C0C65B68ED9C76AE87258814006F7B9D Hearing Summary

Representative Tipper, prime sponsor, presented Senate Bill 22-103, concerning a remedy for improperly entered guilty pleas. Representative Tipper explained the effect of the bill and discussed its need. She also discussed some amendments to the bill passed in the Senate. Representative Tipper responded to questions regarding the constitutionality of certain aspects of the bill, and evidence required under the bill. Representative Tipper responded to further questions regarding how defense counsel would properly advise clients under the bill.

Kristi Englekirk, representing The Meyer Law Office, testified in support of SB 22-103. Tim Lane, representing the Colorado District Attorney's Council, testified on the bill from a neutral position. Discussion ensued regarding how the bill affects the statute of limitations in certain cases, and coverage of certain aspects of the bill by existing law pertaining to ineffective assistance of counsel. Discussion followed regarding the placement of the burden of proof. Hans Meyer, representing The Meyer Law Office, provided input on this issue. Mr. Lane responded to questions regarding the inclusion of the word "solely" in the bill with respect to evidence. Mr. Meyer testified in support of the bill. Mr. Meyer and Mr. Lane responded to questions regarding certain constitutional issues invoked by the bill. Discussion ensued regarding the types of crimes impacted by the bill.

No amendments were offered to SB 22-103. Representative Tipper provided closing remarks in support of the bill. Various committee members made concluding comments on the bill.

The committee recessed.

The committee returned to order.