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H_JUD_2017A 03/09/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



HOUSE COMMITTEE ON JUDICIARY

Date: 03/09/2017
ATTENDANCE
Time: 01:33 PM to 05:27 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
*
Salazar
X
Lee
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB17-024

HB17-1122

HB17-1150

HB17-1188
Referred to the Committee of the Whole

Referred to the Committee of the Whole

Amended, Referred to House Appropriations

Amended, Referred to the Committee of the Whole





01:34 PM -- SB17-024



The committee was called to order. A quorum was present. Representative Young, prime sponsor, presented Senate Bill 17-024, concerning the hearsay exception for persons with an intellectual and developmental disability when a defendant is charged with a crime against an at-risk person. Representative Young explained the effect of the bill and discussed its need. The following persons testified regarding SB 17-024:



01:36 PM --
Ms. Maggie Conboy and Ms. Jane Walsh, representing the Colorado District Attorneys' Council, testified in support of the bill. Committee members received a fact sheet supporting the bill, prepared by the Colorado District Attorneys' Council (Attachment A). Ms. Conboy discussed a case she prosecuted involving a victim with developmental disabilities, and explained how the hearsay exception is useful in such cases. Ms. Walsh responded to questions regarding the crimes covered by the current hearsay exception, and the crimes affected by the bill. She also discussed the utility of the hearsay exception.



17HouseJud0309AttachA.pdf17HouseJud0309AttachA.pdf



01:42 PM --
Ms. Darla Stuart, representing the Arc of Colorado, testified in support of the bill. Ms. Stuart cited statistics about the rate of victimization of the intellectually and developmentally disabled community, and discussed the benefits of expanding the hearsay exception.

















01:45 PM



No amendments were offered to SB 17-024.





01:47 PM



The committee recessed.





01:49 PM



The committee returned to order.

BILL: SB17-024
TIME: 01:45:47 PM
MOVED: Salazar
MOTION: Refer Senate Bill 17-024 to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED: Melton
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





01:51 PM



The committee recessed.





























01:51 PM -- HB17-1122



The committee returned to order. Representative Esgar, prime sponsor, presented House Bill 17-1122, concerning the issuance of a new birth certificate with a gender designation that differs from the gender designated on the person's original birth certificate. Representative Esgar explained the effect of the bill and discussed its need. The following persons testified regarding HB 17-1122:



01:57 PM --
Dana Erpelding, representing the Department of Public Health and Environment, testified in support of the bill. Ms. Erpelding explained how the department would process gender changes for birth certificates under the bill, and discussed health issues faced by the transgender community. Ms. Erpelding addressed potential concerns with the legislation. Ms. Erpelding responded to questions regarding how a name change would take place for a transgendered person under the bill.



02:01 PM --
Dr. Sarah Burgamy, representing herself, testified in support of the bill. Dr. Burgamy discussed the phenomenon of gender identity, and the importance of having documentation that aligns with one's identity.



02:05 PM --
Jenna and Jude Clinchard, representing themselves, testified in support of the bill. Jenna Clinchard discussed the transitioning of her daughter, and the benefits of passing HB 17-1122. Jude Clinchard discussed transitioning, and the benefits of passing the bill. Jude Clinchard responded to a question regarding how she would feel were the bill to pass.



02:10 PM --
Sara Connell, representing herself, testified in support of HB 17-1122. Ms. Connell recounted her experiences growing up, and explained how being able to change identity documents would be beneficial.



02:14 PM --
Emma Shinn, representing herself, testified in support of the bill. Ms. Shinn explained why surgery should not be necessary to change gender identity on a birth certificate, and discussed the benefits of passing the bill. Discussion ensued regarding insurance complications associated with transgender issues, and certain record-sealing issues.



02:20 PM --
Todd Garrity, representing himself, testified in support of the bill. Mr. Garrity discussed crimes committed against the transgender community, and the importance of creating a safe environment in the court system.



02:23 PM --
Angelica Medrano, representing herself, testified in support of HB 17-1122. Ms. Medrano discussed the gender identity of her child, and explained how allowing birth certificate changes would be beneficial.



02:28 PM --
Shari Zabel, representing herself, testified in support of the bill. Ms. Zabel discussed discrimination faced by certain communities, and explained how aligning documentation with gender helps to prevent discrimination. Ms. Zabel responded to questions regarding insurance coverage.



02:33 PM --
Macy Shaffler, representing herself, testified in support of HB 17-1122. Ms. Shaffler discussed her experiences growing up transgendered.





















02:37 PM --
Brooke Baxa, representing himself, testified in support of the bill. Mr. Baxa discussed challenges he has faced, and the benefits of updating a birth certificate to reflect gender.



02:41 PM --
Courtney Gray, representing herself, testified in support of the bill. Ms. Gray discussed issues presented by documentation not matching gender identity.



02:44 PM --
Megan Malinaric read the testimony of Dr. Michelle Cretella in opposition to the bill. Ms. Malinaric responded to questions regarding cases of fraud associated with birth certificate gender, and other claims made in Dr. Cretella's testimony. Committee members received copies of Dr. Cretella's testimony (Attachment B).



17HouseJud0309AttachB.pdf17HouseJud0309AttachB.pdf



02:56 PM --
Preston Branaugh read the testimony of Lora Thomas, Douglas County Commissioner, in opposition to the bill. Committee members received copies of Ms. Thomas' testimony (Attachment C).



17HouseJud0309AttachC.pdf17HouseJud0309AttachC.pdf



03:01 PM --
Stephanie Curry, representing the Family Policy Alliance, testified in opposition to the bill. Ms. Curry outlined three reasons why the alliance is opposed to the bill. Committee members received copies of Ms. Curry's testimony (Attachment D). Ms. Curry responded to questions regarding actions taken by the federal Social Security Administration pertaining to gender identity, and security issues surrounding the gender marker on birth certificates. She responded to questions regarding fraud occurring in other states with laws similar to HB 17-1122. Discussion ensued regarding potential fraud issues surrounding the bill, and assertions of vagueness covered in Ms. Curry's testimony. Ms. Curry responded to questions regarding the black market associated with birth certificates. Discussion returned to evidence of fraud associated with the ability to change a birth certificate based on gender identity.



17HouseJud0309AttachD.pdf17HouseJud0309AttachD.pdf



03:15 PM --
Jack Teter, representing himself, testified in support of the bill. Mr. Teter discussed issues he has encountered in trying to secure changes to documentation while transitioning. Mr. Teter responded to questions regarding these bureaucratic encounters, and the costs associated with navigating them.



03:24 PM --
Rachel Clark, representing the Colorado Women's Bar Association, testified in support of the bill. Ms. Clark discussed barriers to gender reassignment surgery, and documentation that does not require surgery to change gender identification. She responded to questions raised during earlier testimony, and the legal requirements for changing one's name.























03:38 PM --
Laura MacWaters, representing herself, testified in support of the bill. Ms. MacWaters discussed her attempts to have her birth certificate changed, and noted some specific effects of the bill.



03:42 PM --
Sheri Proctor, representing herself, testified in support of the bill. Ms. Proctor provided clarification about testimony provided earlier.



03:47 PM --
Sara Odendahl, representing the American Academy of Pediatricians, testified on the bill from a neutral position.



03:48 PM --
Victoria Bard, representing herself, testified in support of the bill. Ms. Bard discussed issues associated with changing a birth certificate. Ms. Bard distributed a letter about her child's medical condition (Attachment E).



17HouseJud0309AttachE.pdf17HouseJud0309AttachE.pdf



03:59 PM --
Karen Langsley, representing the LGBT Bar Association, testified in support of HB 17-1122. Ms. Langlsley rebutted previous testimony, and provided clarification. Ms. Langsley responded to questions regarding certain judicial ramifications of the bill.









































































04:14 PM



Representative Esgar provided closing remarks in support of HB 17-1122. Various committee members provided their positions on the legislation.

BILL: HB17-1122
TIME: 04:15:47 PM
MOVED: Salazar
MOTION: Refer House Bill 17-1122 to the Committee of the Whole. The motion passed on a vote of 7-4.
SECONDED: Herod
VOTE
Benavidez
Yes
Carver
No
Foote
Yes
Herod
Yes
Lundeen
No
Melton
Yes
Weissman
Yes
Willett
No
Wist
No
Salazar
Yes
Lee
Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS





04:24 PM



The committee recessed.





04:40 PM -- HB17-1150



The committee returned to order. Representative Navarro, prime sponsor, presented House Bill 17-1150, concerning disallowing a court from granting bail to offenders who have committed certain crimes. The committee heard testimony on the bill at its March 2 meeting. Representative Navarro explained amendment L.007 (Attachment F).



17HouseJud0309AttachF.pdf17HouseJud0309AttachF.pdf





















04:42 PM



The committee recessed.





04:44 PM



The committee returned to order.

BILL: HB17-1150
TIME: 04:42:04 PM
MOVED: Carver
MOTION: Adopt amendment L.007 (Attachment F). The motion passed without objection.
SECONDED: Weissman
VOTE
Benavidez
Carver
Foote
Herod
Lundeen
Melton
Weissman
Willett
Wist
Salazar
Lee
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

















































04:45 PM



Representative Herod explained the effect of amendment L.021 (Attachment G).



17HouseJud0309AttachG.pdf17HouseJud0309AttachG.pdf

BILL: HB17-1150
TIME: 04:46:05 PM
MOVED: Carver
MOTION: Adopt amendment L.021 (Attachment G). The motion passed without objection.
SECONDED: Herod
VOTE
Benavidez
Carver
Foote
Herod
Lundeen
Melton
Weissman
Willett
Wist
Salazar
Lee
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



















































04:48 PM



Representative Navarro explained the effect of amendment L.016 (Attachment H).



17HouseJud0309AttachH.pdf17HouseJud0309AttachH.pdf

BILL: HB17-1150
TIME: 04:48:56 PM
MOVED: Carver
MOTION: Adopt amendment L.016 (Attachment H). The motion passed without objection.
SECONDED: Salazar
VOTE
Benavidez
Carver
Foote
Herod
Lundeen
Melton
Weissman
Willett
Wist
Salazar
Lee
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



















































04:49 PM



Various members discussed the merits of HB 17-1150.

BILL: HB17-1150
TIME: 04:50:07 PM
MOVED: Carver
MOTION: Refer House Bill 17-1150, as amended, to the Committee on Appropriations. The motion passed on a vote of 11-0.
SECONDED: Herod
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





04:52 PM -- HB17-1188



Representative Foote, prime sponsor, presented House Bill 17-1188, concerning concerning bias-motivated harassment. Representative Foote explained the effect of the bill and discussed its need. Committee members received copies of the applicable statute (Attachment I). Discussion ensued regarding the elements of bias-motivated criminal activity, and organizations that support the bill. The following persons testified regarding HB 17-1188:



17HouseJud0309AttachI.pdf17HouseJud0309AttachI.pdf



05:02 PM --
Ms. Joan LaBelle, representing the Association of Colorado Centers of Independent Living, testified in support of the bill. Ms. LaBelle discussed violence and harassment experienced by those with disabilities. Ms. LaBelle responded to questions regarding the law enforcement perspective on bias-motivated activity, and fear of reporting on the part of the disability community.



















05:06 PM --
Ms. Meghan Saleebey, representing the Denver District Attorney's Office, testified in support of the bill. Ms. Saleebey discussed the merits of expanding the scope of bias-motivated crime law.



05:11 PM --
Mr. Scott Turner, representing the Attorney General's Office, testified in support of the bill. Mr. Turner explained how the bill will assist in the prosecution of certain activities. He addressed a question raised during earlier discussion.



05:13 PM --
Ms. Camille Popini-Chapla, representing the Colorado LGBT Bar Association, testified in support of the bill. Ms. Popini-Chapla addressed certain common arguments made against bias-motivated crime laws. Discussion ensued regarding the impact of hate crimes on certain communities.



05:16 PM --
Ms. Karen Axe, representing herself, testified in support of the bill. Ms. Axe discussed harassment experienced by her family, and its impact. Discussion returned to the effect of bias-motivated attacks.





05:22 PM



Representative Foote explained the effect of amendment L.001 (Attachment J).



17HouseJud0309AttachJ.pdf17HouseJud0309AttachJ.pdf

BILL: HB17-1188
TIME: 05:23:47 PM
MOVED: Foote
MOTION: Adopt amendment L.001 (Attachment J). The motion passed without objection.
SECONDED: Salazar
VOTE
Benavidez
Carver
Foote
Herod
Lundeen
Melton
Weissman
Willett
Wist
Salazar
Lee
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





















05:24 PM



Representative Foote provided closing remarks in support of HB 17-1188.

BILL: HB17-1188
TIME: 05:24:29 PM
MOVED: Foote
MOTION: Refer House Bill 17-1188, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED: Weissman
VOTE
Benavidez
Yes
Carver
Yes
Foote
Yes
Herod
Yes
Lundeen
Yes
Melton
Yes
Weissman
Yes
Willett
Yes
Wist
Yes
Salazar
Yes
Lee
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





05:27 PM



The committee adjourned.