S_JUD_2017A 02/01/2017 Committee Summary
Final
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON JUDICIARY
| Date: | 02/01/2017 |
ATTENDANCE
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| Time: | 01:31 PM to 06:15 PM |
Coram
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X
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Fields
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X
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| Place: | SCR 352 |
Kagan
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*
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Cooke
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X
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| This Meeting was called to order by |
Gardner
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X
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| Senator Gardner | |||
| This Report was prepared by | |||
| Kori Donaldson | |||
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X = Present, E = Excused, A = Absent, * = Present after roll call
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| Bills Addressed: | Action Taken: | ||
| SB17-051 SB17-032 SB17-010 |
Amended, Referred to SenateState, Veterans, & Military Affairs Postponed Indefinitely Postponed Indefinitely |
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01:31 PM -- SB17-051
The committee was called to order. A quorum was present. Senators Fields and Gardner, co-prime sponsors, presented Senate Bill 174-051, which modifies current law concerning the rights of crime victims. The bill adds three new offenses to the definition of "crime" to include: failure to stop at the scene of an accident that results in serious bodily injury of another person; violation of a protection order issued against a person charged with stalking; and posting a private image for harassment or monetary gain. The bill updates the definition of "modification of sentence" to include a resentencing following a probation revocation hearing or request for early termination of probation.
01:33 PM -- Ms. Andi Martin, representing the Department of Public Safety, testified in support of the bill. She spoke about the victim's rights detailed in the bill. She also responded to questions and comments from the committee.
01:51 PM
Ms. Martin continued to address questions from the committee. She and Senator Gardner discussed how the bill changes existing practice.
01:53 PM -- Ms. Nancy Lewis, Executive Director, representing the Colorado Organization for Victim Assistance, testified in support of the bill.
01:55 PM -- Ms. Kaia Anderson, representing herself as the victim of a stalker, testified in support of the bill.
02:01 PM -- Ms. Jennifer Anderson, representing the Colorado Attorney General's Office, testified in support of the bill.
02:02 PM -- Mr. Timothy Lane, representing the Colorado District Attorneys' Council, testified in support of the bill.
02:05 PM -- Ms. Emily Tofte Nestaval, Executive Director, Rocky Mountain Victim Law Center, testified in support of the bill.
02:07 PM -- Ms. Kelly Kissell, Manager, Office of Victim Programs, Division of Criminal Justice, Department of Public Safety, testified about amendment L.001 (Attachment A).
17SenateJud0201AttachA.pdf
02:11 PM -- Ms. Maureen Cain, representing the Office of the State Public Defender, testified in opposition to the bill. She discussed concerns with provisions on page 4, line 22 and page 6, lines 22 through 26 of the bill. Ms. Cain responded to a question from the committee.
02:20 PM -- Ms. Lydia Waligorski, Public Policy Director, Colorado Coalition Against Domestic Violence, testified in support of the bill. She responded to a question from the committee. Senator Gardner also commented.
02:25 PM -- Ms. Sophia San Miguel, representing herself, testified in support in the bill.
02:29 PM
Senators Fields and Gardner made closing remarks on the bill.
| BILL: | SB17-051 | |
| TIME: | 02:33:12 PM | |
| MOVED: | Gardner | |
| MOTION: | Adopt amendment L.001 (Attachment A). The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Coram
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Fields
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Kagan
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Cooke
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Gardner
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:
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| BILL: | SB17-051 | |
| TIME: | 02:33:42 PM | |
| MOVED: | Gardner | |
| MOTION: | Refer Senate Bill 17-051, as amended, to the Committee on State, Veterans, and Military Affairs. The motion passed on a vote of 5-0. | |
| SECONDED: | ||
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VOTE
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Coram
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Yes
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Fields
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Yes
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Kagan
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Yes
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Cooke
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Yes
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Gardner
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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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02:35 PM -- SB17-032
Senator Merrifield, prime sponsor, presented Senate Bill 17-032. Under current law, law enforcement officials and state regulatory boards can access the Prescription Drug Monitoring Program (PDMP) database by providing an official court order or subpoena. This bill requires that requests be accompanied by an official court order or warrant issued by a neutral magistrate or judge, following a showing of probable cause supported by sworn testimony or affidavit.
02:41 PM -- Mr. Arnold Hanuman, representing the Colorado District Attorneys' Council, testified in opposition to the bill. Mr. Hanuman addressed questions from the committee and from the bill sponsor.
02:55 PM -- Ms. Jennifer Anderson and Mr. Jose Esquivel, both representing the Colorado Attorney General's Office, testified in opposition to the bill. Senator Merrifield responded to Mr. Esquivel's testimony. Ms. Anderson responded to questions from the committee.
03:09 PM
Discussion continued with Ms. Anderson about how access to the PDMP database would change under the bill and the relative merit of this change.
03:23 PM -- Mr. Ryan Blehle, representing the Colorado Academy of Family Physicians, testified in support of the bill. He responded to questions and comments from the committee. Senator Merrifield also responded to a question from the committee.
03:30 PM -- Ms. Denise Maes, representing the ACLU of Colorado, testified in support of the bill. Ms. Maes responded to questions from the committee.
03:38 PM
Senator Merrifield explained amendment L.001 (Attachment B).
17SenateJud0201AttachB.pdf
| BILL: | SB17-032 | |
| TIME: | 03:40:33 PM | |
| MOVED: | Kagan | |
| MOTION: | Adopt amendment L.001 (Attachment B). The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Coram
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Fields
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Kagan
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Cooke
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Gardner
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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03:42 PM
Senator Merrifield and members of the committee made closing remarks on the bill.
| BILL: | SB17-032 | |
| TIME: | 03:46:45 PM | |
| MOVED: | Kagan | |
| MOTION: | Refer Senate Bill 17-032, 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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Coram
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No
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Fields
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Yes
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Kagan
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Yes
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Cooke
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No
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Gardner
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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: | SB17-032 | |
| TIME: | 03:48:13 PM | |
| MOVED: | Coram | |
| MOTION: | Postpone Senate Bill 17-032 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. The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Coram
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Fields
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Kagan
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Cooke
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Gardner
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Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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03:48 PM -- SB17-010
Senator Kagan, prime sponsor, presented Senate Bill 17-010. Under this bill, no offender convicted of a class 4 or 5 felony, unless it is a crime of violence, a class 6 felony, or a level 2 or 3 drug felony can be adjudicated as an habitual criminal. Senator Kagan distributed and explained amendments L.001 and L.002 (Attachments C and D, respectively).
17SenateJud0201AttachC.pdf 17SenateJud0201AttachD.pdf
04:00 PM
Senator Kagan provided a lengthy explanation of the current habitual offender statute that the bill amends.
04:08 PM -- Mr. Darren Cantor, representing the Colorado Criminal Defense Bar, testified in support of the bill.
04:22 PM -- Ms. Jennifer Clouse, representing Mothers Against Drunk Driving and the Colorado Organization for Victim Assistance, testified in opposition to the bill.
04:26 PM -- Mr. Arnold Hanuman and Mr. Rich Orman, both representing the Colorado District Attorneys' Council, testified in opposition to the bill. Mr. Hanuman responded to questions and comments from the committee.
04:45 PM
Mr. Orman continued his testimony and addressed questions from the committee.
05:00 PM -- Ms. Lydia Waligorski, Public Policy Director, Colorado Coalition Against Domestic Violence, and Ms. Carolyn MacCloud, representing herself as a victim of a violent crime, testified from a neutral position on the bill.
05:09 PM -- Ms. April Elliot, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Elliot responded to a question from the committee.
05:19 PM -- Mr. Beale Tejada, representing the Colorado Criminal Defense Bar, testified in support of the bill. Mr. Tejada told the story about an individual incarcerated as an habitual criminal. Committee members received a picture of the medals this individual received when he was a member of the armed forces (Attachment E).
17SenateJud0201AttachE.pdf
05:26 PM -- Mr. Tyrone Glover, representing the Sam Carey Bar Association, testified in support of the bill. Mr. Glover addressed questions and comments from the committee.
05:41 PM -- Ms. Carrie Thompson, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Thompson responded to comments from the committee.
05:59 PM -- Ms. Denise Maes, representing the ACLU of Colorado, testified in support of the bill.
06:02 PM -- Mr. Tristan Gorman, representing the Colorado Criminal Defense Bar, testified in support of the bill.
| BILL: | SB17-010 | |
| TIME: | 06:07:58 PM | |
| MOVED: | Kagan | |
| MOTION: | Adopt amendment L.001 (Attachment C). The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Coram
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Fields
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Kagan
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Cooke
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Gardner
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | SB17-010 | |
| TIME: | 06:08:53 PM | |
| MOVED: | Kagan | |
| MOTION: | Adopt amendment L.002 (Attachment D). The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Coram
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Fields
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Kagan
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Cooke
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Gardner
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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06:09 PM
Senator Kagan made closing remarks on the bill.
| BILL: | SB17-010 | |
| TIME: | 06:11:01 PM | |
| MOVED: | Kagan | |
| MOTION: | Refer Senate Bill 17-010, as amended, to the Committee on Appropriations. The motion failed on a vote of 2-3. | |
| SECONDED: | ||
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VOTE
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Coram
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No
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Fields
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Yes
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Kagan
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Yes
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Cooke
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No
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Gardner
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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: | SB17-010 | |
| TIME: | 06:15:00 PM | |
| MOVED: | Gardner | |
| MOTION: | Postpone Senate Bill 17-010 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. The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Coram
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Fields
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Kagan
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Cooke
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Gardner
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Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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06:15 PM
The committee adjourned.