S_JUD_2016A 02/29/2016 01:30:30 PM Committee Summary

01:30 PM -- HB16-1017



Senator Roberts, chair, called the committee to order. A quorum was present. Senator Cooke, sponsor, presented House Bill 16-1017, concerning appearances before a victim impact panel.



01:33 PM -- Mr. Fran Lanzer and Ms. Lindsey Nicholson, representing Mothers Against Drunk Driving, testified in support of the bill. Mr. Lanzer explained victim impact panels. Ms. Nicholson made herself available to answer questions. The committee had no questions.



01:38 PM -- Mr. Devin Butler, representing Mothers Against Drunk Driving, testified in support of the bill. Mr. Butler explained his experience as a victim in an accident that involved drunk driving.



01:40 PM -- Mr. Clayton Cooper, representing Mothers Against Drunk Driving, testified in support of the bill. Mr. Cooper explained his experience with victim impact panels.



01:42 PM -- Mr. David Sedbrook, representing Mothers Against Drunk Driving, testified in support of the bill. Mr. Sedbrook described his experiences relating to drunk driving.



Senator Cooke provided closing remarks on the bill.

01:47 PM -- SB16-132



Senator Cooke, sponsor, presented Senate Bill 16-132, concerning clarifying that test results relating to certain DUI offenses are not public information. Senator Cooke explained the bill and distributed and explained amendment L.001 (Attachment A).



16SenateJud0229AttachA.pdf



01:51 PM -- Mr. Abraham Hutt, representing the Colorado Criminal Defense Bar, testified in opposition to the bill. Mr. Hutt explained disclosure of information regarding breath tests, including the performance of machines used to administer breath tests. He also discussed privacy concerns and showed the committee examples of forms provided by law enforcement. He responded to questions about possible amendments and privacy.



02:02 PM -- Ms. Ann Hause and Mr. Jeff Groff, representing the Colorado Department of Public Health and Environment, testified in support of the bill. Ms. Hause explained her reasons for supporting the bill, including privacy concerns, the similarity of breath test records and criminal justice records, and cost.





02:11 PM



Mr. Groff distributed examples of reports associated with breath tests (Attachment B). Mr. Groff explained the report.



16SenateJud0229AttachB.pdf













02:15 PM



The committee discussed the bill and possible amendments.

Senator Merrifield commented on the bill.

02:22 PM -- SB16-019



Senator Cooke, sponsor, presented Senate Bill 16-019, concerning a requirement that court-ordered mental condition examinations be recorded. Senator Cooke discussed amendment L.001 (Attachment C).



16SenateJud0229AttachC.pdf



02:24 PM -- Dr. Richard Martinez, representing the Colorado Psychiatric Society and Colorado Psychological Association, provided testimony in opposition to the bill. He responded to questions regarding forensic evaluations and videotaping such evaluations. In response to a question, Dr. Martinez discussed other states that require videotaping mental evaluations.



02:36 PM -- Dr. Carey Chamberlin, representing the Colorado Psychological Association, testified in opposition to the bill. Dr. Chamberlin discussed ethical concerns related to recording evaluations, and the cost and time that it would take to record mental evaluations. He also discussed confidentiality concerns.



02:40 PM -- Mr. George Brauchler, District Attorney for the 18th Judicial District and representing the Colorado District Attorneys' Council, testified in support of the bill. Mr. Brauchler distributed an article relating to videotaping interviews (Attachment D). Mr. Brauchler discussed the benefits of videotaping mental health evaluations. In response to committee questions, Mr. Brauchler discussed how video recordings would be used in trials and the appropriateness of video recording in certain circumstances.



16SenateJud0229AttachD.pdf



02:49 PM -- Juror #17, representing herself, testified anonymously in support of the bill. Juror #17 discussed her experience serving as a juror at the recent trial of James Holmes.



02:54 PM -- Mr. Peter Weir, District Attorney for the 1st Judicial District, testified in support of the bill. Mr. Weir discussed the types of cases where evaluations would be video recorded and concerns of those who oppose the bill.



02:58 PM -- Mr. Steve Jensen, representing the 1st Judicial District, testified in support of the bill. He discussed cases in which such video recording could be used, and also discussed the benefits of transparency.



03:02 PM -- Mr. Rich Orman, representing the 18th Judicial District, testified in support of the bill. Mr. Orman discussed his experience using video recordings of mental evaluations, and the benefits of video recording.



03:05 PM -- Dr. Patrick Fox, representing the Office of Behavioral Health within the Colorado Department of Human Services, made himself available for questions. Dr. Fox responded to questions regarding the ability to conduct mental evaluations.



















03:09 PM -- Ms. Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill. Mr. Ackerman stated that it is critical that mental evaluations be recorded.



Senator Cooke distributed amendments L.007 (Attachment E) and L.008 (Attachment F).



16SenateJud0229AttachE.pdf 16SenateJud0229AttachF.pdf



03:14 PM -- Ms. Maureen Cain, representing the Colorado State Public Defender and the Colorado Criminal Defense Bar, provided neutral testimony on the bill and amendments. Ms. Cain explained amendments L.007 and L.008.

03:18 PM



Senator Cooke provided closing remarks on the bill. Committee members commented on the bill.

03:21 PM



The committee adjourned.