PUBLIC STAFF SUMMARY OF MEETING SENATE COMMITTEE ON JUDICIARY
Date |
03/10/2022 |
Attendance |
Cooke |
X |
Gardner |
X |
Rodriguez |
X |
Gonzales |
X |
Lee |
X |
|
Time |
01:36:00 PM to 04:35:01 PM |
Place |
SCR 352 |
This Meeting was called to order by |
Lee |
This Report was prepared by |
Juliann Jenson |
|
Hearing Items |
Action Taken |
hConf 22-Juvenile Parole Board |
Favorably Refer to Full Senate - Consent Calendar |
hSB22-128 |
Postponed Indefinitely |
hHB22-1102 |
Amended, referred to the Committee of the Whole - Consent Calendar |
hHB22-1088 |
Referred to the Committee of the Whole |
hHB22-1229 |
Amended, referred to Senate Appropriations |
hHB22-1257 |
Amended, referred to Senate Appropriations |
|
|
Conf 22-Juvenile Parole Board - Favorably Refer to Full Senate - Consent Calendar
|
|
|
01:36:12 PM |
The following individuals gave a brief overview of their experience and reasons for wanting to serve on the Juvenile Parole Board:
- Andrea Rodriguez Cruz
- Bradford Geiger
- Heidi Hess
- Elizabeth Martinez
- Kimberly Branham
Lee Ann Brabec, Juvenile Parole Board Administrator, Colorado Department of Human Services, was available for questions.
|
|
01:45:34 PM |
Members thanked the confirmees for their service.
|
01:48:51 PM
|
Motion |
Refer the appointment of Bradford Geiger, Heidi Hess, Kim Branham, Elizabeth Martinez, Andrea Cruz to the Conf 22-Juvenile Parole Board to the full Senate with a favorable recommendation and with a recommendation that it be placed on the consent calendar. |
|
Moved |
Gonzales |
|
Seconded |
|
|
|
|
|
Cooke |
Yes |
|
|
Gardner |
Yes |
|
|
Rodriguez |
Yes |
|
|
Gonzales |
Yes |
|
|
Lee |
Yes |
|
|
Final |
YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS |
|
|
SB22-128 - Postponed Indefinitely
|
|
|
01:49:57 PM |
Senators Gonzales and Lee, co-prime sponsors, discussed Senate Bill 22-128, concerning addressing implicit bias in jury selection in criminal proceedings. This bill was first heard in the Senate Judiciary Committee on February 23, 2022.
The bill sponsors asked the committee to postpone the bill indefinitely. They noted that a letter will be sent to the Supreme Court Rules Committee asking them to revisit this issue and make recommendations.
|
01:55:54 PM
|
Motion |
Postpone Senate Bill 22-128 indefinitely. |
|
Moved |
Lee |
|
Seconded |
|
|
|
|
|
Cooke |
Yes |
|
|
Gardner |
Yes |
|
|
Rodriguez |
Yes |
|
|
Gonzales |
Yes |
|
|
Lee |
Yes |
|
|
Final |
YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS |
|
|
HB22-1102 - Amended, referred to the Committee of the Whole - Consent Calendar
|
|
|
01:56:18 PM |
Senators Gardner and Hinrichsen explained HB22-1102, concerning protected classes in fair housing practices, and, in connection therewith, including a veteran or military status as a protected class. They discussed housing challenges for veterans and military members.
|
|
02:01:30 PM |
Kinsey Hasstedt, representing Enterprise Community Partners, testified in support of the bill. She discussed the obstacles many veterans experience securing housing.
Melissa Mejia, representing Covid-19 Eviction Defense Project, testified in support of the bill. She discussed veterans and housing difficulties.
Jack Regenbogen, representing Colorado Poverty Law Project, testified in support of the bill. He discussed housing discrimination.
|
|
02:10:41 PM |
Aubrey Wilde, representing Colorado Coalition for the Homeless, testified in support of the bill. She discussed veterans and homelessness rates.
Ms Elizabeth Peetz, representing Colorado Association of Realtors, testified in support of the bill.
|
|
02:15:07 PM |
Senator Gardner distributed and explained Amendment L.003 (Attachment A).
Committee members asked questions about the difference between inquiries for elibility and inquiries that are discriminatory.
|
02:20:10 PM
|
Motion |
Adopt amendment L.003 (Attachment A) |
|
Moved |
Gardner |
|
Seconded |
|
|
|
|
|
Cooke |
|
|
|
Gardner |
|
|
|
Rodriguez |
|
|
|
Gonzales |
|
|
|
Lee |
|
|
|
|
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection |
|
|
|
02:20:26 PM |
Senator Gardner distributed and discussed Amendment L.004 about loans and veteran status (Attachment B).
|
02:21:51 PM
|
Motion |
Adopt amendment L.004 (Attachment B) |
|
Moved |
Gardner |
|
Seconded |
|
|
|
|
|
Cooke |
|
|
|
Gardner |
|
|
|
Rodriguez |
|
|
|
Gonzales |
|
|
|
Lee |
|
|
|
|
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection |
|
|
02:22:51 PM
|
Motion |
Refer House Bill 22-1102, as amended, to the Committee of the Whole and with a recommendation that it be placed on the consent calendar. |
|
Moved |
Gardner |
|
Seconded |
|
|
|
|
|
Cooke |
Yes |
|
|
Gardner |
Yes |
|
|
Rodriguez |
Yes |
|
|
Gonzales |
Yes |
|
|
Lee |
Yes |
|
|
Final |
YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS |
|
|
HB22-1088 - Referred to the Committee of the Whole
|
|
|
02:23:20 PM |
Senators Liston and Lee, co-prime sponsors, explained House Bill 22-1088, concerning peace officer status for certain Department of Revenue (DOR) employees. The bill sponsors explained cases in which DOR agents are required to complete their own investigations. They also discussed the POST Board application and training process.
Committee members asked questions about the length of time it takes to complete POST Board certification.
|
|
02:30:43 PM |
Mark Ferrandino, representing Colorado Department of Revenue, testified in support of the bill. He discussed efficiency, safety, and qualifying positions for POST certification.
Mike Dixon, representing CO Department of Revenue-Division of Motor Vehicle, testified in support of the bill. He discussed the motor vehicles investigation unit.
Brendon Reese, representing Colorado Department of Revenue - Taxation Division, testified in support of the bill. He discussed over-burderned local law enforcement.
Committee members asked questions about the number of positions needing POST certification.
|
|
02:38:47 PM |
Committee members asked further questions about POST certification requirements.
|
|
02:46:43 PM |
The bill sponsors made closing remarks. Committee members commented on the bill.
|
02:51:18 PM
|
Motion |
Refer House Bill 22-1088 to the Committee of the Whole. |
|
Moved |
Lee |
|
Seconded |
|
|
|
|
|
Cooke |
Yes |
|
|
Gardner |
Yes |
|
|
Rodriguez |
Yes |
|
|
Gonzales |
No |
|
|
Lee |
Yes |
|
|
Final |
YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS |
|
|
HB22-1229 - Amended, referred to Senate Appropriations
|
|
|
02:52:13 PM |
Senators Gardner and Gonzales, co-prime sponsors, presented Senate Bill 22-1229, concerning adopting clean-up provisions to Senate Bill 21-271, which enacted the 2021 recommendations of the Colorado commission on criminal and juvenile justice (CCJJ), and, in connection therewith, making an appropriation. They discussed creating new procedures for handling civil infractions, Judicial Department fee collection, and other conforming changes.
|
|
02:58:21 PM |
Tim Lane, representing CDAC, testified in support of the bill. He spoke on behalf of the CCJJ sentencing task force and primarily discussed civil infractions.
|
|
03:03:47 PM |
Senator Gardner distributed and explained Amendment L. 004 (Attachment C).
|
03:05:27 PM
|
Motion |
Adopt amendment L.004 (Attachment C) |
|
Moved |
Gardner |
|
Seconded |
|
|
|
|
|
Cooke |
|
|
|
Gardner |
|
|
|
Rodriguez |
|
|
|
Gonzales |
|
|
|
Lee |
|
|
|
|
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection |
|
|
|
03:05:57 PM |
The bill sponsors made closing remarks.
|
03:06:43 PM
|
Motion |
Refer House Bill 22-1229, as amended, to the Committee on Appropriations. |
|
Moved |
Gardner |
|
Seconded |
|
|
|
|
|
Cooke |
Yes |
|
|
Gardner |
Yes |
|
|
Rodriguez |
Yes |
|
|
Gonzales |
Yes |
|
|
Lee |
Yes |
|
|
Final |
YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS |
|
|
HB22-1257 - Amended, referred to Senate Appropriations
|
|
|
03:07:27 PM |
Senators Gardner and Gonzales, co-prime sponsors, presented House Bill 22-1257, concerning the adoption of 2022 recommendations of the Colorado criminal juvenile justice commission regarding sentencing provisions for offenses, and, in connection therewith, making an appropriation.
Mr. Michael Dougherty, representing self, testified in support of the bill. He discussed the CCJJ recommendations and stakeholder process. He also discussed parts of the bill involving public benefits theft and possession of a weapon by a previous offender (POWPO), among other provisions.
Maureen Cain, representing CCJJ, testified in support of the bill. She discussed the unauthorized practice of certain professions, as well as probation-related provisions.
|
|
03:26:21 PM |
Denver District Attorney Beth McCann, representing self, testified in support of the bill. She discussed POWPO.
Committee members asked questions about juvenile adjudications and POWPO.
|
|
03:33:11 PM |
Chief Chris Noeller, representing Colorado Association Chiefs of Police - Pueblo Police Department, testified to amend the bill. He recommended an amendment to include drug distribution and motor vehicle theft to POWPO-related felonies.
Chief John Stein, representing Empire Police Department - Colorado Association of the Chiefs of Police, testified to amend the bill. He discussed public safety and judicial discretion.
Chief Chris Heberer, representing Colorado Association Chiefs of Police - Fountain Police Department, testified to amend the bill. He recommended to add more felony crimes to POWPO, such as drug distribution and motor vehicle theft.
|
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03:47:36 PM |
Committee members asked questions about the list of POWPO offenses and law enforcement representation on the CCJJ.
|
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03:58:10 PM |
District Attorney John Kellner, representing 18th Judicial District, testified in a neutral position on the bill. He suggested addition drug distribution and aggravated motor vehicle theft to POWPO offenses.
District Attorney Michael Allen, representing 4th Judicial District, testified to amend the bill. He also asked that additional offenses be added to POWPO.
Committee members asked questions about hearings, POWPO petitions, and juveniles.
|
|
04:11:15 PM |
Commander Jeff Strossner, representing Colorado Association of the Chiefs of Police - Colorado Springs Police Department, testified to amend the bill. He discussed due process and preponderance of evidence standards.
|
|
04:22:04 PM |
Senator Gardner distributed and explained L. 009 that added drug distribution and aggravated motor vehilcle theft to POWPO offenses (Attachment D).
The Chair ruled the amendment to be outside the scope of the bill title.
|
|
04:25:27 PM |
Senator Gardner distributed and explained Amendment L.011 about victim notification and juvenile reinstatement (Attachment E).
|
04:26:12 PM
|
Motion |
Adopt amendment L.011 (Attachment E) |
|
Moved |
Gardner |
|
Seconded |
|
|
|
|
|
Cooke |
|
|
|
Gardner |
|
|
|
Rodriguez |
|
|
|
Gonzales |
|
|
|
Lee |
|
|
|
|
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection |
|
|
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04:27:45 PM |
Senators Gonzales and Gardner made closing remarks.
|
04:34:26 PM
|
Motion |
Refer House Bill 22-1257, as amended, to the Committee on Appropriations. |
|
Moved |
Gardner |
|
Seconded |
|
|
|
|
|
Cooke |
Yes |
|
|
Gardner |
Yes |
|
|
Rodriguez |
Yes |
|
|
Gonzales |
Yes |
|
|
Lee |
Yes |
|
|
Final |
YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS |
|
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04:35:01 PM |
The committee adjourned. |