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S_JUD_2019A 04/03/2019 01:37:21 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON JUDICIARY
Date 04/03/2019
Attendance
Cooke X
Gardner X
Rodriguez X
Gonzales X
Lee X
Time 01:37:21 PM to 07:50:41 PM
Place SCR 352
This Meeting was called to order by Senator Lee
This Report was prepared by Juliann Jenson
Hearing Items Action Taken
SB19-175 Amended, referred to Senate Finance
HB19-1225 Referred to the Committee of the Whole - Consent Calendar
SB19-191 Amended, referred to Senate Finance
SB19-187 Amended, referred to the Committee of the Whole
HB19-1030 Amended, referred to the Committee of the Whole
SB19-008 Amended, referred to Senate Finance

X = Present, E = Excused, A = Absent, * = Present after roll call

SB19-175 - Amended, referred to Senate Finance


01:38:45 PM  

Senator Foote appeared before the committee to take action on SB19-175, concerning the penalties imposed on the driver of a motor vehicle who causes serious bodily injury to a vulnerable road user.  The bill was originally heard in committee on March 18, 2019, and laid over to work on amendments. 

Senator Foote distributed and explained amendment L. 002 (Attachment A) regarding proximate cause language for careless drivers. 

01:38:58 PM  

Senator Foote distributed and explained amendment L. 003 (Attachment B).  He discussed how this amendment addresses points and license revocations.  He answered questions from the committee about probationary licenses. 

Ben Mitchell, Director, Driver Control, Division of Motor Vehicles (DMV) in the Colorado Department of Revenue, spoke to the amendment and explained how sanctions are applied to drivers. 

Bridgette Tomasetti, Director of the Hearings Officers for DMV in the Department of Revenue, answered questions about the factors considered in granting probationary licenses. 

 



01:40:44 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


01:44:53 PM
Motion Adopt amendment L.003
Moved Gonzales
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
01:45:21 PM  

Senator Foote recapped the merits of the bill. 



01:46:02 PM
Motion Refer Senate Bill 19-175, as amended, to the Committee on Finance.
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



HB19-1225 - Referred to the Committee of the Whole - Consent Calendar


01:46:42 PM  

Senators Lee and Lundeen, co-prime sponsors, explained HB19-1225, concerning prohibiting the use of monetary bail for certain levels of offenses except in certain circumstances.  The senators emphasized that the bill will help ease jail overcrowding, as well as stop the practice of incarcerating individuals because of poverty.  The committee discussed the crimes impacted by this bill. 

01:50:24 PM  

Michael Neil, representing himself and Colorado Cross Disability Coalition, testified in favor of the bill.  He distributed a letter in support of the bill from the executive director of the Colorado Cross Disability Coalition (Attachment C).  He discussed how even short stays in jail wreak havoc on those with disabilities. 

01:54:35 PM  

Natalia Marshall spoke in favor of the bill on behalf of the family of Michael Marshall, an inmate who died while in custody at Denver County Jail for a nonviolent charge of trespassing.   She discussed how her uncle had mental health issues and could not pay bond.  She expressed hope that this bill will save lives by not incarcerating people for minor offenses.  

01:59:32 PM  

Terese Howard, representing Denver Homeless Outloud, testified in support of the bill. She discussed the impacts of jail on homeless people who do not have the money to pay bail. 

02:04:02 PM  

Becca Curry, representing the ACLU of Colorado, spoke in favor of the bill.  She discussed jail overcrowding and the consequences of incarcerating someone for minor offenses.  She distributed two handouts from the ACLU  about Colorado's jail population (Attachments D and E).

Rebecca Wallace, representing the ACLU of Colorado, testified in support of the bill.  She explained that it is a narrow bill that applies to crimes below a misdemeanor, petty offenses, traffic offenses, and municipal offenses.  She noted how only the poorest of the poor stay in jail for these offenses. She stressed the bill has received broad support from the community. 

02:10:48 PM  

Tristan Gorman, representing the Colorado Criminal Defense Bar, testified in support of the bill. She discussed the impact of jail time and the need to move people out of custody.  Maureen Cain, representing the Office of the State Public Defender, was available for questions. 

02:13:46 PM  

Bill Desomer, representing Disability Law Colorado, spoke in support of the bill.  He provided a brief history of disability law in Colorado and discussed the importance of stability factors for this population.

Amanda Bent, representing the Drug Policy Alliance, testified in support of the bill. She explained how substance abuse and criminal activity is exacerbated by poverty. 

02:19:20 PM  

Claire Levy, representing the Colorado Center on Law and Poverty, testified in support of the bill.  She discussed the financial consequences of holding someone in jail for low-level offenses.

Hazel Newman, representing herself as an 8th grader at Stanley British Primary School, testified in support of the bill.  She read a statement from Lisa Nobles of the Colorado Freedom Fund that highlighted the repercussions of keeping people in jail for low-level offenses.

02:26:41 PM  

Elisabeth Epps, representing the Colorado Freedom Fund, testified in favor of the bill.  She distributed a handout regarding organizations in support of the bill (Attachment F).  She discussed her work getting people out of jail. 



02:38:52 PM
Motion Refer House Bill 19-1225 to the Committee of the Whole and with a recommendation that it be placed on the consent calendar.
Moved Lee
Seconded
Cooke Yes
Gardner Yes
Rodriguez Yes
Gonzales Yes
Lee Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB19-191 - Amended, referred to Senate Finance

02:39:12 PM  

Senators Bridges and Marble explained SB19-191, concerning defendants' rights related to pretrial bond.  Senator Bridges summarized the stakeholder process and proposed amendments.   Senator Marble discussed taxpayer savings. 

02:42:36 PM  

Jeff Clayton, representing the American Bail Coalition, spoke in support of the bill.  He discussed hearing times, delays, processing fees, and the intercept of cash deposits. 

02:46:52 PM  

Tom Raynes, representing the Colorado District Attorneys' Council, spoke against the bill.   He expressed concerns about the 48 hour rule, and the need for associated infrastructure, mechanisms, and alternatives. 

Discussion followed about district attorneys pursuing those with failure to appear warrants. 

02:52:18 PM  

Major Stephanie McManus, representing the Denver Sheriff's Office, spoke in opposition to the bill as currently written.  She raised concerns about the realistic application of the bill and the time frames involved. 

 

02:57:17 PM  

Denise Maes, representing the ACLU of Colorado, spoke in support of the bill.  She distibuted a handout outlining support for the bill (Attachment G) and noted that the proposed forthcoming amendments will take care of some of the concerns raised by the Denver Sheriff's Office. 

03:01:23 PM  

Helen Griffiths, representing the ACLU of Colorado, spoke in favor of the measure.  She stressed that it saves taxpayer money,

Rebecca Wallace, representing the ACLU of Colorado, testified in support of the bill. She discussed time frames and presumption of innocence factors.

03:09:39 PM  

Maureen Cain, representing the Office of the State Public Defender, testified in support of the bill. She discussed her work on the Commission on Criminal and Juvenile Justice pre-trial task force.  She provided an example where someone was held in jail for over 24 hours after posting bond. She answered questions about logistics and background checks.  

03:17:24 PM  

The committee asked questions about extending certain time frames based on factors such as mental health or intoxication.

Tristan Gorman, representing the Colorado Criminal Defense Bar, testified in support of the bill. She discussed personal recognizance bonds and reasonable time limits to hold someone between arrest and bond set.

03:24:33 PM  

Eva Frickel, representing the Colorado Freedom Fund, testified in support of the bill. She talked about posting bonds and processing delays. 

Elisabeth Epps, representing the Colorado Freedom Fund, testified in favor of the bill.  She discussed the importance of achieving prompt pretrial liberty and fairness.

03:33:50 PM  

Andrew O'Connor, representing himself, spoke in support of the bill. He discussed his work as a public defender in Sante Fe and suggested that judges should be on-call to release pre-trial detainees more expeditiously.  

Rob Southey, representing Bankers Insurance Company, testified in support of the bill. He discussed bond hearings, targeting the correct population, and forfeiting funds.

Senators Bridges and Marble distributed and explained amendments L. 001- L. 008 (Attachments H, I, J, K, L, M, N, O). 



03:44:30 PM
Motion Adopt amendment L.001
Moved Gonzales
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


03:45:01 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


03:45:22 PM
Motion Adopt amendment L. 003
Moved Gonzales
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


03:46:19 PM
Motion Adopt amendment L. 004
Moved Gonzales
Seconded
Cooke Yes
Gardner Yes
Rodriguez Yes
Gonzales No
Lee Yes
YES: 4   NO: 1   EXC: 0   ABS:  0   FINAL ACTION:  PASS


03:46:42 PM
Motion Adopt amendment L. 005
Moved Gonzales
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


03:47:34 PM
Motion Adopt amendment L. 006
Moved Gonzales
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


03:48:09 PM
Motion Adopt amendment L. 007
Moved Gonzales
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


03:49:09 PM
Motion Adopt amendment L.008
Moved Gonzales
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


03:53:36 PM
Motion Refer Senate Bill 19-191, as amended, to the Committee on Finance.
Moved Gonzales
Seconded
Cooke No
Gardner No
Rodriguez Yes
Gonzales Yes
Lee Yes
Final YES: 3   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB19-1030 - Postponed Indefinitely


03:53:57 PM  

Senators Rankin and Zenzinger, co-prime sponsors, explained HB19-1030, concerning creating the crime of unlawful electronic sexual communication.  They discussed a case in Moffat County where a teacher was sending, via Snapchat, illicit pictures to a student.  Senator Zenzinger emphasized that the case identified a loophole in the law regarding direct evidence of video or pictures (Snapchat automatically erases all video or pictures).  

Committee members asked questions about the frequency and scope of the problem. 

 

 

04:12:46 PM  

Laurie Rose Kepros, representing the Office of State Public Defender and the Colorado Criminal Defense Bar, spoke in opposition to the bill.  She claimed that the bill is unnecessary since other crimes in state law cover this and stressed that images are not needed to sustain a conviction.  She identified and discussed eight crimes in state law that adequately cover or address the conduct that is referenced in the bill.

Ms. Kepros answered questions from the committee about why the prosecutor in Moffat County was unable to secure a conviction.  Committee discussion followed about circumstantial evidence and the definition of person of trust. 

 

04:42:19 PM  

David Ulrich, representing Moffat County Schools, testified in support of the bill. He discussed the teacher and student incident in Craig and expressed concerns that a person of trust is seemingly able to send illicit pictures or videos to a minor without consequence.  

04:45:54 PM  

Chip McIntyre, representing the Moffat County School Board, testified in support of the bill.  He discussed the case in Moffat County and the need to close the loophole. 

04:49:20 PM  

Amanda Gall, representing the Colorado District Attorneys' Council, testified in support of the bill.  She explained that the bill takes two existing crimes in state statute, internet luring and sexual exploitation of a child, and extends them to children ages 15, 16, and 17 in situations involving a person of trust.  She disputed earlier testimony that claimed the incident could have been prosecuted under different crimes. 

Committee members asked questions about the definition of position of trust. 

 

 

05:16:17 PM  

Tim Lopez, representing himself, spoke in support of the bill.  He explained that the bill covers a loophole that is missing.

Senator Zenzinger distributed amendment L. 006 (Attachment P). 



05:19:57 PM
Motion Adopt amendment L.006
Moved Gardner
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
05:19:57 PM  

Senator Lee distributed amendment L. 008 (Attachment Q).   Ms. Kepros and Ms. Gall shared their respective viewpoints and disagreed about various aspects of the amendment.  Senator Lee decided to withdraw the amendment before it was moved. 

 

05:50:47 PM  

Committee members expressed concerns that the bill is both too broad and too narrow in scope.  Other committee members expressed their support to close the loophole regarding images. 

Senators Zenzinger and Rankin made closing remarks and stressed the need to solve this problem before similar cases happen. 

 

 



06:03:51 PM
Motion Refer House Bill 19-1030, as amended, to the Committee of the Whole.
Moved Gardner
Seconded
Cooke Yes
Gardner Yes
Rodriguez No
Gonzales No
Lee No
YES: 2   NO: 3   EXC: 0   ABS:  0   FINAL ACTION:  FAIL


06:04:16 PM
Motion Postpone House Bill 19-1030 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.
Moved Gonzales
Seconded
Cooke No
Gardner No
Rodriguez Yes
Gonzales Yes
Lee Yes
YES: 3   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB19-187 - Amended, referred to the Committee of the Whole


06:04:28 PM  

Senator Gardner explained SB19-187, concerning commissions on judicial performance.  He explained that the bill refines current provisions and primarily addresses senior judges and surveys.  He presented and distributed amendment L. 001 (Attachment R) to make the bill effective immediately. 

Kent Wagner, Executive Director of the Office of Judicial Performance, testified in support of the bill.  He discussed the changes the bill makes to current statute.  He further discussed the senior judge program, surveys, and the need to fill judge vacancies expeditiously.   

06:26:58 PM  

Andrew O'Connor, representing himself, spoke in opposition to the bill. He expressed concerns that pro-se litigants are not part of the survey process. 

06:29:02 PM  

Chris Forsyth, representing the Judicial Integrity Project, spoke in opposition to the bill.  He noted concerns about the surveys not reaching unrepresented litigants and the lack of performance standards for judges.  He recommended that judicial vacancies should be filled by local commissions and suggested substantial changes, or elimination of, the senior judge program.  

 

06:33:24 PM  

Jim Tatton, representing himself, spoke in opposition to the bill. He expressed concerns about removing pro se litigants from the survey.  He answered questions from the committee about who or what groups should be surveyed.

06:37:07 PM  

Jane Smith, representing herself, spoke in opposition to the bill.  She expressed concerns about the lack of accountability for judges and provided exhibits of court orders (Attachments S and T). 

06:41:46 PM  

Mr. Wagner stressed that the intent of the bill is to improve the survey process and increase electronic accessibility  for a better response rate.  He discussed survey marketing and answered questions about the distribution of the survey. 

Senator Gardner recommended an amendment on Second Reading to better reflect the bill's intent to survey a wide range of individuals, instead of making it seem exclusionary.  It was also recommended that language in the bill about non-citizens be changed to any individual who interacts with the court. 

 

 



06:53:43 PM
Motion Adopt amendment L.001
Moved Gardner
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
06:54:16 PM  

Senators Gardner and Lee made closing remarks and stressed that a judicial performance system is foundational to competent judges. 



06:56:44 PM
Motion Refer Senate Bill 19-187, as amended, to the Committee of the Whole.
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
07:00:00 PM  

Senator Lee, as a member of the prevailing party, asked the committee to reconsider HB19-1030 regarding unlawful electronic sexual communication.  



HB19-1030 - Amended, referred to the Committee of the Whole




07:00:34 PM
Motion Reconsider
Moved Lee
Seconded
Cooke Yes
Gardner Yes
Rodriguez Yes
Gonzales Yes
Lee Yes
YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS


07:01:09 PM
Motion Refer House Bill 19-1030, as amended, to the Committee of the Whole.
Moved Lee
Seconded
Cooke Yes
Gardner Yes
Rodriguez Yes
Gonzales Yes
Lee Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB19-008 - Amended, referred to Senate Finance

07:01:19 PM  

Senators Pettersen and Priola, co-prime sponsors, explained SB19-008 concerning substance use disorder treatment in the criminal justice system.  Senator Pettersen discussed how this bill was generated from the Opioid and Other Substance Use Disorders Interim Study Committee. 

Senator Pettersen distributed and explained amendments L. 001, L. 002 and L. 003 (Attachments U, V, and W).  She noted that the amendments decrease the fiscal note.   

Senator Priola discussed the importance of the bill and the fiscal note.  He distributed a letter in support of the bill from the Colorado Foundation for Universal Health Care (Attachment X). 

 

 

07:12:51 PM  

Terri Hurst, representing the Colorado Criminal Justice Reform Coalition, testified in support of the bill. She emphasized that it will improve access to treatment in the criminal justice system.  She discussed the amendments and answered questions about the Law Enforcement Assisted Diversion program, harm reduction, and record sealing.  

07:18:12 PM  

Lisa Raville, representing the Harm Reduction Action Center, spoke in support of the bill. She stated that many communities are ready for partnerships between harm reduction and law enforcement. 

07:20:55 PM  

Meghan Dollar, representing the Colorado Municipal League, spoke in support of the bill.  She stressed the importance of getting people into treatment instead of the criminal justice system.

Alli Daley, representing Colorado Counties Incorporated, testified in support of the bill. She discussed the importance of providing treatment to people in jail.

 

 

07:24:39 PM  

Jamie Feld, representing the Colorado Consortium, spoke in favor of the bill as amended.  She discussed her involvement with the interim committee and the importance of the bill.

JK Costello, representing the Steadman Group, testified in support of the bill. He discussed the safety hazards law enforcement officers face when dealing with people withdrawing.  He told the committee about plans to visit jails across Colorado this summer to provide technical assistance for addiction treatment. 

07:29:50 PM  

Deena Brosi, representing the Public Health Policy Center, spoke in support of the bill. She discussed the growing body of evidence that links involvement with the criminal justice system to substance abuse disorders.

07:32:16 PM  

Mitchell Gomez, representing DanceSafe, testified in support of the bill.  He discussed his work promoting health and safety within the nightlife and electronic music community.

Cheryl Wilson, representing herself, spoke in favor of the bill.  She shared a personal experience involving her daughter and opioid abuse. 

07:44:23 PM  

Tim Lopez, representing himself, spoke in support of the bill.  He discussed how treatment diversion will assist with jail overcrowding.

Senators Pettersen and Priola recapped the amendments and made closing remarks. 



07:46:14 PM
Motion Adopt amendment L.001
Moved Gonzales
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


07:46:29 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


07:46:44 PM
Motion Adopt amendment L.003
Moved Gonzales
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


07:50:32 PM
Motion Refer Senate Bill 19-008, as amended, to the Committee on Finance.
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


07:50:41 PM   The committee adjourned.