S_JUD_2017A 05/01/2017 Committee Summary
Final
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON JUDICIARY
| Date: | 05/01/2017 |
ATTENDANCE
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| Time: | 01:36 PM to 04:19 PM |
Fields
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*
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Holbert
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X
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| Place: | SCR 352 |
Kagan
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X
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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 | |||
| Conrad Imel | |||
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X = Present, E = Excused, A = Absent, * = Present after roll call
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| Bills Addressed: | Action Taken: | ||
| HB17-1252 HB17-1330 HB17-1331 HB17-1284 HB17-1132 HB17-1302 HB17-1326 |
Referred to the Committee of the Whole - Consent Calendar Referred to the Committee of the Whole - Consent Calendar Postponed Indefinitely Amended, Referred to Senate Finance Postponed Indefinitely Referred to the Committee of the Whole - Consent Calendar Referred to Senate Appropriations |
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01:37 PM -- HB17-1252
Senator Gardner, chair, called the committee to order. He discussed the upcoming committee schedule.
01:38 PM
Senator Hill, sponsor, presented House Bill 17-1252, concerning the collection of court costs from persons who are convicted of criminal offenses.
01:39 PM -- Mr. Arnold Hanuman, representing the Colorado District Attorneys' Council, Sergeant Dan Haley, representing the Colorado State Patrol, and Ms. Janet Huffor, representing the County Sheriffs of Colorado and the El Paso County Sheriff's Office, came to the table to testify in support of the bill. Ms. Huffor discussed the need for the bill. Sgt. Haley stated support for the bill. Mr. Hanuman discussed prior legislation related to the bill.
| BILL: | HB17-1252 | |
| TIME: | 01:42:25 PM | |
| MOVED: | Holbert | |
| MOTION: | Refer House Bill 17-1252 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: | ||
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VOTE
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Fields
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Yes
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Holbert
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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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01:43 PM -- HB17-1330
Senator Fields and Senator Cooke, co-prime sponsors, presented House Bill 17-1330, concerning disallowing the use of certain convictions for the purpose of adjudicating a person an habitual criminal. Senator Fields explained the bill and discussed its need.
| BILL: | HB17-1330 | |
| TIME: | 01:45:02 PM | |
| MOVED: | Cooke | |
| MOTION: | Refer House Bill 17-1330 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: | ||
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VOTE
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Fields
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Yes
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Holbert
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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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01:45 PM -- HB17-1331
Senator Neville, sponsor, presented House Bill 17-1331, concerning protecting Colorado citizens who are engaged in an act that is protected by the Colorado Constitution from outside agencies. He responded to questions from the committee concerning the effect of the bill. Senator Neville and the committee discussed hypothetical situations to which the bill may apply.
01:55 PM
Senator Neville and the committee continued to discuss the applicability of the bill, including how the bill would apply to actions outside of Colorado, and to actions in Colorado by residents of other states. Discussion continued concerning whether the bill violates the U.S. Constitution.
02:07 PM
Discussion continued between the committee and sponsor concerning remedies for violation under the bill, and the need for the bill.
02:12 PM -- Mr. Scott Turner, representing the Colorado Attorney General's Office, testified in opposition to the bill. Mr. Turner discussed the potential effect of the bill, including the effect on law enforcement agencies. Mr. Turner also discussed the possibility of increased litigation as a result of the bill. Senator Neville and Mr. Turner, in a response to a question, commented on a House amendment to the bill.
02:17 PM -- Director Mike Rankin, Director of the Colorado Bureau of Investigation (CBI) within the Department of Public Safety, testified in opposition to the bill. Dir. Rankin discussed the benefits of agreements with law enforcement agencies in other states, and the effect of the bill on CBI's work with other states' law enforcement agencies. He also discussed the constitutionality of the bill.
Mr. Turner responded to a question from the sponsor concerning arrests in Colorado and the effect of the bill on certain arrests or prosecutions. Dir. Rankin commented on interstate investigations conducted in cooperation with law enforcement agencies in other states.
02:27 PM
Dir. Rankin responded to a question about hypothetical situations to which the bill may apply; Senator Neville commented. Mr. Turner responded to a question concerning the effect of the bill on law enforcement work on interstate investigations and cases. Senator Fields commented on the need for HB 17-1331. In response to a question, Senator Neville discussed governmental overreach. Dir. Rankin commented on the effect of the bill on CBI's work and the need for the bill.
02:37 PM
Dir. Rankin, in response to questions, discussed the authority of CBI agents to enforce federal law. Senator Neville commented.
02:41 PM -- Ms. Cindy Sovine-Miller, representing herself, testified in support of the bill. She discussed the purpose and benefits of the bill. Ms. Sovine-Miller responded to a question concerning confusion that may result if HB 17-1331 is enacted.
02:44 PM
Senator Neville provided closing remarks on the bill.
Senator Kagan discussed a possible amendment to the bill. Senator Gardner distributed amendments L.002 (Attachment A) and L.003 (Attachment B). Senator Gardner explained amendment L.002. Senator Neville commented.
17SenateJud0501AttachA.pdf 17SenateJud0501AttachB.pdf
| BILL: | HB17-1331 | |
| TIME: | 02:50:56 PM | |
| MOVED: | Gardner | |
| MOTION: | Adopt amendment L.002 (Attachment A). The motion passed on a vote of 4-1. | |
| SECONDED: | ||
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VOTE
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Fields
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Yes
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Holbert
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No
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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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YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS
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02:51 PM
Senator Gardner explained amendment L.003. Senator Neville commented. At the request of Senator Kagan, amendment L.003 was severed between lines 3 and 4.
| BILL: | HB17-1331 | |
| TIME: | 02:53:48 PM | |
| MOVED: | Gardner | |
| MOTION: | Adopt amendment L.003 (Attachment B), severed section A (lines 1-3). The motion passed on a vote of 3-2. | |
| SECONDED: | ||
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VOTE
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Fields
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Yes
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Holbert
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No
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Kagan
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No
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Cooke
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Yes
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Gardner
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Yes
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YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS
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Senator Neville requested that the bill be postponed indefinitely.
| BILL: | HB17-1331 | |
| TIME: | 02:57:21 PM | |
| MOVED: | Holbert | |
| MOTION: | Postpone House Bill 17-1331 indefinitely. The motion passed on a vote of 5-0. | |
| SECONDED: | ||
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VOTE
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Fields
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Yes
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Holbert
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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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02:58 PM
The committee recessed.
03:04 PM -- HB17-1284
The committee returned to order. Senator Aguilar and Senator Gardner, co-prime sponsors, presented House Bill 17-1284, concerning protecting at-risk adults from mistreatment by establishing a check of the Colorado adult protective services data system for persons employed to provide direct care to at-risk adults, and, in connection therewith, making an appropriation. Senator Aguilar distributed an informational handout to the committee (Attachment C), and explained the purpose of the bill. Senator Gardner explained the need for the bill and discussed its benefits. Senator Aguilar responded to committee questions on the bill.
17SenateJud0501AttachC.pdf
03:10 PM -- Jeanette Hensley, representing Colorado Senior Lobby, testified in support of the bill.
03:11 PM -- Ms. Allison Daley, representing Colorado Counties, Inc., testified in support of the bill.
03:11 PM -- Ms. Mindy Kemp, representing the Colorado Department of Human Services (DHS), testified in support of the bill. She provided an overview of the Adult Protective Services program within DHS. Ms. Kemp responded to a question concerning language in the bill.
03:13 PM -- Ms. Marijo Rymer, representing The ARC of Colorado, testified in support of the bill. She discussed a situation to which the bill would apply.
03:15 PM -- Mr. Doug Farmer, representing the Colorado Health Care Association, testified in support of the bill. Mr. Farmer stated he would like the bill amended, and discussed issues with the bill concerning time frames provided in the bill, and costs associated with the bill.
03:17 PM -- Mr. David Bolin, representing the Colorado Longterm Assisted Service Providers, testified in support of the bill. He discussed issues with time frames in the bill, and the effect of specific provisions of the bill.
03:20 PM -- Ms. Kris Geraths, representing Background Information Services, testified in support of the bill. In response to a question, she discussed time frames in he bill. Senator Gardner commented on a forthcoming amendment.
03:22 PM
Senator Gardner moved and explained amendments L.007 (Attachment D), L.011 (Attachment E), and L.012 (Attachment F).
17SenateJud0501AttachD.pdf 17SenateJud0501AttachE.pdf
17SenateJud0501AttachF.pdf
| BILL: | HB17-1284 | |
| TIME: | 03:23:49 PM | |
| MOVED: | Gardner | |
| MOTION: | Adopt amendment L.007 (Attachment D). The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Fields
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Holbert
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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: | HB17-1284 | |
| TIME: | 03:24:03 PM | |
| MOVED: | Gardner | |
| MOTION: | Adopt amendment L.011 (Attachment E). The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Fields
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Holbert
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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: | HB17-1284 | |
| TIME: | 03:24:15 PM | |
| MOVED: | Gardner | |
| MOTION: | Adopt amendment L.012 (Attachment F). The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Fields
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Holbert
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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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03:24 PM
| BILL: | HB17-1284 | |
| TIME: | 03:24:32 PM | |
| MOVED: | Gardner | |
| MOTION: | Refer House Bill 17-1284, as amended, to the Committee on Finance. The motion passed on a vote of 4-1. | |
| SECONDED: | ||
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VOTE
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Fields
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Yes
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Holbert
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No
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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: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS
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03:25 PM -- HB17-1132
Senator Gardner, sponsor, presented House Bill 17-1132, concerning judicial disqualification in civil actions. Senator Gardner explained the bill and discussed its need.
03:31 PM -- Ms. Amy DeVan, representing the Colorado Bar Association, testified in opposition to the bill. She explained provisions in existing Colorado court rules relating to judicial disqualification, and potential abuse of HB 17-1132 if it is adopted. Ms. DeVan responded to questions concerning standards for review of judicial recusal decisions, and the effect of the bill in light of existing Colorado court rules.
03:35 PM
Senator Gardner provided closing remarks on the bill. He responded to questions concerning House amendments to the bill.
| BILL: | HB17-1132 | |
| TIME: | 03:43:19 PM | |
| MOVED: | Gardner | |
| MOTION: | Refer House Bill 17-1132 to the Committee of the Whole. The motion failed on a vote of 2-3. | |
| SECONDED: | ||
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VOTE
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Fields
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No
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Holbert
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Yes
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Kagan
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No
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Cooke
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No
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Gardner
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Yes
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YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL
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| BILL: | HB17-1132 | |
| TIME: | 03:44:00 PM | |
| MOVED: | Kagan | |
| MOTION: | Postpone House Bill 17-1132 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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Fields
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Holbert
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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:
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03:44 PM -- HB17-1302
Senator Gardner and Senator Fields, co-prime sponsors, presented House Bill 17-1302, concerning matters related to sexually explicit images of a juvenile, and, in connection therewith, requiring a post-enactment review of the implementation of this act.
03:46 PM -- Ms. Raana Simmons, representing the Colorado Coalition Against Sexual Assault and the Colorado District Attorneys' Council, testified in support of the bill.
03:47 PM -- Ms. Jordyn Monnin, representing Abash the Past, testified in support of the bill.
03:49 PM
Senator Fields provided closing remarks.
| BILL: | HB17-1302 | |
| TIME: | 03:50:08 PM | |
| MOVED: | Fields | |
| MOTION: | Refer House Bill 17-1302 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: | ||
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VOTE
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Fields
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Yes
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Holbert
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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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03:50 PM -- HB17-1326
Senator Gardner and Senator Kagan, co-prime sponsors, presented House Bill 17-1326, concerning creation of the justice reinvestment crime prevention initiative, and, in connection therewith, funding the initiative through savings created by parole reforms and making and reducing an appropriation. Senator Gardner explained the bill and explained his purpose for bringing the bill. Senator Kagan discussed the effect of the bill.
03:53 PM -- Ms. Christie Donner, Executive Director, Colorado Restorative Justice Reform Coalition, testified in support of the bill. She discussed working on legislation concerning criminal justice reform and the policy issues addressed by the bill. She responded to questions concerning the authority of parole officers under the bill, and information used in crafting the bill to determine the effect on offenders.
04:00 PM -- Ms. Alexandria Wise, representing Community Enterprise Development Services, testified in support of the bill. She discussed financial issues faced by offenders, specifically addressing small business lending opportunities.
04:02 PM -- Pastor Taj Stokes, representing Thrive Colorado Springs, testified in support of the bill. He discussed situations in which offenders would benefit from the bill's provisions.
04:04 PM -- Mr. Roger Przybylski, representing RKC Group, testified in support of the bill. He discussed the effect of existing policies and the benefits of the bill.
04:07 PM -- Mr. Hassan Latif, representing Second Chance Center, testified in support of the bill. He discussed the work of Second Chance Center. Mr. Latif responded to a question concerning entrepreneurship ideas contained in the bill.
Senator Cooke called those who made themselves available for questions: Ms. Rachel Harlow Schalk, Department of Local Affairs; Ms. Christiano Sosa, Community Foundations; and Ms. Melissa Roberts, Department of Corrections. There were no questions from the committee.
04:13 PM
Senator Gardner and Senator Kagan each provided closing remarks on the bill.
| BILL: | HB17-1326 | |
| TIME: | 04:19:09 PM | |
| MOVED: | Gardner | |
| MOTION: | Refer House Bill 17-1326 to the Committee on Appropriations. The motion passed on a vote of 4-1. | |
| SECONDED: | ||
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VOTE
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Fields
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Yes
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Holbert
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No
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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: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS
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04:19 PM
The committee adjourned.