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01:35:24 PM |
The committee was
called to order. A quorum was present. Representatives Caldwell and Bird,
prime sponsors, presented House Bill 25-1072, concerning increasing pretrial
release requirements for certain criminal defendants accused of committing
a violent offense. The bill sponsors explained the effect of the bill and
discussed its need, highlighting criminal cases that would be impacted
by the bill. Amendment L.001 (Attachment A) was distributed.
Discussion ensued regarding judicial discretion and personal recognizance
bonds, as well as the bill's fiscal impact.
Discussion followed
regarding the types of crimes impacted.
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01:55:11 PM |
Terrance Carroll,
representing Sam Cary Bar Association, testified in opposition to the bill.
Tristan Gorman, representing Colorado Criminal Defense Bar, testified in
opposition to the bill. Anaya Robinson, representing ACLU of Colorado,
testified in opposition to the bill. Rebecca Wallace, representing Colorado
Freedom Fund, testified in opposition to the bill.
Discussion ensued
regarding judicial discretion for granting bond release, and the role of
prosecutors in administering the bill. Discussion followed regarding competency
issues, and criteria considered by judges when setting bond. Discussion
turned to potential statutory conflicts should the bill pass, and the efficacy
of cash bail.
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02:37:43 PM |
Jake Suffian, representing
themself, testified in support of the bill. Chief Brady, representing Colorado
Association of the Chiefs of Police, testified in support of the bill.
Alex Cabriales, representing themself, testified in support of the bill.
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02:51:07 PM |
Deputy Chief Jensen,
representing Colorado Association Chiefs of Police - Colorado Springs Police
Department, testified in support of the bill. Mr. Cabriales responded to
questions regarding loss of life due to pre-trial release.
Committee members
asked questions about pretrial release and assessment tools used by judges
for bond purposes.
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03:07:58 PM |
George Brauchler,
representing District Attorney's Office for the 23rd Judicial District,
testified in support of the bill. Michael Allen, representing 4th Judicial
District Attorney's Office, testified in support of the bill. Mr. Christian
Gardner-Wood, representing Boulder County DAâs Office, testified to amend
the bill. Brian Mason, representing 17th Judicial District Attorney's Office,
testified in support of the bill.
Committee members
inquired about the balance between parties in deciding grant pre-trial
release, and the status of district attorneys within the organization of
government. Discussion followed regarding information sharing among judicial
districts, and how HB 25-1072 operates in comparison to existing law. Discussion
turned to the position of victims and their families, and the rate at which
judges approve the recommendations of district attorneys on personal recognizance
bonds. The panel responded to questions regarding how certain processes
operate in the initial stages of a criminal case.
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04:03:22 PM |
Dr. Eric Nelson,
representing National Action Network Colorado, testified in opposition
to the bill. Mr. James Karbach, representing Colo. St. Pub. Defender, testified
in opposition to the bill. Dr. MICHAEL JONES, representing themself, testified
in opposition to the bill.
Committee members
asked questions about differences between money bonds and personal recognizance
bonds. Discussion ensued regarding certain processes associated with pre-trial
release, and the constitutionality of HB 25-1072. Discussion returned to
research on bail.
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04:29:32 PM |
Mrs. Soledad Diaz,
representing Violence Free Colorado, testified in support of the bill.
Grant Fevurly, representing Department of Law, testified in support of
the bill. Jeremy Schupbach, representing Colorado Municipal League, testified
in support of the bill. Mr. Chief-Matthew Packard, representing CDPS/ Colorado
State Patrol, testified in support of the bill. Shannon Johnson, representing
themself, testified in support of the bill.
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04:39:38 PM |
Mr. Tyler Brown, representing County Sheriffs of Colorado, testified in support of the bill. Discussion ensued regarding the pre-trial process from law enforcement's perspective. Augustine Garcia, representing themself, testified in opposition to HB 25-1072.
Written comments about the bill are in Attachment B.
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04:48:23 PM |
Representative Caldwell
explained the effect of amendment L.001 (Attachment A). Representative
Caldwell responded to questions regarding the genesis of the amendment.
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04:49:48 PM
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Motion |
Adopt amendment L.001 (Attachment A) |
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| Moved |
Caldwell |
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| Seconded |
Carter |
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Armagost |
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Bacon |
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Caldwell |
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Clifford |
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Espenoza |
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Garcia |
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Keltie |
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Soper |
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Zokaie |
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Carter |
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Mabrey |
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection |
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04:49:50 PM |
Representatives Caldwell
and Bird provided closing remarks in support of HB 25-1072. Various committee
members provided their positions on the bill.
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05:28:41 PM
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Motion |
Refer House Bill 25-1072, as amended, to the Committee of the Whole. |
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| Moved |
Caldwell |
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| Seconded |
Clifford |
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Armagost |
Yes |
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Bacon |
No |
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Caldwell |
Yes |
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Clifford |
No |
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Espenoza |
No |
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Garcia |
No |
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Keltie |
Yes |
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Soper |
Yes |
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Zokaie |
No |
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Carter |
No |
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Mabrey |
No |
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YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL |
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05:29:13 PM
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Motion |
Postpone House Bill 25-1072 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely. |
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| Moved |
Carter |
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| Seconded |
Espenoza |
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Armagost |
No |
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Bacon |
Yes |
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Caldwell |
No |
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Clifford |
Yes |
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Espenoza |
Yes |
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Garcia |
Yes |
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Keltie |
No |
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Soper |
No |
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Zokaie |
Yes |
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Carter |
Yes |
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Mabrey |
Yes |
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Final |
YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS |
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