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S_JUD_2023A 05/02/2023 10:53:39 AM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON JUDICIARY
Date 05/02/2023
Attendance
Gardner X
Roberts X
Van Winkle X
Rodriguez X
Gonzales X
Time 10:53:39 AM to 01:04:18 PM
Place Old Supreme Court
This Meeting was called to order by Gonzales
This Report was prepared by Juliann Jenson
Hearing Items Action Taken
HB23-1280 Referred to the Committee of the Whole - Consent Calendar
HB23-1268 Referred to the Committee of the Whole - Consent Calendar
HB23-1222 Referred to the Committee of the Whole - Consent Calendar
HB23-1214 Amended, referred to the Committee of the Whole
HB23-1286 Referred to the Committee of the Whole
HB23-1292 Amended, referred to the Committee of the Whole - Consent Calendar
HB23-1293 Referred to Senate Appropriations
SB23-158 Amended, referred to Senate Appropriations

HB23-1280 - Referred to the Committee of the Whole - Consent Calendar


10:58:50 AM  

Senators Gardner and Roberts, co-prime sponsors, presented House Bill 23-1280, concerning the codification of the Colorado Access to Justice Commission. 

11:01:31 AM  

Mrs. Elisa Overall, representing Colorado Access to Justice Commission, testified in support of the bill.

Mr. Richard Murray, representing Colorado Access to Justice Commission, testified in support of the bill.

Mr. Matthew Baca, representing Colorado Legal Services, testified in a neutral position on the bill.

Mr. Sam Walker, representing Colorado Access to Justice Commission, testified in support of the bill.

Written testimony submitted about the bill may be found in Attachment A. 

11:13:01 AM  

The bill sponsors made closing comments. 



11:14:51 AM
Motion Refer House Bill 23-1280 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



HB23-1268 - Referred to the Committee of the Whole - Consent Calendar


11:15:10 AM  

Senators Pelton B and Roberts, co-prime sponsors, presented House Bill 23-1268, concerning changes to the process for a person serving a criminal sentence in Colorado for a conviction in another state to participate in a private treatment program.  They explained how the bill removes barriers for individuals seeking treatment.

Committee members asked questions about the bill's application to sex offender treatment and misdemeanor offenses. 

 

 

11:21:18 AM  

Bridget Anshus, representing Mental Health Colorado, testified in support of the bill.

Mr. James Karbach, representing Colorado State Public Defender's Office, testified in support of the bill.

Dr. Lesley Brooks, representing Colorado Behavioral Healthcare Council, testified in support of the bill.

Mr. Thomas Miller, representing The Behavioral Health Administration, testified in support of the bill.

Written testimony submitted about the bill may be read in Attachment B. 

11:34:21 AM  

The bill sponsors made closing comments.  Senators Roberts and Pelton B made closing comments.



11:36:33 AM
Motion Refer House Bill 23-1268 to the Committee of the Whole and with a recommendation that it be placed on the consent calendar.
Moved Roberts
Seconded
Gardner Yes
Roberts Yes
Van Winkle Yes
Rodriguez Yes
Gonzales Excused
Final YES: 4   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS



HB23-1222 - Referred to the Committee of the Whole - Consent Calendar


11:36:46 AM  

Senators Roberts and Winter, co-prime sponsors, presented House Bill 23-1222, concerning the jurisdiction of municipal courts to hear domestic violence offenses.  They explained that the bill creates new requirements for domestic violence cases heard in municipal courts. 

 

 

11:44:18 AM  

Amy Attwood, representing Westminster, testified in support of the bill.

Lydia Waligorski, representing themself, testified in support of the bill.

Courtney Sutton, representing Colorado Organization for Victim Assistance, testified in support of the bill.

11:51:28 AM  

Roshan Kalantar, representing Violence Free Colorado, testified in support of the bill.

Committee members asked questions about the bill's application to repeat offenders.

11:57:32 AM  

Committee members inquired about related services and assitance for domestic violence survivors. 

The bill sponsors made closing comments. 



12:03:26 PM
Motion Refer House Bill 23-1222 to the Committee of the Whole and with a recommendation that it be placed on the consent calendar.
Moved Roberts
Seconded
Gardner Yes
Roberts Yes
Van Winkle Yes
Rodriguez Yes
Gonzales Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB23-1214 - Amended, referred to the Committee of the Whole


12:03:39 PM  

Senator Gonzales, prime sponsor, presented House Bill 22-1214, concerning establishing procedures related to applying for commutation of a criminal sentence, and, in connection therewith, making an appropriation. 

Committee members asked questions about the bill's application to veterans. 

Senator Gonzales distributed Amendment L.009 and explained that it makes technical alignments and removes a subsection about  marijuana pardons (Attachment C). 



12:12:24 PM
Motion Adopt amendment L.009 (Attachment C)
Moved Gonzales
Seconded
Gardner
Roberts
Van Winkle
Rodriguez
Gonzales
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
12:12:41 PM  

Committee members raised constitutional concerns with the bill. 



12:19:30 PM
Motion Refer House Bill 23-1214, as amended, to the Committee of the Whole.
Moved Gonzales
Seconded
Gardner No
Roberts Yes
Van Winkle No
Rodriguez Yes
Gonzales Yes
Final YES: 3   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB23-1286 - Referred to the Committee of the Whole


12:20:30 PM  

There was no public testimony on the bill.



Written comments submitted about the bill may be read in Attachment D.



12:20:38 PM
Motion Refer House Bill 23-1286 to the Committee of the Whole.
Moved Roberts
Seconded
Gardner Yes
Roberts Yes
Van Winkle Excused
Rodriguez Yes
Gonzales No
Final YES: 3   NO: 1   EXC: 1   ABS:  0   FINAL ACTION:  PASS



HB23-1292 - Amended, referred to the Committee of the Whole - Consent Calendar


12:20:51 PM  

Senators Gonzales and Gardner, co-prime sponsors, explained HB23-1292, concerning the adoption of the 2023 recommendations of the Colorado Commission on Criminal and Juvenile Justice regarding enhanced sentencing.   Senator Gardner explained that the bill allows persons sentenced as violent offenders to serve their sentences concurrently under certain circumstances, and allows persons sentenced as violent and habitual offenders to petition the court to modify their sentence.

12:23:20 PM  

Maureen Cain, representing Public defender, testified in support of the bill.

Mr. Michael Dougherty, representing themself, testified in support of the bill.

Director Stan Hilkey, representing Colorado Department of Public Safety, testified in support of the bill.

Committee members asked questions about consecutive sentencing and "second looks."  Questions were also asked about the number of cases that apply. 

 

 

12:29:52 PM  

Committee discussion ensued about the process to modify sentences.  

 

12:31:18 PM  

Senator Gardner distributed Amendment L.003 and explained it is a technical amendment to adjust applicable dates (Attachment E).  



12:32:18 PM
Motion Adopt amendment L.003 (Attachment E)
Moved Gonzales
Seconded
Gardner
Roberts
Van Winkle Excused
Rodriguez
Gonzales
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection
12:32:37 PM  

The bill sponsors made closing comments. 



12:33:28 PM
Motion Refer House Bill 23-1292, 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



HB23-1293 - Referred to Senate Appropriations


12:33:47 PM  

Senators Gardner and Gonzales, co-prime sponsors, explained House Bill 23-1293, concerning the adoption of the 2023 recommendations of the Colorado Commission on Criminal and Juvenile Justice regrding felony sentencing.  Senator Gardner explained that the bill increases and decreases classifications of certain felony offenses.   

 Maureen Cain, representing Public Defender, testified in support of the bill.

Mr. Michael Dougherty, representing District Attorney's Office, 20th Judicial District, testified in support of the bill.

Director Stan Hilkey, representing Colorado Department of Public Safety, testified in support of the bill.

Committee members asked questions about some of the crime reclassifications. 

 

12:45:41 PM  

The bill sponsors made closing comments. 



12:49:12 PM
Motion Refer House Bill 23-1293 to the Committee on Appropriations.
Moved Gardner
Seconded
Gardner Yes
Roberts No
Van Winkle No
Rodriguez Yes
Gonzales Yes
Final YES: 3   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB23-158 - Amended, referred to Senate Appropriations


12:49:25 PM  

Senators Gonzales and Gardner presented Senate Bill 23-158, concerning the continuation of the Colorado Commission on Criminal and Juvenile Justice.  The bill sponsors recapped the sunset review process and previous hearings on the bill. 

Senator Gardner distributed Amendment L.009 and explained that it limits the commission to one year (Attachment F). 

Committee members discussed the direction of the commission and explained their support or opposition to it.  Further discussion was had about the commission's structure. 

 



12:59:34 PM
Motion Adopt amendment L.009 (Attachment F)
Moved Gardner
Seconded
Gardner Yes
Roberts Yes
Van Winkle Yes
Rodriguez No
Gonzales No
YES: 3   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS
01:00:03 PM  

The bill sponsors made closing remarks.



01:04:09 PM
Motion Refer Senate Bill 23-158, as amended, to the Committee on Appropriations.
Moved Gardner
Seconded
Gardner Yes
Roberts Yes
Van Winkle Yes
Rodriguez No
Gonzales No
Final YES: 3   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS


01:04:18 PM   The committee adjourned.






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