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855366C6F5D5E604872583B60071CAF8 Hearing Summary




PUBLIC
BILL SUMMARY For SB19-014

HOUSE COMMITTEE ON JUDICIARY
Date Mar 7, 2019      
Location HCR 0112



SB19-014 - Postponed Indefinitely


01:42:59 PM  

Representative Carver, prime sponsor, presented Senate Bill 19-014, concerning measures to reduce incidents of theft from retail establishments.  Representative Carver explained the effect of the bill and discussed its need. Representative Carver screened a short video.

The following persons testified regarding SB 19-014:

Mr. Chris Howes, representing the Colorado Retail Council, testified in support of the bill. Committee members received an article on the issue (Attachment B) and a fact sheet supporting the bill from the Colorado Retail Council (Attachment C). Mr. Howes noted some organizations supporting the bill. Mr. Howes responded to questions regarding current laws that criminalize retail theft.

02:00:38 PM  

Ms. Tristan Gorman, representing the Colorado Criminal Defense Bar, testified in opposition to SB 19-014. Ms. Gorman explained why the bill is not necessary because the crimes in the bill are already covered in current law.

Ms. Maureen Cain, representing the Office of the State Public Defender, testified in opposition to the bill. She explained why the bill is overly broad and duplicitous. Ms. Gorman responded to questions regarding a criminal case in which she served as defense. Ms. Cain provided her position on certain portions of the bill.

02:11:18 PM  

Ms. Sam Burney, representing the Fourth Judicial District, testified in support of SB 19-014. Ms. Burney discussed her efforts to prosecute crimes of organized theft.

Mr. Aaron Foote, representing Home Depot, testified in support of the bill. Mr. Foote discussed his work in combatting organized retail theft, and explained how the bill would help in this work.

Mr. Richard Barrett, representing Allied Universal, testified in support of the bill. Mr. Barrett discussed trends in organized retail theft, and the ability to combat these crimes under SB 19-014. Mr. Foote responded to questions regarding the ability to track illegally obtained gift cards. Discussion ensued on this point. Ms. Burney responded to questions regarding a theft ring prosecuted by her office. Mr. Barrett responded to questions regarding how retail goods returns would be handled if the bill were to pass. Discussion followed regarding how prosecution of certain activities would be different under SB 19-014 as compared to current law, and security associated with gift cards. Ms. Burney responded to questions regarding the ability to prosecute certain crimes as conspiracies.

02:51:53 PM  

Mr. Foote and Ms. Burney responded to laws similar to SB 19-014 in other states. Discussion ensued regarding the target of the bill, and its deterrent effect.

03:11:44 PM  

Mr. Zebulon Strickland, representing Albertson's Companies, testified in support of SB 19-014. Mr. Strickland discussed theft from his company's stores, and addressed issues raised during earlier discussion.

Mr. Tim Lopez, representing himself, testified in support of the bill. Mr. Lopez discussed a rise in retail theft.

03:18:33 PM  

The committee recessed.

03:27:02 PM  

The committee returned to order. The committee recessed.

03:28:42 PM  

The committee returned to order. Representative Carver explained the effect of amendment L.006 (Attachment D). Discussion ensued regarding repeat offenses under the bill.

03:39:44 PM  

Discussion ensued regarding some potential amendments to SB 19-014 on second reading.



03:43:58 PM
Motion Adopt amendment L.006.
Moved Carver
Seconded Soper
Benavidez No
Bockenfeld Yes
Carver Yes
Galindo Yes
Gonzales-Gutierrez No
McKean Yes
Roberts Yes
Soper Yes
Tipper Yes
Herod Yes
Weissman Yes
YES: 9   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS
03:44:00 PM  

Representative Carver responded to questions regarding the stakeholder process for SB 19-014. Discussion ensued regarding the merits of the amended legislation.



04:10:08 PM
Motion Refer Senate Bill 19-014, as amended, to the Committee of the Whole.
Moved Carver
Seconded Bockenfeld
Benavidez No
Bockenfeld Yes
Carver Yes
Galindo No
Gonzales-Gutierrez No
McKean Yes
Roberts Yes
Soper Yes
Tipper No
Herod No
Weissman No
YES: 5   NO: 6   EXC: 0   ABS:  0   FINAL ACTION:  FAIL


04:10:55 PM
Motion Postpone Senate Bill 19-014 indefinitely.
Moved Herod
Seconded Galindo
Benavidez Yes
Bockenfeld No
Carver No
Galindo Yes
Gonzales-Gutierrez Yes
McKean No
Roberts No
Soper No
Tipper Yes
Herod Yes
Weissman Yes
Final YES: 6   NO: 5   EXC: 0   ABS:  0   FINAL ACTION:  PASS






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