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H_JUD_2017A 03/28/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



HOUSE COMMITTEE ON JUDICIARY

Date: 03/28/2017
ATTENDANCE
Time: 11:48 AM to 05:12 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:
HB17-1208

SB17-051

HB17-1204
Amended, Referred to House Finance

Amended, Referred to the Committee of the Whole

Amended, Referred to House Appropriations





11:49 AM -- HB17-1208



The committee was called to order. All members were present. Representative Weissman, prime sponsor, presented House Bill 17-1208, concerning clarifications to the criminal justice records sealing process. Representative Weissman explained the effect of the bill and discussed its need. The following persons testified regarding the bill:



11:52 AM --
Ms. JM Fay, representing herself, testified regarding the bill. Representative Weissman read Ms. Fay's testimony, which explained why the bill is inadequate in making whole the affected population. She also spoke about House Bill 17-1204, and discussed some criminal charges applied that were later dismissed. Ms. Fay's testimony noted some remedies.



11:58 AM --
Mr. Tim Lane, representing the Colorado District Attorneys' Council, and Ms. Maureen Cain, representing the Colorado Criminal Defense Bar, testified in support of the bill. Mr. Lane discussed the clarifying aspects of the bill. Ms. Cain provided further input. Mr. Lane and Ms. Cain spoke in support of amendment L.001 (Attachment A). Ms. Cain responded to a question about a provision in the bill concerning acquittals.



17HouseJud0328AttachA.pdf17HouseJud0328AttachA.pdf



















12:01 PM --
Ms. Lydia Waligorski, representing the Colorado Coalition Against Domestic Violence, testified in support of the bill.





12:02 PM

BILL: HB17-1208
TIME: 12:02:45 PM
MOVED: Weissman
MOTION: Adopt amendment L.001 (Attachment A). 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

























































12:04 PM

BILL: HB17-1208
TIME: 12:04:34 PM
MOVED: Weissman
MOTION: Refer House Bill 17-1208, as amended, to the Committee on Finance. 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





12:06 PM



The committee recessed.





01:34 PM -- SB17-051



The committee returned to order. Representatives Lawrence and Foote, prime sponsors, presented Senate Bill 17-051, concerning the rights of crime victims. Representative Lawrence explained the effect of the bill and discussed its need, while Representative Foote discussed the stakeholder process in creating the legislation and provided further input on the bill's merits. The following persons testified regarding the bill:



01:38 PM --
Ms. Kelly Kissell, representing the Department of Public Safety, testified in support of the bill. Ms. Kissell further discussed the stakeholder process and the effect of the bill. Ms. Kissell responded to questions regarding the commitment of certain individuals determined to be insane for committing crimes, and notification of victims when sentences are commutated. Ms. Kissell responded to further questions regarding how the bill's provisions were aggregated by the department, and collaborations among various state agencies on the bill.





















01:49 PM --
Ms. Nancy Lewis, representing the Colorado Organization for Victim Assistance, testified in support of the bill.



01:50 PM --
Ms. Kaya Anderson, representing herself, testified in support of the bill. Ms. Anderson discussed her predation by a stalker, and explained how this situation gave rise to certain provisions in SB 17-051.



01:56 PM --
Ms. Lydia Waligorski, representing the Colorado Coalition Against Domestic Violence, testified in support of the bill.



01:57 PM --
Ms. Maureen Cain, representing the Colorado Criminal Defense Bar, testified against one section of the bill, and explained her position on this section. Ms. Cain responded to questions regarding certain extraneous situations that might be negatively impacted by the bill, and the relationship between the victim and district attorney in a criminal case.





02:09 PM



Ms. Cain continued to respond to questions regarding her position on a section in SB 17-051.



02:18 PM --
Mr. Tim Johnson, representing himself and the Colorado District Attorneys' Council, testified in support of the bill. He further discussed the situation of Ms. Kaya Anderson, and the need for certain provisions in the legislation. Mr. Johnson explained the need for the provision in the bill opposed by Ms. Cain. Mr. Johnson responded to questions regarding the potential for a victim to oppose sequestration.



02:30 PM --
Ms. Emily Tofte Nestaval, representing the Rocky Mountain Victim Law Center, testified in support of the bill. Ms. Tofte Nestaval addressed the issue of sequestration, as covered by the legislation. Discussion ensued on the issue.



02:37 PM --
Mr. Scott Turner, representing the Attorney General's Office, testified in support of SB 17-051. Mr. Turner discussed the genesis of the legislation.



02:38 PM --
Mr. Scott Dauffenbach, representing the Department of Corrections, testified on the bill from a technical perspective. He provided background on the Interstate Corrections Compact, and responded to questions regarding the review process associated with the compact.



02:44 PM --
Ms. Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill.





































02:45 PM



Representative Foote explained the effect of amendments L.005 (Attachment B), L.006 (Attachment C), and L.007 (Attachment D).



17HouseJud0328AttachB.pdf17HouseJud0328AttachB.pdf 17HouseJud0328AttachC.pdf17HouseJud0328AttachC.pdf



17HouseJud0328AttachD.pdf17HouseJud0328AttachD.pdf

BILL: SB17-051
TIME: 02:47:31 PM
MOVED: Foote
MOTION: Adopt amendment L.005 (Attachment B). 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




































BILL: SB17-051
TIME: 02:48:08 PM
MOVED: Foote
MOTION: Adopt amendment L.006 (Attachment C). 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


BILL: SB17-051
TIME: 02:48:46 PM
MOVED: Foote
MOTION: Adopt amendment L.007 (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

















02:50 PM



Representatives Foote and Lawrence provided closing remarks in support of SB 17-051. Various committee members provided input on the legislation.

BILL: SB17-051
TIME: 02:51:08 PM
MOVED: Foote
MOTION: Refer Senate Bill 17-051, 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





02:53 PM



The committee recessed.





03:00 PM -- HB17-1204



The committee returned to order. Representative Lee, prime sponsor, presented House Bill 17-1204, concerning juvenile delinquency record expungement. Representative Lee explained the effect of the bill and discussed its need. He also discussed the effect of some forthcoming amendments. Discussion ensued regarding the position of certain entities on the bill and forthcoming amendments.





























03:15 PM



Representative Lee responded to questions regarding a provision in the bill addressing firearms purchases by those who were adjudicated juvenile delinquent with an expunged record. The following persons testified regarding HB 17-1204:



03:17 PM --
Ms. Elizabeth Logemann, representing the Colorado Juvenile Defender Center, testified in support of the bill. Ms. Logemann responded to questions regarding the impact of a juvenile having a criminal record, and the process of having such records expunged. She also provided background on existing law on criminal record expungement for juveniles.



03:22 PM --
Mr. Greg Romberg, representing the Colorado Press Association and Colorado Broadcasters Association, testified on the bill from a neutral perspective, while expressing concerns about a specific provision.



03:25 PM --
Mr. Arnold Hanuman and Mr. Tariq Sheikh, representing the Colorado District Attorneys' Council and Adams County respectively, testified in support of the bill. Mr. Hanuman discussed the complexity of the bill. Mr. Sheikh discussed the burdens associated with the juvenile record expungement process, and the process by which the bill was drafted. Mr. Hanuman expressed support for some forthcoming amendments. Mr. Sheikh responded to questions regarding the time frame for seeking criminal record expungement under the bill.





03:35 PM



Discussion ensued regarding the source of certain forthcoming amendments, and the positions of the witnesses on these amendments.



03:43 PM --
Mr. Pat Vance, representing himself, testified in support of the bill. Mr. Vance discussed his work on a case as a defense attorney in trying to get a client's record expunged. He read a statement from the client.



03:48 PM --
Mr. Adam Graber, representing the Colorado Juvenile Defender Center, testified on the bill from the neutral perspective. Mr. Graber discussed his work with a client who had his juvenile criminal record expunged. He read a statement from the client. Mr. Graber responded to questions regarding the review process for juvenile criminal records.



03:52 PM --
Ms. Jennifer Mullenbach, representing Jefferson County, testified in support of amendment L.025 (Attachment P). Ms. Mullenbach reiterated the effect of the amendment. Ms. Mullenbach responded to questions regarding the process observed by county agencies in expunging juvenile criminal records, and provided an example of the utility of the county being able to access juvenile records. Discussion ensued regarding county social service agencies accessing juvenile criminal records.





























04:01 PM --
Ms. Stacie Colling, representing the Office of Alternate Defense Counsel, testified in support of the bill. Ms. Colling explained that services provided by her office to juveniles end when a case is over, and thus clients do not receive help with records expungement issues after the case is closed.



04:05 PM --
Ms. Carla Bennett, representing the League of Women Voters, testified in support of HB 17-1204. Ms. Bennett discussed the barriers created by criminal records, and related her experiences of having children involved in the juvenile justice system.



04:08 PM --
Ms. Meghan Dollar, representing the Colorado Municipal League, testified in support of the bill. Ms. Dollar discussed the fiscal impact of the bill at the local level.



04:10 PM --
Ms. Kerry Frailey, representing herself, testified in support of the bill. Ms. Frailey discussed her attempts to have her child's records expunged.



04:13 PM --
Ms. Linda Weinerman and Ms. Dorothy Macias, representing the Office of the Child's Representative, testified in support of the bill.



04:17 PM --
Ms. Carrie Thompson, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Thompson responded to questions raised during earlier testimony. Ms. Logemann returned to provide clarification on certain questions.





04:32 PM



Ms. Thompson continued to address questions previously raised by the committee.































































04:34 PM



Representative Lee and Ms. Thompson explained the effect of a number of amendments to HB 17-1204.

BILL: HB17-1204
TIME: 04:36:09 PM
MOVED: Lee
MOTION: Adopt amendment L.002 (Attachment E). The motion passed without objection.

17HouseJud0328AttachE.pdf17HouseJud0328AttachE.pdf
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


BILL: HB17-1204
TIME: 04:38:03 PM
MOVED: Lee
MOTION: Adopt amendment L.003 (Attachment F). The motion passed without objection.

17HouseJud0328AttachF.pdf17HouseJud0328AttachF.pdf
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






















































BILL: HB17-1204
TIME: 04:38:38 PM
MOVED: Lee
MOTION: Adopt amendment L.004 (Attachment G). The motion passed without objection.

17HouseJud0328AttachG.pdf17HouseJud0328AttachG.pdf
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
























































BILL: HB17-1204
TIME: 04:42:19 PM
MOVED: Lee
MOTION: Adopt amendment L.005 (Attachment H). The motion passed without objection.

17HouseJud0328AttachH.pdf17HouseJud0328AttachH.pdf
SECONDED: Melton
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
























































BILL: HB17-1204
TIME: 04:43:18 PM
MOVED: Lee
MOTION: Adopt amendment L.007 (Attachment I). The motion passed without objection.

17HouseJud0328AttachI.pdf17HouseJud0328AttachI.pdf
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


























































BILL: HB17-1204
TIME: 04:45:56 PM
MOVED: Lee
MOTION: Adopt amendment L.008 (Attachment J). The motion passed without objection.

17HouseJud0328AttachJ.pdf17HouseJud0328AttachJ.pdf
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
























































BILL: HB17-1204
TIME: 04:46:51 PM
MOVED: Lee
MOTION: Adopt amendment L.009 (Attachment K). The motion passed without objection.

17HouseJud0328AttachK.pdf17HouseJud0328AttachK.pdf
SECONDED: Melton
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






















































BILL: HB17-1204
TIME: 04:47:32 PM
MOVED: Lee
MOTION: Adopt amendment L.010 (Attachment L). The motion passed without objection.

17HouseJud0328AttachL.pdf17HouseJud0328AttachL.pdf
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


























































BILL: HB17-1204
TIME: 04:48:48 PM
MOVED: Lee
MOTION: Adopt amendment L.011 (Attachment M). The motion passed without objection.

17HouseJud0328AttachM.pdf17HouseJud0328AttachM.pdf
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
























































BILL: HB17-1204
TIME: 04:49:37 PM
MOVED: Lee
MOTION: Adopt amendment L.016 (Attachment N). The motion passed without objection.

17HouseJud0328AttachN.pdf17HouseJud0328AttachN.pdf
SECONDED: Melton
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
























































BILL: HB17-1204
TIME: 04:50:27 PM
MOVED: Lee
MOTION: Adopt amendment L.019 (Attachment O). The motion passed without objection.

17HouseJud0328AttachO.pdf17HouseJud0328AttachO.pdf
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






















































BILL: HB17-1204
TIME: 04:52:52 PM
MOVED: Lee
MOTION: Adopt amendment L.025 (Attachment P). The motion was withdrawn.

17HouseJud0328AttachP.pdf17HouseJud0328AttachP.pdf
SECONDED: Herod
VOTE
Benavidez
Carver
Foote
Herod
Lundeen
Melton
Weissman
Willett
Wist
Salazar
Lee
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:





05:01 PM



The committee recessed.























































05:05 PM



The committee returned to order.

BILL: HB17-1204
TIME: 05:01:12 PM
MOVED: Willett
MOTION: Adopt amendment L.022 (Attachment Q). The motion passed without objection.

17HouseJud0328AttachQ.pdf17HouseJud0328AttachQ.pdf
SECONDED: Lundeen
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





















































05:06 PM



Representative Lee provided closing remarks in support of HB 17-1204. Various committee members provided input on the bill.

BILL: HB17-1204
TIME: 05:06:47 PM
MOVED: Lee
MOTION: Refer House Bill 17-1204, 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





05:12 PM



The committee adjourned.