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H_JUD_2019A 02/26/2019 01:33:18 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON JUDICIARY
Date 02/26/2019
Attendance
Benavidez X
Bockenfeld X
Carver X
Galindo X
Gonzales-Gutierrez X
McKean X
Roberts X
Soper X
Tipper X
Herod X
Weissman X
Time 01:33:18 PM to 04:27:36 PM
Place HCR 0112
This Meeting was called to order by Weissman
This Report was prepared by Bo Pogue
Hearing Items Action Taken
HB19-1158 Postponed Indefinitely
HB19-1180 Referred to the Committee of the Whole
SB19-049 Amended, referred to the Committee of the Whole
SB19-071 Referred to the Committee of the Whole

HB19-1158 - Postponed Indefinitely


01:33:52 PM  

Representative Lewis, prime sponsor, presented House Bill 19-1158, concerning enforcement of the unlawful ownership of a dangerous dog statute.  Representative Lewis explained the effect of the bill and discussed its need. She discussed some events that inspired the legislation. Representative Lewis explained why she would be requesting that the bill be postponed indefinitely. Discussion ensued regarding the issue of dangerous dogs on the loose.



01:46:01 PM
Motion Postpone House Bill 19-1158 indefinitely.
Moved Bockenfeld
Seconded Carver
Benavidez Yes
Bockenfeld Yes
Carver Yes
Galindo Yes
Gonzales-Gutierrez Yes
McKean Yes
Roberts Yes
Soper Yes
Tipper Yes
Herod Yes
Weissman Yes
Final YES: 11   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB19-1180 - Referred to the Committee of the Whole


01:46:37 PM  

Representative Geithner, prime sponsor, presented House Bill 19-1180, concerning the clarification of the definition of a police working horse for the purpose of cruelty to animals.  The following persons testified regarding HB 19-1180:

Ms. Janet Huffor, representing El Paso County, testified in support of the bill.

Mr. Larry Murphy, representing El Paso County, testified in support of the bill.

Sergeant Joe Cummings, representing the Parker Police Department, testified in support of the bill. Discussion ensued regarding what constitutes a "working horse," and the qualifications and standards that would apply. Discussion followed regarding the potential for amending the bill to narrow the definition of working horse.

02:04:34 PM  

Sergeant Cummings and Mr. Murphy responded to questions regarding training undertaken by mounted officers, and the functions of police animals. Sergeant Cummings responded to questions regarding the frequency with which police animals are assaulted.

02:13:51 PM  

No amendments were offered to HB 19-1180. Representative Geitner provided closing remarks in support of the bill.



02:16:11 PM
Motion Refer House Bill 19-1180 to the Committee of the Whole.
Moved Soper
Seconded McKean
Benavidez No
Bockenfeld Yes
Carver Yes
Galindo Yes
Gonzales-Gutierrez Yes
McKean Yes
Roberts Yes
Soper Yes
Tipper Yes
Herod Yes
Weissman Yes
Final YES: 10   NO: 1   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB19-049 - Amended, referred to the Committee of the Whole


02:17:08 PM  

The committee recessed.

02:20:27 PM  

The committee returned to order. Representative Michaelson Jenet, prime sponsor, presented Senate Bill 19-049, concerning increasing the statute of limitations for certain failure to report child sexual abuse crimes.  Representative Michaelson Jenet explained the effect of the bill and discussed its need. Discussion ensued regarding the event that tolls the bill's statute of limitations.

02:28:04 PM  

The following persons testified regarding SB 19-049:

Ms. Tristan Gorman, representing the Colorado Criminal Defense Bar, testified in opposition to the bill. Ms. Gorman explained why statutes of limitation exist, and discussed the potential negative effects of the bill. Discussion ensued regarding the frequency with which cases of failure to report child abuse have been dismissed due to the passage of the statute of limitations.

Mr. Blake Harrison, representing the Denver District Attorney Beth McCann, testified in support of the bill.

Mr. Mike Petrash, representing the Boulder District Attorney's Office, testified in support of the bill.

Ms. Amanda Gall, representing the Colorado District Attorney's Office, testified in support of the bill. Ms. Gall responded to technical questions about the bill, and addressed issues raised during earlier testimony. Ms. Gall responded to questions regarding the number of times a mandatory reporter has been charged with failure to report child sexual abuse, and the incentive created by the bill to report the crime.

03:01:32 PM  

Discussion ensued regarding the purpose of mandatory reporting, and required reporting based on a suspicion of a crime. Ms. Gall responded to questions regarding when prosecutors charge someone with failure to report.

03:14:39 PM  

Mr. Matt Maillarro, representing the Eighteenth Judicial District, testified in support of SB 19-049.

Ms. Leora Joseph, representing the Eighteenth Judicial District, testified in support of the bill.

Ms. Evie Hudak, representing Colorado PTA, testified in support of the bill.

03:24:21 PM  

Mr. Paul Quinn, representing SNAP, testified in support of SB 19-049. Mr. Quinn recounted his victimization as a child.

Mr. Jeb Barrett, representing SNAP, testified in support of the bill. Mr. Barrett recounted his victimization as a child. Mr. Barrett suggested some amendments to the bill.

Mr. Tim Lopez, representing himself, testified in support of the bill. Mr. Lopez suggested that the bill be amended, and discussed sexual assault reporting in schools. Mr. Barrett discussed sexual abuse in the Catholic Church.

03:43:35 PM  

Representative Michaelson Jenet explained the effect of amendment L.008 (Attachment A).



03:44:40 PM
Motion Adopt amendment L.008
Moved Herod
Seconded Roberts
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
03:44:41 PM  

Representative Michaelson Jenet provided closing remarks in support of SB 19-049. Various committee members provided their positions on the bill.



03:51:16 PM
Motion Refer Senate Bill 19-049, as amended, to the Committee of the Whole.
Moved Soper
Seconded Herod
Benavidez Yes
Bockenfeld Yes
Carver Yes
Galindo Yes
Gonzales-Gutierrez Yes
McKean Yes
Roberts Yes
Soper Yes
Tipper Yes
Herod Yes
Weissman Yes
Final YES: 11   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB19-071 - Referred to the Committee of the Whole


03:51:42 PM  

The committee recessed.

03:59:44 PM  

The committee returned to order. Representative Roberts, prime sponsor, presented Senate Bill 19-071, concerning the admission of out-of-court statements of a child.  Representative Roberts explained the effect of the bill and discussed its need. The following persons testified regarding SB 19-071:

Mr. Mike Petrash, representing the Boulder District Attorney's Office, testified in support of the bill.

Mr. Blake Harrison, representing Denver District Attorney Beth McCann, testified in support of the bill. Mr. Harrison explained the function of a forensic interviewer.

Ms. Evie Hudak, representing Colorado PTA, testified in support of the bill. Discussion ensued regarding potential conflicts with the bill and the confrontation clause of the Sixth Amendment of the U.S. Constitution. Mr. Harrison responded to questions regarding how law enforcement may be involved in a child hearsay exception. Representative Roberts responded to questions regarding the position of certain stakeholders on the bill.

Ms. Amanda Gall, representing the Colorado District Attorneys' Council, made herself available to answer questions on the bill. Ms. Gall responded to questions regarding age restrictions in the bill.



04:27:24 PM
Motion Refer Senate Bill 19-071 to the Committee of the Whole.
Moved Roberts
Seconded Soper
Benavidez Yes
Bockenfeld Yes
Carver Yes
Galindo Yes
Gonzales-Gutierrez Yes
McKean Yes
Roberts Yes
Soper Yes
Tipper Yes
Herod Yes
Weissman Yes
Final YES: 11   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS


04:27:36 PM   The committee adjourned.