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h_jud_2017a_2017-02-28t10:45:00z1 Hearing Summary

Date: 02/28/2017

Location: HCR 0112

Final

BILL SUMMARY for HB 17-1109



HOUSE COMMITTEE ON JUDICIARY


Votes: View--> Action Taken:
Adopt amendment L.001 (Attachment E). The motion

Adopt amendment L.005 (Attachment D). The motion

Adopt amendment L.006 (Attachment C). The motion

Refer House Bill 17-1109, as amended, to the Comm
PASS

FAIL

Pass Without Objection

PASS







01:36 PM -- HB 17-1109



The committee was called to order. A quorum was present. Representatives Carver and Danielson, prime sponsors, presented House Bill 17-1109, concerning prosecuting in one jurisdiction a person who has committed sexual assaults against a child in different jurisdictions. The committee heard testimony on the bill at its February 23 meeting. Representative Carver explained the effect of amendment L.006 (Attachment C).



17HouseJud0228AttachC.pdf17HouseJud0228AttachC.pdf

BILL: HB 17-1109
TIME: 01:38:33 PM
MOVED: Carver
MOTION: Adopt amendment L.006 (Attachment C). The motion passed without objection. The motion passed without objection.
SECONDED: Weissman
VOTE
Benavidez
Carver
Foote
Excused
Herod
Lundeen
Melton
Weissman
Willett
Wist
Salazar
Lee
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection





01:40 PM



Representative Salazar explained the effect of amendment L.005 (Attachment D). Mr. Timothy Lane, representing the Colorado District Attorneys' Council, provided clarification about certain concepts invoked by the amendment. Discussion ensued on these points.



17HouseJud0228AttachD.pdf17HouseJud0228AttachD.pdf



02:05 PM



Discussion continued regarding the implications of passing HB 17-1109 with amendment L.005 attached.





02:14 PM





Ms. Laurie Rose Kepros, representing the Office of the State Public Defender and the Colorado Criminal Defense Bar, testified on amendment L.005 and the bill in general. Ms. Kepros discussed the merits of the amendment. Discussion ensued regarding the impact of certain constitutional provisions on multi-jurisdictional pattern legislation.





02:26 PM



Discussion continued regarding the constitutionality of multi-jurisdictional prosecutions. Representative Carver reiterated the purpose of HB 17-1109, and expressed some concerns with amendment L.005. Various committee members provided input on the amendment.

BILL: HB 17-1109
TIME: 02:27:46 PM
MOVED: Salazar
MOTION: Adopt amendment L.005 (Attachment D). The motion failed on a vote of 5-6. The motion failed on a vote of 5-6.
SECONDED: Melton
VOTE
Benavidez
Yes
Carver
No
Foote
No
Herod
Yes
Lundeen
No
Melton
Yes
Weissman
No
Willett
No
Wist
No
Salazar
Yes
Lee
Yes
YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL





02:38 PM



Representative Carver explained the effect of amendment L.001 (Attachment E). Discussion ensued regarding what constitutes the furtherance of a pattern for prosecutorial purposes.



17HouseJud0228AttachE.pdf17HouseJud0228AttachE.pdf

BILL: HB 17-1109
TIME: 02:38:31 PM
MOVED: Carver
MOTION: Adopt amendment L.001 (Attachment E). The motion passed on a vote of 10-1. The motion passed on a vote of 10-1.
SECONDED: Wist
VOTE
Benavidez
No
Carver
Yes
Foote
Yes
Herod
Yes
Lundeen
Yes
Melton
Yes
Weissman
Yes
Willett
Yes
Wist
Yes
Salazar
Yes
Lee
Yes
YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS





02:51 PM



Representative Danielson provided some closing remarks in support of HB 17-1109.

BILL: HB 17-1109
TIME: 02:51:54 PM
MOVED: Carver
MOTION: Refer House Bill 17-1109, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0. The motion passed on a vote of 11-0.
SECONDED: Lundeen
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