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H_JUD_2016A 03/22/2016 01:41:33 PM Committee Summary

Final

STAFF SUMMARY OF MEETING



HOUSE COMMITTEE ON JUDICIARY

Date: 03/22/2016
ATTENDANCE
Time: 01:41 PM to 07:06 PM
Carver
X
Court
X
Place: HCR 0112
Dore
X
Foote
X
This Meeting was called to order by
Lawrence
X
Representative Kagan
Lundeen
X
Melton
X
This Report was prepared by
Salazar
X
Bo Pogue
Willett
X
Lee
X
Kagan
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB16-1331

HB16-1308
Referred to the Committee of the Whole

Amended, Referred to the Committee of the Whole





01:41 PM -- HB16-1331



The committee was called to order. A quorum was present. Representative Lontine, prime sponsor, presented House Bill 16-1331, concerning the use of restraints on a juvenile during a court proceeding. Committee members received a report from the Judicial Branch pertaining to juvenile restraint in courtrooms (the report may be accessed at: http://www.coloradochildrep.org/wp-content/uploads/2015/12/Report-to-the-General-Assembly-on-restraints-on-juveniles1.pdf ). Representative Lontine discussed legislation concerning juvenile shackling that was considered by the General Assembly in 2015, and explained the effect of HB 16-1331. Representative Lontine responded to questions regarding some reservations expressed about policy changes made pertaining to juvenile shackling. The following persons testified regarding HB 16-1331:



01:48 PM --
Deputy Bryan Lipe, representing the El Paso County Sheriff's Office, testified in opposition to the bill. Deputy Lipe discussed some potential safety concerns associated with banning juvenile shackling. Deputy Lipe responded to questions regarding violent incidents involving juveniles in court in El Paso County, and the county's policy for shackling adults in court. Deputy Lipe responded to further questions regarding department policy on the escorting of offenders in court.



02:00 PM --
Ms. Janet Huffor, representing the El Paso County Sheriff's Office and the County Sheriffs of Colorado, testified in opposition to HB 16-1331. Ms. Huffor discussed policies adopted by the Judicial Branch concerning juvenile shackling in court, and the policies followed in El Paso County. Ms. Huffor explained that the bill would undo work undertaken by her office and other stakeholders, and expressed additional reservations about the bill. Ms. Huffor responded to questions regarding the ability of a sheriff's office to request that particular juveniles be restrained in court.















02:16 PM



Ms. Huffor responded to questions regarding the intent of HB 16-1331, and the criteria to be considered when shackling juveniles in court under current policy and under HB 16-1331. Ms. Huffor responded to questions regarding the potential for amending the bill to outline the crimes that would result in a juvenile being shackled in court.





02:29 PM



Ms. Huffor responded to questions regarding the process that would be observed in requesting that a particular juvenile be restrained under HB 16-1331, and the process currently observed in El Paso County. Discussion ensued regarding how smoothly this process currently functions.



02:40 PM --
Judge Michael O'Hara, representing the Judicial Branch, testified on the bill from a neutral position. Judge O'Hara discussed policies created by the judicial districts concerning juvenile shackling. Judge O'Hara responded to questions regarding judicial discretion on restraining juveniles in court, and the process by which restraint policies were created in his judicial district. Judge O'Hara responded to questions regarding the positions of stakeholders on the juvenile restraint policy that his district crafted.



02:54 PM --
Ms. Ann Roan, representing the Office of the State Public Defender, testified in support of the bill. Ms. Roan discussed inconsistencies in current juvenile shackling policies among the judicial districts, the leeway granted to courts by the bill, and the constitutionality of the bill. Ms. Roan explained that the bill will create uniformity in shackling policy in Colorado. Ms. Roan responded to questions regarding why this judicial function should be uniform throughout the state, while other functions are not.





03:09 PM



Ms. Roan responded to questions regarding how HB 16-1331 would change juvenile restraint policy in the districts.



03:09 PM --
Ms. Melissa North and Mr. Zack Duran, representing themselves, testified in support of the bill. Ms. North discussed the impact court shackling has had on her son.



03:14 PM --
Ms. Sheila Littlejohn-Price, representing herself, testified in support of the bill. Ms. Littlejohn-Price discussed the shackling of her daughter for court proceedings, and the impact this had on her family. Ms. Littlejohn-Price responded to questions regarding the circumstances under which her daughter appeared in court, and the reasons why her daughter was shackled.



03:20 PM --
Ms. Hannah Proff, representing the Colorado Juvenile Defender Center, testified in support of HB 16-1331. Ms. Proff discussed juvenile shackling policy in other states, and provided some history on the use of shackling for juveniles in court. Ms. Proff responded to questions regarding the time involved on the part of a court in making a shackling decision, and the consistency of HB 16-1331 with shackling policy in other states.



03:28 PM --
Ms. Carla Bennett, representing the League of Women Voters, testified in support of the bill. Ms. Bennett discussed the need for a consistent statewide policy on juvenile shackling.















03:30 PM --
Ms. Sarah Strufing, representing the Office of the State Public Defender, testified in support of the bill. Ms. Strufing discussed the juvenile shackling policy in Adams County, and the process by which shackling decisions are made.



03:35 PM --
Ms. Tamara Thomson, representing the Office of the State Public Defender, testified in support of the bill. Ms. Thomson discussed the juvenile shackling policy adopted in Denver, and explained how this policy has impacted certain juveniles appearing in court. Ms. Thomson responded to questions regarding the trauma experienced by juveniles who have been shackled, and the extent of juvenile shackling in Denver. Ms. Thompson responded to further questions regarding the criteria that should be considered in making a juvenile shackling decision.



03:48 PM --
Ms. Linda Weinerman, representing the Office of the Child's Representative, testified in support of the bill. Ms. Weinerman discussed the population affected by the bill, and progress made on the shackling issue in recent years. Ms. Weinerman discussed disparate juvenile shackling policies among the judicial districts. Discussion ensued regarding the shackling policy in the Eighteenth Judicial District. Ms. Weinerman responded to questions regarding the use of state law to guide shackling policy.



03:59 PM --
Ms. Jamie Lovato, representing herself, testified in support of HB 16-1331. Ms. Lovato discussed her experiences as a victimized youth, and the stresses of working with youth. Ms. Lovato discussed her experiences with law enforcement and the courts, and the traumas associated with court appearances and shackling. Ms. Lovato discussed the benefits of not shackling juveniles.





04:08 PM



No amendments were offered to HB 16-1331. Representative Lontine provided closing remarks in support of the bill. Various committee members provided their positions on the bill.





04:21 PM



The committee recessed.





04:23 PM



The committee returned to order.


































BILL: HB16-1331
TIME: 04:11:06 PM
MOVED: Salazar
MOTION: Refer House Bill 16-1331 to the Committee of the Whole. The motion passed on a vote of 6-4.
SECONDED: Melton
VOTE
Carver
No
Court
Yes
Dore
Excused
Foote
Yes
Lawrence
No
Lundeen
No
Melton
Yes
Salazar
Yes
Willett
No
Lee
Yes
Kagan
Yes
Final YES: 6 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: PASS





04:24 PM



The committee recessed.





04:32 PM -- HB16-1308



The committee returned to order. Representative Kagan, prime sponsor, presented House Bill 16-1308, concerning the offense of fraudulent misrepresentation of a service animal. Representative Kagan explained the effect of the bill and discussed its need. Representative Kagan rebutted forthcoming arguments against the bill.





04:48 PM



Representative Kagan continued to rebut arguments against the bill. Representative Kagan responded to questions regarding the effect of the bill's prohibitions on the use of service animals in training, and the parties that may lawfully question the validity of a service animal. Discussion ensued regarding what constitutes a place of public accommodation under the bill, and the ability of parties to determine a violation of the bill.

























05:00 PM



Discussion ensued regarding a fact pattern where a non-disabled person is in the employ of a service animal, and the scope of the fraudulent misrepresentation of service animal. The following persons testified regarding HB 16-1308:



05:05 PM --
Ms. Francesca Maes, representing Good Dog Service Dogs, testified in opposition to the bill. Ms. Maes discussed the problems people experience when charged with crimes, and the potential for improving the federal standard for service animals.



05:08 PM --
Mr. James W. Clark, representing G.A.P. Assistance Dogs, testified in opposition to the bill. Mr. Clark discussed miscommunication and misperception pertaining to those with disabilities, and suggested that some revisions could be made to improve the bill. Mr. Clark responded to questions regarding the extent to which service animals do not wear vests displaying their status.



05:13 PM --
Ms. Christina Johnson, representing herself, testified in opposition to HB 16-1308. Ms. Johnson discussed the value of education over punishment to address the misrepresentation of service animals, and related her experiences as a person who has used service animals. Ms. Johnson discussed fraudulent training of service animals, and the penalties for violating the bill.



05:17 PM --
Ms. Hanna Pennington, representing G.A.P. Assistance Dogs, testified in opposition to HB 16-1308. Ms. Pennington explained that the bill does not properly address the problem of the fraudulent misrepresentation of service animals. Ms. Pennington responded to questions regarding how persons with disabilities can prove the validity of their service animals.



05:22 PM --
Ms. Emily Harvey, representing Disability Law Colorado, testified in opposition to the bill. Ms. Harvey discussed the potential for the bill to result in a disparate impact on certain populations, and explained the different categories of animals that assist those with disabilities. Ms. Harvey responded to questions regarding the potential for those with companion animals to be grouped together under the bill with those fraudulently misrepresenting service animals. Representative Kagan addressed previous testimony.





05:33 PM



Representative Kagan responded to questions regarding warnings that will be issued to violators of the bill. Discussion ensued regarding restrictions on taking animals aboard airplanes, and the process by which a service animal's credentials are proven.





05:48 PM



Discussion ensued regarding certain potential unintended consequences of the bill.



05:48 PM --
Ms. Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of HB 16-1308. Ms. Ackerman discussed the deterrent effect of the legislation. Representative Kagan read a letter in support of the bill from the Colorado Retail Council (Attachment A). Representative Kagan read a note in support of the bill from the Arc of Colorado.



16HouseJud0322AttachA.pdf16HouseJud0322AttachA.pdf









05:53 PM --
Ms. Caitlin Brady, representing the Colorado Cross-Disability Coalition, testified in support of the bill. Ms. Brady discussed the negative effects experienced by those with disabilities as a result of falsely represented service dogs. Ms. Brady responded to questions regarding her use of a service animal vest on her dog. Ms. Brady discussed the merits of the bill. Ms. Brady responded to questions regarding how she would react if wrongfully charged with fraudulently misrepresenting a service animal. Committee members received a handout supporting the bill from the Colorado Cross-Disability Coalition (Attachment B).



16HouseJud0322AttachB.pdf16HouseJud0322AttachB.pdf



05:58 PM --
Ms. Kelly Truelove, representing King Soopers, testified in support of HB 16-1308. Ms. Truelove discussed problems in King Soopers grocery stores caused by those who have misrepresented their animals, and explained the process undertaken by King Soopers in these instances. Ms. Truelove discussed health violations created by the presence of animals in grocery stores. Discussion ensued regarding the potential deterrent effect of the bill.



06:04 PM --
Ms. Barbara Henry, representing Domino Service Dogs, testified in support of the bill. Ms. Henry showed the committee a Powerpoint presentation on service dogs, and narrated the presentation. Discussion ensued regarding the use of miniature horses as service animals.



06:13 PM --
Ms. Janee Boswell, representing the Colorado Association of Animal Control Officers, testified in support of the bill. Ms. Boswell discussed the deterrent effect of the bill, and provided some examples of the misrepresentation of service animals. Ms. Boswell responded to questions regarding the abuse of the comfort pet status.



06:21 PM --
Mr. Mark Simon, representing himself, testified in support of the bill. Committee members received a fact sheet in support of the bill (Attachment C). Mr. Simon discussed the contents of the fact sheet. Mr. Simon responded to questions regarding questions that a shopkeeper may legally ask about a service animal.



16HouseJud0322AttachC.pdf16HouseJud0322AttachC.pdf



06:29 PM --
Ms. Brianne Corbett, representing Freedom Service Dogs, testified in support of the bill. Ms. Corbett discussed the problems associated with bringing pets into public disguised as service animals.



06:31 PM --
Ms. Christine McGroarty, representing herself, testified in support of HB 16-1308. Ms. McGroarty discussed the increase in the level of misrepresentation of pets as service animals, and the problems associated with this phenomenon. Ms. McGroarty discussed some complexities surrounding the use of service animals. Ms. McGroarty responded to questions regarding training for service animals.

























06:35 PM --
Ms. Natalie Hunter, representing herself, testified in support of the bill. Ms. Hunter discussed the reticence of business owners to properly police fraudulent service animals, and interactions between fraudulent service animals and authentic service animals. Ms. Hunter entered her testimony into the record (Attachment D).



16HouseJud0322AttachD.pdf16HouseJud0322AttachD.pdf



06:38 PM --
Mr. Paul O'Brien, representing Canine Companions for Independence, testified in support of the bill. Mr. O'Brien discussed the work of his organization, and problems associated with the proliferation of fake service dogs. Mr. O'Brien responded to questions regarding the potential for the use of comfort animals to be captured by the prohibitions of the bill. Mr. O'Brien responded to questions regarding the types of tasks performed by the dogs trained by his organization.



06:45 PM --
Mr. Kyle Walpole, representing himself, testified in support of HB 16-1308. Mr. Walpole discussed why people fraudulently pose their pets as service animals, and problems associated with this fraudulent activity.



06:48 PM --
Ms. Dawn Howard, representing the Colorado Cross-Disability Coalition, testified in support of the bill.



06:50 PM --
Ms. Linda Hart, representing the Colorado Federation of Dog Clubs, testified in opposition to HB 16-1308. Ms. Hart explained that the bill will not combat the proliferation of false service animals.





06:53 PM



Representative Kagan explained the effect of amendment L.001 (Attachment E). Discussion ensued regarding the potential for policing the sales of fake service animal vests. Committee members received a preamended version of HB 16-1308 as amended by amendment L.001 (Attachment F).



16HouseJud0322AttachE.pdf16HouseJud0322AttachE.pdf 16HouseJud0322AttachF.pdf16HouseJud0322AttachF.pdf




































BILL: HB16-1308
TIME: 06:54:26 PM
MOVED: Kagan
MOTION: Adopt amendment L.001 (Attachment E). The motion passed without objection.
SECONDED: Melton
VOTE
Carver
Court
Dore
Foote
Lawrence
Lundeen
Melton
Salazar
Willett
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





































































06:59 PM



Representative Kagan provided closing remarks in support of HB 16-1308. Various members of the committee provided their positions on the bill.

BILL: HB16-1308
TIME: 07:00:53 PM
MOVED: Kagan
MOTION: Refer House Bill 16-1308, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED: Melton
VOTE
Carver
Yes
Court
Yes
Dore
Yes
Foote
Yes
Lawrence
Yes
Lundeen
Yes
Melton
Yes
Salazar
Yes
Willett
Yes
Lee
Yes
Kagan
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





07:06 PM



The committee adjourned.


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