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S_JUD_2019A 03/18/2019 01:31:52 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON JUDICIARY
Date 03/18/2019
Attendance
Cooke X
Gardner X
Rodriguez X
Gonzales *
Lee X
X = Present, E = Excused, A = Absent, * = Present after roll call
Time 01:31:52 PM to 06:00:15 PM
Place SCR 352
This Meeting was called to order by Senator Lee
This Report was prepared by Juliann Jenson
Hearing Items Action Taken
SB19-163 Referred to Senate Appropriations
HB19-1166 Amended, referred to the Committee of the Whole - Consent Calendar
SB19-175 Lay Over
HB19-1025 Referred to Senate Appropriations

SB19-163 - Referred to Senate Appropriations


01:32:06 PM  

Senator Pettersen, sponsor, explained SB19-163, regarding the continuation of the Cold Case Task Force.

Chris Schaefer, representing the Department of Public Safety, spoke in support of the bill.  He discussed collaboration and best practices. 

Audrey Simkins, representing the Colorado Bureau of Investigation, spoke in support of the bill.  She cited statistics on the number of on-going and solved cold cases and mentioned notable cases.  Committee discussion followed about genetic testing and crime solving.  



01:42:58 PM
Motion Refer Senate Bill 19-163 to the Committee on Appropriations.
Moved Gardner
Seconded
Cooke Yes
Gardner Yes
Rodriguez Yes
Gonzales Yes
Lee Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB19-1166 - Amended, referred to the Committee of the Whole - Consent Calendar


01:43:12 PM  

Senator Zenzinger, sponsor, explained HB19-1166, concerning name-based criminal history record checks, and, in connection therewith, requiring certain persons and entities to submit to a name-based criminal history record check as a condition of employment, appointment, registration, licensure, or certification. 

Kris Geraths, representing Background Information Services, testified in support of the bill.  She explained how a name-based criminal history record is more complete than a fingerprint one. 

Alonzo Martinez, representing the National Association of Professional Background Screeners, testified in favor of the bill.  He discussed how fingerprint background checks only show arrests, not final dispositions.  He answered questions from the committee about background checks and the scope of the bill. 

 

02:00:32 PM  

The committee discussed employment in which background checks are needed and discriminatory hiring practices. 

Senator Zenzinger presented and explained amendment L. 002 (Attachment A) regarding the bill's effective date and also made closing remarks. 



02:12:15 PM
Motion Adopt amendment L.002
Moved Gonzales
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


02:14:41 PM
Motion Refer House Bill 19-1166, as amended, to the Committee of the Whole and with a recommendation that it be placed on the consent calendar.
Moved Gonzales
Seconded
Cooke Yes
Gardner Yes
Rodriguez Yes
Gonzales Yes
Lee Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB19-175 - Lay Over


02:20:27 PM  

Senator Foote, sponsor, explained SB19-175 concerning penalties imposed on the driver of a motor vehicle who causes serious bodily injury to a vulnerable road user.   Senator Foote discussed the increasing number of incidents between vehicles and vulnerable road users, meaning those who are not in a car (i.e. cyclists, pedestrians, etc.).  He explained the current penalties for vehicle drivers in these cases is the same as a speeding violation, and the bill seeks to put the offense in a better context.  He further discussed how the bill would impose a 12 point license violation and suspension of a driver license.  Senator Foote likened it to an increased fine in a school or construction zone. 

Committee members asked questions about determining a penalty not on the conduct per se but on the outcome.   Careless and reckless driving was also discussed. 

 

02:31:52 PM  

Douglas Howey, representing the Colorado Cross Disability Coalition, spoke in support of the bill. He relayed a personal account of being struck by a car while in his wheelchair and how the driver only got one point taken off his or her license. 

Chris Hinds, representing himself, testified in support of the bill. He told the committee how he has been run over two times, once on foot and once in a wheelchair.  He relayed how the driver's ticket was dismissed in the second case.  He stressed the need for accountability and commensurate penalties. 

02:44:57 PM  

Kelly Ashton, representing Cycle Colorado, spoke in support of the bill.  She told the committee about her son,  who while on his motorcycle, was struck by a car trying to beat a yellow light.  She expressed concern that a four point license violation is not a sufficient penalty for seriously injuring another person. 

Marissa Ashton, representing Cycle Colorado, spoke in favor of the measure.  She recapped the same incident as her mother, the previous witness, and the need for accountability. 

Jordan Ashton, representing Cycle Colorado, testified in support of the bill.  As the victim of the motorcycle accident described by the previous witnesses, he stressed the need for a law that better penalizes drivers who cause serious bodily injury. 

02:58:02 PM  

Jack Todd, representing Bicycle Colorado, testified in support of  the bill. He cited Colorado Department of Transportation statistics about careless driving. 

03:01:00 PM  

Skyler McKinley, representing AAA Colorado, spoke in support of the bill. He stated that fatalities of vulnerable road users are on the rise and that everyone is a vulnerable road user at some point. 

03:04:10 PM  

Jill Locantore, representing Walk Denver, testified in favor of the bill.  She noted that nine other states have similar laws.   

Tony Milo, representing the Colorado Contractors Association, spoke in support of the bill. He discussed construction workers and the need to educate motorists about driving safely.  He used the example of National Workzone Safety Week as an educational opportunity.

The committee discussed the relationship between the bill and reducing accidents, regulating behavior, and educating drivers. 

 

03:12:56 PM  

Adelaide Perri, representing herself, spoke in support of the bill, She relayed a personal experience of being hit while riding a bicycle and how little importance was given to her situation.

03:17:47 PM  

Ken Andrews, representing himself, spoke in support of the bill. He relayed a personal story about being hit by a car while on his bicycle. 

03:21:43 PM  

Dave Kemp, representing the City of Boulder, testified in favor of the bill. He discussed the Safe Street Boulder: Vision Zero program and the need to get the safe driving message out through educational outreach. 

03:26:11 PM  

Ben Mitchell, representing the Division of Motor Vehicles, answered questions from the committee about 12 point offenses, aggravating and mitigating factors for provisional licenses, and educational outreach. 

03:32:08 PM  

Triny Willerton, representing herself, spoke in support of the bill.

03:34:15 PM  

She discussed getting hit from behind while on her bike and the need to make roads safer. 

03:36:42 PM  

Tristan Gorman, representing the Colorado Criminal Defense Bar, spoke in opposition to the bill.  She noted concerns that the bill imposes disproprotional penalties and does not mirror approximate cause language in related careless driving provisions.  She also brought up points about the mandatory year-long suspension proposed in the bill as being overly harsh.  She further discussed current penalties for careless driving with and without injuries and the "Move Over for Cody Act," which raises potential jail and financial penalties for drivers who fail to move over for emergency responders. 

Committee members asked questions about restitution and mens rea.   Committee discussion followed about approximate cause and injuries and the natural and probable sequence of events in traffic accidents.   

Maureen Cain, representing the Office of the State Public Defender, testified in opposition to the bill.  She expressed concerns about the one year license suspension as being too long of a time period, as welll as the narrow scope of the bill.



 

 

04:02:53 PM  

Discussion followed regarding provisional licenses, generally, and reckless versus careless driving. 

04:12:46 PM  

Senator Foote introduced and presented amendment L. 001 (Attachment B)  regarding a probationary driver's license.  Committee members expressed concerns that the amendment gives the Department of Revenue too much discretion. 

 

 

 



04:17:25 PM
Motion Adopt amendment L.001
Moved Lee
Seconded
Cooke No
Gardner No
Rodriguez Yes
Gonzales No
Lee No
YES: 1   NO: 4   EXC: 0   ABS:  0   FINAL ACTION:  FAIL
04:17:26 PM  

Senator Foote made closing remarks. 

Senator Lee laid the bill over to discuss amendments to broaden the provisional license section. 



HB19-1025 - Referred to Senate Appropriations


04:23:03 PM  

The committee recessed. 

04:58:10 PM  

The committee was called back to order. 

Senators Rodriguez and Foote explained HB19-1025, concerning the timing of an inquiry into a job applicant's criminal history.  Senator Foote emphasized that employment is a key element of stability for individuals with a criminal past.  Senator Rodriguez stressed that employment reduces recidivism. 

Jack Regenbogen, representing the Colorado Center on Law and Policy, spoke in favor of the bill.  He provided information as to what other states have ban the box laws.  He stressed the bill is modest and balances the interests of both the applicant and employer.  He further noted that the bill does not include a private cause of action provision and accommodates small businesses with a delayed start date.

05:04:17 PM  

Lance Schendorf, representing the Reciprocity Collective, testified in support of the bill.  He relayed a personal  experience of having a difficult time finding a job after prison.  He stressed that employment is key in reducing recidivism.

05:07:44 PM  

Peter Dybing, Colorado Coalition for the Homeless, supports the bill. He shared that he was a convicted felon and had a difficult time finding a job as a firefighter upon release from prison.  He discussed the relationship between homelessness and having a criminal history.

05:11:13 PM  

Micheal Rollerson, represenring Colorado AFL-CIO, testified in support of the bill.  He shared a personal experience of getting out of prison and having a hard time finding a job. He stressed that employment has given him the opportunity to succeed. 

05:13:25 PM  

Majid Mohammed, representing Interfaith Alliance Colorado, supports the bill.   He shared that he committed crimes as a juvenile and stressed that people should not be defined by their worst actions. 

05:21:09 PM  

Nick Colglazier, representing the Colorado Competitive Council, spoke from a neutral position on the bill.  He liked that the bill had no private cause of action and agreed that everyone needs a fair chance to succeed.

05:23:49 PM  

Valerie Schlecht, representing the Colorado Cross Disability Coalition, testified in favor of the bill.  

Molly Bowers, representing Focus Reentry in Boulder County, testified in support of the measure. 

Rev. Roland Halpern, representing the Colorado Council of Churches, spoke in support of the the bill.

Tammy Bellofatto, representing the Colorado Coalition for the Homeless, testified in support of the bill. She discussed employment after prison and noted that former Governor Hickenlooper granted her clemency. 

05:34:03 PM  

Jonathon McMillan, representing My Brother's Keeper, testified in favor of the bill.  He relayed his work with the City and County of Denver with a felony conviction.  He cited statistics regarding crime and African American males. 

05:38:33 PM  

Marcus Weaver, representing Transition from Jail to Community Collaborative, spoke in support of the bill. He discussed the need for second chances. 

05:46:21 PM  

Amanda Lopez, representing the Center for Spirituality At Work, testified in support of the bill. She stressed how employment helps pay restitution, as well as contributes to the economy.  She discussed women and barriers to employment.

Senators Rodriguez and Foote made closing remarks. 



06:00:05 PM
Motion Refer House Bill 19-1025 to the Committee on Appropriations.
Moved Rodriguez
Seconded
Cooke No
Gardner No
Rodriguez Yes
Gonzales Yes
Lee Yes
Final YES: 3   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS


06:00:15 PM   The committee adjourned.






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