H_JUD_2018A 02/27/2018 01:47:52 PM Committee Summary

The committee was called to order, a quorum was present. Representative Hamner, prime sponsor, presented Senate Bill 18-060, concerning protective orders in criminal cases.  Representative Hamner explained the effect of the bill and discussed its need.

Ms. Cynthia Kowert, representing the Attorney General's Office, testified in support of the bill. She discussed the importance of the bill's provision pertaining to the transfer of a cell phone account to a petitioner.  Discussion ensued regarding protections for animals under the bill, and property rights associated with cell phone accounts.  Discussion followed regarding the potential effect of SB 18-060 on judicial discretion.

Ms. Kowert responded to further questions regarding the cell phone account property right implications of SB 18-060.  Ms. Kowert responded to questions regarding the process of transferring a cell phone number under the bill.  Discussion returned to the pet protections of the bill, and the effect of the bill on judicial discretion.  Discussion followed regarding the use of tracking devices in cell phones to track victims.  Discussion returned to property interests in cell phone accounts and phone numbers.

Ms. Chris Radoff, and Ms. Catherine Puttmann, representing the Family Law Section of the Colorado Bar Association, testified in support of SB 18-060.  Ms. Radoff discussed the need for the portion of the bill that provides protections for animals.  She responded to questions regarding the types of animals that may fall within the scope of the bill, and the time lengths of protection orders facilitated by the bill.  Ms. Puttmann explained how victims of domestic violence are ushered through the criminal justice process, and discussed the benefits of the animal protections provided by the bill.  Ms. Puttmann addressed cell phone-related questions raised during earlier testimony.  Ms. Radoff addressed questions regarding the types of animals covered by SB 18-060, and how the animal protection portion of the bill would operate when the perpetrator is in possession of the animal.

Ms. Mary Beth Vasco, representing herself, and Ms. Rita Sneider-Cotter, representing Family Tree and Colorado Coalition Against Domestic Violence, testified in support of SB 18-060.  Ms. Sneider-Cotter discussed the importance of protection orders, and the benefits of the protection orders instituted by the bill.  Ms. Vasco discussed the link between animal abuse and domestic violence, and related her experiences as a victim of domestic violence.

Ms. Kristina Bergsten, representing Colorado Voters for Animals, testified in support of the bill.  Ms. Bergsten discussed the connections between domestic violence and animal cruelty, and related her experience as a victim of domestic violence.

Ms. Lydia Waligorski, representing the Colorado Coalition Against Domestic Violence, testified in support of the bill.  Ms. Waligorski addressed questions raised during earlier testimony.  Discussion ensued regarding the process by which a cell phone account is transferred under the bill, and the position of telecommunications providers on SB 18-060.

Representative Hamner explained the effect of L.007 (Attachment A).

Various committee members provided their positions on SB 18-060. Representative Hamner provided closing remarks in support of the bill.

Representative Michaelson Jenet, prime sponsor, presented House Bill 18-1131, concerning a program to facilitate conducting judicial proceedings via networking technology.  Representative Michaelson Jenet explained the effect of the bill and discussed its need.  She also explained the effect of amendment L.007 (Attachment B).  Committee members received a preamended version of the bill (Attachment C).

Ms. Alli Daley, representing Colorado Counties, Inc., testified in support of the bill. Ms. Daley discussed the benefits of instituting the programming created by the bill, as well as the benefits of amendment L.007.  Ms. Daley responded to questions regarding instituting a similar program for youth adjudication proceedings, and potential cost savings associated with the bill. Ms. Daley responded to questions regarding certain protections afforded defendants under the bill, and the Judicial Department's position on the bill.

Ms. Kendyl Salcito, representing herself, testified on the bill from a neutral position. Ms. Salcito expressed some concerns with HB 18-1131.  She proposed some potential amendments to the bill.  Discussion ensued regarding the scope of the bill in terms of the number of counties that may participate in the bill's programming, and certain constitutional issues associated with the bill.

Ms. Meghan Dollar, representing the Colorado Municipal League, testified in support of HB 18-1131, along with amendment L.007. She spoke in favor of the provision that allows municipal courts to opt in to the bill's programming, and discussed the bill's efficiency and cost savings benefits.

Ms. Maureen Cain, representing the Office of the State Public Defender, explained how her office is impacted by judicial proceedings conducted remotely, and discussed certain benefits that may result from the bill. Ms. Cain responded to questions regarding the bill's compliance with the Colorado Rules of Criminal Procedure, and how HB 18-1131 affects hearings on mental health.  Ms. Cain responded to questions regarding the circumstances under which the bill allows the use of telejustice, and the potential for creating a telejustice pilot program.

Discussion ensued regarding some benefits of face-to-face communications not captured by remote communications. Ms. Cain responded to questions regarding language in the bill pertaining to the physical presence of a defendant, and certain potential constitutional issues invoked by the bill.

Representative Benavidez expressed concerns with certain language in HB 18-1131. Discussion ensued regarding even-handed use of telejustice. Representative Carver dialogued with Ms. Cain about some potential concerns. Discussion ensued regarding the potential overuse of telejustice, and the potential for amending the bill to address certain issues.

Representative Michaelson Jenet provided closing remarks in support of HB 18-1131.

The committee recessed.

The committee returned to order. Representative Michaelson Jenet, prime sponsor, presented House Bill 18-1132, concerning the amount that the Department of Corrections is required to reimburse a county or city and county for the confinement and maintenance in a local jail of any person who is sentenced to a term of imprisonment in a correctional facility.

Ms. Allison Daley, representing Colorado Counties, Inc, testified in support of the bill.  Ms. Daley provided background on the reimbursement structure between the Department of Corrections and counties, and discussed the process by which the bill was crafted.

Representative Michaelson Jenet provided closing remarks in support of HB 18-1132.