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H_JUD_2017A 03/14/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



HOUSE COMMITTEE ON JUDICIARY

Date: 03/14/2017
ATTENDANCE
Time: 10:21 AM to 03:03 PM
Benavidez
X
Carver
X
Place: HCR 0112
Foote
*
Herod
X
This Meeting was called to order by
Lundeen
X
Representative Lee
Melton
*
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:
HB17-1215

SB17-125

HB17-1168

SB17-048

SB17-154
Amended, Referred to the Committee of the Whole

Referred to the Committee of the Whole

Postponed Indefinitely

Referred to the Committee of the Whole

Amended, Referred to the Committee of the Whole





10:22 AM -- HB17-1215



Representative Coleman, prime sponsor, presented House Bill 17-1215, concerning mental health support for peace officers. Committee members received a fact sheet supporting the bill (Attachment A). Representative Coleman explained the effect of the bill and discussed its need. Representative Coleman noted some entities that support the legislation, and responded to questions regarding the grant program created by the bill. The following persons testified regarding HB 17-1215:



17HouseJud0314AttachA.pdf17HouseJud0314AttachA.pdf



10:27 AM --
Mr. Ron Sloan, representing the Colorado Association of Chiefs of Police, Mr. Sean Harper, representing the Fraternal Order of Police, and Ms. Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill. Ms. Ackerman discussed the position of her organization on the bill. Mr. Sloan explained how the bill will assist law enforcement personnel in performing and coping with their duties. Mr. Sloan and Ms. Ackerman responded to questions regarding how law enforcement jurisdictions, particularly rural ones, might utilize the resources provided under the bill to address mental health issues arising from the jurisdictions detaining the mentally ill. Mr. Harper discussed the benefits of providing counseling services to law enforcement personnel. Discussion ensued regarding the scope of services provided at a crime scene under the bill, and local programs that address mental health issues with the citizenry.

















10:42 AM



Discussion continued regarding how mental health services are provided to the citizenry through certain local programs.



10:43 AM --
Mr. Bruce Eisenhauer, representing the Department of Local Affairs, and Mr. Tony Lombard, representing the Colorado District Attorneys' Council and the Denver Police Protective Association, testified on the bill. Mr. Lombard explained that mental health aspects of law enforcement are not often addressed, and provided support for the bill. Mr. Eisenhauer made himself available for questions, responding to questions regarding the goals and potential costs of the legislation. Mr. Eisenhauer responded to further questions regarding administrative costs to conduct the programming created by the bill.





10:51 AM



Representative Weissman explained the effect of amendment L.001 (Attachment B). Mr. Richard Sweetman, Office of Legislative Legal Services, provided clarification regarding the amendment. Discussion ensued regarding the merits of the amendment.



17HouseJud0314AttachB.pdf17HouseJud0314AttachB.pdf

BILL: HB17-1215
TIME: 10:55:11 AM
MOVED: Weissman
MOTION: Adopt amendment L.001 (Attachment B). The motion passed on a vote of 9-2.
SECONDED: Lundeen
VOTE
Benavidez
Yes
Carver
Yes
Foote
Yes
Herod
No
Lundeen
Yes
Melton
No
Weissman
Yes
Willett
Yes
Wist
Yes
Salazar
Yes
Lee
Yes
YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS























10:58 AM



Discussion ensued regarding the merits of HB 17-1215.

BILL: HB17-1215
TIME: 11:00:12 AM
MOVED: Herod
MOTION: Refer House Bill 17-1215, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED: Salazar
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





11:07 AM



The committee recessed.





01:36 PM -- SB17-125



The committee returned to order. Representative Pabon, prime sponsor, presented Senate Bill 17-125, concerning allowing certain persons who have been exonerated of crimes to receive in lump-sum payments compensation that is owed to them by the state. Representative Pabon provided background on the creation of the legislation, and explained the effect of the bill. Representative Pabon responded to questions regarding the conditions surrounding the lump-sum that would be paid to the qualifying individual under the bill, and what constitutes special legislation. The following persons testified regarding SB 17-125:

























01:43 PM --
Mr. David Blake, representing the Attorney General's Office, testified in support of the bill. Mr. Blake explained how the qualifying individual was discovered to be wrongfully convicted, and discussed some obstacles facing the individual in his attempts to conduct normal financial affairs. Discussion returned to the conditions surrounding receiving a lump-sum payment under the bill, and the process by which the qualifying individual's innocence was identified.





01:54 PM



Mr. Blake responded to questions regarding the potential for the benefits accruing under the bill to be received by the family of the exonerated person, and how the lump sum to be granted under the bill is determined.



01:59 PM --
Mr. and Mrs. Robert Dewey, representing themselves, testified in support of the bill. Mr. Dewey explained some difficulties he has faced since his exoneration. Mr. and Mrs. Dewey provided background on their situation.





02:09 PM



Discussion continued regarding the Deweys' circumstances. Discussion followed regarding assistance programs established for parolees by the Department of Corrections.







































































02:14 PM



No amendments were offered to SB 17-125. Representative Pabon provided closing remarks in support of the bill.

BILL: SB17-125
TIME: 02:15:26 PM
MOVED: Salazar
MOTION: Refer Senate Bill 17-125 to the Committee of the Whole. The motion passed on a vote of 10-0.
SECONDED: Weissman
VOTE
Benavidez
Yes
Carver
Yes
Foote
Yes
Herod
Yes
Lundeen
Yes
Melton
Excused
Weissman
Yes
Willett
Yes
Wist
Yes
Salazar
Yes
Lee
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS























































02:18 PM -- HB17-1168



Representative Lee, co-prime sponsor, presented House Bill 17-1168, concerning criminal court procedures for defendants who have served in the armed forces. Representative Lee requested that the bill be postponed indefinitely.

BILL: HB17-1168
TIME: 02:20:04 PM
MOVED: Lee
MOTION: Postpone House Bill 17-1168 indefinitely. The motion passed on a vote of 10-0.
SECONDED: Herod
VOTE
Benavidez
Yes
Carver
Yes
Foote
Yes
Herod
Yes
Lundeen
Yes
Melton
Excused
Weissman
Yes
Willett
Yes
Wist
Yes
Salazar
Yes
Lee
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS





02:22 PM -- SB17-048



Representative Willett, prime sponsor, presented Senate Bill 17-048, concerning requiring an officer to arrest an offender who escapes from an intensive supervision program in the Department of Corrections. Representative Willett explained the effect of the bill and discussed its need. Committee members received a fact sheet supporting the bill, prepared by the Colorado District Attorneys' Council (Attachment C). Discussion ensued regarding the definition of "peace officer" under the bill. The following persons testified regarding Senate Bill 17-048:



17HouseJud0314AttachC.pdf17HouseJud0314AttachC.pdf



02:28 PM --
Ms. Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill.



















02:29 PM --
Mr. Arnold Hanuman, representing the Colorado District Attorneys' Council, testified in support of the bill. Mr. Hanuman discussed the genesis of the legislation. Mr. Hanuman responded to questions regarding the obligation of all peace officers to enforce the bill's provisions.



02:35 PM --
Ms. Melissa Roberts, representing the Department of Corrections, made herself available to respond to questions. Ms. Roberts addressed questions regarding how peace officers determine if a parole monitoring device has been tampered with by someone participating in an intensive supervision program, and the types of law enforcement that seek warrants under the bill. Discussion ensued regarding the latter issue. Discussion followed regarding the types of escapes covered by the bill.



02:48 PM --
Ms. Sophie San Miguel, representing herself, testified in support of the bill. Ms. San Miguel discussed certain terminology in the legislation.





02:51 PM



No amendments were offered to SB 17-048.

BILL: SB17-048
TIME: 02:52:35 PM
MOVED: Willett
MOTION: Refer Senate Bill 17-048 to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED: Carver
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































02:53 PM -- SB17-154



Representative Wist, prime sponsor, presented Senate Bill 17-154, concerning the "Uniform Unsworn Declarations Act". Representative Wist provided background on the bill and its purpose, and explained why he was seeking to remove an amendment placed on the bill in the Senate. Mr. Tom Morris, Office of Legislative Legal Services, clarified the effect of amendment L.003 (Attachment D).



17HouseJud0314AttachD.pdf17HouseJud0314AttachD.pdf



03:01 PM

BILL: SB17-154
TIME: 03:01:38 PM
MOVED: Wist
MOTION: Adopt amendment L.003 (Attachment D). 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











































03:02 PM

BILL: SB17-154
TIME: 03:02:09 PM
MOVED: Wist
MOTION: Refer Senate Bill 17-154, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED: Carver
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





03:03 PM



The committee adjourned.