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S_JUD_2016A 04/27/2016 01:31:25 PM Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON JUDICIARY

Date: 04/27/2016
ATTENDANCE
Time: 01:31 PM to 03:09 PM
Aguilar
X
Cooke
X
Place: LSB B
Merrifield
X
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:
HB16-1311

SB16-193

HB16-1080
Referred to the Committee of the Whole

Referred to Appropriations

Amended, Referred to the Committee of the Whole





01:31 PM -- HB16-1311



Senator Roberts, chair, called the committee to order. A quorum was present. Senator Carroll and Senator Marble, co-prime sponsors, presented House Bill 16-1311, concerning court orders requiring payment of monetary amounts. Senator Carroll discussed the bill and issues concerning the penalties for failure to pay fines. She also discussed prior related legislation.



01:38 PM --
Judge Corinne Magid, representing the Colorado Municipal Judges Association and the Colorado Municipal League, testified in opposition to the bill. Judge Magid discussed procedures when a court orders a payment. She explained how the bill would affect existing procedures, and suggested alternatives to the bill. Judge Magid responded to a question concerning issuing warrants when people fail to pay, and the separation of powers between the legislative branch and the judicial branch.



01:46 PM --
Judge David Cooke, representing the Colorado Municipal Judges Association and the Colorado Municipal League, testified in opposition to the bill. Judge Cooke discussed charges that may be made under the bill, and the bill's effects. He explained the type of cases handled by a municipal court. Judge Cooke responded to questions regarding the amount of fines in traffic and criminal cases, discretion afforded to judges, and sentencing for indigent defendants.



01:51 PM --
Ms. Denise Maes, representing the ACLU of Colorado, testified in support of the bill. She commented on prior testimony, and discussed the effect of the bill, including warrants that may be issued under the bill.



01:55 PM --
Ms. Rebecca Wallace, representing the ACLU of Colorado, testified in support of the bill. Ms. Wallace discussed methods used to hold defendants accountable when the defendant fails to pay as ordered.

















01:57 PM --
Mr. James Fisher, representing himself, testified in support of the bill. Mr. Fisher described his experience being unable to pay a court ordered fine.



02:01 PM --
Ms. Elizabeth Gillespie, representing the Aurora Public Defender's Office, testified in support of the bill. She described court procedures used in Aurora.





02:05 PM



Senator Marble and Senator Carroll provided closing remarks on the bill.

BILL: HB16-1311
TIME: 02:15:26 PM
MOVED: Aguilar
MOTION: Refer House Bill 16-1311 to the Committee of the Whole. The motion passed on a vote of 4-1.
SECONDED:
VOTE
Aguilar
Yes
Cooke
No
Merrifield
Yes
Lundberg
Yes
Roberts
Yes
Final YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS





02:16 PM -- SB16-193



President Cadman and Senator Scheffel, co-prime sponsors, presented Senate Bill 16-193, concerning the duties of the safe2tell program (safe2tell). President Cadman discussed safe2tell, and described its benefits. Senator Scheffel discussed issues concerning school violence.



02:21 PM --
Ms. Susan Payne, representing the Colorado Attorney General's Office, testified in support of the bill. She discussed safe2tell, and highlighted positive aspects of the program.



02:26 PM --
Ms. Janet Huffor, representing herself, testified in support of the bill. She discussed the benefits of safe2tell.



02:28 PM --
Ms. Shawna Fritzler, representing the Colorado PTA, testified in support of the bill. She stated the PTA's support for safe2tell, generally, and specific support for the bill.



02:30 PM --
Mr. John McDonald, representing Jefferson County Public Schools, testified in support of the bill. He described safe2tell, and provided information on reports that have been made through safe2tell.

















02:33 PM --
Mr. Chris Johnson, representing the County Sheriffs of Colorado, testified in support of the bill. He spoke favorably of prior testimony, and stated support for the bill.



02:34 PM --
Deputy Jason Garrett, El Paso County Sheriff's Office, testified in support of the bill. Deputy Garrett described how safe2tell assists with proactive policing. He explained an incident where a student used safe2tell to make an anonymous report.



02:37 PM --
Deputy John Hammond, El Paso County Sheriff's Office, testified in support of the bill. Deputy Hammond discussed mental health training for law enforcement. He explained his experience receiving help from others.



02:39 PM --
Ms. Wendy Rubin, representing Englewood Schools, testified in support of the bill. Ms. Rubin discussed her experience working as a school administrator. She described the benefits of safe2tell.





02:43 PM



President Cadman distributed information to the committee (Attachment A), and provided closing remarks on the bill. Senator Scheffel asked for the committee's support, and commented on the bill.



16SenateJud0427AttachA.pdf16SenateJud0427AttachA.pdf

BILL: SB16-193
TIME: 02:45:40 PM
MOVED: Lundberg
MOTION: Refer Senate Bill 16-193 to the Committee on Appropriations. 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





























02:46 PM -- HB16-1080



Senator Cooke and Senator Johnston, co-prime sponsors, presented House Bill 16-1080, concerning assault by strangulation. Senator Cooke explained the bill, and provided information related to strangulation. Senator Johnston explained the bill's provisions.



02:49 PM --
Ms. Leanna Stouffer, representing herself, testified in support of the bill. Ms. Stouffer discussed her experience as a victim of violent crime that involved strangulation.



02:54 PM --
Ms. Danielle Evans, representing herself, testified in support of the bill, and recounted her experience as a victim of strangulation.



02:57 PM --
Ms. Lynn Small, representing herself, testified in support of he bill. She described her experience as a victim of an attack involving strangulation.



03:01 PM --
Mr. Miles Midorin, representing the Colorado District Attorneys' Council, testified in support of the bill.



03:02 PM --
Mr. Scott Turner, representing the Colorado Attorney General's Office, testified in support of the bill.



03:03 PM --
Mr. Chris Johnson, representing the County Sheriffs of Colorado, testified in support of the bill.

































































03:04 PM



Senator Johnston distributed and explained amendment L.005 (Attachment B).



16SenateJud0427AttachB.pdf16SenateJud0427AttachB.pdf

BILL: HB16-1080
TIME: 03:07:23 PM
MOVED: Aguilar
MOTION: Adopt amendment L.005 (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: HB16-1080
TIME: 03:07:53 PM
MOVED: Aguilar
MOTION: Refer House Bill 16-1080, as amended, to the Committee of the Whole. The motion passed on a vote of 4-0.
SECONDED:
VOTE
Aguilar
Yes
Cooke
Excused
Merrifield
Yes
Lundberg
Yes
Roberts
Yes
Final YES: 4 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS





03:08 PM



The committee adjourned.