S_JUD_2017A 02/15/2017 Committee Summary

Date:	02/15/2017	ATTENDANCE
Time:	01:33 PM to 08:32 PM	Aguilar	X
		Coram	X
Place:	RM 271	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:
SB17-053 SB17-136 SB17-126 SB17-095		Referred to the Committee of the Whole Postponed Indefinitely Amended, Referred to Senate Appropriations Postponed Indefinitely

01:34 PM



Senator Gardner, chair, called the committee to order. He explained the procedures that would be used during the committee meeting.





01:36 PM -- SB17-053



Senator Sonnenberg, prime sponsor, presented Senate Bill 17-053, concerning requirements for asbestos litigation claims. He responded to a question concerning the need for the bill. The committee and sponsor discussed the bill.



01:42 PM -- Ms. Christine Winokur, representing herself, testified in opposition to the bill. She discussed her personal experience involving her husband's mesothelioma diagnosis. She responded to questions concerning her husband's diagnosis.



01:52 PM -- Ms. Deborah Clark, representing herself, testified in opposition to the bill. She discussed her experience with asbestos contamination on her property and the surrounding area. Ms. Clark further discussed her opposition to the bill and the dangers of asbestos.



























01:56 PM -- Mr. Kevin Hannon, representing the Colorado Trial Lawyers Association, testified in opposition to the bill. He discussed federal regulation of asbestos, and the harms that may arise from asbestos exposure. He explained existing Colorado law concerning asbestos litigation and damages that may arise from those claims. He discussed specific provisions of the bill. Mr. Hannon responded to questions concerning limitations on lawsuits under existing Colorado law by stating that existing law does not limit class action lawsuits, and that existing policy prioritizes cases in which a party may be dying. He also responded to questions about receiving damages from multiple liable parties. Mr. Hannon continued to discuss parties that the bill may apply to, including a discussion of asbestos litigation trusts.



02:09 PM -- Mr. Michael Patrick, representing himself, testified in opposition to the bill. He stated that there are no personal injury class action lawsuits. He explained the difficulties in identifying the party at fault in asbestos exposure cases. Mr. Patrick discussed enterprise liability theory, and stated that it does not apply to asbestos manufacturers in Colorado. Mr. Patrick responded to questions concerning the process of filing personal injury claims related to asbestos liability, including recovering damages from asbestos trusts. He responded to a question concerning his compensation for handling asbestos cases. Mr. Patrick continued to respond to questions about specific provisions in the bill, to which he explained that in other areas of Colorado law, plaintiffs are not required to prove the adequacy of prima facie evidence, except to defend against court motions concerning the sufficiency of the plaintiff's complaint.



02:21 PM -- Mr. David Ortiz, representing the United Veterans Committee of Colorado, testified in opposition to the bill. He explained veterans' exposure to asbestos.



02:25 PM -- Mr. Mark Hillman, representing the Colorado Civil Justice League, testified in support of the bill. He stated that those harmed by asbestos should be able to recover once for their damages, and that preventing double recovery is fair.



02:27 PM -- Ms. Stephanie Montague, representing the Colorado Defense Lawyers Association, testified in support of the bill. She discussed issues concerning damage recovery in asbestos cases. She responded to questions concerning the discovery process used for asbestos-related litigation against solvent companies.



02:35 PM -- Mr. Mark Behrens, representing the U.S. Chamber Institute for Legal Reform, testified in support of the bill. He distributed a form relating to claims against asbestos litigation trusts (Attachment A). He discussed recovery for asbestos-related harm though lawsuits. He stated that the bill would help people receive compensation quicker than under the current laws and rules. In response to a question, he discussed how the bill helps people who are sick. Senator Aguilar commented on Mr. Behrens' testimony, and the bill; Mr. Behrens responded by discussing medical procedures and the timeline for filing cases. Senator Aguilar discussed the bill's requirements of doctors; Mr. Behrens responded.



17SenateJud0215AttachA.pdf



























02:48 PM



Senator Sonnenberg provided closing remarks on the bill and asked for the committee's support. Committee members stated their positions on the bill.

BILL:	SB17-053
TIME:	02:52:32 PM
MOVED:	Cooke
MOTION:	Refer Senate Bill 17-053 to the Committee of the Whole. The motion passed on a vote of 3-2.
SECONDED:
		VOTE
	Aguilar	No
	Coram	Yes
	Kagan	No
	Cooke	Yes
	Gardner	Yes
Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:55 PM -- SB17-136



Senator Gardner explained the procedures that would be used during witness testimony for Senate Bill 17-136. Senator Neville and Senator Kagan, co-prime sponsors, presented Senate Bill 17-136, concerning civil forfeiture reform. Senator Neville explained the need for the bill and discussed its provisions. Senator Kagan provided information on past legislative reforms concerning asset forfeiture. Senator Neville explained the process for civil asset forfeiture in Colorado.



03:08 PM -- Mr. Daniel Culhane, representing himself, testified in support of the bill. Mr. Culhane explained civil asset forfeiture, and the provisions of the bill. He stated that the bill provides for transparency. He responded to a question concerning the applicability of federal law to state and local police contacts. Senator Kagan commented on such a situation.



03:17 PM -- Mr. Thor Eells and Douglas County Sheriff Tony Spurlock came to the table. Mr. Eells, representing the Colorado Association of Chiefs of Police, testified in opposition to the bill. He discussed transparency, and the requirements of law enforcement under the bill. He also discussed participation in federal investigations. He stated that the Colorado Municipal League opposes the bill.



03:23 PM -- Sheriff Tony Spurlock, representing the County Sheriffs of Colorado, testified in opposition to the bill. Sheriff Spurlock discussed the connection between human trafficking and asset forfeiture, and the benefit of asset forfeiture to other law enforcement initiatives. He responded to a question about the standard for law enforcement to seize assets.



















Mr. Eells discussed the reasons that assets are seized. Mr. Eells responded to a question concerning asset seizure procedures and record keeping.





03:33 PM



Sheriff Spurlock responded to a question concerning the importance of asset seizure. Mr. Eells responded to a question concerning the bill's burden on law enforcement.



03:38 PM -- El Paso County Sheriff Bill Elder testified in opposition to the bill. He explained the benefit of asset forfeiture funds. He also discussed specific instances when asset forfeiture may be used. He responded to a question concerning federal forfeiture. He also responded to a question by discussing issues related to controlled substances in El Paso County. Senator Kagan stated that the bill would still allow for seizures. Sheriff Elder responded, and Senator Gardner commented on the effect of the bill. Sheriff Elder explained the effect of the bill on law enforcement.



03:49 PM -- Ms. Heather Carmosino and Captain Terry Manwaring came to the table. Captain Manwaring, representing the Jefferson County Sheriff's Office, testified in opposition to the bill. He discussed his work on investigation units. He discussed specific instances where asset forfeiture was used.



03:53 PM -- Ms. Heather Carmosino, representing the Jefferson County Sheriff's Office, testified in opposition to the bill. She discussed the benefits of asset forfeiture, and explained opposition to specific provisions of the bill.



03:56 PM -- Mr. Mike Rankin and Deputy Chief Mark Savage came to the table. Mr. Mike Rankin, Director of the Colorado Bureau of Investigation, testified in opposition to the bill. He spoke favorably of prior testimony. He discussed the benefits of partnering in federal programs.



04:00 PM -- Colorado State Patrol (CSP) Deputy Chief Mark Savage testified in opposition to the bill. He stated that CSP files criminal charges in every case of asset forfeiture, and discussed the benefits of asset forfeiture. Deputy Chief Savage responded to a question from Senator Neville relating to the programs funded by CSP forfeitures.



Director Rankin, in response to a question, explained the process for state asset forfeiture and federal asset forfeiture.



04:07 PM -- Mr. Tom Raynes, Mr. Scott Turner, and Mr. Dan May, came to the table. Mr. Raynes, representing the Colorado District Attorneys' Council, testified in opposition to the bill. He spoke favorably of prior testimony.



04:09 PM -- Mr. Scott Turner, representing the Colorado Attorney General's Office, testified in opposition to the bill. He discussed how the bill would impact investigations.



04:10 PM -- Fourth Judicial District Attorney Dan May testified in opposition to the bill. He discussed the cost of forfeitures. Mr. May stated that the bill attempts to dictate federal policy. He responded to a question concerning wrongful forfeiture.



















04:14 PM -- Mr. Ray Padilla, representing the Colorado Drug Investigators Association, testified in opposition to the bill. He explained the process for drug investigations and associated forfeitures. Mr. Padilla and Senator Neville discussed specific provisions of the bill.



04:21 PM -- Chief Mike Phibbs, representing the Colorado Association of Chiefs of Police, testified in opposition to the bill. He commented on the effect of the bill on confidential informants.



04:23 PM -- Ms. Zoe Wagner, representing herself, testified in support of the bill. She discussed her experience having assets seized. She responded to a question concerning her experience.



04:26 PM -- Mr. Burt Wagner, representing himself, testified in support of the bill. He discussed his experience having his assets seized. Mr. Wagner also claimed that reporting is not public, and he discussed the difficulty of recovering forfeited assets. In response to questions, Mr. Wagner clarified facts surrounding his situation having assets seized.



04:32 PM -- Ms. Jean Wagner, representing herself, testified in support of the bill. She discussed her experience having assets seized. Ms. Wagner also discussed the cost of fighting asset forfeiture, and the cost to the government of defending seizure. She discussed asset forfeiture, generally. She responded to a question concerning the agencies that seized her funds.



04:39 PM -- Mr. Jason Warf, representing the Southern Colorado Cannabis Council, testified in support of SB 17-136. Mr. Warf discussed what typically happens when law enforcement seizes assets, particularly when a medical marijuana facility is raided. Mr. Warf discussed trends in prosecution of drug crimes.



04:42 PM -- Ms. Jessica LeRoux, representing herself, testified in support of the bill. Ms. LeRoux recounted abuses of the asset forfeiture process at the local level, and discussed the impact of local zoning laws on asset forfeiture.



04:47 PM -- Ms. Jeri Shepherd, representing Colorado NORML, testified in support of the bill. She discussed possible civil asset forfeiture reforms.



04:49 PM -- Mr. Greg Duran, representing the Cannabis Patients Alliance, testified in support of the bill. He discussed his concerns over public perception of law enforcement.



04:54 PM -- Ms. Denise Maes, representing the ACLU of Colorado, testified in support of the bill. She discussed her opposition to asset forfeiture, generally. Ms. Maes provided information relating to asset forfeiture processes. Senator Gardner commented on Ms. Maes' testimony. In response to questions, Ms. Maes discussed the ACLU's efforts to obtain documents relating to civil asset forfeiture from the Department of Regulatory Agencies.



05:00 PM -- Mr. Jimi McFarland, representing himself, testified in support of the bill. Mr. McFarland discussed asset forfeiture and his observations on prior testimony. He stated that the bill was a good compromise between the interests of law enforcement and civil liberties.



05:04 PM -- Mr. Dan Egeland, representing himself, testified in support of the bill. Mr. Egeland discussed funding law enforcement agencies, including the impact of asset forfeiture on agency funding.



















05:06 PM -- Mr. Lee McGrath, representing the Institute for Justice, testified in support of the bill. He discussed asset forfeiture, generally, and the policies in other states.



05:14 PM -- Mr. Derek Smith, representing himself, testified in support of the bill.





05:15 PM



Senator Neville provided closing remarks on the bill, including reading testimony from the American Legislative Exchange Council.





05:24 PM



Senator Kagan provided closing remarks on the bill. Senator Kagan distributed amendments L.001 (Attachment B), L.003 (Attachment C), and L.004 (Attachment D).



17SenateJud0215AttachB.pdf 17SenateJud0215AttachC.pdf



17SenateJud0215AttachD.pdf

BILL:	SB17-136
TIME:	05:30:28 PM
MOVED:	Kagan
MOTION:	Adopt amendment L.001 (Attachment B). The motion passed without objection.
SECONDED:
		VOTE
	Aguilar
	Coram
	Kagan
	Cooke
	Gardner
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

BILL:	SB17-136
TIME:	05:32:44 PM
MOVED:	Kagan
MOTION:	Adopt amendment L.004 (Attachment D). The motion passed without objection.
SECONDED:
		VOTE
	Aguilar
	Coram
	Kagan
	Cooke
	Gardner
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

BILL:	SB17-136
TIME:	05:34:04 PM
MOVED:	Kagan
MOTION:	Adopt amendment L.003 (Attachment C). The motion passed without objection.
SECONDED:
		VOTE
	Aguilar
	Coram
	Kagan
	Cooke
	Gardner
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

05:34 PM



Committee members discussed their positions on the bill.

BILL:	SB17-136
TIME:	05:35:11 PM
MOVED:	Kagan
MOTION:	Refer Senate Bill 17-136, as amended, to the Committee on Appropriations. The motion failed on a vote of 2-3.
SECONDED:
		VOTE
	Aguilar	Yes
	Coram	No
	Kagan	Yes
	Cooke	No
	Gardner	No
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL

BILL:	SB17-136
TIME:	05:38:57 PM
MOVED:	Cooke
MOTION:	Postpone Senate Bill 17-136 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.
SECONDED:
		VOTE
	Aguilar
	Coram
	Kagan
	Cooke
	Gardner
Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

05:39 PM -- SB17-126



Senator Guzman and Senator Gardner presented Senate Bill 16-126, concerning the Colorado Domestic Violence Review Board. Testimony on the bill was heard at the committee's February 13 meeting.

BILL:	SB17-126
TIME:	05:41:16 PM
MOVED:	Gardner
MOTION:	Adopt amendment L.004 (Attachment E). The motion passed without objection. 17SenateJud0215AttachE.pdf
SECONDED:
		VOTE
	Aguilar
	Coram
	Kagan
	Cooke
	Gardner
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

BILL:	SB17-126
TIME:	05:41:31 PM
MOVED:	Gardner
MOTION:	Refer Senate Bill 17-126, as amended, to the Committee on Appropriations. The motion passed on a vote of 5-0.
SECONDED:
		VOTE
	Aguilar	Yes
	Coram	Yes
	Kagan	Yes
	Cooke	Yes
	Gardner	Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

05:42 PM -- SB17-095



Senator Gardner discussed procedures to be used for witness testimony on Senate Bill 17-095.





05:43 PM



The committee recessed.





05:45 PM



The committee returned to order. Senator Guzman, prime sponsor, presented Senate Bill 17-095, concerning the repeal of the death penalty by the General Assembly. She told the committee of the circumstances surrounding her father's death.





06:00 PM



Senator Guzman continued her opening remarks by discussing executions performed in Colorado.



06:02 PM -- Ms. Maisha Fields, representing herself, testified in opposition to the bill. She discussed her experience concerning the murder of her partner, and stated her reasons for opposing the bill.



06:10 PM -- Mr. Tim Ricard, representing himself, testified in support of the bill. He discussed his experience and the death of his wife.



06:15 PM -- Mr. Justin Marceau and Ms. Hollis Whitson, representing themselves, testified in support of the bill. Mr. Marceau distributed copies of his testimony (Attachment F). Mr. Marceau explained his study of death penalty cases in Colorado, and stated that there are constitutional concerns with Colorado's death penalty procedures.



17SenateJud0215AttachF.pdf



06:20 PM -- Ms. Whitson testified in support of the bill. She discussed the costs associated with death penalty cases. Ms. Whitson discussed the impact of death penalty trials on victims.



Mr. Marceau responded to questions concerning jury discretion and racial bias related to imposition of the death penalty. Mr. Marceau, in response to a question, stated that there is no evidence showing that the death penalty has a deterrent effect; Ms. Whitson commented.



























06:30 PM



Mr. Marceau clarified statistics from prior testimony, and responded to questions concerning how the death penalty is applied. Ms. Whitson also commented on the application of the death penalty, including jury selection procedures. Ms. Whitson responded to a question concerning the relationship between the death penalty and plea agreements.



06:42 PM -- Mr. Ezra Aldeen, representing himself, testified in support of the bill. He discussed his experience relating to the death of a family member, and his work as a social worker.



06:45 PM -- Mr. Adrian Miller, representing the Colorado Council of Churches, testified in support of the bill. He discussed the application of the death penalty. He read the testimony of Rabbi Joseph Black. Mr. Miller responded to questions concerning the race and ethnicity of those sentenced to death and of victims. He submitted written testimony to the committee on behalf of Bishop James Gonia (Attachment G).



17SenateJud0215AttachG.pdf



06:52 PM -- Mr. Peter Severson, representing Lutheran Advocacy Ministry Colorado, testified in support of the bill. He made a statement on behalf of the organization.



06:53 PM -- Ms. Maria Liu, representing herself, testified in support of the bill. She discussed specific cases involving the death penalty.



06:57 PM -- Mr. Kevin Bishop, representing himself, testified in support of the bill. He discussed working on death penalty cases.



07:00 PM -- Mr. Robert Autobee, representing himself, testified in support of the bill. He discussed how the judicial and correctional systems function in relation to death penalty cases, including an explanation of his personal experiences. He also commented on the work of the General Assembly. He read a letter he received from the person who murdered his son.



07:10 PM -- Mr. Nathan Woodliff-Stanley, representing the ACLU of Colorado, testified in support of the bill. He discussed the application of the death penalty.



07:13 PM -- Ms. Bert Nieslanik, representing the Office of Alternate Defense Counsel, testified in support of the bill. Ms. Nieslanik discussed the legal proceedings surrounding a death penalty case.



07:17 PM -- Ms. Stacy Anderson, representing the Better Priorities Initiative, testified in support of the bill. She discussed her beliefs on the death penalty.



07:20 PM -- Ms. Lynea Hansen read testimony in support of the bill from Twentieth Judicial District Attorney Stan Garnett (Attachment H).



17SenateJud0215AttachH.pdf













07:27 PM -- Reverend Tina Yankee read the testimony of Frank Thompson, representing Better Priorities Initiative (Attachment I).



17SenateJud0215AttachI.pdf



07:33 PM -- Ms. Jean Fredlund, representing the League of Women Voters, testified in support of the bill.



07:36 PM -- Fourth Judicial District Attorney Dan May testified in opposition to the bill. He stated that if the death penalty is to be repealed, it should be done so by the voters, not the legislature. He discussed the deterrent effect of using the death penalty as punishment. He responded to a question regarding the deterrent effect of the death penalty. He also clarified information provided in his testimony. He responded to questions concerning district attorney discretion to seek the death penalty, and the cases where the death penalty may apply. He submitted a statement to the committee (Attachment J).



17SenateJud0215AttachJ.pdf



07:50 PM -- Eighteenth Judicial District Attorney George Brauchler testified in opposition to the bill. He stated that he believes some cases deserve the death penalty. He commented on research presented in prior testimony. Mr. Brauchler responded to a question relating to district attorney discretion. He also responded to questions concerning the potential for coerced confessions when the death penalty is a sentencing option.





08:00 PM



Mr. Brauchler continued to respond to questions concerning coerced confessions. He responded to a question concerning the availability of drugs used in Colorado to carry out an execution. In response to a question, Mr. Brauchler commented on criminal justice systems in other countries.



08:08 PM -- Mr. Matt Niedzielski, representing Pikes Peak Citizens for Life, testified in opposition to the bill. He discussed how the death penalty protects life, and reasons not to abolish the death penalty.



08:11 PM -- Mr. Kirk Fry, representing himself, testified in opposition to the bill. He commented that the judicial system does not punish certain people quickly enough. He stated his support for the death penalty.



08:14 PM -- Mr. Peter Coulter, representing himself, testified in opposition to the bill. He discussed his friend's involvement in the case of Nathan Dunlap.



08:19 PM -- Mr. Tim Lopez, representing himself, testified in opposition to the bill. Mr. Lopez discussed a case concerning the murder of a women. He discussed cases in other states and court cases concerning the death penalty. He spoke of other cases where the victim was murdered.



















08:27 PM



Senator Guzman provided closing remarks on the bill.

BILL:	SB17-095
TIME:	08:31:31 PM
MOVED:	Kagan
MOTION:	Refer Senate Bill 17-095 to the Committee of the Whole. The motion failed on a vote of 2-3.
SECONDED:
		VOTE
	Aguilar	Yes
	Coram	No
	Kagan	Yes
	Cooke	No
	Gardner	No
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL

BILL:	SB17-095
TIME:	08:32:00 PM
MOVED:	Coram
MOTION:	Postpone Senate Bill 17-095 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.
SECONDED:
		VOTE
	Aguilar
	Coram
	Kagan
	Cooke
	Gardner
Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:

08:32 PM



The committee adjourned.