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H_JUD_2019A 01/29/2019 01:32:07 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON JUDICIARY
Date 01/29/2019
Attendance
Benavidez X
Bockenfeld X
Carver X
Galindo X
Gonzales-Gutierrez X
McKean X
Roberts X
Soper *
Tipper X
Herod X
Weissman X
Time 01:32:07 PM to 05:23:35 PM
Place HCR 0112
This Meeting was called to order by Weissman
This Report was prepared by Bo Pogue
Hearing Items Action Taken
HB19-1073 Amended, referred to House Appropriations
HB19-1025 Amended, referred to House Appropriations
SB19-058 Referred to the Committee of the Whole

HB19-1073 - Amended, referred to House Appropriations

01:36:26 PM  

The committee was called to order. A quorum was present. Representative Benavidez, prime sponsor, presented House Bill 19-1073, concerning the creation of the law enforcement, public safety, and criminal justice information sharing grant program.  Representative Benavidez explained the effect of the bill and discussed its need.

01:42:49 PM  

The following persons testified regarding HB 19-1073:

Ms. Katie Arehart, representing the Brighton Police Department, testified in support of the bill. Ms. Arehart discussed the benefits her department realizes as a result of data sharing.

Mr. Cooper Reveley, representing the Department of Public Safety, testified on the bill from a neutral position. Mr. Reveley discussed the department's ability to administer the grant program created by the bill, and potential benefits to be realized from the bill's passage.

Mr. Paul O'Keefe, representing the Aurora Police Department, testified on HB 19-1073. Mr. O'Keefe explained the workings of the Colorado Information Sharing Consortium (CISC), and discussed the benefits of information sharing.

Sheriff Steve Weems, representing Weld County, testified in support of the bill. He discussed costs associated with joining the CISC, and the benefits that accrue to victims as a result of interdepartmental information sharing. Sheriff Weems and Mr. O'Keefe responded to questions regarding costs to agencies associated with joining the CISC. Discussion ensued regarding law enforcement training pertaining to mental health issues, and methods for ensuring that information shared among the consortium is not biased. Discussion followed regarding how the money appropriated under the bill would be used, and the types of information that are inappropriate to share among the CISC.

02:12:15 PM  

Discussion returned to costs for operating the CISC.

Mr. David Shipley, representing the CISC, made himself available to answer questions. Mr. Shipley responded to questions raised during earlier testimony. Mr. Shipley and Representative Benavidez responded to further questions regarding options available to local law enforcement agencies for securing information-sharing services.

Ms. Denise Maes, representing the ACLU, testified in opposition to HB 19-1073. Ms. Maes discussed some potential problems with the information gathering undertaken by the CISC, and ways that increase trust between law enforcement and communities. Discussion ensued regarding federal regulations pertaining to data sharing among law enforcement, and auditing of data collection. Ms. Maes responded to questions regarding assertions made during earlier testimony.

02:41:38 PM  

Ms. Maes responded to questions regarding instances of misuse of information within the CISC.

Mr. Joe Miklosi, representing the CISC, testified in support of the bill. Committee members received a fact sheet supporting the bill (Attachment A), a sheet explaining the type of information collected by CISC memberes (Attachment B), a sheet noting some supporters of HB 19-1073 (Attachment C), and a list of CISC member agencies (Attachment D). Mr. Miklosi discussed the process by which the bill was crafted, and elements in the bill that attempt to ensure transparency. Mr. Miklosi responded to questions regarding other sources of grants to fund participation in the CISC, and the number of law enforcement entities that would be impacted by HB 19-1073.

02:48:05 PM  

Representative Benavidez explained the effect of amendment L.001 (Attachment D).



02:49:01 PM
Motion Adopt amendment L.001
Moved Benavidez
Seconded McKean
Benavidez
Bockenfeld
Carver
Galindo
Gonzales-Gutierrez
McKean
Roberts
Soper
Tipper
Herod
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
02:49:02 PM  

Representative Benavidez provided closing remarks in support of HB 19-1073. Various members provided their positions on the bill.



02:55:38 PM
Motion Refer House Bill 19-1073, as amended, to the Committee on Appropriations.
Moved Benavidez
Seconded McKean
Benavidez Yes
Bockenfeld Yes
Carver Yes
Galindo No
Gonzales-Gutierrez Yes
McKean Yes
Roberts Yes
Soper Yes
Tipper Yes
Herod No
Weissman No
Final YES: 8   NO: 3   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB19-1025 - Amended, referred to House Appropriations

02:55:51 PM  

The committee recessed.

03:04:16 PM  

The committee returned to order. Representatives Herod and Melton, prime sponsors, presented House Bill 19-1025, concerning the timing of an inquiry into a job applicant's criminal history.  Representative Herod discussed the need for the legislation. Representative Melton explained the effect of the legislation. Representatives Herod and Melton responded to questions regarding a prohibition on inquiring about criminal history in applications for jobs with government entities. Discussion ensued regarding the timing of inquiries into criminal history during the job application process, and legislation offered during past legislative sessions similar to HB 19-1025. Representative Melton noted other states that have adopted legislation similar to HB 19-1025. Discussion followed regarding the merits of including a section on a job application referencing criminal history.

03:25:25 PM  

The following persons testified regarding HB 19-1025:

Mr. Doug Farmer, representing the Colorado Health Care Association, testified in opposition to the bill. He explained the hiring process in his industry, and discussed a potential amendment that would change his association's position on the bill. Discussion ensued regarding potentially amending the bill to address concerns.

Mr. Tony Gagliardi, representing the NFIB, testified on the bill from a neutral position. Mr. Gagliardi discussed changes made to HB 19-1025 from previous incarnations, and the need to reintegrate criminal offenders back into the workforce.

Ms. Loren Furman, representing the Colorado Chamber of Commerce, testified on the bill from a neutral position. She also discussed changes that have been made to the legislation from previous incarnations.

Mr. Nicholas Colglazier, representing the Colorado Competitive Council and the Denver Metro Chamber of Commerce, testified on HB 19-1025 from a neutral position. He discussed improvements that have been made to the legislation, and potential forthcoming amendments. Discussion ensued regarding how this "ban the box" legislation has been improved over past attempts.

03:42:06 PM  

Mr. Jack Regenbogen, representing the Colorado Center on Law and Policy, testified in support of HB 19-1025. Mr. Regenbogen discussed the difficulties criminal offenders have in obtaining employment due to their criminal histories, and the benefits realized when "ban the box" legislation is adopted.

Mr. Majid Mohammed, representing himself, testified in support of the bill. Mr. Mohammed discussed his criminal history, and explained how criminal history inquiries on job applications have affected him.

Ms. Marpessa Allen, representing Cross Purpose, testified in support of the bill. Ms. Allen discussed the work undertaken by her organization to reintegrate offenders into the workforce, and suggested potential amendments to HB 19-1025.

Mr. Jeff Johnson, representing himself, testified in support of the bill. Mr. Johnson discussed his criminal history, and the obstacles he has faced in trying to obtain employment. He explained how talking to employers may help offenders obtain employment. Mr. Johnson responded to questions regarding the prevalence of criminal history inquiries on job applications. Discussion ensued regarding how those with criminal backgrounds have broached the subject during interviews.

04:04:37 PM  

Ms. Tammy Bellafato, representing the Colorado Coalition for the Homeless, testified in support of HB 19-1025. She discussed her criminal history, and the trouble she experienced in obtaining employment. She also discussed her career since then.

Mr. Lance Schendorf, representing himself, testified in support of the bill. He discussed his criminal history, and the difficulties this presented to his gaining employment. Mr. Schendorf discussed the importance of employment to reintegrating offenders into society.

Mr. Peter Dybing, representing the Colorado Coalition for the Homeless, testified in support of the bill. He discussed his career despite having a criminal record. Ms. Bellafato responded to questions regarding how her experiences have benefitted her in her career, and her efforts to gain employment with a criminal record.

04:16:47 PM  

Ms. Molly Bowers, representing Focus Reentry, testified in support of HB 19-1025. Ms. Bowers explained how obtaining employment helps offenders to avoid recidivism.

Mr. Michael Rollerson, representing IBEW, testified in support of the bill. Mr. Rollerson discussed difficulties he experienced in trying to obtain employment due to his criminal history, and explained how working for IBEW has improved his fortunes. Ms. Valerie Schlecht, representing the Colorado Cross Disability Coalition, testified in support of the bill. Ms. Schlecht explained that many of those with criminal histories have disabilities.

Mr. Peter Severson, representing the Lutheran Advocacy Ministry, testified in support of the bill. Mr. Severson discussed the benefits of rehabilitation and reintegrating offenders into society.

04:28:43 PM  

Reverend Roland Halperin, representing the Colorado Council of Churches, testified in support of HB 19-1025. Reverend Halperin read a statement concerning the criminal justice system, and explained how the council is working toward justice.

Mr. Jonathan McMillan, representing himself, testified in support of the bill. Mr. McMillan discussed the value of second chances. Reverend Halperin responded to a question about the position of individual churches on the bill. Mr. Haven Rohnert, representing the Colorado Cross Disability Coalition, testified in support of the bill. Mr. Rohnert discussed his difficulties in obtaining employment due to his criminal history.



04:55:44 PM
Motion Adopt amendment L.005
Moved Herod
Seconded Galindo
Benavidez Yes
Bockenfeld No
Carver No
Galindo Yes
Gonzales-Gutierrez Yes
McKean No
Roberts Yes
Soper No
Tipper Yes
Herod Yes
Weissman Yes
YES: 7   NO: 4   EXC: 0   ABS:  0   FINAL ACTION:  PASS
04:55:46 PM  

Representative Herod explained the effect of amendment L.005 (Attachment F). Representative Herod responded to questions regarding certain terms in the amendment, and background checks by employers under the amendment.

04:57:18 PM  

Discussion ensued regarding amendment L.001 (Attachment G).



04:57:32 PM
Motion Adopt amendment L.001
Moved Herod
Seconded Galindo
Benavidez
Bockenfeld
Carver
Galindo
Gonzales-Gutierrez
McKean
Roberts
Soper
Tipper
Herod
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
04:57:35 PM  

Representative Melton explained the effect of amendment L.004 (Attachment H).



04:58:50 PM
Motion Adopt amendment L.004
Moved Weissman
Seconded Herod
Benavidez
Bockenfeld
Carver
Galindo
Gonzales-Gutierrez
McKean
Roberts
Soper
Tipper
Herod
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
04:58:51 PM  

Representative Herod explained the effect of amendment L.002 (Attachment I).



04:59:41 PM
Motion Adopt amendment L.002
Moved Herod
Seconded Tipper
Benavidez
Bockenfeld
Carver
Galindo
Gonzales-Gutierrez
McKean
Roberts
Soper
Tipper
Herod
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
04:59:43 PM  

Representatives Melton and Herod provided closing remarks in support of HB 19-1025. Various committee members provided their positions on the bill.



05:19:52 PM
Motion Refer House Bill 19-1025, as amended, to the Committee on Appropriations.
Moved Herod
Seconded Galindo
Benavidez Yes
Bockenfeld No
Carver No
Galindo Yes
Gonzales-Gutierrez Yes
McKean No
Roberts Yes
Soper Yes
Tipper Yes
Herod Yes
Weissman Yes
Final YES: 8   NO: 3   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB19-058 - Referred to the Committee of the Whole


05:20:01 PM  

Representative Herod presented Senate Bill 19-058, concerning the enactment of the Colorado Revised Statutes 2018 as the positive and statutory law of the state of Colorado.  Committee members received copies of revisor's changes to the bill (Attachment J).  No amendments were offered to the bill.



05:23:21 PM
Motion Refer Senate Bill 19-058 to the Committee of the Whole.
Moved Herod
Seconded McKean
Benavidez Yes
Bockenfeld Yes
Carver Yes
Galindo Excused
Gonzales-Gutierrez Yes
McKean Yes
Roberts Yes
Soper Yes
Tipper Excused
Herod Yes
Weissman Yes
Final YES: 9   NO: 0   EXC: 2   ABS:  0   FINAL ACTION:  PASS


05:23:35 PM   The committee adjourned.