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H_JUD_2019A 03/07/2019 01:35:42 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON JUDICIARY
Date 03/07/2019
Attendance
Benavidez X
Bockenfeld X
Carver X
Galindo X
Gonzales-Gutierrez X
McKean *
Roberts X
Soper X
Tipper X
Herod X
Weissman X
Time 01:35:42 PM to 06:55:01 PM
Place HCR 0112
This Meeting was called to order by Weissman
This Report was prepared by Bo Pogue
Hearing Items Action Taken
HB19-1092 Amended, referred to the Committee of the Whole
SB19-014 Postponed Indefinitely
HB19-1197 Amended, referred to the Committee of the Whole
SB19-091 Amended, referred to the Committee of the Whole

HB19-1092 - Amended, referred to the Committee of the Whole


01:36:01 PM  

The committee was called to order. A quorum was present. Representative A. Valdez, prime sponsor, presented House Bill 19-1092, concerning a prohibition on future ownership of an animal for persons convicted of animal cruelty.  The committee heard testimony on the bill at its January 31 meeting. Representative Valdez explained the effect of amendment L.005 (Attachment A), a strike-below amendment. Representative Valdez responded to questions regarding the aggravated cruelty portion of the amendment.



01:41:26 PM
Motion Adopt amendment L.005
Moved Herod
Seconded Tipper
Benavidez Yes
Bockenfeld Yes
Carver Yes
Galindo Yes
Gonzales-Gutierrez Yes
McKean Excused
Roberts Yes
Soper Yes
Tipper Yes
Herod Yes
Weissman Yes
YES: 10   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS


01:42:45 PM
Motion Refer House Bill 19-1092, as amended, to the Committee of the Whole.
Moved Roberts
Seconded Benavidez
Benavidez Yes
Bockenfeld Yes
Carver Yes
Galindo Yes
Gonzales-Gutierrez Yes
McKean Excused
Roberts Yes
Soper Yes
Tipper Yes
Herod Yes
Weissman Yes
Final YES: 10   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS



SB19-014 - Postponed Indefinitely


01:42:59 PM  

Representative Carver, prime sponsor, presented Senate Bill 19-014, concerning measures to reduce incidents of theft from retail establishments.  Representative Carver explained the effect of the bill and discussed its need. Representative Carver screened a short video.

The following persons testified regarding SB 19-014:

Mr. Chris Howes, representing the Colorado Retail Council, testified in support of the bill. Committee members received an article on the issue (Attachment B) and a fact sheet supporting the bill from the Colorado Retail Council (Attachment C). Mr. Howes noted some organizations supporting the bill. Mr. Howes responded to questions regarding current laws that criminalize retail theft.

02:00:38 PM  

Ms. Tristan Gorman, representing the Colorado Criminal Defense Bar, testified in opposition to SB 19-014. Ms. Gorman explained why the bill is not necessary because the crimes in the bill are already covered in current law.

Ms. Maureen Cain, representing the Office of the State Public Defender, testified in opposition to the bill. She explained why the bill is overly broad and duplicitous. Ms. Gorman responded to questions regarding a criminal case in which she served as defense. Ms. Cain provided her position on certain portions of the bill.

02:11:18 PM  

Ms. Sam Burney, representing the Fourth Judicial District, testified in support of SB 19-014. Ms. Burney discussed her efforts to prosecute crimes of organized theft.

Mr. Aaron Foote, representing Home Depot, testified in support of the bill. Mr. Foote discussed his work in combatting organized retail theft, and explained how the bill would help in this work.

Mr. Richard Barrett, representing Allied Universal, testified in support of the bill. Mr. Barrett discussed trends in organized retail theft, and the ability to combat these crimes under SB 19-014. Mr. Foote responded to questions regarding the ability to track illegally obtained gift cards. Discussion ensued on this point. Ms. Burney responded to questions regarding a theft ring prosecuted by her office. Mr. Barrett responded to questions regarding how retail goods returns would be handled if the bill were to pass. Discussion followed regarding how prosecution of certain activities would be different under SB 19-014 as compared to current law, and security associated with gift cards. Ms. Burney responded to questions regarding the ability to prosecute certain crimes as conspiracies.

02:51:53 PM  

Mr. Foote and Ms. Burney responded to laws similar to SB 19-014 in other states. Discussion ensued regarding the target of the bill, and its deterrent effect.

03:11:44 PM  

Mr. Zebulon Strickland, representing Albertson's Companies, testified in support of SB 19-014. Mr. Strickland discussed theft from his company's stores, and addressed issues raised during earlier discussion.

Mr. Tim Lopez, representing himself, testified in support of the bill. Mr. Lopez discussed a rise in retail theft.

03:18:33 PM  

The committee recessed.

03:27:02 PM  

The committee returned to order. The committee recessed.

03:28:42 PM  

The committee returned to order. Representative Carver explained the effect of amendment L.006 (Attachment D). Discussion ensued regarding repeat offenses under the bill.

03:39:44 PM  

Discussion ensued regarding some potential amendments to SB 19-014 on second reading.



03:43:58 PM
Motion Adopt amendment L.006.
Moved Carver
Seconded Soper
Benavidez No
Bockenfeld Yes
Carver Yes
Galindo Yes
Gonzales-Gutierrez No
McKean Yes
Roberts Yes
Soper Yes
Tipper Yes
Herod Yes
Weissman Yes
YES: 9   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS
03:44:00 PM  

Representative Carver responded to questions regarding the stakeholder process for SB 19-014. Discussion ensued regarding the merits of the amended legislation.



04:10:08 PM
Motion Refer Senate Bill 19-014, as amended, to the Committee of the Whole.
Moved Carver
Seconded Bockenfeld
Benavidez No
Bockenfeld Yes
Carver Yes
Galindo No
Gonzales-Gutierrez No
McKean Yes
Roberts Yes
Soper Yes
Tipper No
Herod No
Weissman No
YES: 5   NO: 6   EXC: 0   ABS:  0   FINAL ACTION:  FAIL


04:10:55 PM
Motion Postpone Senate Bill 19-014 indefinitely.
Moved Herod
Seconded Galindo
Benavidez Yes
Bockenfeld No
Carver No
Galindo Yes
Gonzales-Gutierrez Yes
McKean No
Roberts No
Soper No
Tipper Yes
Herod Yes
Weissman Yes
Final YES: 6   NO: 5   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB19-1197 - Amended, referred to the Committee of the Whole

04:22:58 PM  

The committee returned to order. Representatives Carver and Singer, prime sponsors, presented House Bill 19-1197, concerning restrictions on making public the personal information of government employees whose official duties involve child abuse and neglect cases.  Representative Singer provided background on the genesis of the bill, and discussed the need for the bill. Representative Carver provided additional input on the bill. Representative Singer responded to questions regarding the scope of the bill. Representative Carver responded to questions regarding the standard of behavior that triggers enforcement of the bill.

04:41:26 PM  

The following persons testified regarding HB 19-1197:

Ms. Julie Krow, representing El Paso County, testified in support of the bill. Ms. Krow discussed the rate at which case workers in the county's Department of Human Services have been threatened, and the amplification of the problem due to increased information availability.

Mr. Peter Lichtman, representing El Paso County, testified in support of the bill. Committee members received a fact sheet supporting the bill (Attachment E).

Ms. Cha'vera Jackson, representing El Paso County, testified in support of the bill. Ms. Jackson discussed her role as a case worker, and recounted an instance in which she received threats.

Ms. Samantha Harrison, representing El Paso County, testified in support of the bill. She discussed threats she has received as a case worker. Discussion ensued regarding data associated with county social work.

05:08:58 PM  

Ms. Mary Berg, representing Jefferson County, testified in support of House Bill 19-1197. Ms. Berg discussed fact patterns in which social workers are threatened. Committee members received a fact sheet supporting the bill (Attachment F).

Ms. Lauren Harvey, representing the City and County of Denver, testified in support of the bill. She discussed some threats received by Denver employees. Discussion returned to the ability to collect data on threats received by case workers.

05:18:52 PM  

Representative Carver explained the effect of amendment L.005 (Attachment G).



05:24:45 PM
Motion Adopt amendment L.005
Moved Carver
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


05:26:13 PM
Motion Adopt amendment L.006
Moved Carver
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
05:26:15 PM  

Representative Carver explained the effect of amendment L.006 (Attachment H).

05:26:20 PM  

Representatives Singer and Carver provided closing remarks in support of HB 19-1197.



05:32:18 PM
Motion Refer House Bill 19-1197, as amended, to the Committee of the Whole.
Moved Carver
Seconded Gonzales-Gutierrez
Benavidez Yes
Bockenfeld Yes
Carver Yes
Galindo Excused
Gonzales-Gutierrez Yes
McKean Yes
Roberts Yes
Soper Yes
Tipper Yes
Herod Yes
Weissman Yes
Final YES: 10   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS



SB19-091 - Amended, referred to the Committee of the Whole


05:32:32 PM  

The committee recessed.

05:38:10 PM  

Representative Singer, prime sponsor, presented Senate Bill 19-091, concerning support of peace officers involved in a use of force incident.  Representative Singer explained the effect of the bill and discussed its need.  Representative Singer responded to committee questions.

05:57:49 PM  

Representative Singer continued to respond to committee questions regarding the stakeholder process that resulted in SB 19-091. The following persons testified regarding SB 19-091:

Mr. John Nicoletti, representing himself, testified in support of the bill. Mr. Nicoletti discussed the effects of traumatic events on police.

Chief Paul Pazen, representing the Denver Police Department, testified in support of the bill.

Mr. Tim Lopez, representing himself, testified in support of the bill. He discussed trauma experienced by law enforcement officers.

Mr. Sean Harper, representing the Fraternal Order of Police, testified in support of the bill.

Sergeant Mike Honn, representing the Colorado State Patrol, testified in support of the bill. Discussion ensued regarding the need for a state law to direct local governments to abide by the bill's provisions, and funding issues associated with the bill.

06:30:03 PM  

Discussion continued regarding the use of grant funds under SB 19-091. Discussion followed regarding a specific evaluation requirement in the bill.

06:44:35 PM  

Representative Singer explained the effect of amendment L.003 (Attachment I).



06:47:04 PM
Motion Adopt amendment L.003
Moved Roberts
Seconded Gonzales-Gutierrez
Benavidez No
Bockenfeld Yes
Carver Yes
Galindo Excused
Gonzales-Gutierrez Yes
McKean Yes
Roberts Yes
Soper Yes
Tipper Yes
Herod Yes
Weissman Yes
YES: 9   NO: 1   EXC: 1   ABS:  0   FINAL ACTION:  PASS


06:49:39 PM
Motion Adopt conceptual amendment to remove paragraphs (c) and (d) of the legislative declaration.
Moved Herod
Seconded Tipper
Benavidez
Bockenfeld
Carver
Galindo Excused
Gonzales-Gutierrez
McKean
Roberts
Soper
Tipper
Herod
Weissman
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection


06:54:39 PM
Motion Refer Senate Bill 19-091, as amended, to the Committee of the Whole.
Moved Soper
Seconded Carver
Benavidez No
Bockenfeld No
Carver Yes
Galindo Excused
Gonzales-Gutierrez Yes
McKean Yes
Roberts Yes
Soper Yes
Tipper Yes
Herod Yes
Weissman Yes
Final YES: 8   NO: 2   EXC: 1   ABS:  0   FINAL ACTION:  PASS


06:55:01 PM   The committee adjourned.