H_JUD_2021A 03/02/2021 01:33:06 PM Committee Summary PUBLICSTAFF SUMMARY OF MEETINGHOUSE COMMITTEE ON JUDICIARY Date 03/02/2021 Attendance Bacon X Benavidez X Bockenfeld X Carver X Daugherty X Luck X Lynch X Roberts X Woodrow * Tipper X Weissman X Time 01:33:06 PM to 06:00:45 PM Place HCR 0107 This Meeting was called to order by Weissman This Report was prepared by Bo Pogue Hearing Items Action Taken hHB21-1107 Amended, referred to the Committee of the Whole hHB21-1015 Amended, referred to the Committee of the Whole hHB21-1069 Referred to House Finance HB21-1107 - Amended, referred to the Committee of the Whole 01:33:19 PM The committee was called to order. A quorum was present. Representatives Caraveo and Carver, prime sponsors, presented House Bill 21-1107, concerning the Representative Caraveo explained the effect of the bill and discussed its need. Representative Carver provided additional input on the merits of the bill. Representative Carver responded to questions regarding the efficacy of the bill, and the time frame of information removal under the bill. 01:46:31 PM The following persons testified regarding HB 21-1107: Matthew Hoyt, representing Gunnison County, testified in support of the bill. 01:50:39 PM Susan Wheelan, representing El Paso County Public Health, testified in support of the bill. 01:55:49 PM John Douglas, representing the Tri-County Health Department, testified in support of HB 21-1107. Dr. Douglas responded to questions regarding the population served by Tri-County Health, and the impact of threats on his agency. 02:02:18 PM Beth Melton, representing Counties and Commissioners Acting Together and Colorado Counties, Inc., testified in support of the bill. 02:06:05 PM Grace Thorvilson, representing Colorado Immunization Advocates, testified in support of the bill. 02:08:03 PM Jonathan Houck, representing Gunnison County, testified in support of HB 21-1107. 02:12:24 PM Liane Jollon, representing San Juan Basin Public Health, testified in support of the bill. 02:16:35 PM Meagan Hillman, representing the Colorado Association of Local Public Health Officials, testified in support of HB 21-1107. 02:20:01 PM Emma Pinter, representing herself, testified in support of the bill. 02:23:03 PM Richard Orf, representing the Associated Governments of Northwest Colorado, testified in support of HB 21-1107. 02:24:29 PM Tim Lane, representing the Colorado District Attorneys' Council, testified in support of the bill. He addressed questions raised during earlier discussion. Representative Carver assisted in responding to these questions. 02:36:20 PM Representative Carver explained the effect of amendment L.001. 02:36:48 PM Motion Adopt amendment L.001 Moved Carver Seconded Woodrow Bacon Benavidez Bockenfeld Carver Daugherty Luck Lynch Roberts Woodrow Tipper Weissman YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 02:36:50 PM The bill sponsors provided closing remarks in support of HB 21-1107. Various committee members discussed their positions on the bill. 02:40:19 PM Motion Refer House Bill 21-1107, as amended, to the Committee of the Whole. Moved Carver Seconded Tipper Bacon Yes Benavidez Yes Bockenfeld Yes Carver Yes Daugherty Yes Luck Yes Lynch Yes Roberts Yes Woodrow Yes Tipper Yes Weissman Yes Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS HB21-1015 - Amended, referred to the Committee of the Whole 02:40:32 PM Representatives Carver and Tipper, prime sponsors, presented House Bill 21-1015, concerning security protections for certain criminal justice system personnel. Representative Carver explained the effect of the bill and discussed its need. Representative Tipper provided additional input on the bill. 02:45:07 PM The following persons testified regarding HB 21-1015: Sherrie Daigle, representing the Department of Corrections, testified in support of HB 21-1015. Discussion ensued regarding how the examples of harassment provided by Ms. Daigle would be treated by the bill. 03:16:09 PM Discussion continued regarding how HB 21-1015 is germane to the anecdotes provided by Ms. Daigle. Representative Carver responded to questions regarding including family members of officials within the scope of the bill. Representative Tipper read some written testimony. 03:24:40 PM Representative Tipper explained the effect of amendment L.001. 03:26:56 PM Motion Adopt amendment L.001 Moved Tipper Seconded Carver Bacon Benavidez Bockenfeld Carver Daugherty Luck Lynch Roberts Woodrow Tipper Weissman YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 03:26:58 PM The bill sponsors presented closing remarks in support of HB 21-1015. 03:29:00 PM Motion Refer House Bill 21-1015, as amended, to the Committee of the Whole. Moved Carver Seconded Tipper Bacon Yes Benavidez Yes Bockenfeld Yes Carver Yes Daugherty Yes Luck Yes Lynch Yes Roberts Yes Woodrow Yes Tipper Yes Weissman Yes Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS HB21-1069 - Referred to House Finance 03:29:12 PM The committee recessed. 03:38:11 PM The committee returned to order. Representatives Roberts and Carver, prime sponsors, presented House Bill 21-1069, concerning enhancing the enforcement of crimes of sexual exploitation. Representative Roberts explained the effect of the bill and discussed its need. Representative Carver provided additional input on the merits of the legislation. Discussion ensued regarding certain language stricken by the bill. 03:44:31 PM The following persons testified regarding HB 21-1069: Maureen Cain, representing the Office of the State Public Defender, testified on the bill from an "amend" position. 03:52:07 PM Laurie Kepros, representing the Office of the State Public Defender and the Colorado Criminal Defense Bar, testified in opposition to the bill. 03:52:21 PM Discussion ensued regarding the effect of charging a separate felony per item of explicit material under the bill on plea bargaining, and certain jurisprudence that may impact HB 21-1069. Ms. Kepros responded to questions regarding the number of felonies that she has seen filed in a particular case for the conduct addressed by the bill. 04:10:51 PM Michael Bauman, representing the El Paso County Sheriff's Office, testified in support of HB 21-1069. 04:17:00 PM Patrick Gallagher, representing the El Paso County Sheriff's Office, testified in support of the bill. 04:20:12 PM Amanda Gall, representing the First Judicial District Attorney, testified in support of the bill. Ms. Gall responded to questions regarding arrest statistics that relate to the bill, and the striking of certain language pertaining to volume of explicit materials by the bill. Ms. Gall responded to further questions regarding how certain fact patterns might be treated under HB 21-1069. 04:51:29 PM Discussion ensued regarding potentially expanding the scope of HB 21-1069 to include sexually exploitative audio, and the potential for the bill to result in disparate impact. The committee recessed. 05:05:36 PM The committee returned to order. Discussion ensued regarding surcharges levied under HB 21-1069. Discussion returned to levying charges per explicit image under the bill. 05:21:43 PM Brian Hardwin, representing the Eighth Judicial District, testified in support of HB 21-1069. Mr. Hardwin responded to questions regarding to difficulties prosecutors encounter in levying child pornography charges based upon technology. 05:33:11 PM Christian Mohr, representing the Colorado Bureau of Investigation, made himself available to answer questions, of which there were none. 05:35:01 PM The committee recessed. 05:45:18 PM The committee returned to order. No amendments were offered to HB 21-1069. The bill sponsors provided closing remarks in support of the bill. 06:00:37 PM Motion Refer House Bill 21-1069 to the Committee on Finance. Moved Roberts Seconded Carver Bacon Yes Benavidez No Bockenfeld Yes Carver Yes Daugherty Yes Luck Yes Lynch Yes Roberts Yes Woodrow Yes Tipper Yes Weissman Yes Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS 06:00:45 PM The committee adjourned.