5E605DD3A6ABD93C8725839F00836A4D Hearing Summary

Representative Herod, prime sponsor, presented House Bill 19-1148, concerning changing the maximum jail sentence for certain crimes from one year to 364 days.  Representative Herod explained the effect of the bill and discussed its need. Committee members received a fact sheet supporting the legislation (Attachment B). Representative Herod responded to questions regarding the information in the fact sheet.

The following persons testified regarding HB 19-1148:

Mr. Eric Johnson, representing the Colorado Bar Association, testified in support of the bill. Mr. Johnson responded to a question raised during earlier conversation, and explained the criminal grounds that trigger the deportation of an individual.

Mr. Joshua Mitson, representing the Meyer Law Office, testified in support of the bill.

Ms. Tristan Gorman, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Gorman explained that the bill will help the judiciary become more efficient, and discussed some unintended consequences of the current maximum sentence for certain misdemeanor offenses. Discussion ensued regarding other states and jurisdictions that have passed laws similar to HB 19-1148. Mr. Mitson responded to questions regarding the definition of moral turpitude. Mr. Johnson responded to questions regarding the definition of felony under federal law, and attorney malpractice associated with pleas that might trigger deportability. Discussion ensued on this point, and regarding a U.S. Supreme Court case that touches on the point. Discussion returned to the number of states with laws similar to HB 19-1148. Representative Herod and Mr. Johnson responded to questions regarding the types of misdemeanors that might trigger deportability. Mr. Johnson responded to questions regarding differing impact of a misdemeanor charge for those in the country with status and those without status. Discussion returned to the types of crimes affected by the bill, and the U.S. Supreme Court case impacting immigration.

Ms. Denise Maes, representing the ACLU, testified in support of HB 19-1148 Ms. Maes addressed questions and issues raised during earlier conversation.

Mr. Tim Lopez, representing himself, testified in support of the bill. Mr. Lopez discussed the position of the Denver Democratic Party on a Denver municipal ordinance concerning immigration.