S_JUD_2016A 02/22/2016 01:32:26 PM Committee Summary
Final
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON JUDICIARY
| Date: | 02/22/2016 |
ATTENDANCE
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| Time: | 01:32 PM to 03:31 PM |
Aguilar
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X
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Cooke
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*
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| Place: | LSB B |
Merrifield
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X
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Lundberg
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X
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| This Meeting was called to order by |
Roberts
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X
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| Senator Roberts | |||
| This Report was prepared by | |||
| Conrad Imel | |||
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X = Present, E = Excused, A = Absent, * = Present after roll call
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| Bills Addressed: | Action Taken: | ||
| SB16-098 HB16-1033 SB16-013 HB16-1057 SB16-103 |
Postponed Indefinitely Referred to Appropriations Amended, Referred to the Committee of the Whole Referred to the Committee of the Whole - Consent Calendar Postponed Indefinitely |
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01:32 PM -- SB16-098
Senator Roberts, chair, called the committee to order. A quorum was present. Senator Steadman, sponsor, presented Senate Bill 16-098, concerning restoring judicial discretion in criminal sentencing. Senator Steadman explained the bill and amendment L.001 (Attachment A). Senator Roberts and Senator Steadman discussed the amendment.
16SenateJud0222AttachA.pdf
01:41 PM -- Mr. Tom Raynes, representing the Colorado District Attorneys' Council, testified in opposition to the bill. Mr. Raynes discussed concerns relating to public safety, stated that the bill was broad, and provided reasons for mandatory sentencing. Senator Roberts and Mr. Raynes discussed the role of the Colorado Commission on Criminal and Juvenile Justice (CCJJ) in developing criminal justice policy. Senator Steadman discussed prior legislation and the role of CCJJ.
01:49 PM -- Mr. Rich Orman, Senior Deputy District Attorney in the 18th Judicial District, testified in opposition to the bill. Mr. Orman discussed the role of judges in sentencing. Mr. Orman responded to questions regarding amendment L.001 and mandatory sentencing, generally.
01:56 PM -- Mr. George Brauchler, District Attorney for the 18th Judicial District, testified in opposition to the bill. Mr. Brauchler stated opposition to the bill and the sentencing for specific situations that are affected by the bill. He responded to questions regarding sentencing review provisions in exiting law, and the role of CCJJ.
02:02 PM -- Ms. Peg Ackerman, representing the County Sheriffs of Colorado, testified in opposition to the bill. Ms. Ackerman stated opposition to the introduced bill, and that it was likely she opposed amendment L.001.
02:03 PM -- Mr. Scott Turner, representing the Colorado Attorney General's Office, testified in opposition to the bill. Mr. Turner discussed public safety and the role that victims play in sentencing under the bill.
02:05 PM -- Ms. Maureen Cain, representing the Colorado Public Defender's Office and the Colorado Criminal Defense Institute, testified in support of the bill. She discussed the increased budget for the Colorado Department of Corrections (DOC), studies relating to the effect and costs of incarceration, and the effect of decreased incarceration on crime rates in states that have reduced admissions to prison. She also stated that mandatory sentencing shifts power from judges to prosecutors by means of plea bargains. Ms. Cain responded to questions regarding DOC funding and the correlation between incarceration and the crime rate.
02:11 PM -- Ms. Carrie Thompson, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Thompson addressed prior discussion surrounding sentence review under existing law. She also discussed specific cases involving mandatory sentencing. Ms. Thompson responded to questions regarding sentence reconsideration.
02:23 PM
Senator Steadman provided closing remarks on the bill. Senator Cooke distributed and explained amendments L.002 (Attachment B) and L.003 (Attachment C).
16SenateJud0222AttachB.pdf16SenateJud0222AttachC.pdf
| BILL: | SB16-098 | |
| TIME: | 02:30:11 PM | |
| MOVED: | Aguilar | |
| MOTION: | Adopt amendment L.001 (Attachment A). The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Cooke
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Merrifield
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Lundberg
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Roberts
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | SB16-098 | |
| TIME: | 02:32:02 PM | |
| MOVED: | Cooke | |
| MOTION: | Adopt amendment L.002 (Attachment B). The motion passed on a vote of 3-2. | |
| SECONDED: | ||
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VOTE
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Aguilar
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No
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Cooke
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Yes
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Merrifield
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No
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Lundberg
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Yes
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Roberts
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Yes
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YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS
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Senator Roberts ruled that amendment L.003 did not fit under the bill title. Committee members discussed their positions on the bill.
| BILL: | SB16-098 | |
| TIME: | 02:35:22 PM | |
| MOVED: | Aguilar | |
| MOTION: | Refer Senate Bill 16-098, as amended, to the Committee on Finance. The motion failed on a vote of 2-3. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Yes
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Cooke
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No
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Merrifield
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Yes
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Lundberg
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No
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Roberts
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No
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YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL
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| BILL: | SB16-098 | |
| TIME: | 02:35:55 PM | |
| MOVED: | Lundberg | |
| MOTION: | Postpone Senate Bill 16-098 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Cooke
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Merrifield
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Lundberg
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Roberts
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Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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02:36 PM -- HB16-1033
Senator Newell and Senator Kefalas, co-prime sponsors, presented House Bill 16-1033, concerning the Colorado Human Trafficking Council (the council). Senator Newell provided a history of the council and her reasons for sponsoring the bill. Senator Kefalas discussed the council and his reasons for supporting the bill. Senator Kefalas and Senator Newell responded to a question regarding the appointment of members to the council.
02:43 PM -- Ms. Jeanne Smith, representing the Division of Criminal Justice within the Department of Public Safety, testified in support of the bill. Ms. Smith explained the reasons that a bill is necessary to reimburse members of the council for expenses. She also commented on the interest of the agriculture community in the council's work.
02:46 PM
Senator Kefalas and Senator Newell commented on Human Trafficking Awareness Day and other upcoming awareness efforts at the capitol.
| BILL: | HB16-1033 | |
| TIME: | 02:47:24 PM | |
| MOVED: | Merrifield | |
| MOTION: | Refer House Bill 16-1033 to the Committee on Appropriations. The motion passed on a vote of 5-0. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Yes
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Cooke
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Yes
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Merrifield
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Yes
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Lundberg
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Yes
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Roberts
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Yes
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Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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02:49 PM -- SB16-013
Senator Newell, sponsor, presented Senate Bill 16-013, concerning statutory changes related to the office of the Child Protection Ombudsman. Senator Newell distributed amendment L.003 (Attachment D). Senator Newell explained the bill and identified organizations that do not oppose the bill and amendment.
16SenateJud0222AttachD.pdf
02:53 PM -- Ms. Carla Bennett, representing the League of Women Voters of Colorado, testified in support of the bill.
| BILL: | SB16-013 | |
| TIME: | 02:55:45 PM | |
| MOVED: | Aguilar | |
| MOTION: | Adopt amendment L.003 (Attachment D). The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Cooke
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Merrifield
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Lundberg
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Roberts
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | SB16-013 | |
| TIME: | 02:56:06 PM | |
| MOVED: | Aguilar | |
| MOTION: | Refer Senate Bill 16-013, as amended, to the Committee of the Whole. The motion passed on a vote of 5-0. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Yes
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Cooke
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Yes
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Merrifield
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Yes
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Lundberg
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Yes
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Roberts
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Yes
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Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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02:56 PM -- HB16-1057
Senator Merrifield, sponsor, presented House Bill 16-1057, concerning statutorily established time periods that are multiples of seven days. Senator Merrifield explained the purpose of the bill.
02:58 PM -- Representative Bob Gardner, representing himself, testified in support of the bill.
| BILL: | HB16-1057 | |
| TIME: | 03:01:00 PM | |
| MOVED: | Lundberg | |
| MOTION: | Refer House Bill 16-1057 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 5-0. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Yes
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Cooke
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Yes
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Merrifield
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Yes
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Lundberg
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Yes
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Roberts
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Yes
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Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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03:02 PM -- SB16-103
Senator Merrifield, sponsor, presented Senate Bill 16-103, concerning creation of the Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act (the Act). Senator Merrified distributed information to the committee related to the bill (Attachments E and F).
16SenateJud0222AttachE.pdf16SenateJud0222AttachF.pdf
03:04 PM -- Representative Bob Gardner, representing the Uniform Law Commission, testified in support of the bill. Representative Gardner presented the reasons for adopting the Act, and stated that Canada recognizes protection orders issued in the United States. Representative Gardner explained some provisions of the bill. Senator Cooke and Representative Gardner discussed specific provisions of the bill.
03:14 PM
Senator Cooke and Representative Gardner continued to discuss specific provisions of the bill, including determining validity of a Canadian domestic violence protection order, registering such orders in Colorado, and the process for obtaining a protection order in Colorado.
03:23 PM -- Representative Claire Levy, representing the Uniform Law Commission, made herself available for questions. There were no questions.
Senator Merrifield distributed and explained amendment L.002 (Attachment G).
16SenateJud0222AttachG.pdf
| BILL: | SB16-103 | |
| TIME: | 03:25:06 PM | |
| MOVED: | Merrifield | |
| MOTION: | Adopt amendment L.002 (Attachment G). The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Cooke
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Merrifield
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Lundberg
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Roberts
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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The committee members explained their positions on the bill.
| BILL: | SB16-103 | |
| TIME: | 03:30:42 PM | |
| MOVED: | Merrifield | |
| MOTION: | Refer Senate Bill 16-103, as amended, to the Committee of the Whole. The motion failed on a vote of 2-3. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Yes
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Cooke
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No
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Merrifield
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Yes
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Lundberg
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No
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Roberts
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No
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YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL
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| BILL: | SB16-103 | |
| TIME: | 03:30:58 PM | |
| MOVED: | Lundberg | |
| MOTION: | Postpone Senate Bill 16-103 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely. | |
| SECONDED: | ||
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VOTE
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Aguilar
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Cooke
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Merrifield
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Lundberg
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Roberts
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Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:
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03:31 PM
The committee adjourned.