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h_jud_2017a_2017-04-18t11:14:12z1 Hearing Summary

Date: 04/18/2017

Location: HCR 0112

Final

BILL SUMMARY for HB17-1268



HOUSE COMMITTEE ON JUDICIARY


Votes: View--> Action Taken:
Refer House Bill 17-1268 to the Committee of the W PASS







01:34 PM -- HB17-1268



The committee returned to order. Representative Herod, prime sponsor, presented House Bill 17-1268, concerning changing the maximum jail sentence for certain crimes from one year to three hundred sixty-four days. Representative Herod explained the effect of the bill. Committee members received a fact sheet supporting the bill (Attachment C). The following persons testified regarding the bill:



17HouseJud0418AttachC.pdf17HouseJud0418AttachC.pdf



01:37 PM --
Mr. Hans Meyer, representing the Colorado Criminal Defense Bar, testified in support of the bill. Mr. Meyer discussed the benefits of the bill. Mr. Meyer responded to questions regarding the effect of the bill on certain pleas, and the types of crimes that result in a sentence of one year in jail. Discussion ensued regarding other potential solutions to the problem being addressed by the bill.



01:47 PM --
Ms. Denise Maes, representing the ACLU, testified in support of the bill. Ms. Maes explained how the bill addresses an issue created by federal immigration law. Ms. Maes responded to questions regarding the appropriateness of addressing federal immigration issues through state law, and other states that have laws similar to HB 17-1268.



01:54 PM --
Mr. Eric Johnson, representing the Colorado Bar Association, testified in support of the bill. Mr. Johnson addressed earlier questions about the types of crimes that result in a one-year jail sentence.





02:04 PM



Discussion continued regarding the types of crimes falling under the scope of the bill. Mr. Johnson discussed the benefits of the bill in the area of court administration. Discussion ensued regarding the public safety ramifications of reducing the maximum penalties for certain crimes by one day.





02:15 PM



Discussion ensued regarding the circumstances of those of foreign origin who might benefit from the change in law effectuated by HB 17-1268, and certain flaws in the federal immigration system.



02:25 PM --
Ms. Carrie Thompson, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Thompson addressed earlier testimony about the circumstances of those who may benefit from the bill, and discussed the issue of collateral consequences, which the bill seeks to address. Ms. Thompson responded to questions regarding the number persons who might be affected by the passage of HB 17-1268. Discussion ensued on this point. Discussion followed regarding why level 2 drug misdemeanors are included in the scope of the bill.





02:40 PM



No amendments were offered to HB 17-1268. The committee recessed.





02:44 PM



The committee came back to order. Representative Herod provided closing remarks in support of HB 17-1268. Various committee members provided input on the bill.

BILL: HB17-1268
TIME: 02:48:36 PM
MOVED: Herod
MOTION: Refer House Bill 17-1268 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







02:49 PM



The committee further discussed the merits of HB 17-1268.








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