H_JUD_2021A 04/07/2021 01:37:37 PM Committee Summary

Representatives Tipper and Young, prime sponsors, presented Senate Bill 21-075, concerning supported decision-making agreements for adults with disabilities, and, in connection therewith, authorizing such agreements as an alternative for or supplement to a guardianship. The committee heard testimony on the bill at its March 30, 2021 meeting. Representative Tipper discussed efforts to create amendments to the bill through the stakeholder process.  The committee considered amendments L.004 (Attachment A), L.005 (Attachment B), L.006 (Attachment C), L.007 (Attachment D), and L.008 (Attachment E).

Representative Tipper explained the effect of amendment L.009 (Attachment F).

The prime sponsors of SB 21-075 provided closing remarks in support of the bill. Various committee members provided their positions on the bill.

Representatives Gonzales-Gutierrez and Geitner, prime sponsors, presented Senate Bill 21-059, concerning the reorganization of the juvenile justice code in article 2 of title 19, Colorado Revised Statutes, by the Colorado Juvenile Justice and Delinquency Prevention Council as authorized by House Joint Resolution 18-1013. Representative Gonzales-Gutierrez explained the effect of the bill and discussed its need. Representative Geitner provided additional input on the effect of the bill.

The following persons testified on SB 21-059:

Elise Logemann, representing the ACLU of Colorado, testified in support of the bill.

Stacie Colling, representing the Juvenile Justice and Delinquency Prevention and Code Review Committee, testified in support of the bill.

Representative Geitner explained the effect of amendment L.010 (Attachment G).

The sponsors of SB 21-059 provided closing remarks in support of the bill.

Representative Michaelson Jenet, prime sponsor, presented Senate Bill 21-066, concerning juvenile diversion programs. Representative Michaelson Jenet explained the effect of the bill and discussed its need. Discussion ensued regarding the types of diversion engendered by the bill.

The following persons testified regarding SB 21-066:

Levon Hupfer, representing the Seventeenth Judicial District Attorney's Office, testified in support of the bill.

Elise Logemann, representing the ACLU, testified in support of the bill.

Kelly Abbott, representing the Department of Public Safety, testified in support of the bill.

Discussion ensued regarding the various screening tools available for youth diversion under the bill.

Representative Michaelson Jenet explained the effect of amendment L.004 (Attachment H).

Representative Michaelson Jenet explained the effect of amendment L.005 (Attachment I).

Representative Michaelson Jenet provided closing remarks in support of SB 21-066. Representatives Woodrow and Weissman discussed the merits of the bill.

The committee recessed.

The committee returned to order. Representative Lynch, prime sponsor, presented House Bill 21-1182, concerning law enforcement's acquisition of location information of a missing child's telecommunications device in an emergency situation.  Representative Lynch explained the effect of the bill and discussed its need. Representative Lynch responded to questions regarding why current law is not sufficient for allowing the tracking of vulnerable children.

No one testified regarding HB 21-1182, and no amendments were offered to the bill. Representative Lynch provided closing remarks in support of the bill. Discussion ensued regarding the merits of the legislation.

Tim Lane, representing the Colorado District Attorneys' Council, made himself available to respond to questions on HB 21-1182. Mr. Lane discussed the potential for any evidence gathered under the bill to be inadmissible in court. Discussion ensued regarding this issue.

The committee recessed.

The committee returned to order. Representative Lynch requested that the bill be postponed indefinitely.

Representative Weissman, prime sponsor, presented Senate Bill 21-124, concerning the creation of a class 2 felony offense when the death of a person is caused by a participant without deliberation in the course of the commission of specified felony offenses. Representative Weissman explained the effect of the bill and discussed its need.

The following persons testified regarding SB 21-124:

Tristan Gorman, representing the Colorado Criminal Defense Bar, testified in support of the bill.

Colette Tvette, representing the Colorado Criminal Defense Bar, testified in support of the bill.

Discussion ensued regarding the penalties that would be assessed for a felony murder conviction under the bill, and a theoretical fact pattern that might invoke the bill's mandates.

Amanda Gall, representing the First Judicial District Attorney Alexis King, testified in support of SB 21-124.

Christian Champagne, Sixth Judicial District Attorney, testified in support of the bill.

Brian Mason, Seventeenth Judicial District Attorney, testified in support of the bill.

Beth McCann, Fourth Judicial District Attorney representing herself, testified in support of the bill.

Michael Allen, Fourth Judicial District Attorney, testified in opposition to SB 21-124.

John Kellner, Eighteenth Judicial District Attorney, testified in opposition to the bill.

Jeff Johnson, representing himself, testified in support of SB 21-124.

Curtis Brooks, representing himself, testified in support of the bill.

Robinette Hoppin, representing herself, testified in support of the bill.

Ian Farrell, representing himself, testified in support of SB 21-124.

Aya Gruber, representing herself, testified in support of the bill.

Corbin Tobey-Davis, representing the Interfaith Alliance of Colorado, testified in support of the bill.

Discussion ensued regarding instances where felony murder charges are levied against a sole perpetrator in a crime. Professor Farrell clarified the effect of the bill.

Sarah Varty, representing herself, testified in support of SB 21-124.

Luke McConnell, representing the Colorado Criminal Defense Bar, testified in support of the bill.

Philip Cherner, representing the Sam Cary Bar, testified in support of the bill.

No amendments were offered to SB 21-124. Representative Weissman provided closing remarks in support of the bill. Various committee members provided their positions on the bill.