S_JUD_2022A 02/10/2022 01:55:20 PM Committee Summary

Senator Gardner, sponsor, explained Senate Bill 22-020, concerning the addition of court reporters to the list of professionals who may administer oaths. 

Ms. Jenny Melius, representing Colorado Court Reporters Association, testified in support of the bill.  She explained differences between notaries and court reporters.

Mr. Matthew Moss, representing Colorado Court Reporters Association, testified in support of the bill.  

Committee members raised questions about professional certification for court reporters.

Senators Cooke and Buckner, co-prime sponsors, explained Senate Bill 22-091, concerning making nonsubstantive changes to language in statutory provisions relating to the review of executive agency rules, and, in connection therewith, repealing obsolete and redundant statutory provisions and conforming other statutory provisions to modern drafting practices.

Senators Gardner and Fields, co-prime sponsors, presented amendments to Senate Bill 049, concerning update the "Victim Rights Act."  This bill was brought before the committee as a "for action only" agenda item.   The bill was previously heard on February 9. 2022. 

The bill sponsors distributed and explained Amendment L. 001 about sequestration (Attachment A). 

Senator Gardner distributed and presented Amendment L. 002 regarding notification responsibilities (Attachment B).  

Committee members discussed community corrections and probation infrastructure to send out victim notifications. 

Senator Gonzales explained and distributed Amendment L. 003 concerning district attorney responsibilities (Attachment C). 

Committee took a break to print out and review amendments.

The committee returned to order. 

Senator Gonzales explained Amendment L. 006 about the sentencing hearing (Attachment D).  The bill sponsors urged a no vote on the amendment and discussed the importance of victim witness statements.  Senator Gonzales withdrew the amendment. 

Senator Gonzales distributed and presented Amendment L.012 about protections for privileged records (Attachment F). 

Committee members discussed subpoenas. 

Senator Lee distributed and presented Amendment L.010, which adds a right to restorative justice (Attachment G).  The bill sponsors expressed concerns about adding restorative justice to criminal proceedings.  Other concerns were raised about redundancy in statutes and lack of stakeholder input on this topic. 

The bill sponsors made closing remarks. 

The committee recessed. 

The committee reconvened at 3:54 pm. 

Senator Gonzales, sponsor, explained Senate Bill 22-023, concerning prohibiting deceptive tactics during custodial interrogation of a juvenile. 

Michael Dougherty, District Attorney 20th Judicial District and representing the Colorado District Attorneys' Council, testified in opposition to the bill.  He raised concerns about definitions in the bill.

Senior Deputy DA Robert Axmacher, representing Colorado District Attorneys Council / District Attorney 8th Judicial, testified in opposition to the bill.  He noted that safeguards already exist under Colorado law and also raised concerns about standards of evidence.

Mr. Juan Silva, representing Denver District Attorney’s Office/ Colorado District Attorney’s Council, testified in opposition to the bill. He emphasized that juveniles are already afforded protections.

Committee members asked questions about the bill's application. 

Marshall Barry Malloy, representing the Colorado Association of the Chiefs of Police, testified in opposition to the bill. He discussed custodial interrogations and interview standards. 

Commander Del Kleinschmidt, representing Jefferson County Sheriff's Office, testified in opposition to the bill. He discussed permissible police deception and interrogation of a minor.

Detective Dutch Smith, representing the Colorado Association of the Chiefs of Police, testified in opposition to the bill. He raised concerns about hindering investigations.

Mr. Lorenzo Montoya, representing self, testified in support of the bill.  He shared his story of a wrongfully convicted youth.

Dr. Saul Kassin, representing self, testified in support of the bill.  He discussed the high representation of juveniles in false confessions. 

Committee members asked questions about juvenile brain development and juvenile vulnerability. 

Ms. Jane Fisher-Byrialsen, representing self, testified in support of the bill.  She presented related statistics and discussed ineffective safeguards.

Ms. Anne-Marie Moyes, representing Korey Wise Innocence Project at the University of Colorado Law School, testified in support of the bill.  She referenced cases and related statistics.

Portia Prescott, representing NAACP State Conference CO/MT/WY, testified in support of the bill.

Mrs Amber Doggett, representing self, testified in support of the bill. She shared a personal story about the power of police over vulnerable youth. 

Mr. David Thompson, representing Wicklander-Zulawski & Associates, testified in support of the bill.

Ms. Joyce Akhahenda, representing Sam Cary Bar Association, testified in support of the bill.

Mr. Martin Tankleff, representing self, testified in support of the bill.

Mr. Michael Juba, representing Hardy & Juba, LLC, testified in support of the bill.

Mr. James Karbach, representing Colorado State Public Defender’s Office, testified in support of the bill.  He discussed procedural issues.

Committee members asked questions about voluntary confessions. 

Mr Michael Neil, representing Colorado Cross-Disability Coalition, testified in support of the bill.

Mr. Elie Zwiebel, representing Colorado Juvenile Defender Center, testified in support of the bill.

Ms. Ann Roan, representing Colorado Criminal Defense Bar, testified in support of the bill.  She discussed Miranda rights and voluntariness.

Senator Gonazales distributed and presented Amendment L. 002 to align the bill with the Title 19 reorganization (Attachment H).  It also narrows the definition of agent. 

Senator Gonzales distributed and presented Amendment L. 003 about custodial interrogations (Attachment I). 

Senator Gonzales distributed and presented Amendment L. 004 that replaces a safety clause with a petition clause (Attachment J). 

Senator Garder distributed and presented Amendment L. 005 about standards of evidence (Attachment K). 

Senator Gardner distributed and presented Amendment L. 010 about voluntary confessions (Attachment L). 

Senator Gonzales made closing remarks and noted similar laws in other other states.