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H_JUD_2019A 03/21/2019 01:36:54 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON JUDICIARY
Date 03/21/2019
Attendance
Benavidez *
Bockenfeld X
Carver X
Galindo *
Gonzales-Gutierrez *
McKean X
Roberts X
Soper X
Tipper *
Herod X
Weissman X
Time 01:36:54 PM to 03:41:42 PM
Place HCR 0112
This Meeting was called to order by Weissman
This Report was prepared by Bo Pogue
Hearing Items Action Taken
HB19-1250 Amended, referred to House Appropriations
HB19-1219 Amended, referred to the Committee of the Whole
SB19-168 Referred to House Legal Services

HB19-1250 - Amended, referred to House Appropriations


01:37:10 PM  

The committee was called to order. A quorum was present. Representative Herod, prime sponsor, presented House Bill 19-1250, concerning sex offenses committed by a peace officer.  Representative Herod explained the effect of the bill and discussed its need. Representative Herod responded to questions regarding the genesis of the legislation, and the removal of consent as a defense by the bill. Committee members received amendment L.002 (Attachment A). The following person testified regarding HB 19-1250:

Ms. Amanda Gall, representing the Colorado District Attorneys' Council, made herself available to answer questions about the bill. Ms. Gall responded to questions regarding how the behavior targeted by the bill is prosecuted under current law, and the specific criminal activity outlined by the bill. Discussion returned to laws currently in place that address the behavior targeted by the bill. Ms. Gall responded to further questions regarding the placing of those in violation of the bill on the sex offender registry. Discussion returned to the circumstances that trigger prosecution under HB 19-1250. Discussion ensued regarding amendment L.002.

02:06:02 PM  

Discussion continued regarding the removal of consent as a defense by HB 19-1250. Discussion again returned to prosecution of the behavior targeted by the bill under current law.  Discussion ensued regarding the placement of those who violate the bill under lifetime supervision.  Discussion followed regarding various fact patterns that would result in prosecution under HB 19-1250.

02:43:19 PM  

Discussion continued regarding fact patterns that would result in prosecution under HB 19-1250.

02:54:06 PM  

Representative Herod explained the effect of amendment L.002.



02:55:42 PM
Motion Adopt amendment L.002
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
02:55:44 PM  

Representative Herod provided closing remarks in support of HB 19-1250. Various committee members provided their positions on the bill.



03:06:30 PM
Motion Refer House Bill 19-1250, as amended, to the Committee on Appropriations.
Moved Herod
Seconded Weissman
Benavidez Yes
Bockenfeld No
Carver Yes
Galindo Yes
Gonzales-Gutierrez Yes
McKean No
Roberts Yes
Soper Yes
Tipper Yes
Herod Yes
Weissman Yes
Final YES: 9   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB19-1219 - Amended, referred to the Committee of the Whole


03:06:42 PM  

The committee recessed.

03:14:14 PM  

The committee returned to order. Representative Gonzales-Gutierrez, prime sponsor, presented House Bill 19-1219, concerning modernization of the permanency hearing statutes.  Representative Gonzales-Gutierrez explained the effect of the bill and discussed its need.

03:17:45 PM  

The following persons testified regarding HB 19-1219:

Ms. Minna Castillo-Cohen, representing the Department of Human Services, testified in support of the bill.

Ms. Korey Elger, representing the Department of Human Services, testified in support of the bill.

Ms. Ashley Chase, representing the Office of the Child's Representative, testified in support of the bill. She provided clarification on the effect of some of the bill's provisions, and the source of bill language.

Ms. Jennifer Mullenbach, representing Jefferson County, testified in support of the bill.

Ms. Ruchi Kapoor, representing the Office of the Respondent Parents' Council, testified in support of the bill. Discussion ensued regarding the bill's impact on the custody of children with relatives willing to take custody, and the number of cases that might be impacted by the bill.

03:35:16 PM  

Representative Gonzales-Gutierrez explained the effect of amendment L.001 (Attachment B).



03:36:22 PM
Motion Adopt amendment L.001
Moved Gonzales-Gutierrez
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
03:36:25 PM  

Representative Gonzales-Gutierrez provided closing remarks in support of HB 19-1219. She responded to questions regarding the positions of stakeholders on the bill.



03:38:51 PM
Motion Refer House Bill 19-1219, as amended, to the Committee of the Whole.
Moved Gonzales-Gutierrez
Seconded McKean
Benavidez Yes
Bockenfeld Yes
Carver Yes
Galindo Yes
Gonzales-Gutierrez Yes
McKean Yes
Roberts Yes
Soper Excused
Tipper Yes
Herod Yes
Weissman Yes
Final YES: 10   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS



SB19-168 - Referred to House Legal Services


03:39:15 PM  

Representative Weissman explained why Senate Bill 19-168, concerning implementation of the recommendations of the Committee on Legal Services in connection with legislative review of rules of state agencies, is to be reviewed by the Committee on Legal Services.



03:41:26 PM
Motion Refer Senate Bill 19-168 to the Committee on Legal Services.
Moved Weissman
Seconded Herod
Benavidez Yes
Bockenfeld Yes
Carver Yes
Galindo Yes
Gonzales-Gutierrez Excused
McKean Yes
Roberts Yes
Soper Excused
Tipper Yes
Herod Yes
Weissman Yes
Final YES: 9   NO: 0   EXC: 2   ABS:  0   FINAL ACTION:  PASS


03:41:42 PM   The committee adjourned.