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H_JUD_2016A 04/14/2016 01:38:25 PM Committee Summary

Final

STAFF SUMMARY OF MEETING



HOUSE COMMITTEE ON JUDICIARY

Date: 04/14/2016
ATTENDANCE
Time: 01:38 PM to 02:50 PM
Carver
X
Court
X
Place: HCR 0112
Dore
X
Foote
X
This Meeting was called to order by
Lawrence
*
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:
HB16-1348

HB16-1021

HB16-1359

SB16-153
Amended, Referred to the Committee of the Whole

Amended, Referred to the Committee of the Whole

Amended, Referred to the Committee of the Whole

Referred to the Committee of the Whole





01:39 PM -- HB16-1348



The committee was called to order. A quorum was present. Representative Ryden, prime sponsor, presented House Bill 16-1348, concerning a specific crime of cruelty to law enforcement service animals. The committee heard testimony on the bill at its April 5 meeting. Representative Ryden explained the effect of amendment L.002 (Attachment A), a strike-below amendment. Discussion ensued regarding a potential conceptual amendment to amendment L.002. Discussion followed regarding the definition of "service animal" in amendment L.002, as compared to definitions of this term in existing statute.



16HouseJud0414AttachA.pdf16HouseJud0414AttachA.pdf






























BILL: HB16-1348
TIME: 01:42:32 PM
MOVED: Salazar
MOTION: Adopt amendment L.002 (Attachment A), as conceptually amended. The motion passed without objection.
SECONDED: Court
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


BILL: HB16-1348
TIME: 01:43:46 PM
MOVED: Kagan
MOTION: Conceptually amend amendment L.002, page 2, line 40, before "disabled", insert "permanently". The motion passed without objection.
SECONDED: Court
VOTE
Carver
Court
Dore
Foote
Lawrence
Excused
Lundeen
Melton
Salazar
Willett
Lee
Kagan
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection















01:48 PM



Representative Ryden provided closing remarks is support of HB 16-1348. Various committee members provided their positions on the bill.

BILL: HB16-1348
TIME: 01:50:30 PM
MOVED: Melton
MOTION: Refer House Bill 16-1348, as amended, to the Committee of the Whole. The motion passed on a vote of 8-3.
SECONDED: Foote
VOTE
Carver
No
Court
Yes
Dore
Yes
Foote
Yes
Lawrence
No
Lundeen
Yes
Melton
Yes
Salazar
Yes
Willett
No
Lee
Yes
Kagan
Yes
Final YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS





01:53 PM -- HB16-1021



Representative Salazar, prime sponsor, presented House Bill 16-1021, concerning providing the opportunity to collect identifying information from applicants for state-issued cards. Representative Salazar explained the effect of the bill and discussed its need. Representative Salazar explained the effect of amendment L.001 (Attachment B). Discussion ensued regarding the position of certain members of the interim Profiling-Initiated Contacts with Law Enforcement (PICLE) Committee on the amendment. No one testified regarding HB 16-1021. Representative Salazar responded to questions regarding how information collected under HB 16-1021 will be used, and the potential for the information to be accessed under the Colorado Open Records Act.



16HouseJud0414AttachB.pdf16HouseJud0414AttachB.pdf






















BILL: HB16-1021
TIME: 01:57:58 PM
MOVED: Salazar
MOTION: Adopt amendment L.001 (Attachment B). The motion passed on a vote of 6-5.
SECONDED: Melton
VOTE
Carver
No
Court
Yes
Dore
No
Foote
Yes
Lawrence
No
Lundeen
No
Melton
Yes
Salazar
Yes
Willett
No
Lee
Yes
Kagan
Yes
YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS





02:03 PM



Discussion ensued regarding debate surrounding HB 16-1021 during the interim PICLE Committee. Discussion followed regarding the fiscal impact of the bill in light of the passage of amendment L.001.




















































BILL: HB16-1021
TIME: 02:07:37 PM
MOVED: Salazar
MOTION: Refer House Bill 16-1021, as amended, to the Committee of the Whole. The motion passed on a vote of 5-4.
SECONDED: Melton
VOTE
Carver
No
Court
Excused
Dore
Excused
Foote
Yes
Lawrence
No
Lundeen
No
Melton
Yes
Salazar
Yes
Willett
No
Lee
Yes
Kagan
Yes
Final YES: 5 NO: 4 EXC: 2 ABS: 0 FINAL ACTION: PASS





02:08 PM -- HB16-1359



Representative Salazar, prime sponsor, presented House Bill 16-1359, concerning the use of medical marijuana while on probation. Representative Salazar explained the effect of the bill and discussed its need. Representative Salazar also explained the effect of amendment L.002 (Attachment C). Discussion ensued regarding the ability of a court to preclude a probationer from being able to use medical marijuana under amendment L.002. The following persons testified regarding HB 16-1359:



16HouseJud0414AttachC.pdf16HouseJud0414AttachC.pdf



02:14 PM --
Mr. Eric Philp, representing Colorado Probation within the Office of the State Court Administrator, testified in support of the bill. Mr. Philp discussed some issues encountered while administering HB 15-1267, which allows probationers to possess and use medical marijuana under certain circumstances. Mr. Philp responded to questions regarding the ability of his department to provide material evidence in accordance with amendment L.002.



02:21 PM --
Mr. Shawn Coleman, representing the Drug Policy Alliance, testified in support of the bill. Mr. Coleman quoted an official from the alliance in support of the bill, and discussed circumstances under which a probationer might responsibly use medical marijuana.



















02:23 PM --
Ms. Jessica LeRoux, representing herself, testified in support of the bill. Ms. LeRoux discussed the medical needs of probationers.





02:25 PM



Representative Salazar further explained amendment L.002.

BILL: HB16-1359
TIME: 02:26:17 PM
MOVED: Salazar
MOTION: Adopt amendment L.002 (Attachment C), as conceptually amended. 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












































BILL: HB16-1359
TIME: 02:26:30 PM
MOVED: Salazar
MOTION: Conceptually amend amendment L.002, page 1, line 6, before "material", insert "any". 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

































































02:27 PM



Representative Salazar provided closing remarks in support of HB 16-1359.

BILL: HB16-1359
TIME: 02:27:49 PM
MOVED: Salazar
MOTION: Refer House Bill 16-1359, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED: Court
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





02:28 PM -- SB16-153



Representative Wilson, prime sponsor, presented Senate Bill 16-153, concerning nominees for county court judges. Representative Wilson explained the effect of the bill, and discussed its need. Representative Wilson responded to questions regarding the selection of a judge from within the same judicial district to fill a vacancy in a county judgeship under the bill, and under current law. Representative Wilson responded to questions regarding the need for a county court judge to be admitted to the bar to serve.







































02:40 PM



Representative Wilson responded to questions regarding residency requirements for satisfying a vacancy fulfillment under SB 16-153. The following person testified regarding SB 16-153:



02:41 PM --
Mr. Terry Scanlon, representing the Judicial Branch, testified on the bill from a neutral perspective. Mr. Scanlon provided perspective on why the bill was brought forward, and addressed earlier questions about the need to be an attorney to be a judge. Mr. Scanlon responded to questions regarding the frequency with which applicants not residing in a certain county are seeking judgeships in the county. Representative Wilson responded to questions regarding the intent of the sponsors in bringing forth the legislation.





02:48 PM



No amendments were offered to SB 16-153. Representative Wilson provided closing remarks in support of the bill.

BILL: SB16-153
TIME: 02:49:31 PM
MOVED: Kagan
MOTION: Refer Senate Bill 16-153 to the Committee of the Whole. The motion passed on a vote of 10-1.
SECONDED: Court
VOTE
Carver
Yes
Court
Yes
Dore
Yes
Foote
Yes
Lawrence
Yes
Lundeen
Yes
Melton
No
Salazar
Yes
Willett
Yes
Lee
Yes
Kagan
Yes
Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS





02:50 PM



The committee adjourned.


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