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H_JUD_2017A 04/13/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



HOUSE COMMITTEE ON JUDICIARY

Date: 04/13/2017
ATTENDANCE
Time: 02:19 PM to 07:36 PM
Benavidez
*
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
Juliann Jenson
Wist
*
Salazar
X
Lee
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB17-1316

HB17-1288

HB17-1132

SB17-096

HB17-1305
Amended, Referred to the Committee of the Whole

Amended, Referred to the Committee of the Whole

Referred to the Committee of the Whole

Referred to House Appropriations

Amended, Referred to House Appropriations





02:21 PM -- HB17-1316



Represenative Lontine, sponsor, explained HB17-1316. The bill requires, as of May 1, 2017, that municipal courts appoint counsel in certain situations and municipal judges inform a defendant, at first appearance, of his or her rights related to self-incrimination, counsel, trial by jury, pleas, bail, and the charges against him or her. This applies to prosecutions of municipal charter and ordinance violations. There are approximately 175 municipal courts across the state which meet anywhere from daily to once a month, depending on the caseload of the municipality. Representative Lontine explained that some municipalities are not ready to implement HB16-1309 and request additional time to assess associated workloads and costs.



Representative Lontine presented Amendmnt L.001(Attachment A), which amends an effective date.



17HouseJud0413AttachA.pdf17HouseJud0413AttachA.pdf



02:23 PM --
Meghan Dollar, representing the Colorado Municipal League, testified in support of the bill. She discussed the need to gather more data about the number of cases and how HB16-1309 will impact municipalities.


















BILL: HB17-1316
TIME: 02:31:41 PM
MOVED: Salazar
MOTION: Adopt amendment L.001 (Attachment A). The motion passed without objection.
SECONDED: Wist
VOTE
Benavidez
Excused
Carver
Foote
Herod
Lundeen
Melton
Weissman
Willett
Wist
Excused
Salazar
Lee
YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: HB17-1316
TIME: 02:33:16 PM
MOVED: Salazar
MOTION: Refer House Bill 17-1316, as amended, to the Committee of the Whole. The motion passed on a vote of 10-0, with 1 excused.
SECONDED: Herod
VOTE
Benavidez
Excused
Carver
Yes
Foote
Yes
Herod
Yes
Lundeen
Yes
Melton
Yes
Weissman
Yes
Willett
Yes
Wist
Yes
Salazar
Yes
Lee
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

















02:40 PM -- HB17-1288



Representatives Saine and Foote, co-prime sponsors, explained HB17-1288 concerning penalties for felony DUI offenders. The bill requires the court to to choose certain sentencing options if an individual is charged with a fourth or subsequent DUI. The bill also outlines the conditions of probation if a court imposes that sentence instead. The sponsors discussed that this bill should only impact about 8% of individuals in the criminal justice system, but a better and more just sentencing scheme is needed for this population.



The bill sponsors presented a fact sheet regarding DUI penalties (Attachment B) and Amendment L.002 (Attachment C).



17HouseJud0413AttachB.pdf17HouseJud0413AttachB.pdf 17HouseJud0413AttachC.pdf17HouseJud0413AttachC.pdf



02:43 PM --
Peg Ackerman, representing the County Sheriffs of Colorado, spoke in opposition to the bill. She discussed over-crowding in county jails and reiterated that this bill would further backlog jails with individuals who should be serving sentences in state prisons.



02:45 PM --
Fran Lancer, representing Mothers Against Drunk Driving-Colorado, spoke in support of the bill. He stressed that county jails and problem-solving courts provide treatment options for individual charged with multiple DUIs.



02:47 PM --
Bruce Brown, representing Colorado's Fifth Judicial District, testified in support of the measure. He relayed the need for more consistent sentences in multiple DUI cases and answered questions about mandatory minimums.




















































BILL: HB17-1288
TIME: 02:56:44 PM
MOVED: Foote
MOTION: Adopt amendment L.002 (Attachment C). The motion passed without objection.
SECONDED: Wist
VOTE
Benavidez
Excused
Carver
Foote
Herod
Lundeen
Melton
Weissman
Willett
Wist
Excused
Salazar
Lee
YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION:


BILL: HB17-1288
TIME: 02:57:07 PM
MOVED: Foote
MOTION: Refer House Bill 17-1288, as amended, to the Committee of the Whole. The motion passed on a vote of 10-0, with 1 excused.
SECONDED: Willett
VOTE
Benavidez
Excused
Carver
Yes
Foote
Yes
Herod
Yes
Lundeen
Yes
Melton
Yes
Weissman
Yes
Willett
Yes
Wist
Yes
Salazar
Yes
Lee
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

















03:02 PM -- HB17-1132



Representative Lundeen, sponsor, reminded the committee that HB17-1132 concerning judicial disqualifications in civil actions was first heard in the House Judiciary Committee on March 16, 2017, and was laid over for future consideration. He provided a brief recap of testimony from that committee hearing and distributed Amendment L.009 (Attachment D). Discussion ensued about the amendment, subsequent testimony, and rules of order.



17HouseJud0413AttachD.pdf17HouseJud0413AttachD.pdf



The chair advised the committee that the amendment would not be considered by the House Judiciary Committee at this time. However, Representative Lundeen does have the option of presenting the amendment at second reading on the House floor if the bill passes out of committee.

BILL: HB17-1132
TIME: 03:14:48 PM
MOVED: Lundeen
MOTION: Refer House Bill 17-1132 to the Committee of the Whole. The motion passed on a vote of 7-4.
SECONDED: Willett
VOTE
Benavidez
No
Carver
Yes
Foote
Yes
Herod
No
Lundeen
Yes
Melton
No
Weissman
Yes
Willett
Yes
Wist
Yes
Salazar
No
Lee
Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

































03:35 PM -- SB17-096



Representative Lundeen, sponsor, explained SB17-096, concerning the reserve peace officer academy grant program. This bill creates the reserve academy grant program in the Division of Homeland Security in the Department of Public Safety (DPS). The program provides a one-time grant to create a reserve peace officer training academy and to train and certify a reserve peace officer auxiliary group. Guidelines for the grant application and the awarding of grants are provided in the bill. Grant funding is from gifts, grants, and donations and appropriations from the General Assembly. A grant award is to be made on or before December 1, 2017. The grant program is repealed July 1, 2019.



03:38 PM --
Stan Hilkey, representing DPS, spoke in support of the bill. He answered questions from the committee and stressed the need for a reserve force that is available statewide for use in mutual aid situations.



03:43 PM --
Kevin Klein, representing DPS, testified in support of the measure. He answered questions from the committee regarding the involved training.



03:44 PM --
Colonel Ron Abramson, representing the Colorado Mountain Rangers, spoke in support of the bill. He answered questions about the grant and Peace Officer Standards and Training (POST) training standards.



03:52 PM -- Terrance Carroll, representing himself and as a member of the Colorado Mountain Rangers, spoke in support of the bill. He answered questions from the committee regarding fiscal, training, and diversity concerns.



04:09 PM --
Paul Carrill, representing the Nederland Police Department, testified in support of the measure. He said that the town of Nederland uses the Colorado Mountain Rangers to help with special events, such as Frozen Dead Guy Days. He answered questions from the committee.



04:16 PM --
Jake Shirk, representing the Monument Police Department, spoke in support of the bill. He reported to have a positive working relationship with the Colorado Mountain Rangers and has enlisted their services at the 4th of July parade.



04:20 PM -- Murphy Robinson, representing the city of Englewood, testified in support of the bill. He reported to the committee that police need supplemental help at big events in the city.



04:27 PM --
Chris Malanka, representing the Idaho Springs Police Department, spoke in favor of the bill. He reported that the Colorado Mountain Rangers help out at large events in small towns. He said the Rangers also assist with firefighting and other catastrophic incidents. He answered questions from the committee regarding diversity and stated there is a large population of female rangers.



04:35 PM -- Representative Lundeen gave closing remarks.

BILL: SB17-096
TIME: 04:42:00 PM
MOVED: Lundeen
MOTION: Refer Senate Bill 17-096 to the Committee on Appropriations. 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





04:45 PM -- HB17-1305



Representatives Foote and Melton, co-sponsors, explained HB17-1305 regarding limits on job applicant criminal history inquiries. This bill prohibits an employer from stating in a job posting or on any form of application that a person with a criminal history may not apply or from inquiring into or requiring disclosure of an applicant's criminal history on an initial application. These rules do not apply if an employer is advertising a position that federal, state, or local law prohibits individuals with specific criminal convictions from holding. The bill also exempts any employer hiring as part of a program to encourage the employment of people with criminal histories. An employer may obtain a criminal background report during any stage of the hiring process. Individuals may file complaints alleging a violation of these rules with the Colorado Department of Labor and Employment (CDLE). CDLE must investigate any complaint received within six months of the alleged violation, unless the department deems the complaint to be without merit. An employer who violates the law is subject to specified penalties.





































The sponsors emphasized that this bill only addresses the box on the initial application and does not preclude a criminal background check at a later time. The bill is designed to eliminate obstacles to finding gainful employment for ex-offenders. They reported that Colorado state government job applications have eliminated the box and have encountered no legal issues. They answered questions from the committee about other states, employment law, and small businesses. They distributed a fact sheet from the Colorado Center on Law & Policy (Attachment E) and Amendment L.001 (Attachment F).



17HouseJud0413AttachE.pdf17HouseJud0413AttachE.pdf 17HouseJud0413AttachF.pdf17HouseJud0413AttachF.pdf



05:11 PM -- Jane Northrup, representing herself as a small business owner, spoke in opposition to the measure. She explained that she owns a staffing company specializing in employing probationers and parolees. She stated that employers have a right to develop their own hiring practices. She relayed that spotty employment histories are a problem with this population as well.



05:22 PM -- Loren Furman, representing the Colorado Association of Commerce & Industry, spoke in opposition to the bill. She answered questions from the committee regarding business hiring practices.



05:25 PM --
Nicholas Colglazer, representing the Colorado Competitive Council, spoke in opposition to the measures. He claimed that the bill was too burdensome and costly for businesses to successfully implement.



05:29 PM --
Bob Golden, representing the South Metro Denver Chamber of Commerce, spoke in opposition to the bill. He relayed that the bill poses safety and liability risks.



05:29 PM -- Tony Gagliardi, representing the National Federation of Independent Business, testified in opposition to the bill. He reported the bill to be unfriendly to business and answered questions from the committee.



05:47 PM -- Jack Regenbogen, representing the Colorado Center on Law & Policy, testified in support of the bill. He discussed online applications, employer liability and other state experiences with banning the box. He answered questions from the committee and emphasized that the bill is business friendly. He distributed a letter of support from the Colorado Catholic Conference (Attachment G).



17HouseJud0413AttachG.pdf17HouseJud0413AttachG.pdf



06:12 PM -- Lydia Walagorski, representing the Colorado Coalition Against Domestic Violence, spoke in support of the bill. She emphasized the need to eliminate barriers to employment.



06:14 PM -- Laura Ware, representing Denver's Road to Work and Bayaud Enterprises, testified in support of the measure. She stressed the importance of looking beyond an applicant's criminal history.



06:20 PM --
Nathan Hunt, representing the Interfaith Alliance of Colorado, spoke in support of the bill.



















06:23 PM -- Shelby Andrews, representing Denver Urban Matters, testified in favor of the bill.



06:26 PM -- Rev. Tammy Garrett Williams, representing the Greater Metro Denver Ministerial Alliance, spoke in support of the bill. She shared her own experience looking for work as a parolee and emphasized face-to-face opportunities to explain.



06:30 PM -- Jennifer Bundy, representing herself, spoke in support of the measure. She relayed her own experiences trying to find gainful employment as a parolee and answered questions from the committee about online job applications and in-person interviews.



06:46 PM -- Peter Dybing, representing Colorado Coalition for the Homeless, spoke in support of the bill. He relayed his personal story about finding work after spending time in prison and emphasized that people can change their lives with the right opportunities. He reported that he knows of no lawsuits in other states that have banned the box. He answered questions from the committee.



07:02 PM --
Carol Peeples, representing Remerge, spoke in support of the bill. She distributed a pamphlet about Remerge (Attachment H) and a fact sheet from the Sentencing Project (Attachment I).



17HouseJud0413AttachH.pdf17HouseJud0413AttachH.pdf 17HouseJud0413AttachI.pdf17HouseJud0413AttachI.pdf



07:07 PM --
Alexiendia Abrams, representing herself, spoke in favor of the bill.

BILL: HB17-1305
TIME: 07:10:51 PM
MOVED: Foote
MOTION: Adopt amendment L.001 (Attachment F). The motion passed without objection.
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



















07:11 PM



Representative Foote and Melton made closing remarks. Committee members discussed their reasons for supporting or opposing the bill.

BILL: HB17-1305
TIME: 07:34:52 PM
MOVED: Melton
MOTION: Refer House Bill 17-1305, as amended, to the Committee on Appropriations. The motion passed on a vote of 7-3, with 1 excused.
SECONDED: Foote
VOTE
Benavidez
Yes
Carver
No
Foote
Yes
Herod
Yes
Lundeen
No
Melton
Yes
Weissman
Yes
Willett
Excused
Wist
No
Salazar
Yes
Lee
Yes
Final YES: 7 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS





07:36 PM



The committee adjourned.


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