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S_JUD_2017A 05/01/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON JUDICIARY

Date: 05/01/2017
ATTENDANCE
Time: 01:36 PM to 04:19 PM
Fields
*
Holbert
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:
HB17-1252

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





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:
VOTE
Fields
Yes
Holbert
Yes
Kagan
Yes
Cooke
Yes
Gardner
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





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:
VOTE
Fields
Yes
Holbert
Yes
Kagan
Yes
Cooke
Yes
Gardner
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





























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.pdf17SenateJud0501AttachA.pdf 17SenateJud0501AttachB.pdf17SenateJud0501AttachB.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:
VOTE
Fields
Yes
Holbert
No
Kagan
Yes
Cooke
Yes
Gardner
Yes
YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS





































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:
VOTE
Fields
Yes
Holbert
No
Kagan
No
Cooke
Yes
Gardner
Yes
YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS



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:
VOTE
Fields
Yes
Holbert
Yes
Kagan
Yes
Cooke
Yes
Gardner
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





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.pdf17SenateJud0501AttachC.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.pdf17SenateJud0501AttachD.pdf 17SenateJud0501AttachE.pdf17SenateJud0501AttachE.pdf



17SenateJud0501AttachF.pdf17SenateJud0501AttachF.pdf

BILL: HB17-1284
TIME: 03:23:49 PM
MOVED: Gardner
MOTION: Adopt amendment L.007 (Attachment D). The motion passed without objection.
SECONDED:
VOTE
Fields
Holbert
Kagan
Cooke
Gardner
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection












































BILL: HB17-1284
TIME: 03:24:03 PM
MOVED: Gardner
MOTION: Adopt amendment L.011 (Attachment E). The motion passed without objection.
SECONDED:
VOTE
Fields
Holbert
Kagan
Cooke
Gardner
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: HB17-1284
TIME: 03:24:15 PM
MOVED: Gardner
MOTION: Adopt amendment L.012 (Attachment F). The motion passed without objection.
SECONDED:
VOTE
Fields
Holbert
Kagan
Cooke
Gardner
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection













































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:
VOTE
Fields
Yes
Holbert
No
Kagan
Yes
Cooke
Yes
Gardner
Yes
Final YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS





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:
VOTE
Fields
No
Holbert
Yes
Kagan
No
Cooke
No
Gardner
Yes
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL


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:
VOTE
Fields
Holbert
Kagan
Cooke
Gardner
Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:

























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:
VOTE
Fields
Yes
Holbert
Yes
Kagan
Yes
Cooke
Yes
Gardner
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





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:
VOTE
Fields
Yes
Holbert
No
Kagan
Yes
Cooke
Yes
Gardner
Yes
Final YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS





04:19 PM



The committee adjourned.