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s_jud_2016a_2016-02-29t13:30:30z2 Hearing Summary

Date: 02/29/2016



Final

BILL SUMMARY for SB16-019



SENATE COMMITTEE ON JUDICIARY


Votes: View--> Action Taken:
Adopt amendment L.001 (Attachment C). The motion p

Adopt amendment L.007 (Attachment E). The motion p

Adopt amendment L.008 (Attachment F). The motion p

Refer Senate Bill 16-019, as amended, to the Commi
Pass Without Objection

Pass Without Objection

Pass Without Objection

PASS







02:22 PM -- SB16-019



Senator Cooke, sponsor, presented Senate Bill 16-019, concerning a requirement that court-ordered mental condition examinations be recorded. Senator Cooke discussed amendment L.001 (Attachment C).



16SenateJud0229AttachC.pdf16SenateJud0229AttachC.pdf



02:24 PM --
Dr. Richard Martinez, representing the Colorado Psychiatric Society and Colorado Psychological Association, provided testimony in opposition to the bill. He responded to questions regarding forensic evaluations and videotaping such evaluations. In response to a question, Dr. Martinez discussed other states that require videotaping mental evaluations.



02:36 PM --
Dr. Carey Chamberlin, representing the Colorado Psychological Association, testified in opposition to the bill. Dr. Chamberlin discussed ethical concerns related to recording evaluations, and the cost and time that it would take to record mental evaluations. He also discussed confidentiality concerns.



02:40 PM --
Mr. George Brauchler, District Attorney for the 18th Judicial District and representing the Colorado District Attorneys' Council, testified in support of the bill. Mr. Brauchler distributed an article relating to videotaping interviews (Attachment D). Mr. Brauchler discussed the benefits of videotaping mental health evaluations. In response to committee questions, Mr. Brauchler discussed how video recordings would be used in trials and the appropriateness of video recording in certain circumstances.



16SenateJud0229AttachD.pdf16SenateJud0229AttachD.pdf



02:49 PM --
Juror #17, representing herself, testified anonymously in support of the bill. Juror #17 discussed her experience serving as a juror at the recent trial of James Holmes.



02:54 PM --
Mr. Peter Weir, District Attorney for the 1st Judicial District, testified in support of the bill. Mr. Weir discussed the types of cases where evaluations would be video recorded and concerns of those who oppose the bill.



02:58 PM --
Mr. Steve Jensen, representing the 1st Judicial District, testified in support of the bill. He discussed cases in which such video recording could be used, and also discussed the benefits of transparency.



03:02 PM --
Mr. Rich Orman, representing the 18th Judicial District, testified in support of the bill. Mr. Orman discussed his experience using video recordings of mental evaluations, and the benefits of video recording.



03:05 PM --
Dr. Patrick Fox, representing the Office of Behavioral Health within the Colorado Department of Human Services, made himself available for questions. Dr. Fox responded to questions regarding the ability to conduct mental evaluations.



03:09 PM --
Ms. Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill. Mr. Ackerman stated that it is critical that mental evaluations be recorded.



Senator Cooke distributed amendments L.007 (Attachment E) and L.008 (Attachment F).



16SenateJud0229AttachE.pdf16SenateJud0229AttachE.pdf 16SenateJud0229AttachF.pdf16SenateJud0229AttachF.pdf



03:14 PM --
Ms. Maureen Cain, representing the Colorado State Public Defender and the Colorado Criminal Defense Bar, provided neutral testimony on the bill and amendments. Ms. Cain explained amendments L.007 and L.008.

BILL: SB16-019
TIME: 03:18:01 PM
MOVED: Cooke
MOTION: Adopt amendment L.001 (Attachment C). 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: SB16-019
TIME: 03:18:18 PM
MOVED: Cooke
MOTION: Adopt amendment L.007 (Attachment E). 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: SB16-019
TIME: 03:18:32 PM
MOVED: Cooke
MOTION: Adopt amendment L.008 (Attachment F). 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





03:18 PM



Senator Cooke provided closing remarks on the bill. Committee members commented on the bill.

BILL: SB16-019
TIME: 03:19:48 PM
MOVED: Cooke
MOTION: Refer Senate Bill 16-019, as amended, to the Committee on Appropriations. The motion passed on a vote of 3-2.
SECONDED:
VOTE
Aguilar
No
Cooke
Yes
Merrifield
No
Lundberg
Yes
Roberts
Yes
Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS







03:21 PM



The committee adjourned.


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