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S_JUD_2017A 02/13/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON JUDICIARY

Date: 02/13/2017
ATTENDANCE
Time: 01:33 PM to 05:16 PM
Coram
X
Fields
X
Place: SCR 352
Kagan
X
Cooke
X
This Meeting was called to order by
Gardner
X
Senator Gardner
This Report was prepared by
Conrad Imel
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB17-1073

SB17-096

SB17-125

SB17-019

SB17-006

SB17-126
Referred to the Committee of the Whole - Consent Calendar

Referred to Senate Appropriations

Referred to Senate Finance

Amended, Referred to Senate Appropriations

Referred to the Committee of the Whole

Witness Testimony and/or Committee Discussion Only





01:33 PM -- HB17-1073



Senator Gardner, chair, called the committee to order. He invited Ms. Jennifer Gilroy, Revisor of Statutes, Office of Legislative Legal Services, to explain House Bill 17-1073, concerning the enactment of Colorado Revised Statutes 2016 as the positive and statutory law of Colorado. A packet of information was distributed to the committee (Attachment A). Ms. Gilroy explained the purpose of the bill, and changes made during the revision process. She responded to a question concerning the effect of the bill.



17SenateJud0213AttachA.pdf17SenateJud0213AttachA.pdf


































BILL: HB17-1073
TIME: 01:37:48 PM
MOVED: Gardner
MOTION: Refer House Bill 17-1073 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:
VOTE
Coram
Yes
Fields
Yes
Kagan
Yes
Cooke
Yes
Gardner
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





01:38 PM -- SB17-096



Senator Lambert, prime sponsor, presented Senate Bill 17-096, concerning creation of a grant program to support a shared peace officer auxiliary He distributed a copy of the Colorado Mounted Rangers Study Task Force report to the General Assembly (Attachment B). Senator Lambert explained the need for the bill and related legislation from the 2016 session.



17SenateJud0213AttachB.pdf17SenateJud0213AttachB.pdf



01:43 PM --
Mr. Stan Hilkey, Executive Director, Department of Public Safety, and Mr. Kevin Klein, Division Director, Department of Homeland Security and Emergency Management within the Department of Public Safety, testified in support of the bill. Director Hilkey explained the need for the bill and addressed concerns related to the cost of the bill. He stated that the bill addresses the issues necessary to operate a large reserve academy. He responded to a question concerning the sunrise process for peace officers. Director Klein commented on the administration of the grant program. Director Hilkey explained how the bill addresses an issue of statewide concern. Directors Hilkey and Klein responded to questions concerning citizenship requirements for Colorado Mounted Rangers.



01:52 PM --
Col. Ronald Abramson, representing the Colorado Mounted Rangers (rangers), testified in support of the bill. He provided background on the rangers, including a discussion of legislation concerning the rangers. He explained the effect of the bill on the rangers, and the benefits of rangers serving as reserve peace officers. He responded to questions concerning qualifications for serving as a ranger.

























01:58 PM --
Idaho Springs Police Chief Christian Malanka testified in support of the bill. He stated that Idaho Springs benefits from the rangers. Chief Malanka responded to a question concerning agreements between law enforcement agencies and reserve officers. He also commented on the rangers.





02:03 PM



Senator Lambert provided closing remarks on the bill.

BILL: SB17-096
TIME: 02:04:27 PM
MOVED: Cooke
MOTION: Refer Senate Bill 17-096 to the Committee on Appropriations. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Coram
Yes
Fields
Yes
Kagan
Yes
Cooke
Yes
Gardner
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





02:05 PM -- SB17-125



The committee recessed.





02:16 PM



The committee returned to order. Senator Guzman, prime sponsor, presented Senate Bill 17-125, concerning allowing certain persons who have been exonerated of crimes to receive lump-sum payments compensation that is owed to them by the state. She explained prior legislation authorizing benefits for people wrongly convicted of crimes and subsequently incarcerated. She explained the provisions of SB 17-125. She responded to a question concerning the applicability of the bill.



02:22 PM --
Mr. David Blake, representing the Colorado Attorney General's Office, testified in support of the bill. He explained a specific situation that gave rise to the bill. He explained financial issues that may confront those receiving annual payments instead of lump-sum payments. He responded to questions concerning the determination on how to pay compensation owed. He also responded to questions concerning the process and standards for receiving compensation.



















02:29 PM --
Robert and Cinder Dewey, representing themselves, testified in support of the bill. Mr. Dewey explained his situation concerning his wrongful conviction, including difficulty making financial agreements. Ms. Dewey commented on working with banks.





02:34 PM



Senator Guzman provided closing remarks on the bill.

BILL: SB17-125
TIME: 02:34:56 PM
MOVED: Fields
MOTION: Refer Senate Bill 17-125 to the Committee on Finance. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Coram
Yes
Fields
Yes
Kagan
Yes
Cooke
Yes
Gardner
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





02:35 PM -- SB17-019



Senator Martinez Humenik, prime sponsor, presented Senate Bill 17-019, concerning increasing medication consistency for persons with mental illness in the criminal and juvenile justice systems. Senator Martinez Humenik explained the bill and discussed its need.



02:41 PM --
Dr. Patrick Fox, representing the Department of Human Services (DHS), and Ms. Camille Harding, representing the Office of Behavioral Health within DHS, testified on the bill. Dr. Fox explained the reasons for creating the bill. Ms. Harding spoke favorably of Dr. Fox's testimony. They responded to questions from the committee concerning the costs of medication and how the bill's provisions would apply to jails.



02:51 PM --
Ms. Regina Huerter, representing the Behavioral Health Transformation Council, testified in support of the bill. She explained the benefits of the bill.



02:53 PM --
Dr. Sasha Rai, representing the Denver City and County Jail, testified in support of the bill. Dr. Rai explained the management of offenders with mental illness and responded to committee questions.























02:56 PM --
Ms. Moe Keller, representing Mental Health Colorado, testified in support of the bill. She discussed issues concerning dispensing medication and the benefits of facilities using a shared drug formulary.



02:58 PM --
Mr. Chris Johnson, representing the County Sheriffs of Colorado, testified in support of the bill. He discussed the process of working on the bill, and the benefit of the bill's provisions to county jails. He responded to a question concerning the bill's impact on county jails.





03:02 PM



Senator Martinez Humenik told the committee of a situation concerning an offender held in a facility who could not get proper medication. Senator Martinez Humenik distributed amendments L.001 (Attachment C), L.002 (Attachment D), L.003 (Attachment E), L.004 (Attachment F), and L.005 (Attachment G). She responded to questions concerning deadlines included in the bill. Discussion continued on that point.



17SenateJud0213AttachC.pdf17SenateJud0213AttachC.pdf 17SenateJud0213AttachD.pdf17SenateJud0213AttachD.pdf



17SenateJud0213AttachE.pdf17SenateJud0213AttachE.pdf 17SenateJud0213AttachF.pdf17SenateJud0213AttachF.pdf



17SenateJud0213AttachG.pdf17SenateJud0213AttachG.pdf

BILL: SB17-019
TIME: 03:11:35 PM
MOVED: Coram
MOTION: Adopt amendment L.001 (Attachment C). The motion passed without objection.
SECONDED:
VOTE
Coram
Fields
Kagan
Cooke
Gardner
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


















BILL: SB17-019
TIME: 03:11:54 PM
MOVED: Coram
MOTION: Adopt amendment L.002 (Attachment D). The motion passed without objection.
SECONDED:
VOTE
Coram
Fields
Kagan
Cooke
Gardner
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: SB17-019
TIME: 03:12:07 PM
MOVED: Coram
MOTION: Adopt amendment L.003 (Attachment E). The motion passed without objection.
SECONDED:
VOTE
Coram
Fields
Kagan
Cooke
Gardner
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection




































BILL: SB17-019
TIME: 03:12:23 PM
MOVED: Coram
MOTION: Adopt amendment L.005 (Attachment G). The motion passed without objection.
SECONDED:
VOTE
Coram
Fields
Kagan
Cooke
Gardner
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:





03:13 PM



The committee discussed amendment L.004 and possible other amendments. Senator Martinez Humenik provided closing remarks on the bill.

BILL: SB17-019
TIME: 03:17:30 PM
MOVED: Fields
MOTION: Refer Senate Bill 17-019, as amended, to the Committee on Appropriations. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Coram
Yes
Fields
Yes
Kagan
Yes
Cooke
Yes
Gardner
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS































03:18 PM -- SB17-006



Senator Cooke, prime sponsor, presented Senate Bill 17-006, concerning allowing certain military personnel who are less than 21 years of age to obtain a permit to carry a concealed weapon. Senator Cooke explained the provisions of the bill and his reasons for sponsoring the legislation. The committee discussed the bill.



03:28 PM --
Ms. Eleanor Cabell, representing herself, testified in opposition to the bill. She discussed the reasons she does not support the bill. She responded to questions concerning training received by military personnel.



03:31 PM --
Col. ret., Rodger Wilson, representing himself, testified in opposition to the bill. He discussed military policy on possessing certain weapons. Senator Cooke responded to a question concerning possession of firearms with a concealed carry permit.



03:35 PM --
Ms. Julie Meyers, representing Colorado Faith Communities United to End Gun Violence, testified in opposition to the bill. She read the testimony of a person who could not attend the hearing. Ms. Meyers, in response to a question, provided information to the committee concerning the relationship between suicides and weapons.



03:40 PM --
Mr. Gene Drumm, representing Colorado Faith Communities United to End Gun Violence, testified in opposition to the bill. He discussed brain development of teenagers and the effect of the bill. He responded to questions concerning legalized concealed carry.



03:43 PM --
Ms. Eileen McCarron, representing Colorado Ceasefire, testified in opposition to the bill. She explained that the bill permits certain people to conceal carry firearms that they cannot purchase in Colorado. She discussed military policies, and a relationship between suicide and firearm availability.



03:46 PM --
Ms. Jean Grattet, representing the League of Women Voters, testified in opposition to the bill. She read the testimony of a person who could not attend the meeting.



03:50 PM --
Mr. Dan Murphy, representing Rocky Mountain Gun Owners, testified in support of the bill. He explained his experience with firearms while in the military. He discussed firearms training, terrorist attacks on military personnel, and the responsibilities of military personnel.



03:53 PM --
Mr. George Brauchler, 18th Judicial District Attorney, testified in support of the bill. He discussed his experience, and stated that he is not concerned about permitting military personnel to conceal carry firearms. He responded to a question concerning the 18th Judicial District's cases involving an offense committed by a concealed carry permit holder.



03:57 PM --
Mr. Robert Edmiston, representing the Firearms Coalition of Colorado, testified in support of the bill. He distributed a packet of information to the committee (Attachment H). He discussed the deterrence of crime.



17SenateJud0213AttachH.pdf17SenateJud0213AttachH.pdf



















04:01 PM --
Mr. Chris Johnson, representing the County Sheriffs of Colorado, testified in support of the bill. He stated support for the bill and spoke favorably of prior testimony.



04:02 PM --
Mr. David Kopel, representing himself, testified in support of the bill. He discussed the laws and policies in other states concerning issuing concealed carry permits to those younger than 21. Mr. Kopel also discussed the relationship between firearm availability and suicide, and crime rates relating to concealed carry permit holders.



04:07 PM --
Mr. Bruce Glenn, representing himself, testified in opposition to the bill. He discussed that federal law concerning the purchase and transfer firearms, and possible mental issues concerning military personnel.



04:10 PM --
Ms. Laura Carno, representing herself, testified in support of the bill. She explained her reasons for supporting the bill, including the possibility of certain persons preventing crime.





04:13 PM



Senator Kagan stated that the Colorado Association of Chiefs of Police oppose the bill.



Senator Cooke provided closing remarks on the bill.





04:17 PM



The committee recessed.





04:21 PM



The committee returned to order.

BILL: SB17-006
TIME: 04:22:23 PM
MOVED: Cooke
MOTION: Refer Senate Bill 17-006 to the Committee of the Whole. The motion passed on a vote of 3-2.
SECONDED:
VOTE
Coram
Yes
Fields
No
Kagan
No
Cooke
Yes
Gardner
Yes
Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS













04:22 PM -- SB17-126



Senator Guzman and Senator Gardner, co-prime sponsors, presented Senate Bill 17-126, concerning the Colorado Domestic Violence Review Board (board). Senator Guzman explained the provisions of the bill. Senator Gardner explained the need for the bill.



04:26 PM --
Mr. Jose Esquibel, representing the Colorado Attorney General's Office, testified in support of the bill. He discussed the genesis of the bill. He stated that 40 other states have domestic violence review boards, but in Colorado, only the city and county of Denver has such a board. Mr. Esquibel discussed how the board created by the bill would function, and he discussed domestic violence, generally.



04:31 PM --
Mr. George Brauchler, 18th Judicial District Attorney, and representing the Colorado District Attorneys' Council, testified in support of the bill. He suggested possible changes to the bill. He responded to questions concerning the membership of the board.



04:39 PM --
Mr. Greg Romberg, representing the Colorado Press Association and the Colorado Broadcasters Association, testified on the bill. He discussed open meetings-related concerns.



04:42 PM --
Ms. Dora Lee Larson, representing the Domestic Violence Coordinating Council, testified in support of the bill. She discussed information provided on behalf of the Denver Metro Domestic Violence Fatality Review Committee. She responded to questions from the committee concerning prosecutor representation on the board.



04:48 PM --
Ms. Jenn Doe, representing herself, testified in support of the bill. She discussed her experience as a victim of domestic violence.



04:53 PM --
Mr. Scott Turner, representing the Colorado Organization for Victim Assistance (COVA), testified in support of the bill. He read testimony from the COVA board.



04:55 PM --
Mr. Chris Johnson, representing the County Sheriffs of Colorado, testified in support of the bill.



04:56 PM --
Ms. Carrie Thompson, representing the Colorado Criminal Defense Bar, testified in support of the bill. She discussed the benefits of involving criminal defense attorneys with the board's work. She responded to questions concerning the involvement of defense attorneys; discussion continued on this point.



05:08 PM --
Ms. Rita Cotter, representing herself, testified in support of the bill. She discussed her work on a similar board in Florida, and review teams, generally. She responded to a question concerning participation by defense attorneys.



05:12 PM --
Ms. Maureen Cain, representing the State Public Defender's Office, testified on the bill. She stated support for including defense attorneys on the board.



05:13 PM --
Ms. Lydia Waligorski, representing the Colorado Coalition Against Domestic Violence, testified on the bill.





















05:15 PM



Senator Gardner requested that the bill be laid over. Senator Cooke, vice-chair, laid over the bill.





05:16 PM



The committee adjourned.