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h_jud_2017a_2017-04-25t13:40:44z3 Hearing Summary

Date: 04/25/2017

Location: HCR 0112

Final

BILL SUMMARY for HB17-1338



HOUSE COMMITTEE ON JUDICIARY


Votes: View--> Action Taken:
Adopt amendment L.002 (Attachment E). The motion p

Adopt amendment L.003 (Attachment F). The motion p

Refer House Bill 17-1338, as amended, to the Commi
Pass Without Objection

PASS

PASS







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.








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