Merrifield
X
Lundberg
*
This Meeting was called to order by
Roberts
X
Senator Roberts
This Report was prepared by
Conrad Imel
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB16-047

SB16-065

SB16-048

SB16-110

SB16-042
Postponed Indefinitely

Amended, Referred to Appropriations

Referred to the Committee of the Whole

Amended, Referred to the Committee of the Whole - Consent Calendar

Postponed Indefinitely





01:30 PM -- SB16-047



Senator Roberts, chair, called the committee to order. A quorum was present. Senator Woods, sponsor, presented Senate Bill 16-047, concerning prohibiting juvenile facilities from providing care for a juvenile who is truant. Senator Woods asked that the committee hear testimony on the bill, and then postpone indefinitely SB 16-047 following the hearing.



01:32 PM --
Senator Holbert, co-sponsor, explained his reasons for co-sponsoring the bill and sponsoring a similar bill during the 2015 legislative session.



01:36 PM --
Ms. Hannah Proff, representing the Colorado Juvenile Defender Center, testified in support of the bill. Ms. Proff provided information concerning truancy and how it relates to students dropping out of school.



01:42 PM --
Mr. Justin Cooper, representing the Colorado Criminal Justice Reform Coalition, testified in support of the bill. Mr. Cooper suggested that schools should adopt evidence based practices to reduce truant behavior. He also discussed procedures concerning detaining truant juveniles. Mr. Cooper responded to questions regarding services that may be affected by the bill.



01:48 PM --
Ms. Regan Benson, representing the Every Student Matters Project, testified in support of the bill. Ms. Benson discussed issues relating to detaining truant students, the effects of prior legislation on this subject, and her work following the passage of legislation during the 2015 legislative session.

















01:52 PM --
Ms. Jane Whatley, representing herself, testified in support of the bill. Ms. Whatley discussed her experience with her son in the truancy detention system.



01:55 PM --
Ms. Marijo Rymer, representing The ARC of Colorado, testified in support of the bill. Ms. Rymer discussed how juveniles with developmental and intellectual disabilities are treated under the existing system.



01:57 PM --
Mr. Chris Johnson, representing the County Sheriffs of Colorado, testified in support of the bill. Mr. Johnson discussed his experience as a sheriff detaining truant students.



02:00 PM --
Colorado Supreme Court Justice Brian Boatright, representing the Colorado Judicial Branch, provided testimony on the bill. Justice Boatright discussed related legislation passed during the 2015 legislative session, and provided an update on initiatives taken by the Judicial Branch following enactment of that legislation. Justice Boatright responded to questions regarding the membership of stakeholder groups created following prior legislation; truancy, generally; and why certain state departments are not involved in determining policy. In response to a question, Justice Boatright discussed potential alternatives to detention.



02:10 PM --
Mr. Loren Brown, representing the Colorado Bar Association, testified in opposition to the bill. Mr. Brown discussed constitutional concerns regarding the bill.





02:14 PM



Senator Woods provided closing remarks on the bill.

BILL: SB16-047
TIME: 02:15:32 PM
MOVED: Lundberg
MOTION: Postpone Senate Bill 16-047 indefinitely. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Aguilar
Yes
Cooke
Yes
Merrifield
Yes
Lundberg
Yes
Roberts
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





























02:16 PM -- SB16-065



Senator Roberts announced that the committee would consider, for action only, Senate Bill 16-065, concerning criminal restitution. Senator Steadman, sponsor, distributed and explained Amendments L.009 (Attachment A) and L.010 (Attachment B).



16SenateJud0217AttachA.pdf16SenateJud0217AttachA.pdf 16SenateJud0217AttachB.pdf16SenateJud0217AttachB.pdf

BILL: SB16-065
TIME: 02:23:09 PM
MOVED: Aguilar
MOTION: Adopt amendment L.009 (Attachment A). The motion passed without objection.
SECONDED:
VOTE
Aguilar
Cooke
Merrifield
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: SB16-065
TIME: 02:23:51 PM
MOVED: Aguilar
MOTION: Adopt amendment L.010 (Attachment B). The motion passed without objection.
SECONDED:
VOTE
Aguilar
Cooke
Merrifield
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
















BILL: SB16-065
TIME: 02:24:05 PM
MOVED: Aguilar
MOTION: Refer Senate Bill 16-065, as amended, to the Committee on Appropriations. The motion passed on a vote of 4-1.
SECONDED:
VOTE
Aguilar
Yes
Cooke
Yes
Merrifield
Yes
Lundberg
No
Roberts
Yes
Final YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS





02:24 PM -- SB16-048



Senator Marble, sponsor, presented Senate Bill 16-048, concerning requiring federal regulatory agencies to provide notice before using special units to conduct operations within the state. Senator Marble explained actions covered by the bill and how the bill affects federal law enforcement actions.



02:27 PM --
Sergeant Bobby Juchem, representing the Colorado State Patrol, testified in opposition to the bill. Sgt. Juchem stated that the bill exempts federal agencies that would conduct special operations, and expressed concerns regarding state authority. Senator Lundberg and Sgt. Juchem discussed federal agencies that would be subject to the bill, including which federal agencies have tactical units.





02:37 PM



Senator Lundberg and Sgt. Juchem continued to discuss federal agencies that have tactical units. Sgt. Juchem responded to questions regarding the notice requirements in the bill. Senator Marble responded to Sgt. Juchem's testimony.



02:43 PM --
Mr. Shawn Coleman, representing 36 Solutions, testified in support of the bill. Mr. Coleman discussed concerns addressed by the bill relating to marijuana cultivation. The committee, Senator Marble, and Mr. Coleman discussed issues relating to marijuana.































02:51 PM



Senator Marble provided closing remarks on the bill. Senator Lundberg explained information relating to federal agencies.

BILL: SB16-048
TIME: 02:55:12 PM
MOVED: Lundberg
MOTION: Refer Senate Bill 16-048 to the Committee of the Whole. The motion passed on a vote of 4-1.
SECONDED:
VOTE
Aguilar
No
Cooke
Yes
Merrifield
Yes
Lundberg
Yes
Roberts
Yes
Final YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS





02:55 PM -- SB16-110



Senator Woods, sponsor, presented Senate Bill 16-110, concerning protecting the privacy of child victims when releasing criminal justice records. Senator Woods distributed Amendments L.001 (Attachment C), L.003 (Attachment D), and L.004 (Attachment E).



16SenateJud0217AttachC.pdf16SenateJud0217AttachC.pdf 16SenateJud0217AttachD.pdf16SenateJud0217AttachD.pdf



16SenateJud0217AttachE.pdf16SenateJud0217AttachE.pdf





02:58 PM --
Ms. Melody Mirbaba, representing the Colorado Attorney General's Office, testified in support of the bill. Ms. Mirbaba listed the organizations that support the bill. She discussed reasons that the bill is beneficial and explained the amendments distributed by Senator Woods.





03:06 PM



The committee recessed.















03:15 PM



The committee returned to order.

BILL: SB16-110
TIME: 03:16:14 PM
MOVED: Cooke
MOTION: Adopt amendment L.001 (Attachment C). The motion passed without objection.
SECONDED:
VOTE
Aguilar
Cooke
Merrifield
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: SB16-110
TIME: 03:16:37 PM
MOVED: Cooke
MOTION: Adopt amendment L.003 (Attachment D). The motion passed without objection.
SECONDED:
VOTE
Aguilar
Cooke
Merrifield
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


























BILL: SB16-110
TIME: 03:16:55 PM
MOVED: Cooke
MOTION: Adopt amendment L.004 (Attachment E). The motion passed without objection.
SECONDED:
VOTE
Aguilar
Cooke
Merrifield
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: SB16-110
TIME: 03:17:12 PM
MOVED: Cooke
MOTION: Refer Senate Bill 16-110, as amended, to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Aguilar
Yes
Cooke
Yes
Merrifield
Yes
Lundberg
Yes
Roberts
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS







































03:18 PM -- SB16-042



Senator Aguilar, sponsor, presented Senate Bill 16-042, concerning conditional immunity from certain offenses. Senator Aguilar distributed and explained Amendments L.001 (Attachment F), L.003 (Attachment G), L.004 (Attachment H), and L.005 (Attachment I).



16SenateJud0217AttachF.pdf16SenateJud0217AttachF.pdf 16SenateJud0217AttachG.pdf16SenateJud0217AttachG.pdf



16SenateJud0217AttachH.pdf16SenateJud0217AttachH.pdf 16SenateJud0217AttachI.pdf16SenateJud0217AttachI.pdf





03:23 PM --
Ms. Helen Alvillar, representing herself, testified in support of the bill. Ms. Alvillar discussed her experience with her son's death.



03:26 PM --
Ms. Sarah Clark, representing Smart Colorado, testified in support of the bill. Ms. Clark discussed how marijuana may affect youths.



03:30 PM --
Ms. Alison Maffey, representing the Colorado Department of Public Health and Environment, testified in support of the bill. Ms. Maffey provided information on drug-related deaths, and stated that the bill would reduce drug-related teen deaths. Senator Aguilar explained a provision of the bill.



03:33 PM --
Ms. Lisa Raville, representing the Harm Reduction Action Center and Colorado Organizations Responding to AIDS, testified in support of the bill. Ms. Raville explained her experience working with those experiencing a drug overdose.



03:35 PM --
Mr. Vernon Lewis, representing the Harm Reduction Action Center, testified in support of the bill. Mr. Lewis explained reasons that people do not call 911 when an individual is experiencing an overdose, and discussed his experience assisting others.



03:37 PM --
Ms. Carol Helwig, representing Boulder County Public Health, testified in support of the bill. Ms. Helwig discussed the experience of those who need help during an overdose. She provided information on deaths caused by overdose.



03:40 PM --
Ms. Dana Richkin, representing herself, testified in support of the bill. Ms. Richkin discussed her experience with her son's opioid overdose. Ms. Richkin responded to a question relating to educating the public about immunity laws.



03:43 PM --
Mr. Ron Sloan, representing the Colorado Association of Chiefs of Police (CACP), testified on the bill. Mr. Sloan stated that CACP had not reviewed the amendments, and expressed specific concerns regarding the bill.





















03:48 PM --
Mr. Tom Raynes, representing the Colorado District Attorneys' Council, testified on the bill. Mr. Raynes discussed prior legislation concerning similar subjects and explained his concerns regarding the bill. In response to a question, Mr. Raynes discussed procedures used by law enforcement and factors considered when determining whether to press charges relating to drug overdoses.





03:58 PM



The committee and Mr. Raynes continued to discuss law enforcement actions and related prosecution.



04:01 PM --
Mr. Jeff Thormodsgaard, representing the Colorado Academy of Family Physicians, the Colorado Medical Society, AIDS service organizations in Colorado, and the Harm Reduction Action Center, testified in support of the bill. He discussed best practices related to handling opioid addiction and expressed a willingness to work on the bill.





04:03 PM



Senator Aguilar provided closing remarks on the bill. Committee members explained their positions on the bill.

BILL: SB16-042
TIME: 04:09:27 PM
MOVED: Aguilar
MOTION: Adopt amendment L.001 (Attachment F). The motion passed without objection.
SECONDED:
VOTE
Aguilar
Cooke
Merrifield
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection






























BILL: SB16-042
TIME: 04:10:05 PM
MOVED: Aguilar
MOTION: Adopt amendment L.003 (Attachment G). The motion passed without objection.
SECONDED:
VOTE
Aguilar
Cooke
Merrifield
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: SB16-042
TIME: 04:10:16 PM
MOVED: Aguilar
MOTION: Adopt amendment L.004 (Attachment H). The motion passed without objection.
SECONDED:
VOTE
Aguilar
Cooke
Merrifield
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection




































BILL: SB16-042
TIME: 04:10:35 PM
MOVED: Aguilar
MOTION: Adopt amendment L.005 (Attachment I). The motion passed without objection.
SECONDED:
VOTE
Aguilar
Cooke
Merrifield
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: SB16-042
TIME: 04:10:46 PM
MOVED: Aguilar
MOTION: Refer Senate Bill 16-042, as amended, to the Committee of the Whole. The motion failed on a vote of 2-3.
SECONDED:
VOTE
Aguilar
Yes
Cooke
No
Merrifield
Yes
Lundberg
No
Roberts
No
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL


































BILL: SB16-042
TIME: 04:11:10 PM
MOVED: Lundberg
MOTION: Postpone Senate Bill 16-042 indefinitely. The motion passed on a vote of 3-1.
SECONDED:
VOTE
Aguilar
No
Cooke
Yes
Merrifield
Excused
Lundberg
Yes
Roberts
Yes
Final YES: 3 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS





04:11 PM



The committee adjourned.


Colorado legislature email addresses ending in @state.co.us are no longer active. Please replace @state.co.us with @coleg.gov for Colorado legislature email addresses.  Details