S_JUD_2016A 02/03/2016 01:32:50 PM Committee Summary

01:32 PM



Senator Roberts, chair, called the committee to order. Conrad Imel, Legislative Council Staff, provided an overview of the Research Note pilot project being conducted for select bills during the 2016 session.





01:34 PM -- SB16-056



Senator Roberts laid over to a future meeting Senate Bill 16-056, concerning broadening protections of the state whistleblower protection law for certain state employees.





01:35 PM -- SB16-041



Senator Baumgardner, sponsor, presented Senate Bill 16-041, concerning data collected by the Division of Criminal Justice in the Department of Public Safety concerning the study of marijuana implementation. Senator Baumgardner explained his reasons for bringing the bill.



01:37 PM -- Mr. Robert Chase, representing the Colorado Coalition of Patients and Caregivers, testified in opposition to the bill. Mr. Chase discussed the constitutionality of certain Colorado laws and explained his concerns regarding racial disparities of enforcement of certain laws.



01:42 PM -- Mr. Timothy Tipton, representing Rocky Mountain Caregivers Cooperative, testified in opposition to the bill. Mr. Tipton expressed agreement with Mr. Chase's testimony and stated that there was no reason to discontinue the data collection programs.















01:45 PM -- Mr. Shawn Coleman, representing the Drug Policy Alliance, provided neutral testimony on the bill. Mr. Coleman provided background on marijuana-related issues, and stated reasons for continuing to collect data relating to law enforcement.



01:48 PM -- Mr. Art Way, representing the Drug Policy Alliance, provided neutral testimony on the bill. Mr. Way stated that he initially opposed the bill, but now will monitor the bill because of certain data that will continue to be collected. He explained concerns he has with data collection related to "marijuana-initiated contacts" and the recent increase in drug-related felony charges.



01:52 PM -- Ms. Jana Locke and Ms. Kim English, representing the Department of Public Safety, testified in support of the bill. Ms. Locke explained the reasons for the bill and data that is collected under existing and continuing law. She said that the bill eliminates data that is difficult to collect. Ms. English explained a forthcoming report from the Division of Criminal Justice, including data that is included in that report as required by 2013 legislation. She also stated that the term "marijuana-initiated contacts" is vague. The committee and the witnesses discussed the definition of "contact" by law enforcement,"marijuana-initiated contacts," and data collected by law enforcement.



02:02 PM -- Ms. Sarah Clark, representing Smart Colorado, testified in support of the bill. Ms. Clark explained the importance of collecting data and provided the committee with information on data that is collected under existing law that is not changed by the bill.



Senator Baumgardner provided closing remarks on the bill and asked for the committee's support. Committee members explained their positions on the bill. Senator Baumgardner and the committee discussed the bill.

02:10 PM



The committee recessed.





















02:13 PM -- SB16-034



Senator Roberts called the committee back to order. Senator Sonnenberg, sponsor, presented Senate Bill 16-034, concerning tampering with a deceased human body. Senator Sonnenberg explained his reasons for supporting the bill. Senator Sonnenberg distributed and explained Amendments L.001 (Attachment A) and L.002 (Attachment B). The committee and Senator Sonnenberg discussed specific language in the bill and the amendments.



16SenateJud0203AttachA.pdf 16SenateJud0203AttachB.pdf



02:23 PM -- Ms. Carrie Thompson, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Thompson stated her belief that current law already addresses concerns raised by the bill, specifically with charges for tampering with physical evidence and being an accessory to a crime. She discussed concerns regarding the mental state required to commit certain crimes and the issue of an offender's mental state under the bill.



02:31 PM -- Ms. Laura Saxton, representing Colorado Victims for Justice, testified in support of the bill. Ms. Saxton discussed her experience with her daughter's disappearance. She discussed existing laws concerning tampering with evidence, and the reasons that the bill should be passed.



02:37 PM -- Ms. Elaine Hall, representing Colorado Victims for Justice, testified in support of the bill. Ms. Hall discussed her experience with her son's disappearance. She stated that this bill will assist those who cannot be helped by an Amber Alert, and will provide accountability for those who tamper with human remains.



02:41 PM -- Ms. Jeanne Hanson and Ms. Jessica Hanson, representing themselves, testified in support of the bill. Ms. Jeanne Hanson stated that existing penalties are not sufficient to punish tampering with a human body. She discussed her experience with her son's death.





02:49 PM



Ms. Jessica Hanson stated that the bill is necessary to hold people accountable for their actions. She discussed her experience with her nephew's death.



02:57 PM -- Mr. Arnold Hanuman, representing the Colorado District Attorneys' Council, testified in support of the bill, as amended by Amendment L.002. He stated that human bodies are different than other evidence and should be treated differently. Mr. Hanuman discussed specific language and provisions in the bill. Senator Kerr and Mr. Hanuman discussed the levels of offense included in the bill.



03:05 PM -- Ms. Kathy Oatis, representing Colorado Coroners, testified in support of the bill.



























03:06 PM



Senator Sonnenberg provided closing remarks on the bill.

Committee members discussed their positions on the bill.

03:13 PM



The committee adjourned.