h_jud_2017a_2017-02-28t13:35:35z0 Hearing Summary
Date: 02/28/2017
Location: HCR 0112
BILL SUMMARY for HB17-1109
HOUSE COMMITTEE ON JUDICIARY
| Votes: View--> | Action Taken: |
| Adopt amendment L.001 (Attachment C). The motion p Adopt amendment L.005 (Attachment B). The motion f Adopt amendment L.006 (Attachment A). The motion p Refer House Bill 17-1109, as amended, to the Commi |
PASS FAIL Pass Without Objection PASS |
01:36 PM -- HB17-1109
The committee was called to order. A quorum was present. Representatives Carver and Danielson, 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. The committee heard testimony on the bill at its February 23 meeting. Representative Carver explained the effect of amendment L.006 (Attachment A).
17HouseJud0228AttachA.pdf
| BILL: | HB17-1109 | |
| TIME: | 01:38:33 PM | |
| MOVED: | Carver | |
| MOTION: | Adopt amendment L.006 (Attachment A). The motion passed without objection. | |
| SECONDED: | Weissman | |
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VOTE
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Benavidez
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Carver
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Foote
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Excused
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Herod
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Lundeen
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Melton
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Weissman
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Willett
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Wist
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Salazar
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Lee
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YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
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01:40 PM
Representative Salazar explained the effect of amendment L.005 (Attachment B). Mr. Timothy Lane, representing the Colorado District Attorneys' Council, provided clarification about certain concepts invoked by the amendment. Discussion ensued on these points.
17HouseJud0228AttachB.pdf
02:05 PM
Discussion continued regarding the implications of passing HB 17-1109 with amendment L.005 attached.
02:14 PM
Ms. Laurie Rose Kepros, representing the Office of the State Public Defender and the Colorado Criminal Defense Bar, testified on amendment L.005 and the bill in general. Ms. Kepros discussed the merits of the amendment. Discussion ensued regarding the impact of certain constitutional provisions on multi-jurisdictional pattern legislation.
02:26 PM
Discussion continued regarding the constitutionality of multi-jurisdictional prosecutions. Representative Carver reiterated the purpose of HB 17-1109, and expressed some concerns with amendment L.005. Various committee members provided input on the amendment.
| BILL: | HB17-1109 | |
| TIME: | 01:40:46 PM | |
| MOVED: | Salazar | |
| MOTION: | Adopt amendment L.005 (Attachment B). The motion failed on a vote of 5-6. | |
| SECONDED: | Melton | |
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VOTE
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Benavidez
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Yes
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Carver
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No
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Foote
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No
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Herod
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Yes
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Lundeen
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No
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Melton
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Yes
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Weissman
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No
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Willett
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No
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Wist
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No
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Salazar
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Yes
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Lee
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Yes
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YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL
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02:38 PM
Representative Carver explained the effect of amendment L.001 (Attachment C). Discussion ensued regarding what constitutes the furtherance of a pattern for prosecutorial purposes.
17HouseJud0228AttachC.pdf
| BILL: | HB17-1109 | |
| TIME: | 02:38:31 PM | |
| MOVED: | Carver | |
| MOTION: | Adopt amendment L.001 (Attachment C). The motion passed on a vote of 10-1. | |
| SECONDED: | Wist | |
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VOTE
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Benavidez
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No
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Carver
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Yes
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Foote
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Yes
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Herod
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Yes
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Lundeen
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Yes
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Melton
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Yes
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Weissman
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Yes
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Willett
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Yes
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Wist
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Yes
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Salazar
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Yes
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Lee
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Yes
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YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS
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02:51 PM
Representative Danielson provided some closing remarks in support of HB 17-1109.
| BILL: | HB17-1109 | |
| TIME: | 02:51:54 PM | |
| MOVED: | Carver | |
| MOTION: | Refer House Bill 17-1109, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0. | |
| SECONDED: | Lundeen | |
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VOTE
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Benavidez
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Yes
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Carver
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Yes
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Foote
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Yes
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Herod
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Yes
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Lundeen
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Yes
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Melton
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Yes
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Weissman
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Yes
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Willett
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Yes
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Wist
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Yes
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Salazar
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Yes
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Lee
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Yes
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Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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