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H_JUD_2017A 02/28/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



HOUSE COMMITTEE ON JUDICIARY

Date: 02/28/2017
ATTENDANCE
Time: 10:45 AM to 03:20 PM
Benavidez
X
Carver
X
Place: HCR 0112
Foote
X
Herod
X
This Meeting was called to order by
Lundeen
X
Representative Lee
Melton
X
Weissman
X
This Report was prepared by
Willett
X
Bo Pogue
Wist
X
Salazar
X
Lee
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB17-1110

HB17-1109

HB17-1147
Witness Testimony and/or Committee Discussion Only

Amended, Referred to the Committee of the Whole

Referred to the Committee of the Whole





10:45 AM -- HB 17-1110



The committee was called to order. A quorum was present. Representative Beckman, prime sponsor, presented House Bill 17-1110, concerning juvenile court jurisdiction regarding matters related to parental responsibilities in a juvenile delinquency case. The committee heard testimony on the bill at its February 23 meeting. Committee members received a preamended version of the bill (Attachment A), showing the effect of passing amendment L.002 (Attachment B). Discussion ensued regarding the amendment. Mr. Mike Valentine, representing Arapahoe County, addressed questions about language in amendment L.002 concerning the timeliness of service of notice for certain proceedings affected by the bill. Discussion ensued regarding the potential for conceptually amending amendment L.002. Representative Beckman returned to explaining the effect of amendment L.002.



17HouseJud0228AttachA.pdf17HouseJud0228AttachA.pdf 17HouseJud0228AttachB.pdf17HouseJud0228AttachB.pdf



10:56 AM



Discussion continued regarding amendment L.002.





11:27 AM



The committee recessed.

















11:37 AM



The committee returned to order.

BILL: HB 17-1110
TIME: 10:57:17 AM
MOVED: Lundeen
MOTION: Adopt amendment L.002 (Attachment B). The motion was withdrawn. The motion passed without objection.
SECONDED: Carver
VOTE
Benavidez
Carver
Foote
Herod
Lundeen
Melton
Weissman
Willett
Wist
Salazar
Lee
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:





11:38 AM



Representative Beckman discussed some additional potential changes to HB 17-1110. Mr. Valentine provided input on these potential changes. Discussion ensued regarding how best to go forward with amendments to the bill.





11:43 AM



The chair laid over HB 17-1110. The committee recessed.































01:36 PM -- HB 17-1109



The committee was called to order. A quorum was present. Representatives Carver and Danielson, prime sponsors, presented House Bill 17-1109, concerning prosecuting in one jurisdiction a person who has committed sexual assaults against a child in different jurisdictions. The committee heard testimony on the bill at its February 23 meeting. Representative Carver explained the effect of amendment L.006 (Attachment C).



17HouseJud0228AttachC.pdf17HouseJud0228AttachC.pdf

BILL: HB 17-1109
TIME: 01:38:33 PM
MOVED: Carver
MOTION: Adopt amendment L.006 (Attachment C). The motion passed without objection. The motion passed without objection.
SECONDED: Weissman
VOTE
Benavidez
Carver
Foote
Excused
Herod
Lundeen
Melton
Weissman
Willett
Wist
Salazar
Lee
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection





01:40 PM



Representative Salazar explained the effect of amendment L.005 (Attachment D). Mr. Timothy Lane, representing the Colorado District Attorneys' Council, provided clarification about certain concepts invoked by the amendment. Discussion ensued on these points.



17HouseJud0228AttachD.pdf17HouseJud0228AttachD.pdf





















02:05 PM



Discussion continued regarding the implications of passing HB 17-1109 with amendment L.005 attached.





02:14 PM





Ms. Laurie Rose Kepros, representing the Office of the State Public Defender and the Colorado Criminal Defense Bar, testified on amendment L.005 and the bill in general. Ms. Kepros discussed the merits of the amendment. Discussion ensued regarding the impact of certain constitutional provisions on multi-jurisdictional pattern legislation.





02:26 PM



Discussion continued regarding the constitutionality of multi-jurisdictional prosecutions. Representative Carver reiterated the purpose of HB 17-1109, and expressed some concerns with amendment L.005. Various committee members provided input on the amendment.

BILL: HB 17-1109
TIME: 01:40:46 PM
MOVED: Salazar
MOTION: Adopt amendment L.005 (Attachment D). The motion failed on a vote of 5-6. The motion failed on a vote of 5-6.
SECONDED: Melton
VOTE
Benavidez
Yes
Carver
No
Foote
No
Herod
Yes
Lundeen
No
Melton
Yes
Weissman
No
Willett
No
Wist
No
Salazar
Yes
Lee
Yes
YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL

























02:38 PM



Representative Carver explained the effect of amendment L.001 (Attachment E). Discussion ensued regarding what constitutes the furtherance of a pattern for prosecutorial purposes.



17HouseJud0228AttachE.pdf17HouseJud0228AttachE.pdf

BILL: HB 17-1109
TIME: 02:38:31 PM
MOVED: Carver
MOTION: Adopt amendment L.001 (Attachment E). The motion passed on a vote of 10-1. The motion passed on a vote of 10-1.
SECONDED: Wist
VOTE
Benavidez
No
Carver
Yes
Foote
Yes
Herod
Yes
Lundeen
Yes
Melton
Yes
Weissman
Yes
Willett
Yes
Wist
Yes
Salazar
Yes
Lee
Yes
YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS













































02:51 PM



Representative Danielson provided some closing remarks in support of HB 17-1109.

BILL: HB 17-1109
TIME: 02:51:54 PM
MOVED: Carver
MOTION: Refer House Bill 17-1109, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0. The motion passed on a vote of 11-0.
SECONDED: Lundeen
VOTE
Benavidez
Yes
Carver
Yes
Foote
Yes
Herod
Yes
Lundeen
Yes
Melton
Yes
Weissman
Yes
Willett
Yes
Wist
Yes
Salazar
Yes
Lee
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





02:56 PM -- HB 17-1147



The committee recessed.





03:04 PM



Representative Sias, prime sponsor, presented House Bill 17-1147, concerning defining the purposes of community corrections programs. Committee members received a fact sheet supporting the bill, prepared by the Department of Public Safety (Attachment F). Representative Sias explained the effect of the bill and discussed its need. The following person testified regarding the bill:



17HouseJud0228AttachF.pdf17HouseJud0228AttachF.pdf























03:07 PM -- Ms. Melissa Roberts, representing the Department of Corrections, testified in support of the bill. Ms. Roberts explained that the bill codifies current practices. Discussion ensued regarding evidence-based practices in community corrections. Discussion followed regarding the threshold for Colorado Commission on Criminal and Juvenile Justice (CCJJ) to approve the recommendation of legislation to the General Assembly; HB 17-1147 was recommended by the commission. Discussion turned to the volume of legislation approved by CCJJ for the current legislative session.





03:16 PM



No amendments were offered to HB 17-1147. Discussion ensued regarding the practical effect of the bill.

BILL: HB 17-1147
TIME: 03:19:40 PM
MOVED: Melton
MOTION: Refer House Bill 17-1147 to the Committee of the Whole. The motion passed on a vote of 10-0. The motion passed on a vote of 10-0.
SECONDED: Weissman
VOTE
Benavidez
Yes
Carver
Yes
Foote
Yes
Herod
Yes
Lundeen
Yes
Melton
Yes
Weissman
Yes
Willett
Yes
Wist
Yes
Salazar
Yes
Lee
Excused
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS





03:20 PM



The committee adjourned.