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S_JUD_2016A 04/13/2016 01:32:55 PM Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON JUDICIARY

Date: 04/13/2016
ATTENDANCE
Time: 01:32 PM to 02:22 PM
Aguilar
X
Cooke
X
Place: LSB B
Merrifield
*
Lundberg
X
This Meeting was called to order by
Roberts
X
Senator Roberts
This Report was prepared by
Conrad Imel
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
Conf 16-Commission On Judicial Discipline - Negrete-Winn

HB16-1278

HB16-1260
Favorably Refer to Full Senate - Consent

Referred to the Committee of the Whole - Consent Calendar

Amended, Referred to the Committee of the Whole





01:33 PM -- Confirmation of Commission On Judicial Discipline - Negrete-Winn



Senator Roberts, chair, called the committee to order. A quorum was present. Mr. William Campbell, Executive Director of the Commission on Judicial Discipline (commission), introduced Ms. Sonia Ann Negrete-Winn, appointee to the commission. The letter appointing her may be found as Attachment A; her application and resume are available at the State Archives. Ms. Negrete-Winn provided background information about herself, and explained the reasons she would like to serve on the commission.



16SenateJud0413AttachA.pdf16SenateJud0413AttachA.pdf






































BILL: Conf 16-Commission On Judicial Discipline - Negrete-Winn
TIME: 01:35:22 PM
MOVED: Lundberg
MOTION: Refer the appointment of Sonia Ann Negrete-Winn to the Commission On Judicial Discipline to the full Senate with a favorable recommendation and a recommendation that it be placed on the consent calendar. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Aguilar
Yes
Cooke
Yes
Merrifield
Yes
Lundberg
Yes
Roberts
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





01:36 PM -- HB16-1278



Senator Cooke, sponsor, presented House Bill 16-1278, concerning residential drug treatment for persons on probation. Senator Cooke explained the bill, and the reasons for the bill.



01:37 PM --
Ms. Heather Garwood, representing the Division of Probation Services within the Colorado Judicial Branch, testified in support of the bill. She explained the bill's provisions.



01:40 PM --
Ms. Carrie Thompson, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Thompson explained options available under existing law, and the benefits of the bill.

BILL: HB16-1278
TIME: 01:42:19 PM
MOVED: Cooke
MOTION: Refer House Bill 16-1278 to the Committee of the Whole, with a recommendation that it be placed in the consent calendar. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Aguilar
Yes
Cooke
Yes
Merrifield
Yes
Lundberg
Yes
Roberts
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS















01:42 PM -- HB16-1260



Senator Cooke and Senator Johnston, co-prime sponsors, presented House Bill 16-1260, concerning extending the criminal statute of limitations for sexual assault to twenty years. Senator Cooke explained investigation of sexual assault cases and his reasons for supporting the bill. Senator Johnston discussed provisions of the bill concerning sexual assaults committed against minors. Senator Cooke distributed and explained amendment L.004 (Attachment B).



16SenateJud0413AttachB.pdf16SenateJud0413AttachB.pdf



01:46 PM --
Ms. Laurie Rose Kepros, representing the State Public Defender and the Colorado Criminal Defense Bar, testified in opposition to the bill. Ms. Kepros discussed constitutional protections afforded to those accused of crimes, reliability of evidence, and issues raised during the bill sponsors' presentation. She also discussed inaccurate accusations of sexual assaults, wrongful convictions for sexual assaults, and victims' concerns. Ms. Kepros explained other statutory provisions that she believes should be amended by the bill.



01:55 PM --
Gilpin County Sheriff Bruce Hartman, representing the County Sheriffs of Colorado, testified in support of the bill.



01:57 PM --
Mr. Michael Rourke, representing the Weld County District Attorney's Office and the Colorado District Attorneys' Council, testified in support of the bill. Mr. Rourke discussed an instance of sexual assault investigated by his office.



01:59 PM --
Ms. Raana Simmons, representing Colorado Coalition Against Sexual Assault, testified in support of the bill. Ms. Simmons discussed issues surrounding sexual assaults that may delay reporting an assault to law enforcement, and the reasons she opposes limiting the time to report a sexual assault. She read testimony from the Rocky Mountain Children's Law Center. Ms. Simmons responded to questions regarding the effect the bill may have on sexual assault trials.



02:06 PM --
Ms. Beth Ferrier, representing herself, testified in support of the bill. Ms. Ferrier discussed her experience concerning sexual assault, and her reasons for coming forward about a specific incident years later.



02:13 PM --
Ms. Heidi Thomas, representing herself, testified in support of the bill. Ms. Thomas discussed her experience concerning sexual assault, and her experience after discussing a specific incident publicly. She also discussed reporting sexual assaults, generally.



































02:19 PM



Senator Johnston and Senator Cooke provided closing remarks on the bill.

BILL: HB16-1260
TIME: 02:21:44 PM
MOVED: Cooke
MOTION: Adopt amendment L.004 (Attachment B). The motion passed without objection.
SECONDED:
VOTE
Aguilar
Cooke
Merrifield
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: HB16-1260
TIME: 02:22:10 PM
MOVED: Cooke
MOTION: Refer House Bill 16-1260, as amended, to the Committee of the Whole. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Aguilar
Yes
Cooke
Yes
Merrifield
Yes
Lundberg
Yes
Roberts
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





02:22 PM



The committee adjourned.


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