H_JUD_2023A 05/02/2023 02:49:31 PM Committee Summary

Representatives Ricks and Titone, prime sponsors, presented Senate Bill 23-075, concerning the deletion of children's identifying information from criminal justice records released to the public. Representative Ricks explained the effect of the bill and discussed its need. Representative Titone provided additional input on the bill and its merits. Discussion ensued regarding amendments placed on the bill in the Senate concerning the press.

Ms. Courtenay Whitelaw, representing herself, testified in support of the bill. Chief Art Acevedo, representing Colorado Association of the Chiefs of Police - Aurora Police Department, testified in support of the bill. Chief Acevedo responded to questions regarding releasing coroner information under the bill.  Ms. Whitelaw responded to questions regarding the release of a minor's name in the case involving her family.  Zach Blaes, Office of Legislative Legal Services, provided input on questions regarding the applicability of SB 23-075 to coroners. Discussion ensued regarding legislation adjacent to the bill that passed in previous years.  Mr. Blaes responded to questions regarding the impact of SB 23-075 on criminal discovery, and who can petition under the bill.  Chief Acevedo responded to further questions regarding certain exemptions from the requirements of the bill.

No amendments were offered to Senate Bill 23-075. Representatives Titone and Ricks provided closing remarks in support of the bill. Various committee members provided their positions on the bill.

Representatives Valdez and Soper, prime sponsors, presented Senate Bill 23-277, concerning measures to provide resources to increase public safety, and, in connection therewith, extending related existing appropriations. The sponsors explained the effect of the bill and discussed its need. Discussion ensued regarding associated legislation adopted during prior legislative sessions.

Deputy Director Debbie Oldenettel, representing The Division of Criminal Justice - Colorado Department of Public Safety, testified in support of the bill. Deputy Jason Presley, representing Colorado Fraternal Order of Police, testified in support of the bill. Ms. Oldenettel responded to questions regarding what happens if program appropriations are not spent under deadline, and personnel that help with the grant process.  Ms. Oldenettel responded to further questions regarding associated legislation adopted in recent years.  Deputy Presley responded to questions regarding the nature of certain health issues among law enforcement personnel. Ms. Oldenettel responded to questions regarding how programming conducted under the bill improves public safety

No amendments were offered to SB 23-277. Representatives Soper and Valdez provided closing remarks in support of the bill. Various committee members provided their positions on the bill.

Representative deGruy Kennedy, presented House Bill 23-1310, concerning the conditions under which a person commits a civil infraction for misusing a public safety answering point.  Representative degruy Kennedy explained the the effect of the bill. Representative deGruy Kennedy responded to questions regarding an instance where someone might be charged for the crime created by the bill, and data collection surrounding this crime. Representative deGruy Kennedy responded to questions regarding the bill's potential efficacy in deterring the crime created by the bill, and potential constitutional issues with the bill. Discussion ensued regarding current laws proscribing false reporting and harassment, and use of the 911 system for health care purposes.

Ms. Jaci Louise, representing Colorado 911 Advisory Task Force Legislative Subcommittee, testified in support of the bill. Mrs. Jennifer Kirkland, representing herself, testified in support of the bill. Ms. Tina Buneta, representing Aurora911, testified in support of the bill. Connie Johnson, representing Colorado 911 Resource Center, was available to answer committee questions. Ms. Buneta returned to continue testimony. Ms. Louise responded to questions regarding written testimony on HB 23-1310.

Executive Director Jeff Streeter, representing Jefferson County Communications Center Authority - on behalf of the Colorado Association of the Chiefs of Police, testified in opposition to the bill.

Kyle Mickelson, representing Jefferson County Communications Center Authority (Jeffcom 911), testified in opposition to the bill.

Chief Dave Hayes, representing Colorado Association of the Chiefs of Police - Estes Park Police Department, testified in opposition to the bill. Mr. Streeter responded to questions regarding the potential for HB 23-1310 to create additional barriers for 911 dispatchers, and the scope of the bill. Mr. Streeter responded to further questions regarding the impact of harassing 911 telephone calls on dispatch times, and the ability to bring criminal charges for harassing 911 telephone calls under existing law.

Representative Armagost explained the effect of amendment L.002 (Attachment A). Discussion ensued regarding the merits of the amendment. Representative Weissman ruled that the amendment did not fit under the title of the bill.

Representative deGruy Kennedy provided closing remarks in support of HB 23-1310. Various committee members provided their positions on the bill.

Representative Weissman laid over HB 23-1310.

Representatives Snyder and Armagost, prime sponsors, presented Senate Bill 23-064, concerning the Office of Public Guardianship. Representative Snyder explained the effect of the bill and discussed its need.  Representative Armagost provided additional input on the merits of the bill.

Maureen Welch, representing Navigating Disability Colorado, testified in opposition to the bill.

Dennis Valentine, representing himself, testified in a neutral position on the bill.

Ms. Sophia Alvarez, representing Colorado Office of Public Guardianship, testified in support of the bill. Ms. Coral Cosway, representing Alzheimer's Association, testified in support of the bill. Dr. Deb Bennett-Woods, representing Commission on the Office of Public Guardianship, testified in support of the bill. Director - Office of Civil and Forensic Mental Health Leora Joseph, representing Colorado Department of Human Services, testified in support of the bill. Bridget Garcia, representing Colorado Hospital Association, testified in support of the bill. Ms. Alvarez responded to questions regarding the reduced scope of the Office of Public Guardianship pilot program created by previous legislation, and the expansion of the program under SB 23-064. Ms. Alvarez responded to further questions regarding how people are directed to the office's programming. Ms. Garcia responded to questions regarding how clients are referred to hospitals in the absence of the Office of Public Guardianship's ability to do so.

Committee members received a packet of information supporting SB 23-064, prepared by the Colorado Cross-Disability Coalition (Attachment B). Representatives Snyder and Armagost provided closing remarks in support of the bill. Various committee members provided their positions on the bill.

Representative Weissman brought back House Bill 23-1310 for further action, and provided some procedural information.

Discussion ensued on how best to proceed with HB 23-1310.

The committee recessed.

The committee returned to order. Representatives Weissman and Bacon, prime sponsors, presented Senate Bill 23-164, concerning the continuation of the Sex Offender Management Board, and, in connection therewith, implementing the recommendations contained in the 2022 sunset report by the Department of Regulatory Agencies. Representative Bacon explained the effect of the bill and discussed its need. Representative Weissman provided additional details on the bill and its merits.

Mr. Chris Lobanov-Rostovsky, representing the Colorado Department of Public Safety, Ms. Raechel Alderete, representing The Division of Criminal Justice - Colorado Department of Public Safety, Mr. James Karbach, representing the Office of State Public Defender, Ms. Laurie Kepros, representing the Office of the State Public Defender, Courtney Sutton, representing Colorado Organization for Victim Assistance, and Ms. Jessica Dotter, representing the Colorado District Attorneys' Council, made themselves available to respond to committee questions on SB 23-164. Discussion ensued regarding the use of polygraph testing in the sex offender management environment. Ms. Kepros responded to questions regarding her organization's position on the bill, and potential future legislation concerning the Sex Offender Management Board.

No amendments were offered to SB 23-164. Representatives Bacon and Weissman provided closing remarks in support of the bill. Discussion ensued regarding the impact of not passing the bill. Representative Luck provided her position on the bill.

Representatives Pugliese and Daugherty, prime sponsors, presented Senate Bill 23-251, concerning a requirement that the Attorney General represent the Department of Revenue in all driver's license and state identification card appeals. Representative Pugliese explained the effect of the bill and discussed its need. Representative Daugherty provided additional input on the merits of the bill.

Tim Lane, representing the Colorado District Attorneys' Council, testified in support of the bill. Mr. Lane responded to questions regarding how often district attorneys are present for driver's license cases, and reasons for the Department of Law to take over duties currently assumed by district attorneys in these cases. Mr. Lane responded to further questions regarding requiring the attorney general to appear under SB 23-251, and the implementation dates for the bill. Discussion ensued regarding the implications of the bill with respect to various levels of government, and civil duties of district attorneys.

No amendments were offered to SB 23-251. Representatives Pugliese and Daugherty provided closing remarks in support of the bill.

Representatives Boesenecker and Joseph, prime sponsors, presented Senate Bill 23-279, concerning prohibited activity related to firearms, and, in connection therewith, regulating firearms and firearm frames and receivers that do not have serial numbers; prohibitng manufacture of firearms, frames, and receivers by unlicensed persons; establishing a process for serializing firearms, frames, and receivers; and designating machine gun conversion devices as dangerous weapons. Representative Boesenecker explained the effect of the bill and discussed its need. Representative Joseph cited some statistics, and discussed the need for the legislation. Discussion ensued regarding the statistics cited by Representative Joseph, and federal standards for serializing firearms. Representative Boesenecker responded to questions regarding the penalties in the bill. Discussion ensued regarding the impact of the bill on black powder and bolt action rifles, and specific parts to be serialized under the bill. Representative Boesenecker responded to questions regarding what constitutes a necessary firearms component under the bill. Discussion ensued regarding certain types of firearms exempted by the bill, and when serial numbers for firearms were first required under law. Discussion followed regarding which firearm components would be required to be serialized under the bill.

Dawn Reinfeld, representing Blue Rising, testified in support of the bill. Ms. Reinfeld responded to questions regarding her references to "illegal guns."

District Attorney John Kellner, representing the 18th JD, testified in support of the bill. Mr. Kellner clarified the position of the Colorado District Attorney's Council on the bill.

Ms. Eileen McCarron, representing Colorado Ceasefire Legislative Action, testified in support of the bill. Mr. Kellner responded to questions regarding requirements in SB 23-279 for serializing parts for certain types of firearms, and what his office is experiencing in terms of numbers and types of "ghost guns" used in crimes. Mr. Kellner responded to questions regarding the ability of his office to charge for possession of certain firearms under current law, and jurisprudence associated with the banning of certain firearms. Mr. Kellner responded to questions regarding the mens rea component in SB 23-279.

Mr. Peter Gurfein, representing Giffords Gun Owners for Safety, testified in support of the bill.

Jason McBride, representing himself, testified in support of the bill.

Mrs. Erin Meschke, representing herself, testified in a neutral position on the bill.

Taylor Rhodes, representing Rocky Mountain Gun Owners, testified in opposition to the bill.

Andrew Lucas, representing himself, testified in opposition to the bill.

David Buttles, representing himself, testified in opposition to the bill.

Andrew Hitt, representing himself, testified in opposition to the bill.

Mr. Owen Clyncke, representing himself, testified in opposition to the bill. Mr. Rhodes responded to questions regarding the potential for SB 23-279 to extend beyond the scope of federal law, and statistics on crimes using firearms.

Mr. Mark Tisdale, representing himself, testified in opposition to the bill. Mr. Rhodes responded to questions regarding potential constitutional issues with SB 23-279, and the ability of individuals to manufacture certain firearms parts under the bill. Mr. Tisdale provided input on the latter issue.

Ms. Alexis King, representing First Judicial District Attorney, testified in support of the bill.

Susan Hahn, representing Colorado Faith Communities United to End Gun Violence, testified in support of the bill.

Ms. Mary Parker, representing herself, testified in support of the bill.

Chief Matthew Packard, representing Colorado State Patrol - Colorado Department of Public Safety, testified in support of the bill. Ms. King responded to questions regarding the potential for SB 23-279 to increase law enforcement engagement with the public, and the need to serialize multiple parts on certain firearms under the bill.

Mr. Jeffrey DeYoung, representing himself, testified in opposition to the bill.

Todd Watkins, representing himself, testified in opposition to the bill.

Mark, representing himself, testified in opposition to SB 23-279.

No amendments were offered to SB 23-279. Representatives Joseph and Boesenecker provided closing remarks in support of the bill. Various committee members provided their positions on the bill.

Representatives Weissman and Soper, prime sponsors, presented Senate Bill 23-282, concerning . Representative Soper explained the effect of the bill and discussed its need. Representative Weissman provided additional input on the merits of the legislation. Discussion ensued regarding the date selected for Jury Appreciation Day by the bill, and the need for the legislation. Discussion followed regarding the merits of the jury system, and the potential for amending the legislative declaration in the bill.

No one testified regarding SB 23-282, and no amendments were offered to the bill. Various committee members provided their positions on the bill.