H_JUD_2019A 04/11/2019 01:46:13 PM Committee Summary

The committee was called to order. A quorum was present. Representatives Weissman and Soper, prime sponsors, presented House Bill 19-1275, concerning increased eligibility for the sealing of criminal justice records by individuals who are not under supervision.  Representative Soper explained the effect of the bill and discussed its need. Committee members received a chart outlining the statutory changes made by the bill (Attachment A), the abstract of an article on records sealing and employment (Attachment B), and an historic copy of the statutes amended by the bill (Attachment C).  Representative Weissman provided additional input on the effect of the bill.

The following persons testified regarding HB 19-1275:

Mr. Dan Kay, representing the Colorado Criminal Defense Bar and the Colorado Bar Association, testified in support of the bill. Mr. Kay discussed the impacts associated with felony convictions for individuals whose criminal records are open to the public, and posed a question about plea agreements.

Ms. Adie Teodorovic, representing the Colorado Criminal Defense Bar and Colorado Criminal Defense Institute, testified in support of the bill. Ms. Teodorovic discussed long-term consequences for those with criminal convictions, and the reasons why defendants agree to plea deals.

Ms. Heather McBroom, representing herself, testified in support of the bill. Ms. McBroom discussed the impact on her life of having a criminal record.

Ms. Tristan Gorman, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Gorman read the testimony of someone whose daughter has a criminal record. Ms. McBroom responded to questions regarding her criminal records. Discussion ensued regarding the amount of time that should elapse before criminal records may be sealed, and the crimes affected by the bill.

Discussion continued regarding the crimes for which record sealing is affected by HB 19-1275.

Mr. Jonathan McMillan, representing My Brother's Keeper, testified in support of the bill. He discussed his background, and the circumstances under which individuals gain criminal records. He discussed the burdens of having a criminal record.

Mr. Jack Regenbogen, representing the Colorado Center on Law and Policy, testified in support of the bill. Committee members received a fact sheet supporting the bill (Attachment D). Mr. Regenbogen discussed the impact of a criminal record on the ability of individuals to gain employment.

Ms. Molly Bowers, representing Focus Reentry, testified in support of the bill. Ms. Bowers discussed the circumstances under which people gain criminal records, and the process of seeking to have one's criminal records sealed.

Ms. Jill Wildenberg, representing the Interfaith Alliance of Colorado, testified in support of the bill. Ms. Wildenberg read a statement.

Mr. Art Way, representing the Drug Policy Alliance, testified in support of the bill. Mr. Way discussed the barriers created by criminal records, and suggested some potential amendments to the bill. He spoke in support of records expungement.  Mr. McMillan responded to questions regarding efforts to have his records sealed. Discussion returned to the crimes covered by the bill. Mr. Way responded to questions regarding his position on expungement.

Ms. Cheryl Wilson, representing herself, testified in support of the bill. Ms. Wilson discussed her daughter's involvement in the criminal justice system.

Ms. Emily Tofte Nestaval, representing the Rocky Mountain Victim Law Center, testified in opposition of the bill. She discussed the harm that may come to victims as a result of the bill.

Mr. Fran Lanzer, representing Mothers Against Drunk Driving, testified in opposition to the bill. Mr. Lanzer explained that the bill goes too far.

Ms. Allison Boyd, representing the Colorado Organization for Victim Assistance, testified in opposition to the bill. She explained that the bill is unjust for victims and employers.

Ms. Marsha Willis, representing the Colorado Organization for Victim Assistance, testified in opposition to the bill. Ms. Willis discussed the loss of her son due to the crime of another, and suggested an alternative to record sealing. Discussion ensued regarding the stakeholder process in crafting HB 19-1275, and the circumstances under which record sealing is acceptable.

Ms. Maureen Cain representing the Office of the State Public Defender, testified in support of HB 19-1275. Ms. Cain discussed the history of record sealing law, and recidivism risk.  Ms. Cain responded to questions.

Mr. Tim Lane, representing the Colorado District Attorneys' Council, made himself available to answer questions on HB 19-1275.  Mr. Lane responded to questions regarding certain crimes subject to the bill. Ms. Cain responded to questions regarding record sealing for certain categories of crime. Mr. Lane responded to questions regarding the position of the Colorado District Attorneys' Council on the bill, and potential amendments to the bill. Discussion ensued regarding certain language in the bill.

Representatives Soper and Weissman made some concluding remarks on HB 19-1275. The chair laid the bill over.

The committee recessed.

The committee returned to order. Representatives Tipper and McKean, prime sponsors, presented Senate Bill 19-201, concerning the creation of a process by which certain parties to an adverse health care incident may discuss potential outcomes.  Representative Tipper explained the effect of the bill and discussed its need. Representative McKean provided input on the bill's merits.

The following people testified regarding SB 19-201:

Mr. Jim Leventhal, representing himself, testified in opposition to the bill. He explained how the bill shields certain persons from liability. Committee members received two studies on malpractice (Attachments E and F), and an article on physician misbehavior (G). Mr. Leventhal responded to questions.

Mr. David Woodruff, representing himself and the Colorado Trial Lawyers Association, testified in support of SB 19-201. Mr. Woodruff addressed claims made during earlier testimony.

Dr. Wilson Pace, representing the Colorado Association of Family Physicians and the Colorado Medical Society, testified in support of the bill. Dr. Pace recounted an instance of medical malpractice, and explained how the bill might have brought some resolution. He also discussed the successes of a program in another jurisdiction engaging the practices facilitated by the bill.

Dr. Jean Martin, representing COPIC, testified in support of the bill. Ms. Martin provided further insight on the effect of the bill, and addressed questions that have arisen since the bill passed through the Senate.

Ms. Patty Skolnik, representing Citizens for Patient Safety, testified in support of the bill.  Ms. Skolnik discussed the loss of her son to unnecessary surgery, and legislation that was inspired by this loss. She also provided further input on the effect of the SB 19-201. Discussion ensued regarding claims about the bill made during earlier discussion.

No amendments were offered to SB 19-201. Representatives Tipper and McKean provided closing remarks in support of the bill. Various committee members provided their positions on the bill.

The committee recessed.

The committee returned to order. Representatives D. Valdez and Will, prime sponsors, presented House Bill 19-1304, concerning the death reimbursement paid by an agency that provides public assistance for the final disposition of a deceased indigent person.  Discussion ensued regarding the fiscal impact of the bill. The following person testified regarding HB 19-1304:

Mr. Eric Bergman, representing Colorado Counties, Inc., testified in support of the bill. Committee members received a fact sheet supporting the bill (Attachment H).  Mr. Bergman explained the need for the legislation. Mr. Bergman responded to questions regarding the reimbursement process for counties for final disposition. Mr. Chris Creighton, Legislative Council Staff, provided input on the issue, and discussed the source of funding for the bill's programming.

No amendments were offered to HB 19-1304. The sponsors provided closing remarks in support of the bill.

Representative D. Valdez, prime sponsor, presented Senate Bill 19-027, concerning authorization for a county to use any lawful method to give final disposition to an unclaimed dead body.  The committee heard testimony on the bill, and amended the bill, at its February 5 meeting.

Representatives Will and D. Valdez, prime sponsors, presented House Bill 19-1303, concerning a grant of immunity from liability for a landownder related to the landowner's failure to warn against a known dangerous condition on the landowner's land when the landowner granted a person access to use the land for recreational purposes without charging the person.  Representative Will explained the effect of the bill and discussed its need. He explained his request to have the bill postponed indefinitely. Representative Valdez provided additional input.