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h_jud_2017a_2017-05-02t13:31:08z1 Hearing Summary

Date: 05/02/2017

Location: HCR 0112

Final

BILL SUMMARY for HB17-1360



HOUSE COMMITTEE ON JUDICIARY


Votes: View--> Action Taken:
Refer House Bill 17-1360 to the Committee on Finan PASS







01:37 PM -- HB17-1360



Representative Pabon, prime sponsor, presented House Bill 17-1360, concerning allowing a person with a subsequent criminal case to seal a low-level offense. Representative Pabon explained the effect of the bill and discussed its need. Representative Pabon responded to questions regarding the population covered by the bill, and potential equal protection issues. Discussion ensued regarding the implication of habitual offender statutes by the bill. The following persons testified regarding HB 17-1360:



01:53 PM --
Ms. Carrie Thompson, representing the Colorado Criminal Defense Bar and Colorado Criminal Defense Institute, testified in support of the bill. Ms. Thompson provided an overview of record sealing for certain offenses under current law, and discussed circumstances in which the bill would benefit individuals. Ms. Thompson responded to questions regarding the types of petty offenses invoked by the bill, and the difference between record sealing and record expungement. Ms. Thompson responded to further questions regarding the drafting history of HB 17-1360, and the demand for record sealing on the part of the public.



02:04 PM --
Mr. Tim Lane, representing the Colorado District Attorneys' Council, testified in opposition to the bill. Mr. Lane discussed the types of offenses covered by the bill, and addressed the issue of habitual offenses. He responded to questions regarding the sealing of certain records that are not habitual in nature. Mr. Lane explained that employers should have access to criminal records under certain circumstances. Mr. Lane responded to questions regarding support of his organizations for bills that allow record expungement or sealing, and the ramifications of allowing open access to records associated with minor crimes.





02:15 PM



Discussion ensued regarding disparities in the parameters for specific crimes among local jurisdictions. Discussion returned to the position of the Colorado District Attorneys' Council on certain legislation considered by the General Assembly in 2017. Mr. Lane responded to questions regarding the petty offense element of HB 17-1360. Representative Pabon addressed remarks made during Mr. Lane's testimony.





02:21 PM



No amendments were offered to HB 17-1360.

BILL: HB17-1360
TIME: 02:21:20 PM
MOVED: Salazar
MOTION: Refer House Bill 17-1360 to the Committee on Finance. The motion passed on a vote of 7-4.
SECONDED: Weissman
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














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