Skip to main content
Colorado General AssemblyToggle Main Menu
Agency NameToggle Agency Menu

H_JUD_2021A 04/20/2021 01:37:40 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON JUDICIARY
Date 04/20/2021
Attendance
Bacon X
Benavidez *
Bockenfeld X
Carver X
Daugherty X
Luck X
Lynch X
Roberts X
Woodrow X
Tipper X
Weissman X
Time 01:37:40 PM to 06:50:23 PM
Place Old State Library
This Meeting was called to order by Weissman
This Report was prepared by Bo Pogue
Hearing Items Action Taken
Briefing by the Sentencing Reform Task Force of the Colorado Commission on Criminal and Juvenile Justice Committee Discussion Only
HB21-1214 Amended, referred to House Finance
SB21-192 Referred to the Committee of the Whole
SB21-030 Committee Discussion Only

Briefing by the Sentencing Reform Task Force of the Colorado Commission on Criminal and Juvenile Justice - Committee Discussion Only


01:38:11 PM  
The committee was called to order. A quorum was present. Michael Dougherty, District Attorney for the Twentieth Judicial District, made a presentation on behalf of the Sentencing Reform Task Force of the Colorado Commission on Criminal and Juvenile Justice. Mr. Dougherty discussed a package of forthcoming legislative ideas that overhaul the state's criminal sentencing scheme.
02:04:05 PM  
Discussion ensued regarding the work of the task force in creating the proposed sentencing scheme. Mr. Dougherty responded to questions regarding certain misdemeanor penalty levels under the proposed sentencing scheme, and levying of fines under the scheme.
02:13:48 PM  
The committee recessed.



HB21-1214 - Amended, referred to House Finance

02:42:36 PM  

The committee returned to order. Representative Weissman, prime sponsor, presented House Bill 21-1214, concerning increased eligibility for procedures to reduce collateral sanctions experienced by defendants. Representative Weissman explained the effect of the bill and discussed its need.

02:54:43 PM  
The following persons testified regarding HB 21-1214:

Maureen Cain, representing the Office of the State Public Defender, testified in support of the bill.

Rosalie Flores, representing Expunge Colorado, testified in support of the bill.

Ms. Cain responded to questions regarding solicitation of funds by the Office of the State Public Defender and the Office of the Alternate Defense Counsel under the bill.

03:11:02 PM  
Steffan Richardson, representing Tribe Recovery Homes, testified in support of HB 21-1214.

Lucas Salas, representing the Second Chance Center, testified in support of the bill.

Jamie Ray, representing the Second Chance Center, testified in support of the bill.

Alison Butler, representing the Office of the Respondent Parents' Counsel, testified in support of the bill.

03:22:43 PM  
Sue Torfin, representing St. Andrews Episcopal Church, testified in support of HB 21-1214.

Robert Davis, representing the Interfaith Alliance of Colorado, testified in support of the bill.

Evette Lutman, representing the Interfaith Alliance of Colorado, testified in support of the bill.

Howie Close, representing the Interfaith Alliance of Colorado, testified in support of the bill.

03:37:46 PM  
Christina Yebuah, representing the Colorado Center on Law and Policy, testified in support of HB 21-1214.

Javier Mabrey, representing himself, testified in support of the bill.

Lydia Waligorski, representing Violence Free Colorado, testified in support of the bill.

Megan Ives, representing Justice Reskill, testified in support of the bill.

03:50:08 PM  
Jeremiah Mosteller, representing Americans for Prosperity, testified in support of HB 21-1214.

David Wasserman, representing himself, testified in support of the bill.

Trudy Glidden, representing the First Unitarian Society, testified in support of the bill.

Cheryl Wilson, representing herself, testified in support of the bill.

04:05:01 PM  
John Ferrugia, representing CoLab, testified in opposition to HB 21-1214.

Susan Greene, representing herself, testified in opposition to the bill.

Tim Regan-Porter, representing the Colorado Press Association, testified in opposition to the bill.

Nicole Vap, representing the Colorado Freedom of Information Coalition, testified in opposition to the bill.

Discussion ensued regarding demographic disparities in arrests and disproportionate impact resulting from availability of criminal records, and data collection on these issues. Discussion followed regarding how sealing arrest records under the bill would interfere with journalists' ability to investigate crimes.

05:00:55 PM  

John Seward, representing the University of Denver, testified in support of the bill. Mr. Seward responded to questions regarding the impact of record sealing. Denise Maes, representing the ACLU, testified in support of the bill.

05:11:12 PM  

Representative Weissman explained the effect of amendment L.001 (Attachment A).



05:13:24 PM
Motion Adopt amendment L.001
Moved Weissman
Seconded Daugherty
Bacon
Benavidez
Bockenfeld
Carver
Daugherty
Luck
Lynch
Roberts
Woodrow
Tipper
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
05:13:26 PM  

Representative Weissman explained the effect of amendment L.002 (Attachment B). Representative Carver explained the effect of amendment L.006 (Attachment C), a substitute amendment. Discussion ensued on the merits of these amendments.



05:21:55 PM
Motion Adopt amendment L.006
Moved Carver
Seconded Bockenfeld
Bacon No
Benavidez No
Bockenfeld Yes
Carver Yes
Daugherty No
Luck Yes
Lynch Yes
Roberts Excused
Woodrow No
Tipper No
Weissman No
YES: 4   NO: 6   EXC: 1   ABS:  0   FINAL ACTION:  FAIL


05:22:20 PM
Motion Adopt amendment L.002
Moved Weissman
Seconded Tipper
Bacon
Benavidez
Bockenfeld
Carver
Daugherty
Luck
Lynch
Roberts Excused
Woodrow
Tipper
Weissman
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection
05:22:23 PM  

Representative Weissman explained the effect of amendment L.003 (Attachment D).



05:24:17 PM
Motion Adopt amendment L.003
Moved Weissman
Seconded Tipper
Bacon
Benavidez
Bockenfeld
Carver
Daugherty
Luck
Lynch
Roberts Excused
Woodrow
Tipper
Weissman
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection
05:24:20 PM  

Representative Weissman explained the effect of amendment L.004 (Attachment E).



05:25:50 PM
Motion Adopt amendment L.004
Moved Weissman
Seconded Tipper
Bacon
Benavidez
Bockenfeld
Carver
Daugherty
Luck
Lynch
Roberts
Woodrow
Tipper
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
05:25:53 PM  

Representative Weissman explained the effect of amendment L.005 (Attachment F).



05:27:55 PM
Motion Adopt amendment L.005
Moved Weissman
Seconded Tipper
Bacon
Benavidez
Bockenfeld
Carver
Daugherty
Luck
Lynch
Roberts
Woodrow
Tipper
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
05:27:57 PM  
Representative Weissman provided closing remarks in support of HB 21-1214. Discussion ensued regarding the types of arrest records and convictions that would be sealed under the bill, and who would still have access to the sealed records. Discussion followed regarding potential liability issues associated with the bill. Various committee members provided their positions on the bill.
06:07:42 PM  
The committee recessed.
06:12:47 PM  
The committee returned to order.


06:13:54 PM
Motion Refer House Bill 21-1214, as amended, to the Committee on Finance.
Moved Weissman
Seconded Woodrow
Bacon Yes
Benavidez Yes
Bockenfeld No
Carver No
Daugherty Yes
Luck No
Lynch No
Roberts Yes
Woodrow Yes
Tipper Yes
Weissman Yes
Final YES: 7   NO: 4   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB21-192 - Referred to the Committee of the Whole


06:14:45 PM  

Representative Amabile, prime sponsor, presented Senate Bill 21-192, concerning permitting youthful offenders to be housed in the same facility as inmates who mentor youthful offenders.  Representative Amabile explained the effect of the bill and discussed its need. Representative Amabile explained the mentoring arrangement fostered by the bill.

06:18:22 PM  
Aaron Greco, representing the Department of Corrections, testified in support of SB 21-192.
06:21:37 PM  
Representative Amabile provided closing remarks in support of SB 21-192. Representative Daugherty discussed the merits of the legislation.


06:24:29 PM
Motion Refer Senate Bill 21-192 to the Committee of the Whole.
Moved Woodrow
Seconded Tipper
Bacon Yes
Benavidez Yes
Bockenfeld Yes
Carver Yes
Daugherty Yes
Luck Yes
Lynch Yes
Roberts Yes
Woodrow Yes
Tipper Yes
Weissman Excused
Final YES: 10   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS



SB21-030 - Committee Discussion Only


06:24:52 PM  

Representative Van Winkle, co-prime sponsor, presented Senate Bill 21-030, concerning criminal theft of rental property. Representative Van Winkle explained the effect of the bill and discussed its need. Representative Van Winkle responded to questions regarding the legislative history concerning rental property theft.

06:29:45 PM  
Matt Gershaw, representing the American Rental Association of Colorado, testified in support of SB 21-030.

Jeff Jackson, representing the American Rental Association of Colorado, testified in support of the bill.

Mr. Jackson responded to questions regarding the willingness of law enforcement to intervene in instances of rental property theft, and whether a call to law enforcement for rental property theft has resulted in arrest. Discussion ensued regarding whether there are security deposits, late fees, or other security charges associated with rental property.

06:49:46 PM  
Representative Weissman laid over SB 21-030.


06:50:23 PM   The committee adjourned.






Email addresses for the Colorado legislature have changed from the @state.co.us domain to the @coleg.gov domain on December 1, 2022. Details
The effective date for bills enacted without a safety clause (unless otherwise specified) is August 7, 2023. Details
The 2023 Ballot Information Booklet (Blue Book) is now available. Details