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S_JUD_2017A 03/20/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON JUDICIARY

Date: 03/20/2017
ATTENDANCE
Time: 01:34 PM to 02:50 PM
Coram
X
Fields
X
Place: SCR 352
Kagan
X
Cooke
X
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:
HB17-1125

HB17-1083

HB17-1183

HB17-1109
Referred to the Committee of the Whole - Consent Calendar

Referred to the Committee of the Whole - Consent Calendar

Referred to the Committee of the Whole - Consent Calendar

Referred to the Committee of the Whole





01:34 PM -- HB17-1125



Senator Gardner, chair, called the committee to order. Senator Jahn and Senator Smallwood, co-prime sponsors, presented House Bill 17-1125, concerning eliminating the duty of the Division of Correctional Industries (CCI) to provide certain services for the state's correctional facilities. Senator Smallwood explained the bill. Senator Coram commented.



01:37 PM --
Ms. Christina Rosendahl, representing the Department of Corrections, testified in support of the bill. She explained the effect of the bill. Ms. Rosendahl discussed CCI's work, generally, and the genesis of the bill. She also discussed practices in other states.















































01:41 PM



Senator Jahn provided closing remarks on the bill.

BILL: HB17-1125
TIME: 01:42:42 PM
MOVED: Kagan
MOTION: Refer House Bill 17-1125 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





01:43 PM -- HB17-1083



Senator Gardner, sponsor, presented House Bill 17-1083, concerning an exemption for certain traffic violations of the requirement that a municipal judge inform a defendant of certain rights. Senator Gardner explained the bill's provision, including related prior legislation.



01:46 PM --
Judge Hayden Kane, presiding judge of the Colorado Springs Municipal Court and representing the Colorado Municipal Judges Association, testified in support of the bill. He explained the effect of the bill. Judge Kane responded to a question relating to existing court practice concerning issuing advisements to defendants in traffic cases.



01:49 PM --
Ms. Meghan Dollar, representing the Colorado Municipal League, testified in support of the bill.


































BILL: HB17-1083
TIME: 01:50:38 PM
MOVED: Gardner
MOTION: Refer House Bill 17-1083 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





01:51 PM -- HB17-1183



Senator Gardner, sponsor, presented House Bill 17-1183, concerning the repeal of the condition required to be satisfied for a provision of law governing the disclosure of communications with mental health professionals to take effect. Senator Gardner discussed existing law and prior legislation concerning disclosures governed by HB 17-1183. He responded to a question concerning prior legislation.



01:56 PM --
Mr. Brandon Shaffer, representing the St. Vrain Valley School District, testified in support of the bill. Mr. Shaffer discussed legislation adopted during the 2016 legislation session, and explained the need for the certain disclosures covered by HB 17-1183.
















































BILL: HB17-1183
TIME: 01:59:06 PM
MOVED: Gardner
MOTION: Refer House Bill 17-1183 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





01:59 PM -- HB17-1109



Senator Fields and Senator Cooke, co-prime sponsors, presented House Bill 17-1109, concerning prosecuting in one jurisdiction a person who has committed sexual assaults against a child in different jurisdictions. Senator Cooke explained situations to which the bill would apply.



02:02 PM --
Ms. Carrie Thompson, representing the Colorado Criminal Defense Bar, testified in opposition to the bill. Ms. Thompson discussed constitutional concerns with the bill. She responded to questions concerning existing law that permits trials to be held outside of the county in which an offense occurs, and forum shopping.





02:13 PM



Ms. Thompson respond to questions concerning the exercise of prosecutorial discretion. She continued by responding to a question concerning charging patterns of offenses. Senator Gardner and Ms. Thompson discussed a hypothetical situation concerning trying patterns of offense in different counties.



02:21 PM --
Mr. Tim Lane, representing the Colorado District Attorneys' Council, testified in support of the bill. Mr . Lane discussed the benefits of the bill. He also discussed constitutional issues raised in prior testimony concerning holding jury trials outside of the county in which an offense occurs. Mr. Lane responded to a question concerning the exercise of prosecutorial discretion.



02:32 PM --
Mr. Bob Grant, representing the Coalition Against Sexual Assault, testified in support of the bill. Mr. Grant discussed the benefits of the bill for child victims of sexual assault. He also discussed criminal procedures concerning bringing charges.





02:36 PM



The committee recessed.
















02:41 PM



The committee returned to order. Detective Patrick Gallagher and Detective Jason Darbyshire, representing the El Paso County Sheriff's Office, testified in support of the bill. Det. Gallagher discussed investigating cases of sexual assault against a child and the benefits of the bill. Det. Darbyshire explained sexual assault investigations. He also discussed the benefits of the bill for offenders and victims. Det. Darbyshire commented that the bill provides a cost effective process for courts to work on child sexual assault cases.





02:47 PM



Senator Fields made closing remarks on the bill.

BILL: HB17-1109
TIME: 02:49:57 PM
MOVED: Fields
MOTION: Refer House Bill 17-1109 to the Committee of the Whole. 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





02:50 PM



The committee adjourned.


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