|
PUBLIC
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON JUDICIARY
| Date |
02/15/2022 |
| Attendance |
| Bacon |
* |
| Benavidez |
X |
| Bockenfeld |
X |
| Carver |
X |
| Daugherty |
X |
| Luck |
X |
| Roberts |
X |
| Soper |
X |
| Woodrow |
X |
| Tipper |
X |
| Weissman |
X |
|
| Time |
01:34:57 PM to 06:00:03 PM |
| Place |
HCR 0107 |
| This Meeting was called to order by |
Weissman |
| This Report was prepared by |
Bo Pogue |
|
| Hearing Items |
Action Taken |
| hHB22-1141 |
Postponed Indefinitely |
| hSB22-022 |
Referred to the Committee of the Whole |
| hSB22-062 |
Referred to the Committee of the Whole |
| hHB22-1229 |
Referred to House Appropriations |
| hHB22-1169 |
Referred to the Committee of the Whole |
| hHB22-1150 |
Referred to the Committee of the Whole |
| hHB22-1067 |
Amended, referred to House Appropriations |
|
|
HB22-1141 - Postponed Indefinitely
|
|
|
01:35:10 PM |
The committee was
called to order. A quorum was present. Representative Holtorf,
prime sponsor, presented House Bill 22-1141. Representative Holtorf explained
the bill. He discussed his reasons for requesting that the bill be
postponed indefinitely.
|
01:47:43 PM
|
Motion |
Postpone House Bill 22-1141 indefinitely. |
|
| Moved |
Carver |
|
| Seconded |
Bockenfeld |
|
|
|
|
|
Bacon |
Yes |
|
|
Benavidez |
Yes |
|
|
Bockenfeld |
Yes |
|
|
Carver |
Yes |
|
|
Daugherty |
Yes |
|
|
Luck |
Yes |
|
|
Roberts |
Yes |
|
|
Soper |
Yes |
|
|
Woodrow |
Yes |
|
|
Tipper |
Yes |
|
|
Weissman |
Yes |
|
|
Final |
YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS |
|
|
SB22-022 - Referred to the Committee of the Whole
|
|
|
01:47:56 PM |
Representatives Snyder
and Soper, prime sponsors, presented Senate Bill 22-022, concerning the
enactment of the Colorado Revised Statutes 2021 as the positive and statutory
law of the state of Colorado. The representatives explained the effect
of the bill and discussed its need.
|
01:53:28 PM
|
Motion |
Refer Senate Bill 22-022 to the Committee of the Whole. |
|
| Moved |
Soper |
|
| Seconded |
Tipper |
|
|
|
|
|
Bacon |
Yes |
|
|
Benavidez |
Yes |
|
|
Bockenfeld |
Yes |
|
|
Carver |
Yes |
|
|
Daugherty |
Excused |
|
|
Luck |
No |
|
|
Roberts |
Yes |
|
|
Soper |
Yes |
|
|
Woodrow |
Yes |
|
|
Tipper |
Yes |
|
|
Weissman |
Yes |
|
|
Final |
YES: 9 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS |
|
|
SB22-062 - Referred to the Committee of the Whole
|
|
|
01:55:56 PM |
Representatives Soper
and Weissman, prime sponsor, presented Senate Bill 22-062, concerning procedures
of the committee on legal services. Representatives Soper and Wiessman
explained the effect of the bill and discussed its need. Representative
Soper responded to questions regarding a voting mechanism in the bill.
Representative Weissman responded to questions regarding how the
Committee on Legal Services will handle objections under the bill with
respect to retaining legal counsel.
|
02:14:26 PM
|
Motion |
Refer Senate Bill 22-062 to the Committee of the Whole. |
|
| Moved |
Soper |
|
| Seconded |
Weissman |
|
|
|
|
|
Bacon |
Yes |
|
|
Benavidez |
Yes |
|
|
Bockenfeld |
Yes |
|
|
Carver |
Yes |
|
|
Daugherty |
Yes |
|
|
Luck |
Yes |
|
|
Roberts |
Yes |
|
|
Soper |
Yes |
|
|
Woodrow |
Yes |
|
|
Tipper |
Yes |
|
|
Weissman |
Yes |
|
|
Final |
YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS |
|
|
HB22-1229 - Referred to House Appropriations
|
|
|
02:15:17 PM |
Representatives Weissman
and Soper, prime sponsors, presented House Bill 22-1229, concerning adopting
clean-up provisions to Senate Bill 21-271 which enacted the 2021 recommendations
of the Colorado commission on criminal and juvenile justice. Representative
Weissman explained the effect of the bill and discussed its need. Representative
Weissman responded to questions regarding civil infractions.
|
|
02:20:43 PM |
Time Lane, representing the Colorado District Attorneys' Council and the Colorado Commission on Criminal and Juvenile Justice, testified in support of HB 22-1229. Mr. Lane responded to questions regarding how the bill affects parent-child interaction when a child commits a motor vehicle infraction.
|
|
02:25:38 PM |
No amendments were offered to HB 22-1229. Representatives Weissman and Soper provided closing remarks in support of the bill.
|
02:29:15 PM
|
Motion |
Refer House Bill 22-1229 to the Committee on Appropriations. |
|
| Moved |
Tipper |
|
| Seconded |
Weissman |
|
|
|
|
|
Bacon |
Excused |
|
|
Benavidez |
Yes |
|
|
Bockenfeld |
Yes |
|
|
Carver |
Yes |
|
|
Daugherty |
Yes |
|
|
Luck |
No |
|
|
Roberts |
Yes |
|
|
Soper |
Yes |
|
|
Woodrow |
Yes |
|
|
Tipper |
Yes |
|
|
Weissman |
Yes |
|
|
Final |
YES: 9 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS |
|
|
HB22-1169 - Referred to the Committee of the Whole
|
|
|
02:40:14 PM |
The committee returned
to order. Representatives Michaelson Jenet and Soper, prime sponsors,
presented House Bill 22-1169, concerning amending the elements of sexual
assault to prohibit sexual misconduct without consent. Representative Michaelson
Jenet explained the effect of the bill and discussed its need. Representative
Soper provided input on the merits of the legislation. Representative
Soper responded to questions regarding the potential for broader legislation
to address the issue of consent in statute.
|
|
02:49:24 PM |
Jessica Dotter, representing the Colorado District Attorneys' Council, testified in support of HB 22-1169.
Catrina Weigel, representing herself, testified in support of the bill.
Ms. Dotter responded to questions regarding the legislative background on the language to be amended by the bill. Discussion ensued regarding the statutory definition of "consent."
|
|
03:01:55 PM |
Elizabeth Newman, representing the Colorado Coalition Against Sexual Assault, testified in support of HB 22-1169.
Kate Burgess, representing herself, testified in support of the bill.
Jean McAllister, representing the WINGS Foundation, testified in support of the bill.
|
|
03:09:50 PM |
Leanna Stoufer, representing herself, testified in support of HB 22-1169.
|
|
03:14:16 PM |
No amendments were offered to House Bill 22-1169. Representatives Michaelson Jenet and Soper provided closing remarks in support of the bill.
|
03:18:47 PM
|
Motion |
Refer House Bill 22-1169 to the Committee of the Whole. |
|
| Moved |
Soper |
|
| Seconded |
Tipper |
|
|
|
|
|
Bacon |
Excused |
|
|
Benavidez |
Yes |
|
|
Bockenfeld |
Yes |
|
|
Carver |
Yes |
|
|
Daugherty |
Yes |
|
|
Luck |
Yes |
|
|
Roberts |
Yes |
|
|
Soper |
Yes |
|
|
Woodrow |
Yes |
|
|
Tipper |
Yes |
|
|
Weissman |
Yes |
|
|
Final |
YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS |
|
|
HB22-1150 - Referred to the Committee of the Whole
|
|
|
03:23:24 PM |
The committee returned to order. Representatives Bockenfeld and Exum, prime sponsors, presented House Bill 22-1150. Representative Bockenfeld explained the effect of the bill, and Representative Exum explained why the bill is needed
|
|
03:26:32 PM |
Michael Honn, representing the Colorado State Patrol, testified in support of HB 22-1150.
Dave Aldridge, representing the Colorado State Patrol, testified in support of the bill.
James Karbach, representing the Office of the Public Defender, testified in support of the bill.
Discussion ensued regarding procedures regarding signing citations, and the process for paying fines from citations. Major Aldridge responded to questions regarding the volume of citations written by the Colorado State Patrol, and how service of a citation is handled. Discussion ensued on this point. Major Aldridge responded to questions regarding the fiscal impact of the bill. Discussion returned to the volume of citations written by the Colorado State Patrol.
|
|
03:45:03 PM |
No amendments were offered to HB 22-1150.
|
03:46:43 PM
|
Motion |
Refer House Bill 22-1150 to the Committee of the Whole. |
|
| Moved |
Bockenfeld |
|
| Seconded |
Woodrow |
|
|
|
|
|
Bacon |
Yes |
|
|
Benavidez |
Yes |
|
|
Bockenfeld |
Yes |
|
|
Carver |
Yes |
|
|
Daugherty |
Yes |
|
|
Luck |
No |
|
|
Roberts |
Yes |
|
|
Soper |
Yes |
|
|
Woodrow |
Yes |
|
|
Tipper |
Yes |
|
|
Weissman |
Yes |
|
|
Final |
YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS |
|
|
HB22-1067 - Amended, referred to House Appropriations
|
|
|
03:46:55 PM |
Representatives Woodrow
and Gonzales-Gutierrez, prime sponsors, presented House Bill 22-1067, concerning
clarifying changes to measures that ensure defendants have a prompt bond
hearing. Representative Woodrow explained the effect of the bill and discussed
its need. Representative Gonzales-Gutierrez provided additional input
on the bill.
|
|
03:52:36 PM |
Jason Lontagne, representing himself, testified in opposition to HB 22-1067. Meghan MacKillop, representing the Colorado Municipal League, testified on the bill from an "amend" perspective. Corin Flannigan, representing the Colorado Municipal Judges Association, testified on the bill from an "amend" perspective. Judge Flannigan responded to questions regarding virtual appearance capabilities in municipal courts for bond hearings. Judge Lontagne provided input on this question. Ms. MacKillop responded to questions regarding certain provisions of law that offer more flexibility for local governments in the area of timely bond hearings. Discussion ensued regarding amendment L.005 (Attachment A). Judge Flannigan responded to questions regarding practices municipal courts observed in accepting charges during the height of the COVID pandemic. Ms. MacKillop provided input on this issue.
|
|
04:26:22 PM |
Elisabeth Epps, representing
the Colorado Freedom Fund, testified in support of HB 22-1067.
Jefferey Riester, representing the Department of Law, testified in support
of the bill.
Connor Johnson representing the Mental Health Center of Denver, testified
in support of the bill.
Ms. Epps responded to questions regarding the types of offenses seen in
municipal courts, and the maximum time a municipal court can hold someone
before a bond hearing. Discussion ensued regarding holding those
with multiple failure-to-appear warrants. Representative Gonzales-Gutierrez
provided input on this issue.
|
|
04:43:01 PM |
Javier Mabrey, representing himself, testified in support of HB 22-1067.
Catherine Mabrey, representing herself, testified in support of the bill.
Kenneth Maestas, representing the Colorado Cross Disability Coalition, testified in support of the bill.
Michael Neil, representing the Colorado Cross Disability Coalition, testified in support of the bill.
Terese Howard, representing herself, testified in support of the bill.
|
|
05:02:04 PM |
Rebecca Wallace,
representing the Colorado Freedom Fund, testified in support of HB 22-1067.
Ms. Wallace discussed previous legislation concerning prompt bond
hearings, and costs that municipal courts will incur if the bill passes.
Ms. Wallace responded to further questions regarding when the bill's
48-hour time limit tolls in certain situations. Ms. Wallace responded
to questions regarding an amendment to the bill requested by municipal
governments, and pre-trial detention for those whose offenses do not warrant
a jail sentence. Written testimony may be found in Attachment B.
|
|
05:31:55 PM |
Representative Gonzales-Gutierrez explained the effect of amendment L.005.
|
05:34:10 PM
|
Motion |
Adopt amendment L.005 (Attachment A) |
|
| Moved |
Woodrow |
|
| Seconded |
Tipper |
|
|
|
|
|
Bacon |
|
|
|
Benavidez |
|
|
|
Bockenfeld |
|
|
|
Carver |
|
|
|
Daugherty |
|
|
|
Luck |
|
|
|
Roberts |
|
|
|
Soper |
|
|
|
Woodrow |
|
|
|
Tipper |
|
|
|
Weissman |
|
|
|
|
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection |
|
|
|
05:34:13 PM |
Representatives Gonzales-Gutierrez and Woodrow provided closing remarks in support of HB 22-1067. Various committee members provided their positions on the bill.
|
05:59:39 PM
|
Motion |
Refer House Bill 22-1067, as amended, to the Committee on Appropriations. |
|
| Moved |
Woodrow |
|
| Seconded |
Tipper |
|
|
|
|
|
Bacon |
Yes |
|
|
Benavidez |
Yes |
|
|
Bockenfeld |
Yes |
|
|
Carver |
No |
|
|
Daugherty |
Yes |
|
|
Luck |
No |
|
|
Roberts |
Yes |
|
|
Soper |
No |
|
|
Woodrow |
Yes |
|
|
Tipper |
Yes |
|
|
Weissman |
Yes |
|
|
Final |
YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS |
|
|
| 06:00:03 PM |
The committee adjourned. |
