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s_jud_2017a_2017-02-01t13:31:10z2 Hearing Summary

Date: 02/01/2017

Location: SCR 352

Final

BILL SUMMARY for SB17-010



SENATE COMMITTEE ON JUDICIARY


Votes: View--> Action Taken:
Adopt amendment L.001 (Attachment C). The motion p

Adopt amendment L.002 (Attachment D). The motion p

Postpone Senate Bill 17-010 indefinitely using a r

Refer Senate Bill 17-010, as amended, to the Commi
Pass Without Objection

Pass Without Objection

Pass Without Objection

FAIL







03:48 PM -- SB17-010



Senator Kagan, prime sponsor, presented Senate Bill 17-010. Under this bill, no offender convicted of a class 4 or 5 felony, unless it is a crime of violence, a class 6 felony, or a level 2 or 3 drug felony can be adjudicated as an habitual criminal. Senator Kagan distributed and explained amendments L.001 and L.002 (Attachments C and D, respectively).



17SenateJud0201AttachC.pdf17SenateJud0201AttachC.pdf 17SenateJud0201AttachD.pdf17SenateJud0201AttachD.pdf



04:00 PM



Senator Kagan provided a lengthy explanation of the current habitual offender statute that the bill amends.



04:08 PM --
Mr. Darren Cantor, representing the Colorado Criminal Defense Bar, testified in support of the bill.



04:22 PM --
Ms. Jennifer Clouse, representing Mothers Against Drunk Driving and the Colorado Organization for Victim Assistance, testified in opposition to the bill.



04:26 PM --
Mr. Arnold Hanuman and Mr. Rich Orman, both representing the Colorado District Attorneys' Council, testified in opposition to the bill. Mr. Hanuman responded to questions and comments from the committee.





04:45 PM



Mr. Orman continued his testimony and addressed questions from the committee.



05:00 PM --
Ms. Lydia Waligorski, Public Policy Director, Colorado Coalition Against Domestic Violence, and Ms. Carolyn MacCloud, representing herself as a victim of a violent crime, testified from a neutral position on the bill.



05:09 PM --
Ms. April Elliot, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Elliot responded to a question from the committee.



05:19 PM --
Mr. Beale Tejada, representing the Colorado Criminal Defense Bar, testified in support of the bill. Mr. Tejada told the story about an individual incarcerated as an habitual criminal. Committee members received a picture of the medals this individual received when he was a member of the armed forces (Attachment E).



17SenateJud0201AttachE.pdf17SenateJud0201AttachE.pdf



05:26 PM --
Mr. Tyrone Glover, representing the Sam Carey Bar Association, testified in support of the bill. Mr. Glover addressed questions and comments from the committee.



05:41 PM --
Ms. Carrie Thompson, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Thompson responded to comments from the committee.



05:59 PM --
Ms. Denise Maes, representing the ACLU of Colorado, testified in support of the bill.



06:02 PM --
Mr. Tristan Gorman, representing the Colorado Criminal Defense Bar, testified in support of the bill.


BILL: SB17-010
TIME: 06:07:58 PM
MOVED: Kagan
MOTION: Adopt amendment L.001 (Attachment C). The motion passed without objection.
SECONDED:
VOTE
Coram
Fields
Kagan
Cooke
Gardner
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection




BILL: SB17-010
TIME: 06:08:53 PM
MOVED: Kagan
MOTION: Adopt amendment L.002 (Attachment D). The motion passed without objection.
SECONDED:
VOTE
Coram
Fields
Kagan
Cooke
Gardner
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





06:09 PM



Senator Kagan made closing remarks on the bill.

BILL: SB17-010
TIME: 06:11:01 PM
MOVED: Kagan
MOTION: Refer Senate Bill 17-010, as amended, to the Committee on Appropriations. 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: SB17-010
TIME: 06:15:00 PM
MOVED: Gardner
MOTION: Postpone Senate Bill 17-010 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 without objection.
SECONDED:
VOTE
Coram
Fields
Kagan
Cooke
Gardner
Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection







06:15 PM



The committee adjourned.








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