H_JUD_2022A 04/26/2022 02:35:09 PM Committee Summary

The committee was called to order. A quorum was present. Representatives Herod and Soper, prime sponsors, presented Senate Bill 22-212, concerning the nonsubstantive revision of statutes in the Colorado Revised Statutes, and, in connection therewith, amending or repealing obsolete, imperfect, and inoperative law to perserve the legislative intent, effect, and meaning of the law. Representative Herod introduced the bill. Representative Soper explained the effect of the bill. No one testified regarding the bill.

Representative Soper explained the effect of amendment L.002 (Attachment A).

Representative Soper explained the effect of amendment L.003 (Attachment B).

The sponsors provided closing remarks in support of SB 22-212.

Representatives Amabile and Soper, prime sponsors, presented House Bill 22-1386, concerning measures relatd to competency to proceed. Representative Amabile explained the effect of the bill and discussed its need. Representative Soper provided additional input on the merits of the legislation.

Jagruti Shaw, representing the Department of Human Services, testified in support of HB 22-1386.

Kristin Melton, representing the Department of Human Services, testified in support of the bill.

Daniel Murrie, Special Master appointed by a federal court to oversee competency services in Colorado, testified in support of the bill.

Megan Baker, representing Disability Law Colorado, testified in support of the bill.

Discussion ensued regarding whether HB 22-1386 will bring the state into compliance with a consent degree concerning competency evaluation and restoration, and the amount of money to be spent on restoration compared to the number of people who will have their competency restored. Discussion followed regarding the beds needed to create a fully functioning competency evaluation and restoration system.

Timothy Lane, representing the Colorado District Attorneys' Council, and James Karbach, representing the Office of State Public Defender, made themselves available to answer questions on HB 22-1386. Mr. Lane and Mr. Karbach responded to questions regarding the effect of some forthcoming amendments.

Sylvia Tawse, representing herself, testified in support of HB 22-1386.

Representative Amabile explained the effect of amendment L.001 (Attachment C), and amendment L.004 (Attachment D), an amendment to L.001. Representative Soper responded to questions raised during earlier testimony.

Representatives Soper and Amabile discussed the merits of amendment L.002 (Attachment E).

Representatives Soper and Amabile provided closing remarks in support of HB 22-1386. Representatives Carver and Weissman commented on the merits of the bill.

Representatives Larson and Tipper, prime sponsors, presented Senate Bill 22-099, concerning the procedure for sealing of criminal records for nonviolent offenses, and, in connection therewith, addressing workforce shortages, and minimizing barriers to employment for job seekers. Representative Larson explained the effect of the bill and discussed its need. Representative Larson read some testimony in support of the bill. Representative Tipper provided additional input on the merits of the legislation. Representative Tipper responded to questions regarding how the bill impacts outstanding fines and fees associated with a conviction. Discussion ensued regarding when record sealing tolls under the bill, and references to "civil infractions" in the bill. Representative Tipper noted legislation passed in other jurisdictions similar to SB 22-099. Discussion followed regarding the ability of credit reporting agencies to access sealed criminal records.

Ellen Giarratana, representing the Colorado Center on Law and Policy, testified in support of SB 22-099. Robert Davis, representing Seasoned with Grace Unboxed, testified in support of the bill. Arnold Hanuman, representing the Colorado District Attorneys' Council, made himself available to responded to committee questions. Abbey Moffitt Hruby, representing Expunge Colorado, testified in support of the bill. Discussion ensued regarding the impact of intervening convictions on record-sealing eligibility under the bill, and how the bill would seal records in an example posed by Reverend Davis. Mr. Hanuman responded to questions regarding what civil infractions are impacted by the bill, along with other crimes impacted. Ms. Giarratana and Mr. Hanuman responded to questions regarding the process by which criminal records are sealed under the bill.

Marcus Weaver, representing himself, testified in support of SB 22-099.

John Seward, representing himself, testified in support of the bill.

Nan Gibson, representing JPMorgan Chase Policy Center, testified in support of the bill.

Bryant Dulin, representing KOBEYO, LLC, testified in support of the bill.

Mr. Weaver responded to questions regarding how he has navigated employment barriers, and equalizing opportunities among various communities. Mr. Seward provided input on the latter issue.

No amendments were offered to SB 22-099. Representatives Tipper and Larson provided closing remarks in support of the bill. The committee discussed the merits of the legislation.

Representatives Kipp and Holtorf, prime sponsors, presented HB 22-1383, concerning increasing the workforce by removing barriers to employment opportunities for juveniles. Representative Kipp explained the effect of the bill. Representative Holtorf further explained the effect of the bill and discussed its need.

Elise Logemann, representing the ACLU of Colorado, testified on HB 22-1383 from an "amend" position.

Josh Gaines, representing the Council of State Governments Justice Center, testified on the bill from a neutral position.

Rhonda Mickelson, representing the Colorado Camps Network, testified on the bill from an "amend" position. Discussion ensued regarding some forthcoming amendments.

Ms. Logemann responded to questions regarding employer access of criminal records under the bill. Discussion followed regarding employers potentially finding out about prospective employee criminal activity through Internet searches.

The committee considered L.001 (Attachment F).

Representative Kipp explained the effect of amendment L.002 (Attachment G).

Representative Holtorf explained the effect of amendment L.003 (Attachment H).

Representatives Kipp and Holtorf provided closing remarks in support of HB 22-1383. The committee discussed the merits of the legislation.

Ms. Logemann returned to respond to questions regarding the ability of employers to discover certain information about potential employees under the bill. Discussion ensued on this point. Larry Hudson, representing the Colorado Chamber of Commerce, provided input on this issue and amendments that address it. Committee members returned to making closing remarks on HB 22-1383.