S_JUD_2023A 02/15/2023 01:37:33 PM Committee Summary PUBLICSTAFF SUMMARY OF MEETINGSENATE COMMITTEE ON JUDICIARY Date 02/15/2023 Attendance Gardner X Roberts * Van Winkle X Rodriguez X Gonzales X Time 01:37:33 PM to 03:38:04 PM Place Old Supreme Court This Meeting was called to order by Gonzales This Report was prepared by Juliann Jenson Hearing Items Action Taken hSB23-090 Amended, referred to the Committee of the Whole - Consent Calendar hHB23-1034 Referred to the Committee of the Whole - Consent Calendar hSB23-095 Referred to the Committee of the Whole - Consent Calendar hSB23-100 Referred to the Committee of the Whole - Consent Calendar hSB23-028 Amended, referred to the Committee of the Whole - Consent Calendar SB23-090 - Amended, referred to the Committee of the Whole - Consent Calendar Attachment Tag File Name Attachment http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/9BC339A50378...$File/Attachment A SB090_L.001.pdf?OpenElement Attachment A SB090_L.001.pdf 01:38:03 PM Senator Gardner, bill sponsor, presented Senate Bill 23-090, concerning the enactment of the 2022 amendments to the "Uniform Commercial Code." He discussed the Uniform Law Commission and uniform laws in respect to commerce. 01:44:53 PM Senator Gardner distributed and explained technical Amendment L.001 (Attachment A). 01:45:43 PM Motion Adopt amendment L.001 (Attachment A) Moved Gardner Seconded Gardner Roberts Excused Van Winkle Rodriguez Gonzales YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection 01:46:55 PM Motion Refer Senate Bill 23-090, as amended, to the Committee of the Whole and with a recommendation that it be placed on the consent calendar. Moved Gardner Seconded Gardner Yes Roberts Yes Van Winkle Yes Rodriguez Yes Gonzales Yes Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS HB23-1034 - Referred to the Committee of the Whole - Consent Calendar Attachment Tag File Name Attachment http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/8E143DE192F0...$File/Attachment B Innocence Project Testimony for HB23-1034.docx.pdf?OpenElement Attachment B Innocence Project Testimony for HB23-1034.docx.pdf 01:47:29 PM Senators Gonzales and Simpson, co-prime sponsors, presented House Bill 23-1034 concerning measures to expand postconviction DNA testing. They discussed the need for this bill and wrongful convictions. 01:54:28 PM Eric Davis, reading a statement on behalf of Robert Dewey, testified in support of the bill. He stressed the importance of DNA testing. Mr. Ray Krone, representing themself, testified in support of the bill. He shared a personal experience of being wrongfully convicted. Jeanne Segil, representing Korey Wise Innocence Project, testified in support of the bill. She discussed acces and improvements to DNA testing, including the use of private facilities. 02:05:45 PM Anne-Marie Moyes, representing Korey Wise Innocence Project, testified in support of the bill. She discussed modernizing DNA testing. Written testimony from the Korey Wise Innocence Project is in Attachment B. Committee members asked questions about DNA testing in private facilities. 02:11:53 PM Mr. Christian Gardner-Wood, representing Boulder County District Attorney's Office, testified in support of the bill. 02:14:26 PM The bill sponsors made closing remarkks. 02:17:23 PM Motion Refer House Bill 23-1034 to the Committee of the Whole and with a recommendation that it be placed on the consent calendar. Moved Gonzales Seconded Gardner Yes Roberts Yes Van Winkle Yes Rodriguez Yes Gonzales Yes Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS SB23-095 - Referred to the Committee of the Whole - Consent Calendar 02:18:24 PM Senators Gardner and Ginal, co-prime sponsors, presented Senate Bill 23-095, concerning criminalizing unlawfully pointing a laser device at an aircraft. They discussed federal law prohibiting laser pointing at aircraft and presented reasons for a state law. Committee members asked questions about the federal law. Additional questions were raised about creating a new crime. 02:30:46 PM Captain Bobby Juchem, representing Colorado State Patrol, testified in support of the bill. He discussed air traffic safety. Kelly Sloan representing CEO of Sloan & Associates, testified in support of the measure. Committee members asked questions about similar laws in other states. Further inquiries were made about current practices and what happens when an individual is caught pointing a laser at an aircraft. Discussion followed about the benefits of involving local law enforcement and the frequency of cases in Colorado. 02:43:33 PM Kathleen Mayer, representing Flight For Life Colorado, testified in support of the bill. She provided examples of laser incidents on Flight for Life flights. Mr Christopher Howes, representing Emergency Medical Services Association of Colorado, testified in support of the bill. Committee discussion ensued about federal reporting requirements. 02:52:31 PM Mr. Doug Flanders, representing Air Methods Corporation, testified in support of the bill. He discussed related optical injuries from laser pointing at aircrafts. 03:00:10 PM Senators Gardner and Ginal made closing comments. Committee members made closing comments. 03:05:42 PM Motion Refer Senate Bill 23-095 to the Committee of the Whole and with a recommendation that it be placed on the consent calendar. Moved Gardner Seconded Gardner Yes Roberts Yes Van Winkle Yes Rodriguez Yes Gonzales Yes Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS SB23-100 - Referred to the Committee of the Whole - Consent Calendar 03:06:08 PM Senator Gardner, bill sponsor, presented Senate Bill 23-100, concerning the "Uniform Community Property Disposition at Death Act." He explained that the bill sets up rules for handling community property. Committee members asked questions about the bill's application to wills and trusts. 03:21:30 PM Motion Refer Senate Bill 23-100 to the Committee of the Whole and with a recommendation that it be placed on the consent calendar. Moved Gardner Seconded Gardner Yes Roberts Yes Van Winkle Yes Rodriguez Yes Gonzales Yes Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS SB23-028 - Amended, referred to the Committee of the Whole - Consent Calendar Attachment Tag File Name Attachment http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/51E435EE416E...$File/Attachment C SB028_L.001.pdf?OpenElement Attachment C SB028_L.001.pdf 03:21:50 PM Senator Gonzales, bill sponsor, presented Senate Bill 23-028, concerning the penalty for committing any of certain offenses involving the operation of a commercial vehicle. She explained that the bill clarifies the penalty for class A traffic infractions nvolving the operation of a commercial vehicle that were modified under Senate Bill 21-271. She distributed Amendment L.001, which makes technical changes and adds both individual and business accountability (Attachment C). 03:28:00 PM Captain John Hahn, representing Colorado State Patrol, testified in support of the bill. He discussed commercial vehicle safety issues. Greg Fulton, representing Colorado Motor Carrier Association, testified in support of the bill. He discussed truck safety. The bill sponsor made closing remarks. 03:37:06 PM Motion Adopt amendment L.001 (Attachment C) Moved Gonzales Seconded Gardner Roberts Van Winkle Rodriguez Gonzales YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 03:37:59 PM Motion Refer Senate Bill 23-028, as amended, to the Committee of the Whole and with a recommendation that it be placed on the consent calendar. Moved Gonzales Seconded Gardner Yes Roberts Yes Van Winkle Yes Rodriguez Yes Gonzales Yes Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS 03:38:04 PM The committee adjourned.