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S_JUD_2017A 05/03/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON JUDICIARY

Date: 05/03/2017
ATTENDANCE
Time: 01:41 PM to 02:18 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:
HB17-1204 Amended, Referred to Senate Appropriations





01:41 PM -- HB17-1204



Senator Gardner, chair, called the committee to order. Senator Cooke, sponsor, presented House Bill 17-1204, concerning juvenile delinquency record expungement, and, in connection therewith, making an appropriation. Senator Cooke discussed the process for expungement under the bill and responded to questions from the committee concerning situations to which the bill may apply.



01:45 PM --
Ms. Elise Logemann, representing the Colorado Juvenile Defender Center, testified in support of the bill. She discussed the current process for expungement and the effect of HB 17-1204. Ms. Logemann responded to a question concerning the difference between record sealing and expungement by saying that sealing marks a record as "sealed," whereas expungement destroys a document. She clarified that the bill does not cause records to be destroyed, and explained why the term "expungement" is used in the bill.



01:50 PM --
Mr. Arnold Hanuman, representing the Colorado District Attorneys' Council, testified on the bill. He explained the importance of expungement, and of keeping information available for prosecutors. Mr. Hanuman also clarified his position on the bill, and in response to an earlier question of the sponsor, stated that the bill's provision would not apply retroactively.



01:53 PM --
Ms. Meghan Dollar, representing the Colorado Municipal League, testified in support of the bill. She explained the work of interested parties, including municipal judges, on the bill.



01:54 PM --
Mr. Greg Romberg, representing the Colorado Press Association and the Colorado Broadcasters Association, testified on the bill. He discussed working on the bill and amendments concerning when information is made public.

























01:55 PM --
Mr. Adam Graber, representing the Colorado Juvenile Defender Center, testified on the bill. He read the statement of a client.



Senator Cooke distributed amendments L.030 (Attachment A) and L.032 (Attachment B).



17SenateJud0503AttachA.pdf17SenateJud0503AttachA.pdf 17SenateJud0503AttachB.pdf17SenateJud0503AttachB.pdf



01:59 PM --
Ms. Carrie Thompson, representing the Colorado Criminal Defense Bar, testified on the amendments to the bill. She explained amendment L.030, and responded to committee questions. Ms. Logemann returned to the table to respond to questions concerning amendment L.030. Ms. Logemann also explained amendment L.032.

BILL: HB17-1204
TIME: 02:12:57 PM
MOVED: Cooke
MOTION: Adopt amendment L.032 (Attachment B). 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: HB17-1204
TIME: 02:13:45 PM
MOVED: Cooke
MOTION: Adopt amendment L.030 (Attachment A). 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: HB17-1204
TIME: 02:14:09 PM
MOVED: Gardner
MOTION: Amend proposed amendment L.030, page 3, lines 22-23, strike "If the records are eligible for expungement pursuant to subsection (5) of this section," and page 4, line 5, strike "17" and substitute "24". 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



Mr. Hanuman returned to the table to respond to a question concerning victim notification.






























BILL: HB17-1204
TIME: 02:17:12 PM
MOVED: Cooke
MOTION: Refer House Bill 17-1204, 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





02:18 PM



The committee adjourned.