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H_JUD_2019A 04/23/2019 01:36:01 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON JUDICIARY
Date 04/23/2019
Attendance
Benavidez *
Bockenfeld X
Carver X
Galindo *
Gonzales-Gutierrez *
McKean *
Roberts X
Soper *
Tipper X
Herod X
Weissman X
X = Present, E = Excused, A = Absent, * = Present after roll call
Time 01:36:01 PM to 05:00:57 PM
Place HCR 0112
This Meeting was called to order by Representative Weissman
This Report was prepared by Bo Pogue
Hearing Items Action Taken
SB19-172 Committee Discussion Only
SB19-036 Referred to House Appropriations
HB19-1324 Referred to the Committee of the Whole
SB19-165 Referred to House Appropriations
SB19-136 Referred to House Appropriations
SB19-030 Referred to House Appropriations

SB19-172 - Committee Discussion Only


01:36:47 PM  

The committee was called to order.  A quorum was present.  The chair laid over Senate Bill 19-172 to a future meeting.



HB19-1324 - Committee Discussion Only


01:37:26 PM  

The chair laid over House Bill 19-1324 until later in the meeting.



SB19-036 - Referred to House Appropriations


01:39:11 PM  

Representatives Benavidez and Carver, prime sponsors, presented Senate Bill 19-036, concerning requiring the state court administrator to administer a program to remind criminal defendants to appear in court as scheduled. Representative Benavidez explained the effect of the bill and discussed its need. Representative Carver provided additional input on the bill. Discussion ensued regarding the scope of programming created under the bill, and reporting requirements. Discussion followed regarding the need for the program.

01:49:46 PM  

The following persons testified regarding SB 19-036:

Mr. Michael Neil, representing the Colorado Cross Disability Coalition, testified in support of the bill.

Ms. Denise Maes, representing the ACLU, testified in support of the bill. She discussed the benefits of the bill in terms of jail overcrowding.

Ms. Elisabeth Epps, representing the Colorado Freedom Fund, testified in support of the bill. Ms. Epps related that those facing a court date are most in need of a ride and a court reminder. She addressed questions raised during earlier testimony.

Ms. Rebecca Wallace, representing the ACLU, testified in support of the bill. Committee members received a fact sheet supporting the bill (Attachment A). She explained why a court reminder program is needed at the state level.

Mr. Chris Ryan, representing the Judicial Department, testified in support of the bill. He addressed issues raised during earlier discussion. Discussion ensued regarding the bill's reporting requirements, and various legislative efforts seeking to reduce jail overcrowding. Discussion followed regarding the scope and cost of the bill's pilot programming, and the technology platform used for the programming.

02:15:35 PM  

The committee discussed the merits of SB 19-036.



02:21:06 PM
Motion Refer Senate Bill 19-036 to the Committee on Appropriations.
Moved Carver
Seconded Benavidez
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



HB19-1324 - Referred to the Committee of the Whole


02:21:23 PM  

Representatives Cutter and Bird, prime sponsors, presented House Bill 19-1324, concerning motions to dismiss certain civil actions involving constitutional rights.  The sponsors explained the effect of the bill and discussed its need. Committee members received a fact sheet supporting the bill (Attachment B). Discussion ensued regarding the need for the legislation.

02:30:58 PM  

The following persons testified regarding HB 19-1324:

Mr. Pete Kolbenschlag, representing himself, testified in support of the bill. He discussed a suit filed against him for certain comments he had made.

Mr. Steve Zansberg, representing the Colorado Press Association and Colorado Broadcasters Association, testified in support of the bill. He discussed certain frivolous lawsuits.

Ms. Suzanne Kent, representing herself, testified in support of the bill. Ms. Kent recounted a suit filed against her and some associates, and discussed the need for the bill. Mr. Zansberg responded to questions regarding certain terms in the bill, and how the bill interacts with current law. Discussion ensued regarding laws similar to HB 19-1324 in other states, and how the bill will operate in a court of law.

02:59:46 PM  

Mr. Jeremy Smith, representing the Colorado Civil Justice League, testified in support of the bill. He discussed some lawsuits that he has litigated.

Mr. Christopher Cleary, representing himself, testified in support of the bill. Mr. Cleary discussed a censorious lawsuit filed against him.

Ms. Helen Griffiths, representing the ACLU, testified in support of the bill. She discussed the impact of SLAPP suits.

03:08:03 PM  

Mr. Eric Sutherland, representing himself, testified in support of HB 19-1324. Mr. Sutherland discussed a lawsuit filed against him, and addressed questions raised during earlier testimony.

Ms. Karen Kalavity, representing herself, testified in support of the bill. She discussed a lawsuit filed against her family.

Ms. Leslie Weise, representing herself, testified in support of the bill. Ms. Weise discussed an intimidation campaign launched against her. Mr. Sutherland responded to questions regarding concerns he raised about the bill.

03:23:32 PM  

Mr. Phillip Doe, representing himself, testified in support of the bill. He discussed threats of lawsuits leveled at him and a nonprofit organization he founded.

03:27:22 PM  

The committee recessed.

03:28:39 PM  

The committee returned to order. No amendments were offered to HB 19-1324. The committee and sponsors discussed the merits of the bill.



03:35:13 PM
Motion Refer House Bill 19-1324 to the Committee of the Whole.
Moved Herod
Seconded Gonzales-Gutierrez
Benavidez Yes
Bockenfeld No
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



SB19-165 - Referred to House Appropriations


03:35:28 PM  

Representative Ransom, a co-prime sponsor, presented Senate Bill 19-165, concerning an expansion of the pilot program in the Division of Youth Services.  Representative Ransom explained the effect of the bill and discussed its need. Representative Ransom responded to questions regarding the impact of the bill in terms of alleviating the Parole Board's caseload, and the experience of the board members to be added. Discussion ensued regarding potential amendments to the bill.

03:50:45 PM  

No one testified regarding SB 19-165, and no amendments were offered to the bill.



03:53:36 PM
Motion Refer Senate Bill 19-165 to the Committee on Appropriations.
Moved Herod
Seconded Tipper
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



SB19-136 - Referred to House Appropriations


03:53:54 PM  

Representative Gonzales-Gutierrez, prime sponsor, presented Senate Bill 19-136, concerning an expansion of the pilot program in the Division of Youth Services (DYS).  Representative Gonzales-Gutierrez explained the effect of the bill and discussed its need.

03:57:03 PM  

The following persons testified regarding SB 19-136:

Mr. Anders Jacobson, representing the Department of Human Services, testified on the bill from a neutral position. He provided an update on the operation of the current pilot program.

Ms. Rebecca Wallace, representing the ACLU, testified in support of the bill. Discussion ensued regarding the "Missouri model," and the implications of expanding the pilot program. Mr. Jacobson responded to questions regarding staffing within DYS. Ms. Wallace provided input on the use of certain tactics within DYS.

04:14:02 PM  

No amendments were offered to SB 19-136. Representative Gonzales-Gutierrez provided closing remarks in support of the bill. Various committee members commented on the legislation.



04:17:56 PM
Motion Refer Senate Bill 19-136 to the Committee on Appropriations.
Moved Gonzales-Gutierrez
Seconded McKean
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



SB19-030 - Referred to House Appropriations


04:18:09 PM  

Representative Tipper, prime sponsor, presented Senate Bill 19-030, concerning a remedy for improperly entered guilty pleas. Representative Tipper explained the effect of the bill and discussed its need.

04:28:30 PM  

The following persons testified regarding SB 19-030:

Mr. Eric Johnson, representing himself, testified in support of the bill. Mr. Johnson discussed a U.S. Supreme Court case expounded upon by the sponsor, and the circumstances under which the bill's provisions would be used.

Mr. Hans Meyer, representing the Colorado Criminal Defense Bar, testified in support of the bill. He discussed the outcome of litigation in which he participated.

Mr. Robert Russell, representing the Denver District Attorney's Office, testified in support of the bill.

Mr. Aaron Hall, representing himself, testified in support of the bill. Mr. Hall discussed a typical case he handles as an immigration lawyer. Discussion ensued regarding what constitutes an unconstitutionally entered guilty plea.

04:41:09 PM  

Ms. Tristan Gorman, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Gorman explained the need for the bill from the defense perspective.

Ms. Kristi Englekirk, representing herself, testified in support of the bill. Ms. Englekirk discussed her research on advisements on deferred judgements and implications for noncitizens.

Ms. Erica Cano, representing herself, testified in support of the bill. Ms. Cano discussed her husband's potential loss of citizenship as a result of a deferred judgement, and the impact on her family.

04:52:07 PM  
No amendments were offered to SB 19-030. Representative Tipper provided closing remarks in support of the bill. The committee discussed the merits of the bill.


05:00:26 PM
Motion Refer Senate Bill 19-030 to the Committee on Appropriations.
Moved Tipper
Seconded Galindo
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


05:00:57 PM   The committee adjourned.






The House and Senate are temporarily adjourned.  The building is closed to the public.

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