Skip to main content
Colorado General AssemblyToggle Main Menu
Agency NameToggle Agency Menu

H_JUD_2017A 04/25/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



HOUSE COMMITTEE ON JUDICIARY

Date: 04/25/2017
ATTENDANCE
Time: 01:40 PM to 06:55 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:
HB17-1277

HB17-1333

HB17-1095

HB17-1338

HB17-1313
Amended, Referred to House Finance

Postponed Indefinitely

Amended, Referred to the Committee of the Whole

Amended, Referred to the Committee of the Whole

Amended, Referred to House Appropriations





01:41 PM -- HB17-1277



The committee was called to order. A quorum was present. Representative Mitsch Bush, prime sponsor, presented House Bill 17-1277, concerning the authority of the Department of Revenue to suspend the license of a driver who leaves the scene of an accident involving serious bodily injury. Representative Mitsch Bush explained the effect of the bill and discussed its need. She also explained the effect of amendment L.001 (Attachment A). The following persons testified regarding HB 17-1277:



17HouseJud0425AttachA.pdf17HouseJud0425AttachA.pdf



01:46 PM --
Sergeant Dave Hall, representing the Colorado State Patrol, testified in support of the bill. Sergeant Hall responded to questions regarding the intent of the legislation, and addressed the issue of data collection by law enforcement on hit-and-run accidents. Sergeant Hall responded to questions regarding the timing of the driver's license revocation under the bill, and the effect of amendment L.001. Discussion ensued regarding due process issues associated with enforcing the bill's provisions.

























01:58 PM



Discussion ensued regarding how a driver's license could be revoked and suspended at the same time, and the levels of law enforcement affected by the bill. Discussion returned to due process issues.



02:04 PM --
Mr. Ted Trujillo, representing the Department of Revenue, testified on the bill. Mr. Trujillo responded to questions regarding appropriate restrictions for probationary licenses under HB 17-1277, and the officers in charge of issuing probationary licenses. Mr. Trujillo responded to questions regarding the caseload handled by these officers, and addressed certain due process issues discussed earlier.



02:13 PM --
Ms. Wave Dreher, representing AAA Colorado, testified in support of the bill. Ms. Dreher discussed the impact of hit-and-run accidents.



02:15 PM --
Mr. Ted Heyd, representing Bicycle Colorado, testified in support of the bill. Mr. Heyd discussed the scope of hit-and-run accidents involving bicyclists. Mr. Heyd responded to questions regarding such accidents involving bicyclists where the motorists are unaware that they have struck a bicyclist.





02:19 PM

BILL: HB17-1277
TIME: 02:19:43 PM
MOVED: Salazar
MOTION: Adopt amendment L.001 (Attachment A). The motion passed on a vote of 7-3.
SECONDED: Melton
VOTE
Benavidez
Yes
Carver
No
Foote
Yes
Herod
Yes
Lundeen
No
Melton
Yes
Weissman
Yes
Willett
Excused
Wist
No
Salazar
Yes
Lee
Yes
YES: 7 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS





02:20 PM



The committee recessed.



















02:24 PM



The committee returned to order.





02:29 PM



Representative Weissman explained the effect of amendment L.003 (Attachment B). Discussion ensued regarding potential inconsistencies for notice under the bill should amendment L.003 pass. Mr. Trujillo returned to provide input on the issue.



17HouseJud0425AttachB.pdf17HouseJud0425AttachB.pdf

BILL: HB17-1277
TIME: 02:29:43 PM
MOVED: Weissman
MOTION: Adopt amendment L.003 (Attachment B). The motion was withdrawn.
SECONDED: Salazar
VOTE
Benavidez
Carver
Foote
Herod
Lundeen
Melton
Weissman
Willett
Wist
Salazar
Lee
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:







































02:32 PM

BILL: HB17-1277
TIME: 02:32:35 PM
MOVED: Salazar
MOTION: Refer House Bill 17-1277, as amended, to the Committee on Finance. The motion passed on a vote of 11-0.
SECONDED: Wist
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



























































02:38 PM -- HB17-1333



Representative Melton, prime sponsor, presented House Bill 17-1333, concerning the sealing of records relating to marijuana-related offenses that are no longer illegal. Representative Melton explained the effect of the bill, and his request for the bill to be postponed indefinitely.

BILL: HB17-1333
TIME: 02:39:37 PM
MOVED: Melton
MOTION: Postpone House Bill 17-1333 indefinitely. The motion passed on a vote of 10-1.
SECONDED: Salazar
VOTE
Benavidez
Yes
Carver
Yes
Foote
Yes
Herod
No
Lundeen
Yes
Melton
Yes
Weissman
Yes
Willett
Yes
Wist
Yes
Salazar
Yes
Lee
Yes
Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS





02:40 PM -- HB17-1095



Representative Melton, prime sponsor, presented House Bill 17-1095, concerning the service of process to individuals who live in secure residential communities. Representative Melton explained the effect of the bill and discussed its need. Representative Melton also explained the effect of amendment L.005 (Attachment C). Representative Melton responded to questions regarding the burdens placed on common-interest communities by the bill, and what constitutes a "reasonable period of time" and "credentials" under amendment L.005. The following persons testified regarding HB 17-1095:



17HouseJud0425AttachC.pdf17HouseJud0425AttachC.pdf



























02:49 PM --
Mr. Steven Glenn, representing the Process Servers Association of Colorado, testified in support of the bill. Mr. Glenn discussed the importance of service of process to the justice system, and difficulties experienced in serving process in certain areas. Mr. Glenn responded to questions regarding the types of communities that are the subject of HB 17-1095, and laws similar to the bill in other states. Mr. Glenn responded to questions regarding the number of licensed private investigators in Colorado, and the scope of the bill.





03:00 PM



Mr. Glenn responded to questions regarding how substitute process is served under current law to satisfy service, as addressed by HB 17-1095. Discussion ensued regarding the scope of the bill, and recovery of costs under a substitute process service arrangement. Mr. Glenn responded to questions regarding the costs for hiring a private process server, and communities covered by the bill that currently allow service of process to residents. Discussion returned to the effect of the legislation.





03:16 PM



Mr. Glenn responded to questions regarding the factors that contribute to expensive service of process, and the potential impact of the bill on process service fees.



03:18 PM --
Mr. Ryan Johnston, representing the Professional Private Investigators Association of Colorado, testified in support of HB 17-1095. Mr. Johnston addressed questions about the impact of the bill on process service cost, and the types of activities that contribute to rising service of process costs.



03:24 PM --
Mr. Stuart Jorgensen, representing the Colorado Defense Lawyers Association, testified in opposition to the bill. Mr. Jorgensen discussed some potential constitutional challenges to the bill. Mr. Jorgensen responded to questions regarding a comparison of process service under current law and process service under HB 17-1095.



03:38 PM --
Mr. Jeff Kutzer, representing the Community Associations Institute, testified in opposition to the bill. Mr. Kutzer discussed the exposure of community associations to liability under the bill, and an unintended consequence in the bill pertaining to community association decision-making. Mr. Kutzer responded to questions regarding how community associations receive service of process, and the liability that might be incurred by a community board under HB 17-1095.



03:51 PM --
Mr. Steve Wilson, representing ASAP Services, testified in support of the bill. Mr. Wilson responded to questions regarding procedures established by community associations to allow service of process. He addressed issues raised during earlier testimony. Mr. Wilson responded to questions regarding his position on amendment L.005, and the impact of the bill on the process service industry in terms of employment. Discussion returned to the service of process to a community association.



04:02 PM --
Ms. Annmarie Jensen, representing process servers, testified in support of the bill. Ms. Jensen responded to questions regarding the process by which the bill was crafted, addressing issues raised during earlier testimony. Discussion ensued regarding certain language in amendment L.005, and the reason why the intent of the bill was not addressed through the judicial rule-making process.





















04:13 PM --
Mr. Brandon AschenBrenner, representing APS, testified in support of the bill. Mr. AschenBrenner explained how the bill maintains due process, and discussed the creation of practice standards for process servers under certain situations by the bill.





04:16 PM



Representative Melton explained the effect of amendment L.005.

BILL: HB17-1095
TIME: 04:16:20 PM
MOVED: Melton
MOTION: Adopt amendment L.005 (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















































04:16 PM



Various committee members provided their positions on HB 17-1095. Representative Melton provided closing on the bill.

BILL: HB17-1095
TIME: 04:17:45 PM
MOVED: Willett
MOTION: Refer House Bill 17-1095, as amended, to the Committee of the Whole. The motion passed on a vote of 7-4.
SECONDED: Salazar
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.





04:37 PM -- HB17-1338



The committee returned to order. Representative Bridges and Representative Liston, co-prime sponsors, presented House Bill 17-1338, concerning a requirement for a timely hearing for a defendant in jail with a municipal court hold. Representative Bridges distributed a fact sheet to the committee, prepared by the ACLU (Attachment D), and explained his reasons for bringing the bill. Representative Liston explained the bill.



17HouseJud0425AttachD.pdf17HouseJud0425AttachD.pdf



















04:41 PM --
Mr. Chris Johnson, representing the County Sheriffs of Colorado, testified in opposition to the bill. Mr. Johnson discussed his work on the bill, and the reasons for not supporting the bill. He discussed the possibility of an amendment that would cause him to support the bill. He responded to committee questions concerning the relationship between the bill's provisions and existing law relating to mental health holds in county jails. Representative Salazar commented.



04:48 PM --
Ms. Denise Maes, representing the ACLU of Colorado, testified in support of the bill. Ms. Maes was joined by Ms. Rebecca Wallace, also of the ACLU, and Ms. Meghan Dollar, representing the Colorado Municipal League. Ms. Maes discussed the ramifications of lengthy holds in municipal detention facilities. Ms. Wallace responded to questions regarding what constitutes a municipal hold. Ms. Dollar provided background on her organization's neutral stance on the bill. Ms. Dollar responded to questions regarding the position of municipal judges on the bill, and the information contained in Attachment D. Ms. Wallace responded to questions regarding liability issues associated with lengthy municipal jail holds.





05:01 PM



Discussion continued regarding liability for lengthy jail holds, and the potential for pre-trial assessments to help alleviate the issue. Discussion ensued regarding language in HB 17-1338 requiring municipal courts to conduct a bond hearing to consider the least restrictive conditions for freeing a defendant in certain circumstances. Discussion turned to the fiscal impact of the bill. Representative Lee read an email from the City of Rifle to the committee.



05:17 PM --
Ms. Kathy Pototsky, representing the City of Rifle, and Mr. Richard Orf, representing the Associated Governments of Northwest Colorado, affirmed that they are now neutral on the bill as amended by a forthcoming amendment.



05:18 PM --
Mr. Sutherland, representing himself, testified on the bill. Mr. Sutherland noted some potential impacts of the bill on home rule municipalities.























































05:20 PM



Representative Salazar explained the effect of amendment L.002 (Attachment E).



17HouseJud0425AttachE.pdf17HouseJud0425AttachE.pdf

BILL: HB17-1338
TIME: 05:20:54 PM
MOVED: Salazar
MOTION: Adopt amendment L.002 (Attachment E). 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



















































05:22 PM



Representative Salazar explained the effect of amendment L.003 (Attachment F). Discussion ensued regarding what constitutes teletype and other forms of communication referenced in amendment L.003, and the merits of the amendment.



17HouseJud0425AttachF.pdf17HouseJud0425AttachF.pdf

BILL: HB17-1338
TIME: 05:23:20 PM
MOVED: Salazar
MOTION: Adopt amendment L.003 (Attachment F). The motion passed on a vote of 9-2.
SECONDED: Weissman
VOTE
Benavidez
Yes
Carver
Yes
Foote
Yes
Herod
Yes
Lundeen
Yes
Melton
No
Weissman
Yes
Willett
Yes
Wist
No
Salazar
Yes
Lee
Yes
YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS















































05:28 PM



Various committee members provided their positions on HB 17-1338.

BILL: HB17-1338
TIME: 05:29:02 PM
MOVED: Salazar
MOTION: Refer House Bill 17-1338, 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





05:33 PM



The committee recessed.





05:50 PM -- HB17-1313



Representatives Herod and Humphrey, prime sponsors, presented House Bill 17-1313, concerning civil forfeiture reform. Committee members heard testimony on the bill at its April 20 meeting.



































05:51 PM



Representative Willett explained the effect of amendment L.006 (Attachment G). The committee discussed the merits of the amendment.



17HouseJud0425AttachG.pdf17HouseJud0425AttachG.pdf

BILL: HB17-1313
TIME: 05:51:39 PM
MOVED: Willett
MOTION: Adopt amendment L.006 (Attachment G). The motion failed on a vote of 4-7.
SECONDED: Lundeen
VOTE
Benavidez
No
Carver
Yes
Foote
No
Herod
No
Lundeen
Yes
Melton
No
Weissman
No
Willett
Yes
Wist
Yes
Salazar
No
Lee
No
YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL

















































05:55 PM



Representative Willett explained the effect of amendment L.007 (Attachment H). The committee discussed the merits of the amendment.



17HouseJud0425AttachH.pdf17HouseJud0425AttachH.pdf

BILL: HB17-1313
TIME: 05:55:50 PM
MOVED: Willett
MOTION: Adopt amendment L.007 (Attachment H). The motion failed on a vote of 1-10.
SECONDED: Lundeen
VOTE
Benavidez
No
Carver
No
Foote
No
Herod
No
Lundeen
No
Melton
No
Weissman
No
Willett
Yes
Wist
No
Salazar
No
Lee
No
YES: 1 NO: 10 EXC: 0 ABS: 0 FINAL ACTION: FAIL





06:05 PM



The committee recessed.







































06:08 PM



The committee returned to order.

BILL: HB17-1313
TIME: 06:08:50 PM
MOVED: Wist
MOTION: Amend amendment L.007, page 1, strike lines 7 and 16. The motion failed on a vote of 4-7.
SECONDED:
VOTE
Benavidez
No
Carver
Yes
Foote
No
Herod
No
Lundeen
Yes
Melton
No
Weissman
No
Willett
Yes
Wist
Yes
Salazar
No
Lee
No
YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL



























































06:11 PM



Representative Willett explained the effect of amendment L.008 (Attachment I).



17HouseJud0425AttachI.pdf17HouseJud0425AttachI.pdf

BILL: HB17-1313
TIME: 06:11:59 PM
MOVED: Willett
MOTION: Adopt amendment L.008 (Attachment I). The motion failed on a vote of 4-7.
SECONDED: Lundeen
VOTE
Benavidez
No
Carver
Yes
Foote
No
Herod
No
Lundeen
Yes
Melton
No
Weissman
No
Willett
Yes
Wist
Yes
Salazar
No
Lee
No
YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL



















































06:14 PM



Representative Willett explained the effect of amendment L.009 (Attachment J).



17HouseJud0425AttachJ.pdf17HouseJud0425AttachJ.pdf

BILL: HB17-1313
TIME: 06:14:39 PM
MOVED: Willett
MOTION: Adopt amendment L.009 (Amendment J). The motion failed on a vote of 1-10.
SECONDED: Lundeen
VOTE
Benavidez
No
Carver
No
Foote
No
Herod
No
Lundeen
No
Melton
No
Weissman
No
Willett
Yes
Wist
No
Salazar
No
Lee
No
YES: 1 NO: 10 EXC: 0 ABS: 0 FINAL ACTION: FAIL



















































06:16 PM



Representative Herod explained the effect of amendment L.002 (Attachment K).



17HouseJud0425AttachK.pdf17HouseJud0425AttachK.pdf

BILL: HB17-1313
TIME: 06:17:04 PM
MOVED: Herod
MOTION: Adopt amendment L.002 (Attachment K). 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



















































06:17 PM



Representative Herod explained the effect of amendment L.003 (Attachment L).



17HouseJud0425AttachL.pdf17HouseJud0425AttachL.pdf

BILL: HB17-1313
TIME: 06:17:51 PM
MOVED: Herod
MOTION: Adopt amendment L.003 (Attachment L). 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



















































06:18 PM



Representative Herod explained the effect of amendment L.004 (Attachment M).



17HouseJud0425AttachM.pdf17HouseJud0425AttachM.pdf

BILL: HB17-1313
TIME: 06:18:34 PM
MOVED: Herod
MOTION: Adopt amendment L.004 (Attachment M). The motion passed on a vote of 7-4.
SECONDED: Melton
VOTE
Benavidez
Yes
Carver
No
Foote
Yes
Herod
Yes
Lundeen
No
Melton
Yes
Weissman
Yes
Willett
No
Wist
No
Salazar
Yes
Lee
Yes
YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS



















































06:19 PM



Representative Weissman explained the effect of amendment L.005 (Attachment N).



17HouseJud0425AttachN.pdf17HouseJud0425AttachN.pdf

BILL: HB17-1313
TIME: 06:19:51 PM
MOVED: Weissman
MOTION: Adopt amendment L.005 (Attachment N). The motion was withdrawn.
SECONDED: Melton
VOTE
Benavidez
Carver
Foote
Herod
Lundeen
Melton
Weissman
Willett
Wist
Salazar
Lee
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:



















































06:23 PM



Representative Herod explained the effect of amendment L.010 (Attachment O). Discussion ensued regarding the merits of the amendment.



17HouseJud0425AttachO.pdf17HouseJud0425AttachO.pdf

BILL: HB17-1313
TIME: 06:24:02 PM
MOVED: Herod
MOTION: Adopt amendment L.010 (Attachment O). The motion passed on a vote of 8-3.
SECONDED: Melton
VOTE
Benavidez
Yes
Carver
No
Foote
Yes
Herod
Yes
Lundeen
No
Melton
Yes
Weissman
Yes
Willett
No
Wist
Yes
Salazar
Yes
Lee
Yes
YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

















































06:27 PM



Representative Herod explained the effect of amendment L.011 (Attachment P). Discussion ensued regarding the merits of the amendment. Mr. Jeremiah Barry, Office of Legislative Legal Services, provided input on the effect of the amendment.



17HouseJud0425AttachP.pdf17HouseJud0425AttachP.pdf

BILL: HB17-1313
TIME: 06:27:45 PM
MOVED: Herod
MOTION: Adopt amendment L.011 (Attachment P). The motion failed on a vote of 5-6.
SECONDED: Melton
VOTE
Benavidez
Yes
Carver
No
Foote
Yes
Herod
Yes
Lundeen
No
Melton
No
Weissman
Yes
Willett
No
Wist
No
Salazar
No
Lee
Yes
YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL















































06:31 PM



Various committee members provided their positions on HB 17-1313. Representatives Herod and Humphrey provided closing remarks in support of the bill.

BILL: HB17-1313
TIME: 06:32:44 PM
MOVED: Herod
MOTION: Refer House Bill 17-1313, as amended, to the Committee on Appropriations. The motion passed on a vote of 8-3.
SECONDED: Melton
VOTE
Benavidez
Yes
Carver
No
Foote
Yes
Herod
Yes
Lundeen
No
Melton
Yes
Weissman
Yes
Willett
No
Wist
Yes
Salazar
Yes
Lee
Yes
Final YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS





06:55 PM



The committee adjourned.


COVID-19 Resources
2021 Ballot Information Booklet (Blue Book)
NORTH ENTRANCE IS CURRENTLY CLOSED.  TO ENTER THE CAPITOL, USE THE SOUTH ENTRANCE, UNDER THE STAIRS, AT 14th AVENUE AND SHERMAN STREET.