S_JUD_2024A 02/05/2024 01:32:25 PM Committee Summary

Senator Gardner, co-prime sponsor,  presented House Bill 24-1020, concerning the enactment of the Colorado Revised Statutes 2023 as the positive and statutory law of the state of Colorado. 

A document entitled "Revisor's Changes" prepared by the Office of Legislative Legal Services was distributed to committee members (Attachment A).

Senator Exum, co-prime sponsor, presented House Bill 24-1090, concerning release of identifying information in criminal justice records. He explained the bill fixes an oversight found in Senate Bill 23-075, deletion of a child's name from criminal justice records.

Mr. Terry Scanlon, representing Judicial, testified in support of the bill.

Mr. James Karbach, representing Colorado State Public Defender, testified in support of the bill.

Jeremy Schupbach, representing Colorado Municipal League, testified in support of the bill.

Senator Fields, co-prime sponsors, joined the hearing and made closing comments, along with Senator Exum. 

Senator Sullivan, prime sponsor, presented Senate Bill 24-003, concerning the authority of the Colorado Bureau of Investigation (CBI) to investigate illegal activity involving firearms, and, in connection therewith, making an appropriation.   Senator Sullivan proceeded to explain background checks denials and associated investigations, or lack thereof.  He explained the bill will provide resources to CBI to assist with background check denail investigations. He stressed the bill enforces current laws.

Senator Sullivan distributed and explained Amendment L.001, to clarify roles and duties of the various entities involved (Attachment B).

Committee members asked questions about the district attorney (DA) role in this process. Discussion followed about workloads and familiarity with data and other investigatory tools. 

Mr. Joe Roybal, representing El Paso County Sheriff’s Office, testified in opposition to the bill.

Mr. Jason Mikesell, representing Teller County Sheriff, testified in opposition to the bill.

Commitee members asked questions about local law enforcement opposition to CBI assisting with background check denial investigations. 

Mr. Chris Schaefer, representing Colorado Bureau of Investigation, testified in support of the bill.

Dave Hayes, representing Colorado Association of the Chiefs of Police, testified in support of the bill.

Tom Mauser, representing themself, testified in support of the bill.

Mr. Nephi Cole, representing National Shooting Sports Foundation, testified in support of the bill.

Committee members asked questions about CBI expertise in conducting investigations.  Discussion followed about chain of command between local jurisdictions and CBI.  Further questions were raised about local jurisdictions that refuse investigatory assistance from CBI. 

Mr. Peter Gurfein, representing Giffords Gun Owners for Safety, testified to amend the bill.

Mr. Todd Rowell, representing Mesa County Sheriff's Office / County Sheriffs of Colorado, testified to amend the bill.

Mr. Tom Raynes, representing themself, testified to amend the bill.

Mr. Travis Sides, representing District Attorney for the 13th Judicial District, testified to amend the bill.

Discussion ensued with the amend position panel. The panelists raised concerns about state overreach and right of first refusal for CBI investigations.  Committee members asked about the low number of investigations and subsequent charges for background check denials.

Mr. Rich Orman, representing themself, testified in support of the bill.

Kelly Murphy, representing themself, testified in support of the bill.

Eileen McCarron, representing Colorado Ceasefire, testified in support of the bill.  She distributed a handout about gun sales in El Paso County (Attachment C).

Committee members asked questions about the handout.  Discussion followed about reasons for local law enforcement's resistance to CBI investigatory assistance. 

Mr. Travis Sides, representing District Attorney for the 13th Judicial District, testified to amend the bill.

Ms. Alexis King, representing District Attorney for the 1st Judicial District, testified to amend the bill.

Mr. Michael Allen, representing District Attorney for the 4th Judicial District, testified to amend the bill.

Mr. John Morrison, representing themself, testified to amend the bill.

The DAs on the panel raised concerns about local control and the chain of command between CBI and local law enforcement agencies.They also made points the bill is overly broad and unnecessary.  

Committee members asked questions about prosecutorial discretion.  Additional questions were raised about CBI and local investigations.  Discussion followed about unlawful firearm activity, as referenced in the bill.

Mr. Ian Escalante, representing Rocky Mountain Gun Owners, testified in opposition to the bill.

Mr. Mark Horvath, representing themself, testified in opposition to the bill.

Mr. Edward Schoenheit, representing themself, testified in opposition to the bill.

Fiona Macdonald, representing Students Demand Action, testified in support of the bill.

Ms. Norah Krause, representing Students Demand Action, testified in support of the bill.

Grant Cramer, representing Students demand action, testified in support of the bill.

Ms. Iris Osmulski, representing Students Demand Action, testified in support of the bill.

Mr. Erik Stone, representing Teller County, testified to amend the bill.

Mr. Dan Williams, representing Teller County BOCC, testified in opposition to the bill.

Mr. JD Murphree, representing themself, testified in opposition to the bill.

Ms. Jane Dougherty, representing themself, testified in support of the bill.

Kathy Hagen, representing themself, testified in support of the bill.

Mr. Ronald Dietz, representing themself, testified in opposition to the bill.

Mr. Corey Blair, representing themself, testified in opposition to the bill.

Huey Laugesen, representing Colorado State Shooting Association, testified in opposition to the bill.

Ms. Grace Taub, representing Students Demand Action, testified in support of the bill.

Ms. Sophia Levy, representing themself, testified in support of the bill.

Mr. Mario Acevedo, representing themself, testified in opposition to the bill.

Josh Metzel, representing themself, testified in opposition to the bill.

Mr. Phillip Dvorak, representing themself, testified in opposition to the bill.

Emily Engelhaupt, representing Giffords, testified in support of the bill. 

Pat Rottschaefer, representing themself, testified in support of the bill.

Victor Bencomo, representing Giffords, testified in support of the bill.

Mr. Philip Donovan, representing themself, testified in opposition to the bill.

Ms. Alicia Garcia, representing themself, testified in opposition to the bill.

Seth Stern, representing themself, testified in opposition to the bill.

Christa Palmer, representing Moms Demand Action for Gun Sense, testified in support of the bill.

Lydia Waligorski, representing themself, testified in support of the bill.

Ms. Christie Burton, representing Colorado Faith Communities United to End Gun Violence, testified in support of the bill.

Richard Orf, representing Associated Governments of Northwest Colorado, testified in opposition to the bill.

Mr. Jimmy Smrz, representing themself, testified in opposition to the bill.

Mr. Brandon Dewey, representing themself, testified in opposition to the bill.

Ms. Hope Scheppelman CO GOP Vice Chairwoman, representing themself, testified in opposition to the bill.

Mr. Dan Volz, representing Colorado Bureau of Investigation, was available to answer committee questions.  He responded to questions about staff and capacity to investigate firearm denials.  He also discussed CBI interactions with local law enforcement and referrals to DAs.

Senator Sullivan recapped Amendment L.001 about clarifiying roles and duties for involved agencies (Attachment B).

Senator Gardner distributed and explained Amendment L.002 to narrow the scope of unlawful firearm activity in the bill (Attachment D).

Senator Van Winkle distributed and explained Amendment L.003 to place limitations on the investigations (Attachment E).

Senator Sullivan made closing comments.

Committee members made closing remarks. 

Senators Gardner and Hinrichsen, co-prime sponsors, presented Senate Bill 24-013, concerning the compensation of attorneys working in the office of a district attorney. 

Brian Mason, representing District Attorney for the 17th Judicial District, testified in support of the bill.

Mr. Travis Sides, representing District Attorney for the 13th Judicial District, testified in support of the bill.

Alexis King, representing District Attorney for the 1st Judicial District, testified in support of the bill.

Heidi McCollum, representing District Attorney for the 5th Judicial District, testified in support of the bill.

Mr. Tom Raynes, representing Colorado District Attorneys' Council, testified in support of the bill.

Committee members asked questions about retention and recruitment.

Christian Champagne, representing District Attorney for the 6th Judicial District, testified in support of the bill.

Ms. Anne Kelly, representing District Attorney for the 12th Judicial District, testified in support of the bill.

Gordon McLaughlin, representing District Attorney for the 8th Judicial District, testified in support of the bill.

Maggie Conboy, representing Assistant District Attorney for the 2nd Judicial District, testified in support of the bill.

The bill sponsors made closing comments.