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H_JUD_2019A 04/16/2019 01:34:24 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON JUDICIARY
Date 04/16/2019
Attendance
Benavidez X
Bockenfeld X
Carver X
Galindo X
Gonzales-Gutierrez X
McKean X
Roberts X
Soper X
Tipper *
Herod X
Weissman X
X = Present, E = Excused, A = Absent, * = Present after roll call
Time 01:34:24 PM to 08:07:10 PM
Place HCR 0112
This Meeting was called to order by Representative Weissman
This Report was prepared by Bo Pogue
Hearing Items Action Taken
HB19-1275 Amended, referred to House Finance
SB19-012 Postponed Indefinitely
SB19-185 Referred to the Committee of the Whole
HB19-1310 Amended, referred to House Appropriations
HB19-1315 Amended, referred to the Committee of the Whole
HB19-1297 Amended, referred to House Appropriations

HB19-1275 - Amended, referred to House Finance

01:39:28 PM  

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.  The committee heard testimony on the bill at its April 11 meeting.  The committee considered amendments L.015 (Attachment A), L.016 (Attachment B), L.017 (Attachment C), L.019 (Attachment D), and L.021 (Attachment E).



01:39:38 PM
Motion Adopt amendment L.015
Moved Soper
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


01:40:44 PM
Motion Adopt amendment L.017
Moved Weissman
Seconded Soper
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


01:41:19 PM
Motion Adopt amendment L.016
Moved Weissman
Seconded Soper
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


01:42:32 PM
Motion Adopt amendment L.021
Moved Weissman
Seconded Soper
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


01:44:44 PM
Motion Adopt amendment L.019, severed section B, page 1, lines 1 through 10 and lines 15 through 29.
Moved Weissman
Seconded Soper
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
01:44:48 PM  

Representatives Soper and Weissman provided closing remarks in support of HB 19-1275. The committee discussed the amendments, and the merits of the bill.



01:48:31 PM
Motion Refer House Bill 19-1275, as amended, to the Committee on Finance.
Moved Soper
Seconded Weissman
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



SB19-012 - Postponed Indefinitely

01:48:42 PM  

Representative Melton, prime sponsor, presented Senate Bill 19-012, concerning the use of mobile electronic devices while driving. Representative Melton explained the effect of the bill and discussed its need.

01:55:02 PM  

The following persons testified regarding SB 19-012:

Ms. Tristan Gorman, representing the Colorado Criminal Defense Bar, testified in opposition to the bill. Ms. Gorman discussed the intersection of the bill with current careless driving laws, and the targeting of certain populations by traffic laws.

Ms. Denise Maes, representing the ACLU, testified in opposition to the bill. Ms. Maes cited statistics about distracted driving.

Ms. Christie Donner, representing the Colorado Criminal Justice Reform Coalition, testified in opposition to the bill. She discussed the effect of creating additional criminal offenses. Discussion ensued regarding a potential disparate impact resulting from distracted driving laws, some hypothetical situations, and exceptions built into the bill. Representative Melton provided input on these scenarios.

02:25:05 PM  

Mr. Michael Raber, representing Bike Jeffco, testified in support of SB 19-012. He discussed the damage caused by distracted driving.

Mr. Matthew Jacques, a student at the University of Colorado, testified in support of the bill. He discussed the reclassification of crimes by the bill, and cited statistics on distracted driving.

Mr. Haven Rohnert, representing the Colorado Cross Disability Coalition, testified in support of the bill. He rebutted claims made during earlier testimony.

02:33:20 PM  

Mr. Chris Moser, representing Students for Safer Roads, testified in support of the bill. A survey was entered into the record (Attachment F). Mr. Moser discussed the dangers of distracted driving.

Mr. Thomas O'Sullivan, representing Students for Safer Roads, testified in support of the bill. Mr. O'Sullivan addressed concerns raised during earlier testimony, and trends in distracted driving.

Mr. Skyler McKinley, representing AAA of Colorado, testified in support of the bill. He discussed public opinion on the use of electronic devices while driving, and rebutted earlier testimony. Mr. McKinley responded to questions regarding the potential for racial profiling as a result of the bill. Mr. O'Sullivan and Mr. Moser responded to questions regarding their aversion to using a cell phone while driving. Mr. McKinley responded to a question regarding the criminalization of behavior by the bill.

02:49:05 PM  

Mr. Jack Todd, representing Bicycle Colorado and Livewell Colorado, testified in support of HB 19-012. Mr. Todd cited statistics associated with distracted driving.

Mr. Dennis Haberstumpf, representing ABATE of Colorado, testified in support of the bill. Mr. Haberstumpf discussed the dangers of distracted driving, and addressed earlier testimony. Ms. Robye Nothnagel, representing Colorado Drive Safe, testified in support of the bill. She recounted an incident when she was injured by a distracted driver, and cited statistics associated with distracted driving.

02:59:18 PM  

Ms. Susan Dane, representing Coloradans for Responsible Driving, testified in support of SB 19-012. Ms. Dane discussed the dangers of distracted driving, and addressed claims made during earlier testimony. She entered citation statistics into the record (Attachment G).  Mr. Chris Spiriano, representing Bike Blue, testified in support of the bill. He addressed claims made during earlier testimony.

Mr. Greg Fulton, representing the Colorado Motor Carriers Association, testified in support of the bill. Mr. Fulton discussed laws governing distracted driving for motor carriers, and the dangers of distracted driving.

03:08:12 PM  

Mr. Robert Orozco, representing the Professional Private Investigators Association of Colorado, testified in support of SB 19-012. Mr. Orozco discussed dangers he faced while working on roads.

Mr. Dean Beers, representing the Professional Private Investigators Association of Colorado, testified in support of the bill.

Mr. Ryan Johnston, representing Colorado Private Investigations, testified in support of the bill. Discussion ensued regarding the exclusions contained in the bill.

03:21:25 PM  

Ms. Vivian Stovall, representing herself, testified in support of SB 19-012. She discussed being hit by cars as a result of distracted driving.

Mr. Mike Kohl, representing himself, testified in support of the bill.

03:28:39 PM  

The committee considered amendment L.014 (Attachment H).



03:29:40 PM
Motion Adopt amendment L.014
Moved Roberts
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
03:29:41 PM  

The committee considered amendment L.015 (Attachment I).



03:30:50 PM
Motion Adopt amendment L.015
Moved Roberts
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
03:31:10 PM  

The committee considered amendment L.017 (Attachment J).



03:31:21 PM
Motion Adopt amendment L.017
Moved Roberts
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
03:31:30 PM  

The committee considered amendment L.018 (Attachment K).



03:32:27 PM
Motion Adopt amendment L.018
Moved Roberts
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
03:32:30 PM  

The committee considered amendment L.019 (Attachment L).



03:33:07 PM
Motion Adopt amendment L.019
Moved Roberts
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
03:33:08 PM  
Representative Melton provided closing remarks in support of SB 19-012. The committee discussed the merits of the bill.


03:40:24 PM
Motion Refer Senate Bill 19-012, as amended, to the Committee on Appropriations.
Moved Herod
Seconded Roberts
Benavidez No
Bockenfeld No
Carver No
Galindo No
Gonzales-Gutierrez No
McKean No
Roberts Yes
Soper No
Tipper No
Herod No
Weissman No
YES: 1   NO: 10   EXC: 0   ABS:  0   FINAL ACTION:  FAIL


03:41:02 PM
Motion Postpone Senate Bill 19-012 indefinitely.
Moved Herod
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



HB19-1310 - Committee Discussion Only


03:41:19 PM  

The committee recessed.

03:53:57 PM  

The committee returned to order. Representatives Melton and Gonzales-Gutierrez, prime sponsors, presented House Bill 19-1310, concerning interest on orders of restitution.  Representative Melton explained the effect of the bill and discussed its need. Representative Gonzales-Gutierrez provided additional input on the merits of the bill.

03:59:22 PM  

The following persons testified regarding HB 19-1310:

Ms. Joy Elder, representing the Fourth Judicial District, testified in opposition to HB 19-1310. Ms. Elder discussed the lack of consideration for victims.

Ms. Allison Boyd, representing the Colorado Organization for Victim Assistance, testified in opposition to the bill. Ms. Boyd explained why the interest rate in the bill is unfair to victims.

Ms. Shannon Cropper, representing the Fourth Judicial District, testified in opposition to the bill. Ms. Cropper discussed the message sent to victims if the interest rate on restitution is lowered.

Mr. Tom Raynes, representing the Colorado District Attorneys' Council, made himself available to answer questions.

04:10:12 PM  

Ms. Terri Hurst, representing the Colorado Criminal Justice Reform Coalition, testified in support of HB 19-1310.

Ms. Hurst discussed the financial hardship visited on those with restitution orders resulting from interest charged.

Mr. Jack Regenbogen, representing the Colorado Center on Law and Policy, testified in support of the bill. Mr. Regenbogen explained that the bill addresses cycles of debt and poverty.

Ms. Tristan Gorman, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Gorman explained that the stated goal of restitution laws is expeditious payment.

Mr. Rob Lohman, representing himself, testified in support of the bill. Mr. Lohman discussed a restitution order assessed against him.

Mr. Matt Strauch, representing himself, testified in support of the bill. Mr. Strauch discussed a restitution order assessed against him. Discussion ensued regarding the orders against Mr. Lohman and Mr. Strauch.

04:40:57 PM  

Discussion continued regarding the restitution orders against Mr. Lohman and Mr. Strauch, and the intent of restitution laws.

04:59:34 PM  

The committee considered amendments L.003 (Attachment M) and L.005 (Attachment N). The chair laid over HB 19-1310. The committee recessed.



SB19-185 - Referred to the Committee of the Whole


05:07:11 PM  

The committee returned to order. Representatives Landgraf and Roberts, prime sponsors, presented Senate Bill 19-185, concerning protections for minor human trafficking victims, and, in connection therewith, requiring a post-enactment review of the implementation of the bill.  Representative Landgraf discussed the need for the legislation, and Representative Roberts explained the effect of the bill.

05:11:28 PM  

The following persons testified regarding SB 19-185:

Ms. Janet Drake, representing the Office of Attorney General, testified in support of the bill. Ms. Drake provided background on human trafficking laws in Colorado.

Ms. Lara Mullin, representing the Denver District Attorney's Office, testified in support of the bill.

Mr. Arnold Hanuman, representing the Colorado District Attorneys' Council, testified in support of the bill. Ms. Drake and Ms. Mullin responded to questions regarding enforcement of the bill's provisions, and probable cause. Ms. Drake responded to further questions regarding a refusal of subjects to accept services administered by the bill.

05:30:49 PM  

No amendments were offered to SB 19-185. Representatives Landgraf and Roberts provided closing remarks in support of the bill.



05:34:59 PM
Motion Refer Senate Bill 19-185 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



HB19-1310 - Amended, referred to House Appropriations


05:38:40 PM  

The committee revisited HB 19-1310, considering amendment L.006 (Attachment O).



05:38:46 PM
Motion Conceptual amendment to amendment L.006, Page 1, 12, strike ""order of restitution"." and substitute ""order".".
Moved Weissman
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


05:39:17 PM
Motion Adopt amendment L.006, as amended.
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
05:39:20 PM  
Representatives Melton and Gonzales-Gutierrez provided closing remarks in support of HB 19-1310. Various committee members provided their positions on the bill.


05:48:40 PM
Motion Refer House Bill 19-1310, as amended, to the Committee on Appropriations.
Moved Gonzales-Gutierrez
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
Final YES: 7   NO: 4   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB19-1315 - Amended, referred to the Committee of the Whole


05:48:59 PM  

Representatives Gonzales-Gutierrez and Michaelson Jenet, prime sponsors, presented House Bill 19-1315, concerning the admissability of statements by a juvenile.  The sponsors explained the effect of the bill and discussed its need.

05:54:45 PM  

The following persons testified regarding HB 19-1315:

Mr. Tom Raynes, representing the Colorado District Attorneys' Council, testified on the bill from a neutral position. He referenced stakeholder discussions, and explained that amendment L.006 (Attachment P) resolves certain concerns.

Ms. Rebecca Gleeson, representing the Eighteenth Judicial District, Ms. Katie Beals, representing the Fourth Judicial District, and Ms. Sheryl Berry, representing the First Judicial District, introduced themselves as neutral on the bill. Discussion ensued regarding certain concerns with the bill.

06:17:41 PM  

Ms. Anne Roan, representing the Colorado Criminal Defense Bar and the Colorado Juvenile Defense Center, testified in support of HB 19-1315. Ms. Roan discussed a Colorado Supreme Court case that gave rise to the bill.

Mr. Jake Goldstein, representing the Colorado Criminal Defense Bar, testified in support of the bill. He recounted a case where he defended a youth accused of sexual assault.

Ms. Ryann Hardman, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Hardman discussed her appeal of the case discussed by Mr. Goldstein.

Ms. Elise Logemann, representing the ACLU, testified in support of the bill. Ms. Roan responded to questions concerning jurisprudence surrounding the rights of children who have been detained for potential criminal activity, and circumstances that might invoke the provisions of the bill. Ms. Roan responded to questions regarding her position on amendment L.006. Discussion followed regarding knowledge of children about their rights when detained.

07:01:31 PM  

The committee considered amendment L.006.



07:02:30 PM
Motion Adopt amendment L.006
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
07:02:32 PM  

Representatives Michaelson Jenet and Gonzales-Gutierrez provided closing remarks in support of HB 19-1315. The committee discussed the bill's merits.



07:15:09 PM
Motion Refer House Bill 19-1315, as amended, to the Committee of the Whole.
Moved Gonzales-Gutierrez
Seconded Galindo
Benavidez Yes
Bockenfeld Yes
Carver Yes
Galindo Yes
Gonzales-Gutierrez Yes
McKean Yes
Roberts No
Soper Yes
Tipper Yes
Herod Yes
Weissman Yes
Final YES: 10   NO: 1   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB19-1297 - Amended, referred to House Appropriations

07:15:23 PM  

Representatives Weissman and McKean, prime sponsors, presented House Bill 19-1297, concerning data collection from jail facilities operated by political subdivisions of the state.  The sponsors explained the effect of the bill and discussed its need.

07:25:08 PM  

The following persons testified regarding House Bill 19-1297:

Ms. Becca Curry, representing the ACLU, testified in support of the bill. Committee members received a fact sheet supporting the bill (Attachment Q). Ms. Curry discussed the need to access accurate data on county jail populations.

Ms. Helen Griffiths, representing the ACLU, testified in support of the bill. Ms. Griffiths discussed the benefits of obtaining jail data.

Ms. Christie Donner, representing the Colorado Criminal Justice Reform Coalition, testified in support of the bill. Discussion ensued regarding the ramifications of publishing county jail data, and current data management tools.

07:48:10 PM  

The committee considered amendments L.001 (Attachment R), L.002 (Attachment S), and L.003 (Attachment T).



07:57:46 PM
Motion Conceptual amendment to amendment L.001, page 1, line 10, strike ""city, county," and substitute ""county,".
Moved Weissman
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


07:58:08 PM
Motion Adopt amendment L.001, as amended
Moved Weissman
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


08:01:00 PM
Motion Adopt amendment L.002
Moved Weissman
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


08:01:46 PM
Motion Adopt amendment L.003
Moved Weissman
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


08:03:17 PM
Motion Conceptual, page 7 or the bill, page 7, line 13, strike "A law enforcement agency". Strike lines 14 through 20.
Moved McKean
Seconded Weissman
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
08:03:20 PM  

The committee made closing remarks on HB 19-1297.



08:06:57 PM
Motion Refer House Bill 19-1297, as amended, to the Committee on Appropriations.
Moved Weissman
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


08:07:10 PM   The committee adjourned.






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