H_JUD_2016A 05/05/2016 02:14:16 PM Committee Summary
Final
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON JUDICIARY
| Date: | 05/05/2016 |
ATTENDANCE
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| Time: | 02:14 PM to 04:48 AM |
Carver
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X
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Court
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X
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| Place: | RM 271 |
Foote
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*
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Lawrence
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X
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| This Meeting was called to order by |
Lundeen
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X
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| Representative Kagan |
Melton
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X
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Salazar
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X
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| This Report was prepared by |
Willett
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X
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| Bo Pogue |
Wist
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X
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Lee
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X
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Kagan
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X
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X = Present, E = Excused, A = Absent, * = Present after roll call
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| Bills Addressed: | Action Taken: | ||
| SB16-181 SB16-026 SB16-181 SB16-180 SB16-019 SB16-026 HB16-1395 SB16-163 |
Amended, Referred to the Committee of the Whole Postponed Indefinitely Amended, Referred to the Committee of the Whole Amended, Referred to Appropriations Referred to Appropriations Postponed Indefinitely Postponed Indefinitely Referred to Appropriations |
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02:14 PM -- SB16-181
The committee was called to order. A quorum was present. Chairman Kagan provided some information about the day's committee proceedings.
02:19 PM -- SB16-026
One witness was allowed to provide testimony for Senate Bill 16-026, concerning personal rights of protected persons, and, in connection therewith, limiting the ability of a guardian or conservator to isolate a protected person, as follows:
02:20 PM -- Ms. Catherine Falk, representing the National Association to Stop Guardian Abuse and the Catherine Falk Organization, testified in support of the bill. Ms. Falk explained how she was kept from her incapacitated father, and discussed the creation of SB 16-026 and similar legislation in other states. She discussed situations that she seeks to remedy through this legislation. Ms. Falk responded to questions regarding a state uniform law that she proposed.
02:28 PM -- SB16-181
Representatives Kagan and Dore, prime sponsors, presented Senate Bill 16-181, concerning the sentencing of persons convicted of class 1 felonies committed while the persons were juveniles. Representative Kagan explained the effect of the bill and discussed its need.
02:39 PM
Representative Kagan continued to brief the committee on SB 16-181. Representative Dore provided additional input on the merits of the bill.
02:51 PM
Representative Dore continued to discuss the merits of SB 16-181. Representative Kagan responded to questions regarding the scope of the applicability of the bill, and the likelihood that those subject to the new sentencing ranges created under the bill will still die in prison. Discussion ensued regarding the nature of these sentencing ranges and applicable caselaw.
03:03 PM
Representative Kagan explained certain time reductions on sentences, and how the bill affects these sentence reductions. Discussion ensued regarding the different sentencing ranges allowed under the bill. The following persons testified regarding SB 16-181:
03:20 PM -- Ms. Kathleen Lord, representing the Office of the State Public Defender, testified in support of the bill. Ms. Lord discussed changes to sentencing for juveniles made in recent years.
03:24 PM -- Ms. Sharletta Evans, representing herself, testified in support of the bill. Ms. Evans recounted the death of her son, and discussed her efforts to reduce sentences for juveniles convicted of certain crimes.
03:30 PM -- Mr. Stan Garnett, representing the Twentieth Judicial District, testified in support of the bill. Mr. Garnett discussed the need to bring Colorado law into alignment with court findings on the issue of juvenile sentencing. Mr. Garnett responded to questions regarding the support of other district attorneys in Colorado for SB 16-181. Committee members received a letter in support of the bill from Mr. Garnett (Attachment A).
16HouseJud0505AttachA.pdf
03:33 PM -- Ms. Hannah Proff, representing the Colorado Juvenile Defender Center, testified in support of the bill. Ms. Proff discussed jurisprudence on the issue of juvenile sentencing, and further explained the effect of the bill. Committee members received a fact sheet supporting SB 16-181 (Attachment B). Ms. Proff addressed questions raised during earlier testimony. Discussion ensued regarding the sentencing range for juveniles allowed by the bill.
16HouseJud0505AttachB.pdf
03:43 PM -- Mr. Tom Raynes, representing the Colorado District Attorneys' Council, testified in opposition to the bill. Mr. Raynes addressed earlier discussion about jurisprudence surrounding juvenile sentencing, and noted an inconsistency in the bill that may result in a court challenge. Mr. Raynes provided clarification regarding the sentencing range allowed under the bill.
03:56 PM
Discussion continued regarding jurisprudence on the issue of juvenile sentences of life without parole, and the potential for amending the bill to address potential legal conflicts. Mr. Raynes responded to questions regarding his fundamental objection to the bill, and the potential for amending the bill to address his concerns.
04:16 PM
Mr. Raynes responded to questions regarding the source of potential legal challenges to SB 16-181, and the potential impact of uncertain parole dates for offenders on victims' families.
04:21 PM -- Mr. Bruce Grode, representing himself, testified in support of the bill. Mr. Grode recounted his experience as a juror in case for an individual that might be affected by the bill. Mr. Grode responded to questions regarding the persons and facts associated with this case.
04:29 PM -- Ms. Anne Hardy, representing herself, testified in opposition to the bill. Ms. Hardy recounted the murder of her son by a juvenile, and the impact this has had on her family.
04:34 PM -- Ms. Kate Horn-Murphy, representing the Colorado Organization for Victim Assistance and the Colorado Coalition for Criminal and Juvenile Justice, testified in opposition to the bill. Ms. Horn-Murphy discussed the stakeholder process observed during the drafting of the bill, and provided background on the victims of the crimes perpetrated by the 48 individuals that may have reduced sentences as a result of the bill. Ms. Horn-Murphy responded to questions regarding how the bill might be improved to the satisfaction of victims' families, earned time provisions in the bill, and the length of sentences.
04:44 PM
Ms. Horn-Murphy continued to respond to questions concerning the difference between juvenile and adult sentencing, and earned time.
04:48 PM -- Senator Joanne Benson, Maryland State Senate, testified in support of the bill. Senator Benson distributed written copies of her testimony (Attachment C). She recounted the story of a former student who was convicted of a crime committed in Colorado. Senator Benson responded to questions regarding juvenile sentencing schemes in Maryland.
16HouseJud0505AttachC.pdf
04:58 PM
The committee recessed.
05:02 PM
The committee returned to order.
05:03 PM -- Mr. Andrew Cooper, representing the Attorney General's Office, testified in opposition to SB 16-181. Mr. Cooper questioned the necessity for passing the bill to bring the state into compliance with supreme court jurisprudence, and pointed out some potential separation-of-powers issues that may result from the bill's passage. Discussion ensued regarding the separation-of-powers issues.
05:12 PM -- Ms. Satima Porter, representing the Sam Cary Bar Association, testified in support of the bill. Ms. Porter discussed racial disparities in sentencing of juveniles to life without parole, and explained how the bill would help to address this issue.
05:16 PM -- Ms. Linda Mitchell, representing herself, testified in support of the bill. Ms. Mitchell discussed the life sentence her nephew received, and spoke in favor of treating sentencing for juvenile crimes on a case-by-case basis.
05:20 PM -- Ms. Ashley Ratliff, representing the Colorado Juvenile Defender Center and the Office of the Alternate Defense Counsel, testified in support of the bill. Ms. Ratliff read a statement in support of the bill, highlighting a case of juvenile life-without-parole.
05:24 PM -- Ms. Stacie Colling, representing the Office of the Alternate Defense Counsel, testified in support of SB 16-181. Ms. Colling discussed the average life expectancy of a juvenile sentenced to life without parole.
05:27 PM -- Mr. Phil Cherner, representing the Colorado Criminal Defense Bar, testified in support of the bill. Mr. Cherner discussed the likelihood that those eligible for a parole hearing will actually be paroled.
05:31 PM -- Mr. Eric Sandler, representing himself, testified in support of the bill. Mr. Sandler rebutted certain claims made during earlier testimony. Mr. Sandler responded to questions regarding the opposition's claims about certain court rulings on juvenile life without parole.
05:35 PM -- Ms. Davena Frazzini, representing herself, testified in support of the bill. Ms. Frizzini discussed the impact that her father's sentencing to life without parole as a juvenile has had on her. She discussed certain unethical aspects of juvenile sentencing.
05:40 PM
The committee recessed.
05:41 PM
The committee returned to order.
05:41 PM -- Pastor Gordon England, representing himself, testified in support of the bill. Pastor England rebutted claims made by district attorneys.
05:45 PM
Representative Foote explained the effect of amendment L.016 (Attachment D).
16HouseJud0505AttachD.pdf
| BILL: | SB16-181 | |
| TIME: | 05:46:12 PM | |
| MOVED: | Foote | |
| MOTION: | Adopt amendment L.016 (Attachment D). The motion passed without objection. | |
| SECONDED: | Lee | |
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VOTE
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Carver
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Court
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Foote
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Lawrence
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Lundeen
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Melton
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Salazar
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Willett
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Wist
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Lee
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Kagan
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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05:49 PM
Representative Kagan provided closing remarks in support of SB 16-181. Various committee members provided their positions on the bill.
| BILL: | SB16-181 | |
| TIME: | 05:49:58 PM | |
| MOVED: | Kagan | |
| MOTION: | Refer Senate Bill 16-181, as amended, to the Committee of the Whole. The motion passed on a vote of 8-3. | |
| SECONDED: | Melton | |
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VOTE
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Carver
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No
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|
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Court
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Yes
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|
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Foote
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Yes
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|
|
Lawrence
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No
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|
|
Lundeen
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Yes
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|
|
Melton
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Yes
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|
|
Salazar
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Yes
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|
|
Willett
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No
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|
|
Wist
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Yes
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|
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Lee
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Yes
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|
Kagan
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Yes
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Final YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS
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06:09 PM
The committee recessed.
10:56 PM -- SB16-180
The committee returned to order. Representatives Kagan and Ransom, prime sponsors, presented Senate Bill 16-180, concerning a specialized program within the Department of Corrections (DOC) for certain offenders who were convicted as adults for offenses they committed as juveniles. Representative Ransom explained the effect of the bill and discussed its need. Representative Kagan provided input on the need for the legislation.
11:08 PM
Representative Kagan continued to discuss the merits of SB 16-180. Representative Kagan responded to questions regarding the creation of privileges for certain inmates by SB 16-180, and the types of facilities that the DOC would utilize to conduct the program created by the bill. Discussion ensued regarding the selection process for the program, and the age group to which the bill applies. The following persons testified regarding SB 16-180:
11:25 PM -- Mr. Tom Raynes, representing the Colorado District Attorneys' Council, and Mr. Scott Turner, representing the Attorney General's Office, testified in opposition to the bill. Mr. Raynes objected to the fact that the program created by the bill is available to those convicted of a class 1 felony murder, and the undermining of judicial discretion by the bill. Mr. Raynes also raised concerns about certain presumptive language in the bill. Mr. Turner discussed the vague language of the bill, and spoke in favor of mandating certain restorative justice programs. Discussion ensued regarding the prerogative of the DOC to create structure for the program initiated by the bill, and potential separation-of-powers issues with the bill.
11:38 PM -- Mr. Travis Trani, representing the DOC, testified on the bill from a neutral perspective. Mr. Trani discussed certain reforms undertaken by the DOC, and the types of programming to be conducted by the program created under the bill. Mr. Trani responded to questions regarding the ability of the DOC to operate the program without explicit statutory instruction, and the population to be served by the program. Discussion ensued regarding DOC's elimination of administrative segregation. Mr. Trani responded to questions regarding the uniqueness of the program among the states.
11:49 PM -- Pastor Madlyn Tombs, representing New Life Christian Center, testified in support of the bill. Pastor Tombs recounted the impact of a crime committed by a family member, and spoke of redemption and forgiveness. She discussed the strides made by her family member in prison.
11:54 PM -- Mr. Sean Taylor, representing the Second Chance Center, testified in support of the bill. Mr. Taylor discussed services that will be provided by his organization for those selected to participate in the program created by the bill, and the successes experienced by his organization.
11:57 PM -- Ms. Jennifer Jones, representing herself, testified in support of the bill. Ms. Jones discussed the sentencing of her brother for a crime he committed when he was a juvenile, and the successes he has experienced while incarcerated. Ms. Jones discussed certain legal barriers that have prevented restorative justice in her brother's case.
12:01 AM -- Mr. Ezra Aldern, representing himself, testified in support of SB 16-180. Mr. Aldern discussed the murder of his mother by his father, and his subsequent forgiveness of his father. He spoke in support of a second chance for his father, and discussed his work with incarcerated individuals.
12:05 AM -- Mr. Ryan Smith, representing his client Josiah, testified in support of the bill. Mr. Smith discussed successes experienced by his client while incarcerated. Ms. Hillary Vervalin, representing herself, testified in support of the bill. Ms. Vervalin discussed her work with certain incarcerated clients who have experienced successes while incarcerated. Ms. Vervalin responded to questions regarding how she and Mr. Smith are assigned their incarcerated clients, and how often they work with these clients. Discussion ensued regarding the potential for these clients to present a societal threat. Ms. Maya DeNola, representing herself, discussed incarcerated clients she has worked with as a social worker. Discussion followed regarding the impact of lengthy prison sentences on the ability of those sentenced as juveniles to become productive members of society.
12:14 AM -- Ms. Carla Bennett, representing the League of Women Voters, testified in support of the bill.
12:17 AM -- Ms. Jeannette Holtham, representing the Restorative Justice Center, testified in support of SB 16-180. Ms. Holtham discussed the merits of restorative justice. Ms. Holtham responded to questions regarding the potential for the incarcerated individuals with whom she has worked to create a threat to public safety if released.
12:20 AM -- Ms. Karen Lausa, representing the Words Beyond Bars program, testified in support of the bill. Ms. Lausa discussed the successes realized by her organization's work with inmates.
12:24 AM -- Ms. Debbie Stafford, representing herself, testified in support of the bill. Ms. Stafford discussed her experiences working with inmates in "step-down" programs.
12:27 AM -- Ms. Suzanne Carter, representing herself, testified in support of the bill. Ms. Carter discussed the benefits of rehabilitating individuals, and recovery.
12:32 AM -- Ms. Carol Johann and Mr. Joe Johann, representing their daughter, testified in support of the bill. Ms. Johann discussed successes experienced by her daughter while incarcerated, and the counterproductive nature of the lengthy sentence she received as a juvenile.
12:37 AM -- Mr. Jeremy Schupbach, representing the Colorado Bar Association, testified in support of the bill. Mr. Schupbach responded to questions regarding the population of his organization, and the sections within his organization that reviewed the bill.
12:40 AM -- Ms. Mandy Koss, representing herself, testified in support of SB 16-180. Ms. Koss discussed her work with offenders.
12:46 AM -- Ms. Maureen Cain, representing the Colorado Criminal Defense Institute, testified in support of the bill. Ms. Cain discussed past efforts to pass juvenile parole legislation and create an associated program for reentry, and the criteria that offenders must meet to participate in the program created by the bill. Ms. Cain addressed questions raised during previous discussion, and discussed the types of crimes that might be subject to relief under the bill and SB 16-181. Discussion ensued regarding the age and sentencing thresholds for participation in the program created by SB 16-180.
01:01 AM
Ms. Cain responded to questions regarding the special nature of the program created by SB 16-180, and concerns raised about the bill during previous testimony.
01:05 AM
Representative Kagan explained the effect of amendment L.014 (Attachment E).
16HouseJud0505AttachE.pdf
| BILL: | SB16-180 | |
| TIME: | 01:08:56 AM | |
| MOVED: | Kagan | |
| MOTION: | Adopt amendment L.014 (Attachment E). The motion passed without objection. | |
| SECONDED: | Salazar | |
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VOTE
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Carver
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Court
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Foote
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Lawrence
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Lundeen
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Melton
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|
Salazar
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Willett
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Wist
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Lee
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Kagan
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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01:09 AM
Representative Kagan explained the effect of amendment L.015 (Attachment F). Discussion ensued regarding the position of the Attorney General's Office on the amendment.
16HouseJud0505AttachF.pdf
| BILL: | SB16-180 | |
| TIME: | 01:10:08 AM | |
| MOVED: | Kagan | |
| MOTION: | Adopt amendment L.015 (Attachment F). The motion passed without objection. | |
| SECONDED: | Melton | |
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VOTE
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|
Carver
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Court
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Foote
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Lawrence
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Lundeen
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Melton
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Salazar
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Willett
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Wist
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Lee
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Kagan
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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01:14 AM
Representative Willett explained the effect of amendment L.018 (Attachment G). Representative Kagan objected to the amendment. Discussion ensued regarding the merits of the amendment.
16HouseJud0505AttachG.pdf
01:40 AM
Representative Foote explained the effect of amendment L.017 (Attachment H). Representative Kagan expressed opposition to the amendment.
16HouseJud0505AttachH.pdf
| BILL: | SB16-180 | |
| TIME: | 01:14:42 AM | |
| MOVED: | Foote | |
| MOTION: | Adopt amendment L.017 (Attachment H), as amended. The motion passed on a vote of 7-4. | |
| SECONDED: | Court | |
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VOTE
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Carver
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Yes
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|
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Court
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Yes
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|
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Foote
|
Yes
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Lawrence
|
Yes
|
|
|
Lundeen
|
Yes
|
|
|
Melton
|
No
|
|
|
Salazar
|
No
|
|
|
Willett
|
Yes
|
|
|
Wist
|
Yes
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Lee
|
No
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Kagan
|
No
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YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS
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| BILL: | SB16-180 | |
| TIME: | 01:14:55 AM | |
| MOVED: | Willett | |
| MOTION: | Adopt amendment L.018 (Attachment G). The motion passed on a vote of 6-5. | |
| SECONDED: | Lundeen | |
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VOTE
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|
Carver
|
Yes
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Court
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No
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|
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Foote
|
Yes
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|
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Lawrence
|
Yes
|
|
|
Lundeen
|
Yes
|
|
|
Melton
|
No
|
|
|
Salazar
|
No
|
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|
Willett
|
Yes
|
|
|
Wist
|
Yes
|
|
|
Lee
|
No
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Kagan
|
No
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YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS
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01:55 AM
Representatives Kagan and Ransom provided closing remarks in support of SB 16-180. Various committee members provided their positions on the bill.
| BILL: | SB16-180 | |
| TIME: | 01:55:46 AM | |
| MOVED: | Kagan | |
| MOTION: | Refer Senate Bill 16-180, as amended, to the Committee on Appropriations. The motion passed on a vote of 10-1. | |
| SECONDED: | Salazar | |
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VOTE
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|
Carver
|
No
|
|
|
Court
|
Yes
|
|
|
Foote
|
Yes
|
|
|
Lawrence
|
Yes
|
|
|
Lundeen
|
Yes
|
|
|
Melton
|
Yes
|
|
|
Salazar
|
Yes
|
|
|
Willett
|
Yes
|
|
|
Wist
|
Yes
|
|
|
Lee
|
Yes
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|
|
Kagan
|
Yes
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Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS
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02:00 AM
The committee recessed.
02:14 AM -- SB16-019
The committee returned to order. Representatives Saine and Foote, prime sponsors, presented Senate Bill 16-019, concerning a requirement that court-ordered mental condition examinations be recorded. Committee members received a letter on the bill from the Colorado Psychiatric Society and Colorado Psychological Association (Attachment I). Representative Saine explained the effect of the bill and discussed its need. Representative Foote provided additional input on the bill. Discussion ensued regarding the fiscal impact of the bill. Discussion followed regarding certain potential constitutional issues associated with the bill, and the ability to conduct the recordings required by the bill without the passage of legislation. The following persons testified regarding SB 16-019:
16HouseJud0505AttachI.pdf
02:27 AM -- Mr. Tom Raynes, representing the Colorado District Attorneys' Council, testified in support of the bill. Mr. Raynes responded to questions regarding his opinion of the concerns previously raised about the bill.
02:29 AM -- Dr. Patrick Fox, representing the Department of Human Services, made himself available to respond to questions about the bill.
02:30 AM
No amendments were offered to SB 16-019.
| BILL: | SB16-019 | |
| TIME: | 02:31:05 AM | |
| MOVED: | Foote | |
| MOTION: | Refer Senate Bill 16-019 to the Committee on Appropriations. The motion passed on a vote of 9-2. | |
| SECONDED: | Kagan | |
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VOTE
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|
Carver
|
Yes
|
|
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Court
|
Yes
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|
|
Foote
|
Yes
|
|
|
Lawrence
|
Yes
|
|
|
Lundeen
|
Yes
|
|
|
Melton
|
No
|
|
|
Salazar
|
No
|
|
|
Willett
|
Yes
|
|
|
Wist
|
Yes
|
|
|
Lee
|
Yes
|
|
|
Kagan
|
Yes
|
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Final YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS
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02:32 AM -- SB16-026
Representatives Ransom and Melton, prime sponsors, presented Senate Bill 16-026, concerning personal rights of protected persons, and, in connection therewith, limiting the ability of a guardian or conservator to isolate a protected person. Representative Ransom discussed the need for the legislation, and Representative Melton explained the bill's effect. The following persons testified regarding SB 16-026:
02:39 AM -- Mr. Denny Benton, Mr. Doug Colby, and Mr. Milton Benton, representing themselves, testified in support of the bill. Mr. Denny Benton explained the circumstances under which his father's retirement funding was drained by conservators and he was subsequently isolated, and discussed the subsequent impacts. Mr. Denny Benton discussed the lack of accountability for conservators. Mr. Milton Benton discussed his military service and subsequent life experiences. Mr. Denny Benton read a statement on behalf of Mr. Milton Benton. Mr. Colby provided his perspective on the conservatorship issue facing the Miltons. Mr. Denny Benton responded to questions regarding how his father's conservatorship situation developed, and how SB 16-026 may address such situations.
03:03 AM -- Mr. Dave Bernhart, representing the Denver Department of Human Services and the Colorado Bar Association, testified in opposition to the bill. Mr. Bernhart discussed current guardianship law, and explained that the bill is duplicative of current statutes. Mr. Bernhart responded to questions regarding how someone might petition to remedy suspected problem guardianship issues.
03:16 AM
Discussion continued regarding avenues for intervening in guardianship cases.
03:17 AM -- Ms. Courtney Smith, representing herself, testified in opposition to SB 16-026. Ms. Smith explained why the bill would harm those it seeks to protect, providing an example of such a situation.
03:21 AM -- Mr. Spencer Crona, representing the Colorado Bar Association Elder Law Section, testified in opposition to the bill. Mr. Crona explained that the bill will force instances of double court proceedings, and will further exacerbate litigation.
03:25 AM -- Ms. Rose Mary Zapor, representing the Elder Law Council of the Colorado Bar Association, testified in opposition to the bill. Ms. Zapor discussed the different types of cases where the guardian either fails or defrauds the ward. Ms. Zapor explained that the bill duplicates provisions already in law.
03:30 AM -- Mr. Mike Valentine, representing the Arapahoe County Board of County Commissioners, testified in opposition to the bill. Mr. Valentine explained that the bill puts wards at risk, and is duplicative of current laws. Mr. Valentine responded to questions regarding how a fiduciary stops inappropriate visits to wards under current law.
03:35 AM -- Ms. Darlene Cypser, representing herself, testified in support of the bill. Ms. Cypser discussed the effects of isolation for wards, and rebutted the notion that there are adequate protections for wards in current law. She provided examples of isolation, and rebutted the notion that the bill will lead to increased litigation.
03:40 AM -- Ms. Leia Ursery, representing the Colorado Bar Association, testified in opposition to the bill. Ms. Ursery provided background on how guardianship situations are established, and discussed avenues through which guardianship abuse may be addressed.
03:44 AM -- Ms. Karen Kalavity, representing herself, testified in support of SB 16-026. Ms. Kalavity discussed her father's guardianship situation, and explained how someone is able to exploit such situations.
03:46 AM -- Mr. John DeBruyn, representing himself, testified in support of the bill. Committee members received copies of Mr. DeBruyn's testimony (Attachment J). Mr. DeBruyn provided an overview of Attachment J.
16HouseJud0505AttachJ.pdf
03:51 AM -- Ms. Ruth Sadler, representing herself, testified in support of the bill. Ms. Sadler explained how her parent's estate was liquidated, and the struggles she experienced in trying to gain guardianship of her mother. She discussed the impact this situation has had on her family. Ms. Sadler read the testimony of Margaret Price.
03:58 AM -- Mr. Robin Austin, representing FACEUS, read the testimony of Ms. Carol Fox in support of SB 16-026. Mr. Austin then read his own testimony in support of the bill. Mr. Austin responded to the scope of the problem addressed by SB 16-026. Mr. Austin entered into the record the testimony of Larry Parr (Attachment K), Janet Vanvliet (Attachment L), and Carol Lee Pearson (Attachment M).
16HouseJud0505AttachK.pdf 16HouseJud0505AttachL.pdf
16HouseJud0505AttachM.pdf
04:14 AM -- Ms. Luanne Fleming, representing FACEUS, testified in support of the bill.
04:17 AM -- Mr. Edward J. Baker, representing himself, testified in support of SB 16-026. Mr. Baker discussed his military service that resulted in an injurious accident, and his subsequent mistreatment by a conservator.
04:23 AM -- Mr. Peter Coulter, representing himself, testified in support of the bill. Mr. Coulter discussed corruption in the court system with respect to guardianships.
04:26 AM -- Ms. Susie Lane, representing herself, testified in support of the bill. Ms. Lane explained how an attorney drew down a large sum of money in a divorce and subsequent probate case, and was separated from her children.
04:30 AM -- Mr. Steven Harvie, representing himself, testified in support of the bill. Mr. Harvie explained how his father was removed from his care, and his assets were reduced.
04:34 AM -- Ms. Ann Toll, representing herself, testified in support of the bill. Ms. Toll discussed the lack of accountability in the probate system, and explained how the bill will improve the system.
04:38 AM
No amendments were offered to SB 16-026.
| BILL: | SB16-026 | |
| TIME: | 04:38:59 AM | |
| MOVED: | Melton | |
| MOTION: | Refer Senate Bill 16-026 to the Committee on Appropriations. The motion failed on a vote of 1-10. | |
| SECONDED: | Salazar | |
|
VOTE
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|
Carver
|
No
|
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|
Court
|
No
|
|
|
Foote
|
No
|
|
|
Lawrence
|
No
|
|
|
Lundeen
|
No
|
|
|
Melton
|
Yes
|
|
|
Salazar
|
No
|
|
|
Willett
|
No
|
|
|
Wist
|
No
|
|
|
Lee
|
No
|
|
|
Kagan
|
No
|
|
|
YES: 1 NO: 10 EXC: 0 ABS: 0 FINAL ACTION: FAIL
|
||
| BILL: | SB16-026 | |
| TIME: | 04:41:57 AM | |
| MOVED: | Kagan | |
| MOTION: | Postpone Senate Bill 16-026 indefinitely. The motion passed on a vote of 10-1. | |
| SECONDED: | Lee | |
|
VOTE
|
||
|
Carver
|
Yes
|
|
|
Court
|
Yes
|
|
|
Foote
|
Yes
|
|
|
Lawrence
|
Yes
|
|
|
Lundeen
|
Yes
|
|
|
Melton
|
No
|
|
|
Salazar
|
Yes
|
|
|
Willett
|
Yes
|
|
|
Wist
|
Yes
|
|
|
Lee
|
Yes
|
|
|
Kagan
|
Yes
|
|
|
Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS
|
||
04:42 AM -- HB16-1395
Representative Lee, prime sponsor, presented House Bill 16-1395, concerning juvenile delinquency record expungement. Representative Lee read a statement concerning the issues addressed by the bill, and requested that the bill be postponed indefinitely.
| BILL: | HB16-1395 | |
| TIME: | 04:45:21 AM | |
| MOVED: | Lee | |
| MOTION: | Postpone House Bill 16-1395 indefinitely. The motion passed on a vote of 11-0. | |
| SECONDED: | Salazar | |
|
VOTE
|
||
|
Carver
|
Yes
|
|
|
Court
|
Yes
|
|
|
Foote
|
Yes
|
|
|
Lawrence
|
Yes
|
|
|
Lundeen
|
Yes
|
|
|
Melton
|
Yes
|
|
|
Salazar
|
Yes
|
|
|
Willett
|
Yes
|
|
|
Wist
|
Yes
|
|
|
Lee
|
Yes
|
|
|
Kagan
|
Yes
|
|
|
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
|
||
04:46 AM -- SB16-163
Representative Kagan, prime sponsor, presented SB 16-163, concerning a study of an organizational recodification of title 12 of the Colorado Revised Statutes governing the regulation of professions and occupations.
| BILL: | SB16-163 | |
| TIME: | 04:47:09 AM | |
| MOVED: | Kagan | |
| MOTION: | Refer Senate Bill 16-163 to the Committee on Appropriations. The motion passed on a vote of 11-0. | |
| SECONDED: | Salazar | |
|
VOTE
|
||
|
Carver
|
Yes
|
|
|
Court
|
Yes
|
|
|
Foote
|
Yes
|
|
|
Lawrence
|
Yes
|
|
|
Lundeen
|
Yes
|
|
|
Melton
|
Yes
|
|
|
Salazar
|
Yes
|
|
|
Willett
|
Yes
|
|
|
Wist
|
Yes
|
|
|
Lee
|
Yes
|
|
|
Kagan
|
Yes
|
|
|
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
|
||
04:48 AM
The committee adjourned.