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S_JUD_2023A 05/01/2023 04:35:08 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON JUDICIARY
Date 05/01/2023
Attendance
Gardner X
Roberts X
Van Winkle X
Rodriguez X
Gonzales X
Time 04:35:08 PM to 06:30:08 PM
Place Old Supreme Court
This Meeting was called to order by Gonzales
This Report was prepared by Juliann Jenson
Hearing Items Action Taken
HB23-1192 Amended, referred to the Committee of the Whole
HB23-1013 Referred to Senate Appropriations
HB23-1301 Amended, referred to the Committee of the Whole - Consent Calendar
HB23-1138 Referred to Senate Appropriations
HB23-1086 Referred to Senate Appropriations
HB23-1199 Amended, referred to Senate Appropriations
HB23-1258 Lay Over
HB23-1133 Referred to Senate Appropriations

04:35:10 PM

Senator Gonzales made announcements about agenda changes and noted that House Bills 23-1280, 1268, 1222, 1214, 1286, and 1292, and Sente Bill 23-158 would be reschuduled to May 2, 2023. 



HB23-1192 - Amended, referred to the Committee of the Whole


04:36:53 PM  

Senators Rodriguez and Gonzales, co-prime sponsors, recapped the previous hearing on House Bill 23-1192, concerning the creation of additional protections in the consumer code.  The bill was first heard in the Senate Judiciary Committee on March 22, 2023, and under consideration as a for action only agenda item. 

Senator Roberts distributed Amendment L.011 and explained that it strikes a section of the bill (Attachment A).  The bill sponsors objected to the amendment.  The committee proceeded to vote on the amendment and bill. 

 

 



04:40:22 PM
Motion Adopt amendment L.011 (Attachment A)
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


04:41:06 PM
Motion Refer House Bill 23-1192, as amended, to the Committee of the Whole.
Moved Rodriguez
Seconded
Gardner No
Roberts Yes
Van Winkle No
Rodriguez Yes
Gonzales Yes
Final YES: 3   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB23-1013 - Referred to Senate Appropriations


04:42:14 PM  

Senator Rodriguez and Fields, co-prime sponsors, presented House Bill 23-1013, concerning measures to regulate the use of restrictive practices on individuals in correctional facilities.  They noted the bill was recommended by the Legislative Oversight Committee Concerning the Treatment of Behavioral Health Disorders in the Criminal and Juvenile Justice System. 

 

 

04:45:35 PM  

Jack Johnson, representing Disability Law Colorado, testified in support of the bill.

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

Ms. Adrienne Sanchez, representing Colorado Department of Corrections, was available to answer committee questions.

04:55:05 PM  

The bill sponsors made closing comments. 



04:58:02 PM
Motion Refer House Bill 23-1013 to the Committee on Appropriations.
Moved Rodriguez
Seconded
Gardner Yes
Roberts Excused
Van Winkle Yes
Rodriguez Yes
Gonzales Yes
Final YES: 4   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS



HB23-1301 - Amended, referred to the Committee of the Whole - Consent Calendar


04:58:20 PM  

Senator Gardner, bill sponsor, presented House Bill 23-1301, the revisor's bill. 

Senator Gardner distributed Amendment L.001 and explained it was a technical amendment (Attachment B). 

 



05:01:58 PM
Motion Adopt amendment L.001 (Attachment B)
Moved Gardner
Seconded
Gardner
Roberts Excused
Van Winkle
Rodriguez
Gonzales
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection


05:03:03 PM
Motion Refer House Bill 23-1301, 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 Excused
Van Winkle Yes
Rodriguez Yes
Gonzales Yes
Final YES: 4   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS



HB23-1138 - Referred to Senate Appropriations


05:03:19 PM  

Senator Rodriguez presented House Bill 23-1138, concerning procedures related to adult competency proceedings.  He explained that the bill allows a district attorney, a medical professional, a representative of the Behavioral Health Administration, or a representative from the Office of Civil and Forensic Mental Health to initiate a proceeding for a certification for short-term treatment.

05:05:34 PM  

Director of the Colorado Department of Human Services' Office of Civil and Forensic Mental Health Leora Joseph, representing Colorado Department of Human Services, testified in support of the bill.

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

Timothy Lane, representing Colorado District Attorneys' Council, testified in support of the bill.

Dr. Vincent Atchity, representing Mental Health Colorado, testified in support of the bill.

Committee members discussed the history of competency proceedings in Colorado. 

 

 

05:17:25 PM  

The bill sponsor and committee members made closing comments. 



05:19:22 PM
Motion Refer House Bill 23-1138 to the Committee on Appropriations.
Moved Rodriguez
Seconded
Gardner Yes
Roberts Excused
Van Winkle No
Rodriguez Yes
Gonzales Yes
Final YES: 3   NO: 1   EXC: 1   ABS:  0   FINAL ACTION:  PASS



HB23-1086 - Referred to Senate Appropriations


05:19:51 PM  

Senators Baisley and Winter, co-prime sponsors, presented House Bill 23-1086, concerning enactment of the "Due Process Asset Forfeiture Act."   They explained the bill updates the information included in the Department of Local Affairs’ civil asset forfeiture report.

Committee members asked questions about civil asset forfeiture and local law enforcement agencies. 

 

05:31:24 PM  

The bill sponsors made closing comments. 



05:31:59 PM
Motion Refer House Bill 23-1086 to the Committee on Appropriations.
Moved Rodriguez
Seconded
Gardner Yes
Roberts Yes
Van Winkle Yes
Rodriguez Yes
Gonzales Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB23-1199 - Amended, referred to Senate Appropriations

05:32:22 PM  

Senator Winter, bill sponsor, presented House Bill 23-1199, concerning measures to provide additional access to services for victims of sexual assault.  

The committee discussed rape test kits and tracking systems. 

05:34:16 PM  
Elizabeth Newman, representing Colorado Coalition Against Sexual Assault, testified in support of the bill.
05:37:55 PM  

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

05:39:04 PM  

Senator Winter distributed Amendment L.004 and explained it was technical in nature (Attachment D).



05:39:19 PM
Motion Adopt amendment L.004 (Attachment D)
Moved Rodriguez
Seconded
Gardner
Roberts
Van Winkle
Rodriguez
Gonzales
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
05:39:36 PM  

Senator Winter distributed Amendment L.005 and explained it was about making the rape test kit tracking process more efficienct (Attachment E). 



05:39:54 PM
Motion Adopt amendment L.005 (Attachment E)
Moved Rodriguez
Seconded
Gardner
Roberts
Van Winkle
Rodriguez
Gonzales
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
05:40:15 PM  

The bill sponsor and committee members made closing remarks.



05:44:04 PM
Motion Refer House Bill 23-1199, as amended, to the Committee on Appropriations.
Moved Rodriguez
Seconded
Gardner Yes
Roberts Yes
Van Winkle Excused
Rodriguez Yes
Gonzales Yes
Final YES: 4   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS



HB23-1258 - Lay Over


05:44:22 PM  

Senator Cutter, bill sponsor, presented House Bill 23-1199, concerning creating a task force to study the costs associated with drug crime enforcement. 

 

 

05:48:33 PM  

Chief James Baird, representing Colorado Association of the Chiefs of Police - Breckenridge Police Department, testified in opposition to the bill.

Committee members asked questions about the data points proposed in the related study. 

 

05:56:00 PM  

The bill was laid over until a later date.



HB23-1133 - Referred to Senate Appropriations


05:59:18 PM  

Senator Gonzales and Rodriguez, co-prime sponsors, presented House Bill 23-1133, concerning the cost of communications services for person in custody.  The bill sponsors discussed that the bill requires the state to cover free phone calls in the Department of Corrections facilitieis. 

06:03:08 PM  

Lydia Waligorski, representing Clayton Early Learning, testified in support of the bill.

Natalie Perez, representing themself, testified in support of the bill.

Kayla Frawley, representing ProgressNow Colorado, testified in support of the bill.

06:10:49 PM  

Janelle Jenkins, representing themself, testified in support of the bill.

Mr. George Davis V, representing themself, testified in support of the bill.

Ms. Adrienne Sanchez, representing Colorado Department of Corrections, was available to answer committee questions.

Written testimony about the bill may be read in Attachment F. 

Committee members asked questions about other states that cover inmate communication costs. 

 

 

 



06:27:19 PM
Motion Refer House Bill 23-1133 to the Committee on Appropriations.
Moved Rodriguez
Seconded
Gardner No
Roberts Yes
Van Winkle No
Rodriguez Yes
Gonzales Yes
Final YES: 3   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS


06:30:08 PM   The committee adjourned.






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