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H_JUD_2018A 04/27/2018 02:16:42 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON JUDICIARY
Date 04/27/2018
Attendance
Benavidez X
Carver X
Lundeen X
Melton *
Roberts X
Rosenthal X
Weissman X
Willett X
Wist X
Salazar X
Lee *
Time 02:16:42 PM to 03:54:38 PM
Place RM 271
This Meeting was called to order by Lee
This Report was prepared by Bo Pogue
Hearing Items Action Taken
SB18-203 Amended, referred to House Appropriations
SB18-059 Committee Discussion Only
HB18-1425 Referred to House Appropriations

SB18-203 - Amended, referred to House Appropriations


02:17:23 PM  

The committee was called to order. A quorum was present. Representative Lontine, prime sponsor, presented Senate Bill 18-203, concerning the provision of independent counsel to indigent defendants in municipal court.  Representative Lontine explained the effect of the bill and discussed its need. Representative Lontine responded to questions regarding the types of crimes covered by the bill, and municipalities that currently provide representation for the indigent.

02:21:55 PM  

Ms. Rebecca Wallace, representing the ACLU, testified in support of the bill. Ms. Wallace discussed the current provision of defense for the indigent at the municipal level, and outlined the effect of SB 18-203. Ms. Denise Maes, representing the ACLU, testified in support of the bill. Ms. Maes explained when representation for the indigent is required constitutionally, and addressed questions raised during earlier discussion. Ms. Meghan Dollar, representing the Colorado Municipal League, testified on the bill from a neutral perspective. Ms. Dollar spoke in support of amendment L.008 (Attachment A). She discussed the choices available to municipal courts under the bill. Ms. Dollar clarified her organization's position on the bill. Ms. Wallace explained the effect of amendment L.009 (Attachment B). Ms. Wallace responded to questions regarding ethical obligations for public defenders at the municipal level. Ms. Dollar responded to questions regarding the position of municipal court judges on the amendments.

02:39:32 PM  
Discussion ensued regarding the source and effect of amendment L.008.
02:41:04 PM  
Mr. Darren Cantor, representing the Office of the Alternate Defense Counsel, testified in support of SB 18-203. Mr. Cantor explained how the bill helps to ensure the independence of defense counsel provided to the indigent at the municipal level. Mr. Cantor responded to questions regarding the process by which municipalities will source defense counsel for the indigent in rural areas.


02:49:26 PM
Motion Adopt amendment L.009
Moved Weissman
Seconded Melton
Benavidez Yes
Carver No
Lundeen No
Melton Yes
Roberts Yes
Rosenthal Yes
Weissman Yes
Willett No
Wist No
Salazar Yes
Lee Yes
YES: 7   NO: 4   EXC: 0   ABS:  0   FINAL ACTION:  PASS


02:50:19 PM
Motion This is a conceptual amendment L.008
Moved Weissman
Seconded Melton
Benavidez Yes
Carver No
Lundeen No
Melton Yes
Roberts Yes
Rosenthal Yes
Weissman Yes
Willett No
Wist No
Salazar Yes
Lee Yes
YES: 7   NO: 4   EXC: 0   ABS:  0   FINAL ACTION:  PASS
02:50:41 PM  
Representative Wist explained his position on SB 18-203. Representative Lontine provided closing remarks in support of the bill.


02:53:44 PM
Motion Refer Senate Bill 18-203, as amended, to the Committee on Appropriations.
Moved Weissman
Seconded Lee
Benavidez Yes
Carver No
Lundeen No
Melton Yes
Roberts Yes
Rosenthal Yes
Weissman Yes
Willett No
Wist No
Salazar Yes
Lee Yes
Final YES: 7   NO: 4   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB18-059 - Committee Discussion Only


02:54:12 PM  

Representative Pabon, prime sponsor, presented Senate Bill 18-059, concerning creation of a public safety information-sharing system. Representative Pabon explained the effect of the bill and discussed its need. Representative Pabon responded to questions regarding how information is shared among agencies under the bill.

03:02:52 PM  

Mr. David Shipley, representing the Colorado Information Sharing Consortium, testified in support of the bill. Mr. Shipley explained how sharing information among law enforcement agencies is beneficial in certain emergency situations, and discussed the rapid facilitation of information using technology. Mr. Shipley responded to questions regarding the types of information-sharing systems that are currently available to law enforcement, and the purpose of the bill with regard to these systems. Mr. Shipley responded to further questions regarding laws that impact the sharing of information by law enforcement agencies, and the time frame for the program created by the bill. Discussion ensued regarding the user interface technology used to access information under the bill, and the types of information that would be shared.

03:16:39 PM  

Detective Katie Arehart, representing the Brighton Police Department, testified in support of SB 18-059. Detective Arehart cited some examples where information-sharing among law enforcement agencies has been beneficial in addressing crime. Detective Arehart responded to questions regarding the technology used in the cases she referenced, and the system that carries the information.

03:26:00 PM  
Mr. Jim Hills, representing CISC/ASCO, testified in support of SB 18-059. Mr. Hills explained how he uses information-sharing among agencies to investigate crimes, and provided examples. Mr. Hills responded to questions regarding how systems created by the bill may be better than current information-sharing systems. Mr. Vince Line, representing the Colorado Information Sharing Consortium, testified in support of the bill. Representative Pabon responded to questions regarding the expansion of information sharing under the bill. Mr. Line returned to discussing the merits of the legislation. Mr. Line responded to questions regarding the companies that provide information-sharing infrastructure to law enforcement. Discussion ensued regarding the relationship between the State of Colorado and the consortium.
03:43:33 PM  

Representative Pabon explained the effect of amendment L.017 (Attachment C).



03:46:46 PM
Motion Adopt amendment L.017.
Moved Salazar
Seconded Melton
Benavidez No
Carver No
Lundeen No
Melton Yes
Roberts Yes
Rosenthal Yes
Weissman Yes
Willett Yes
Wist No
Salazar No
Lee Yes
YES: 6   NO: 5   EXC: 0   ABS:  0   FINAL ACTION:  PASS
03:46:48 PM  
Representative Lee laid over SB 18-059.



HB18-1425 - Referred to House Appropriations


03:48:15 PM  

Representatives Lee and Wist, prime sponsors, presented House Bill 18-1425, concerning creation of a legislative committee to study the state prison population.  Representative Lee discussed the genesis of the legislation and explained its effect. Representative Wist provided input on the need for the legislation. No one testified regarding the bill, and no amendments were offered.



03:54:25 PM
Motion Refer House Bill 18-1425 to the Committee on Appropriations.
Moved Lee
Seconded Wist
Benavidez Yes
Carver Yes
Lundeen Yes
Melton Yes
Roberts Yes
Rosenthal Yes
Weissman Yes
Willett Yes
Wist Yes
Salazar Yes
Lee Yes
Final YES: 11   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS


03:54:38 PM   Committee Adjourned






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