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S_JUD_2017A 03/13/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON JUDICIARY

Date: 03/13/2017
ATTENDANCE
Time: 01:32 PM to 03:08 PM
Coram
X
Fields
X
Place: SCR 352
Kagan
X
Cooke
*
This Meeting was called to order by
Gardner
X
Senator Gardner
This Report was prepared by
Conrad Imel
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB17-1059

HB17-1038

HB17-1147

SB17-201
Amended, Referred to the Committee of the Whole - Consent Calendar

Postponed Indefinitely

Referred to the Committee of the Whole - Consent Calendar

Amended, Referred to Senate Appropriations





01:33 PM -- HB17-1059



Senator Gardner, chair, called the committee to order. Senator Tate, sponsor, presented House Bill 17-1059, concerning the scheduled repeal of reports by the Department of Public Safety to the General Assembly.



Senator Tate distributed and explained amendment L.004 (Attachment A).



17SenateJud0313AttachA.pdf17SenateJud0313AttachA.pdf








































BILL: HB17-1059
TIME: 01:35:55 PM
MOVED: Coram
MOTION: Adopt amendment L.004 (Attachment A). The motion passed without objection.
SECONDED:
VOTE
Coram
Fields
Kagan
Cooke
Excused
Gardner
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: HB17-1059
TIME: 01:36:42 PM
MOVED: Coram
MOTION: Refer House Bill 17-1059, 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
Coram
Yes
Fields
Yes
Kagan
Yes
Cooke
Yes
Gardner
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





01:37 PM -- HB17-1038



Senator Zenzinger, sponsor, presented House Bill 17-1038, concerning prohibiting corporal punishment of children in certain public settings. Senator Zenzinger explained the benefits of the bill. She responded to committee questions concerning current student discipline practices.



01:46 PM --
Mr. Dustin Curry. representing the Kempe Foundation, testified in support of the bill. Mr. Curry discussed policies in other states, and studies concerning the efficacy and impact of corporal punishment. Mr. Curry responded to questions concerning examples of corporal punishment, and certain parental notifications in other states.













01:52 PM --
Ms. Pamela Bisceglia, representing The Arc of Colorado, testified in support of the bill. She stated her reasons for supporting the bill.



01:53 PM --
Dr. Rosemarie Allen, representing herself, testified in support of the bill. Dr. Allen discussed the effects of the use of corporal punishment. She also explained the legality of corporal punishment. Dr. Allen responded to questions concerning the practice of corporal punishment based on children's race and size, and the use of such punishment in Colorado.



01:59 PM --
Ms. Evie Hudak, representing the Colorado PTA, testified in support of the bill. Ms. Hudak discussed the effect of the use of corporal punishment, including long-term consequences. She also explained alternative punishments. She responded to a question concerning the practice of corporal punishment in Colorado.



02:02 PM --
Ms. Kinette Richards, representing the Colorado Education Association, testified in support of the bill. Ms. Richards explained her reasons for supporting the bill, including commenting on the effect of corporal punishment. Senator Kagan commented. In response to questions, Ms. Richards discussed corporal punishment in the Cherry Creek School District, where she works, and the practice of corporal punishment in Colorado.



02:07 PM --
Ms. Corrine Rivera Fowler, representing Padres y Jóvenes Unidos, testified in support of the bill. She discussed prior legislation concerning punishment in schools, and provided information concerning the use of corporal punishment in Colorado. She responded to a question concerning states that permit corporal punishment.





02:13 PM



Senator Fields commented on the states that permit corporal punishment. Senator Zenzinger provided closing remarks on the bill. Senator Kagan commented. Senator Gardner provided additional comments.

BILL: HB17-1038
TIME: 02:20:45 PM
MOVED: Fields
MOTION: Refer House Bill 17-1038 to the Committee of the Whole. The motion failed on a vote of 2-3.
SECONDED:
VOTE
Coram
No
Fields
Yes
Kagan
Yes
Cooke
No
Gardner
No
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL














BILL: HB17-1038
TIME: 02:21:24 PM
MOVED: Coram
MOTION: Postpone House Bill 17-1038 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely. The motion passed on a vote of 3-2.
SECONDED:
VOTE
Coram
Fields
Kagan
Cooke
Gardner
Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:





02:21 PM -- HB17-1147



Senator Kagan, sponsor, presented House Bill 17-1147, concerning defining the purposes of community corrections programs. Senator Kagan explained the Colorado Commission on Criminal and Juvenile Justice's process of recommending the bill, and the benefits of the bill.



02:25 PM --
Mr. Glenn Tapia, representing the Colorado Department of Public Safety, testified in support of the bill. He discussed the benefits of the bill for community corrections.

BILL: HB17-1147
TIME: 02:28:52 PM
MOVED: Kagan
MOTION: Refer House Bill 17-1147 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
Coram
Yes
Fields
Yes
Kagan
Yes
Cooke
Yes
Gardner
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS



















02:29 PM -- SB17-201



Senator Cooke and Senator Fields, co-prime sponsors, presented Senate Bill 17-201, concerning the continuation of the Domestic Violence Offender Management Board, and, in connection therewith, implementing the recommendations of the 2016 sunset report issued by the Department of Regulatory Agencies. Senator Fields discussed the sponsors' work on the bill and distributed and moved amendment L.001 (Attachment B).



17SenateJud0313AttachB.pdf17SenateJud0313AttachB.pdf



02:32 PM --
Mr. Jesse Hansen and Ms. Carolina Thomasson, representing the Domestic Violence Offender Management Board (board), testified in support of the bill. Mr. Hansen discussed the work of the board, and the process for offender management. Mr. Hansen distributed information to the committee (Attachment C).



17SenateJud0313AttachC.pdf17SenateJud0313AttachC.pdf



02:37 PM --
Ms. Thomasson discussed her experience on the board. She discussed the process for approving treatment providers. Ms. Thomasson also explained offender evaluation and management. Mr. Hansen responded to a question concerning the five-year approval of the board in the bill.



02:42 PM --
Ms. Brandy Walega, board vice-chair, and representing SafeHouse Denver, testified in support of the bill. She discussed her experience working with offenders.



02:47 PM --
Mr. Brian Tobias, 2016 Sunset Review: Management of Domestic Violence Offenders author, representing the Department of Regulatory Agencies, made himself available for questions. He responded to questions concerning the sunset review process and how certain situations may be handled by the board or a treatment provider. Senator Fields commented.



02:51 PM --
Ms. Amy Miller, board member, and representing the Colorado Coalition Against Domestic Violence, testified in support of the bill. Ms. Miller commented on her support of the recommendations in the sunset review report. She discussed treatment of offenders. Senator Kagan commented on domestic violence. In response, Ms. Miller clarified portions of her testimony.







































03:05 PM



Senator Cooke made closing remarks on the bill.

BILL: SB17-201
TIME: 03:06:29 PM
MOVED: Fields
MOTION: Adopt amendment L.001 (Attachment B). The motion passed without objection.
SECONDED:
VOTE
Coram
Fields
Kagan
Cooke
Gardner
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:


BILL: SB17-201
TIME: 03:07:10 PM
MOVED: Cooke
MOTION: Refer Senate Bill 17-201, as amended, to the Committee on Appropriations. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Coram
Yes
Fields
Yes
Kagan
Yes
Cooke
Yes
Gardner
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





03:08 PM



The committee adjourned.


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