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h_jud_2016a_2016-01-26t09:48:03z0 Hearing Summary

Date: 01/26/2016



Final

BILL SUMMARY for HB16-1017



HOUSE COMMITTEE ON JUDICIARY


Votes: View--> Action Taken:
Adopt amendment L.003 (Attachment B). The motion p

Refer House Bill 16-1017, as amended, to the Commi
Pass Without Objection

PASS







09:49 AM -- HB16-1017



The committee was called to order. A quorum was present. Representatives Pabon and Lawrence, prime sponsors, presented House Bill 16-1017, concerning a victim impact panel. The bill specifically addresses victim impact panels for traffic offenses involving alcohol or drugs. Representative Pabon described the effect of the bill and explained the need for the legislation. Representative Lawrence provided background on victim impact fees, and clarified certain provisions of the bill. Representative Pabon responded to questions regarding how victim impact fees will be handled for cases of indigency under the bill. Representative Lawrence responded to questions regarding a provision in the bill requiring in-person appearances for a victim impact panel. Discussion ensued regarding the effect of the current fee cap, and the potential effect of eliminating the fee cap.





10:03 AM



Discussion continued regarding eliminating the victim impact panel fee cap, and potential market entrants to conduct victim impact panels under a cap-free environment. Representative Pabon responded to questions regarding how driving under the influence (DUI) offenders appear before victim impact panels. Discussion followed regarding the geographic diversity of victim impact panels. Discussion returned to the marketplace for victim impact panels. Discussion turned to a provision in amendment L.002 (Attachment A) that adjusts the maximum impact panel fee annually. Discussion returned to the geographic diversity of DUI victim impact panels, and fees charged under the bill in cases of indigency.



16HouseJud0126AttachA.pdf16HouseJud0126AttachA.pdf



10:21 AM



Discussion continued regarding fees charged under the bill in cases of indigency. The following persons testified regarding House Bill 16-1017:



10:25 AM --
Mr. Fran Lanzer, and Ms. Lindsey Nicholson, representing Mothers Against Drunk Driving (MADD), testified in support of the bill. Mr. Lanzer discussed the conduct of DUI victim impact panels and fees associated with appearing before such panels. Mr. Lanzer explained the benefits that may be realized if the maximum allowable fee for DUI victim impact panels is increased. Discussion ensued regarding the ability of certain defendants to waive the fees assessed under House Bill 16-1017. Ms. Nicholson provided input on how fees are handled by MADD in cases of indigency.





10:38 AM



Discussion continued regarding how fees are handled for DUI victim impact panels in cases of indigency.



10:43 AM --
Ms. Carrie Thompson, representing the Colorado Criminal Defense Bar, testified on the bill from a neutral perspective. Ms. Thompson discussed the efficacy of DUI victim impact panels while expressing concerns about the burdens of numerous fees on DUI defendants. Discussion continued regarding fee impacts in cases of indigency.



10:50 AM --
Ms. Peg Ackerman, representing County Sheriffs of Colorado, testified in support of House Bill 16-1017. Ms. Ackerman discussed the efficacy of DUI victim impact panels.



10:51 AM --
Mr. Devin Butler, representing MADD, testified in support of the bill. Mr. Butler discussed his experiences as a victim of a DUI accident, and as a volunteer for victim impact panels. Discussion ensued regarding the benefits of victim impact panels.



10:57 AM --
Mr. Ellison Brimage, representing MADD, testified in support of the bill. Mr. Brimage discussed his experiences as a defendant in a DUI case and his subsequent appearance before a victim impact panel. He also discussed the efficacy of such panels.



11:01 AM --
Mr. David Sedbrook, representing MADD, testified in support of the bill. Mr. Sedbrook discussed his experiences as a victim of a DUI accident, and his subsequent volunteer activity with MADD. He discussed the content of victim impact panels.



11:07 AM --
Ms. Nancy Lewis, representing the Colorado Organization for Victim Assistance, testified in support of the bill.





11:08 AM



Representative Lawrence explained the effect of amendment L.003 (Attachment B).



16HouseJud0126AttachB.pdf16HouseJud0126AttachB.pdf

BILL: HB16-1017
TIME: 11:09:17 AM
MOVED: Lawrence
MOTION: Adopt amendment L.003 (Attachment B). The motion passed without objection.
SECONDED: Lee
VOTE
Carver
Absent
Court
Dore
Foote
Lawrence
Lundeen
Melton
Salazar
Willett
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 1 FINAL ACTION: Pass Without Objection





11:10 AM



Representatives Lawrence and Pabon provided closing remarks in support of House Bill 16-1017.

BILL: HB16-1017
TIME: 11:13:33 AM
MOVED: Lawrence
MOTION: Refer House Bill 16-1017, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED: Willett
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










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