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S_JUD_2021A 02/25/2021 01:31:39 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON JUDICIARY
Date 02/25/2021
Attendance
Cooke X
Gardner X
Kolker X
Gonzales *
Lee X
Time 01:31:39 PM to 02:42:07 PM
Place Old Supreme Court
This Meeting was called to order by Lee
This Report was prepared by Juliann Jenson
Hearing Items Action Taken
SB21-074 Postponed Indefinitely
Conf 21-Parole — State Board Of Favorably Refer to Full Senate - Consent Calendar
Conf 21-Juvenile Parole Board Favorably Refer to Full Senate - Consent Calendar
SB21-017 Amended, referred to the Committee of the Whole - Consent Calendar
SB21-068 Referred to the Committee of the Whole - Consent Calendar

SB21-074 - Postponed Indefinitely


01:33:22 PM  

Senator Coleman, sponsor, explained Senate Bill 21-074, concerning expungement of conviction records for nonviolent offenses.  He requested that the bill be postponed indefinitely. 



01:37:00 PM
Motion Postpone Senate Bill 21-074 indefinitely.
Moved Cooke
Seconded
Cooke Yes
Gardner Yes
Rodriguez Yes
Gonzales Excused
Lee Yes
Final YES: 4   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS



Conf 21-Parole — State Board Of - Favorably Refer to Full Senate - Consent Calendar


01:38:11 PM  

Senator Lee introduced confirmations for the State Board of Parole. 

Daric Harvey discussed his experience, background, and reasons for wanting to serve on the State Board of Parole.  He answered questions about parole eligibility dates and inmate program participation.

Dr. Davis Talley discussed her experience and background in mental health and competency restoration. 

Brandon Mathews discussed his experience, background, and reasons for continuing to serve on the State Board of Parole. 

The confirmees answered further questions from the committee about parole denials.  Committee members suggested that Parole Board members better articulate parole expectations to inmates. 

 

 



02:04:00 PM
Motion Refer the appointment of Brandon Mathews, Daric Harvey, Davis Talley to the Conf 21-Parole — State Board Of to the full Senate with a favorable recommendation and with a recommendation that it be placed on the consent calendar.
Moved Gonzales
Seconded
Cooke Yes
Gardner Yes
Kolker Yes
Gonzales Yes
Lee Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



Conf 21-Juvenile Parole Board - Favorably Refer to Full Senate - Consent Calendar


02:08:12 PM  

Jared Prochnow discussed his experience and background and reasons for wanting to serve on the Juvenile Parole Board. He answered questions from the committee.



02:09:53 PM
Motion Refer the appointment of Jared Prochnow to the Conf 21-Juvenile Parole Board to the full Senate with a favorable recommendation and with a recommendation that it be placed on the consent calendar.
Moved Gonzales
Seconded
Cooke Yes
Gardner Yes
Kolker Yes
Gonzales Yes
Lee Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB21-017 - Amended, referred to the Committee of the Whole - Consent Calendar


02:17:37 PM  

Senator Hisey, sponsor, explained SB21-017, concerning sexual contact between a student and an educator in violation of the public trust.  He noted that a secondary school teacher who has sexual contact with an 18 year old student may not have committed a crime.   He provided examples of unwanted relationships by 18 year old students and their teachers. 

Dawn Kherderian, representing herself, testified in support of the bill.  She described an incident at her daughter's school between an 18 year old and an educator. 

Amber Kherdiarian, representing herself, testified in support of the bill.  She described an incident at ther school. 

Senator Zenzinger stated that she will add herself as a co-prime sponsor on third reading and expressed her support of the bill. 

Tristan Gorman, representing the Colorado Criminal Defense Bar, spoke in opposition to the bill.  She explained that state law already has provisions that cover relationships between teachers and students.  She further discussed consent as a defense and penalties.

02:23:58 PM  

Committee members asked questions aobut extraordinary risk crimes and penalties. 

Senator Hisey explained Amendment L. 001 (Attachment A).



02:30:23 PM
Motion Adopt amendment L.001 (Attachment A)
Moved Gardner
Seconded
Cooke
Gardner
Kolker
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
02:32:57 PM  

Committee member discussed the necessity of the bill and also mentioned further complicating the situation with additional laws. 

Senator Hisey wrapped-up his bill presentation. 



02:36:42 PM
Motion Refer Senate Bill 21-017, as amended, to the Committee of the Whole and with a recommendation that it be placed on the consent calendar.
Moved Cooke
Seconded
Cooke Yes
Gardner Yes
Kolker Yes
Gonzales Yes
Lee Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB21-068 - Referred to the Committee of the Whole - Consent Calendar


02:37:17 PM  

Senators Gardner and Lee, co-prime sponsors, explained SB 21-068, concerning the enactment of the Colorado Revised Statutes 2020 as the positive and statutory law of the state of Colorado.  Senator Gardner discussed that the bill makes the 2020 statutes the positive law of the State of Colorado and brings forward all the laws enacted from the previous legislative session.  Senator Lee also mentioned that the biill includes changes from the 2020 election.  The bill sponsors recognized the revisors from the Office of Legislative Legal Services for their hard work. 

 



02:41:56 PM
Motion Refer Senate Bill 21-068 to the Committee of the Whole and with a recommendation that it be placed on the consent calendar.
Moved Gardner
Seconded
Cooke Yes
Gardner Yes
Kolker Yes
Gonzales Yes
Lee Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS


02:42:07 PM   The committee adjourned.






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