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H_JUD_2023A 02/22/2023 01:35:24 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON JUDICIARY
Date 02/22/2023
Attendance
Armagost X
Daugherty X
Evans X
Garcia *
Kipp X
Luck X
Marshall X
Martinez X
Snyder X
Soper *
Woodrow X
Bacon *
Weissman X
Time 01:35:24 PM to 06:14:33 PM
Place Old State Library
This Meeting was called to order by Weissman
This Report was prepared by Bo Pogue
Hearing Items Action Taken
SB23-073 Referred to the Committee of the Whole
HB23-1157 Amended, referred to the Committee of the Whole
HB23-1186 Amended, referred to House Finance
HB23-1132 Amended, referred to House Appropriations
HB23-1187 Amended, referred to the Committee of the Whole

SB23-073 - Referred to the Committee of the Whole


01:35:36 PM  

The committee was called to order. A quorum was present. Representative Michaelson Jenet, presented Senate Bill 23-073, concerning the continuation of the Evidence-based Pracices Implementation for Capacity Advisory Board, and, in connection therewith, implementing the recommendation in the 2022 sunset report by the Department of Regulatory Agencies to repeal the advisory board. Representative Michaelson Jenet explained the effect of the bill and discussed its need. Representative Michaelson Jenet responded to questions regarding reporting requirements for the EPIC Board. No one testified regarding SB 23-073, and no amendments were offered to the bill.



01:41:34 PM
Motion Refer Senate Bill 23-073 to the Committee of the Whole.
Moved Soper
Seconded Garcia
Armagost Yes
Daugherty Yes
Evans Yes
Garcia Yes
Kipp Yes
Luck Yes
Marshall Yes
Martinez Yes
Snyder Yes
Soper Yes
Woodrow Yes
Bacon Excused
Weissman Yes
Final YES: 12   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS



HB23-1157 - Amended, referred to the Committee of the Whole

01:41:45 PM  

Representatives Joseph and Weinberg, prime sponsors, presented House Bill 23-1157, concerning the Uniform Unregulated Child Custody Transfer Act."  Representative Joseph explained the effect of the bill and discussed its need.  Representative Weinberg provided additional information on the merits of the bill.  Committee members received two fact sheets supporting the bill (Attachment A).

01:47:56 PM  
Katie Smith, representing herself, testified on the bill from an "amend" perspective. Ms. Smith responded to questions regarding the impact of her proposed amendments on charitable groups who assume custody of a child.
01:53:17 PM  

Ms Anne McGihon, representing the Colorado Uniform Law Commission, testified in support of the bill. Libby Snyder, representing Uniform Law Commission, testified in support of the bill. Korey Elger, representing Colorado Department of Human Services, testified in support of the bill. Ms. McGihon responded to questions regarding the stakeholder process in crafting HB 23-1157.

02:07:12 PM  

Representatives Wienberg and Joseph explained the effect of amendment L.001 (Attachment B).



02:08:45 PM
Motion Adopt amendment L.001
Moved Snyder
Seconded Garcia
Armagost
Daugherty
Evans
Garcia
Kipp
Luck
Marshall
Martinez
Snyder
Soper
Woodrow
Bacon
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
02:08:47 PM  
Representative Joseph and Weinberg provided closing remarks in support of HB 23-1157. Discussion ensued regarding the Uniform Law Commission.


02:11:28 PM
Motion Refer House Bill 23-1157, as amended, to the Committee of the Whole.
Moved Snyder
Seconded Garcia
Armagost Yes
Daugherty Yes
Evans Yes
Garcia Yes
Kipp Yes
Luck Yes
Marshall Yes
Martinez Yes
Snyder Yes
Soper Yes
Woodrow Yes
Bacon Yes
Weissman Yes
Final YES: 13   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB23-1186 - Amended, referred to House Finance


02:11:44 PM  

Representative Lindsay and Jodeh, prime sponsors, presented House Bill 23-1186, concerning remote participation in a residential eviction filed in county court. Representative Lindsay explained the effect of the bill and discussed its need. Representative Jodeh provided additional input on the merits of the bill. Discussion ensued regarding eviction trials to be conducted by jury, and the ability of a sitting judge to require eviction proceeding participants to appear in person.

02:23:35 PM  
Terry Scanlon, representing Colorado Courts, testified to on HB 23-1186 from an "amend" position.

Erin Goff, representing the Colorado Apartment Association, testified on the bill from a neutral position. Mr. Scanlon responded to questions regarding the ability to participate in court proceedings by phone under current law, and the definition of "indigent" under the bill. Mr. Scanlon responded to further questions regarding his department's position on specific portions of the bill, and court policies surrounding virtual proceedings. Mr. Scanlon responded to questions regarding the establishment of initial proceedings ground rules for specific cases, and his department's desired amendments for HB 23-1186.

02:39:46 PM  
Jack Regenbogen, representing Colorado Poverty Law Project, testified in support of the bill.

Kinsey Hasstedt, representing Enterprise Community Partners, testified in support of the bill.

Ms. Hunter Nelson, representing Colorado Children's Campaign, testified in support of the bill.

Lauren Cecil, representing Colorado Association of REALTORS, testified in a neutral position on the bill. Ms. Hasstedt and Ms. Nelson responded to questions regarding the statistics they cited. Discussion ensued regarding a court's responsibilities in the area of ensuring technology facilitates a full and thorough eviction hearing, and the court's discretion with respect to remote participation under the bill. The discussion included the use of telephone for remote participation in eviction proceedings.

03:10:31 PM  
Summer Laws, representing Boulder County and Counties and Commissioners Acting Together, testified in support of the bill.

Elisa Overall, representing the Colorado Access to Justice Commission, testified in support of HB 23-1186.

Ms. Dawn Howard, representing Colorado Cross-Disability Coalition, testified in support of the bill.

Ms. MJ Coleman Jackson, representing herself, testified in support of the bill.

Dr. Michael Neil, representing Colorado Cross-Disability Coalition, testified in support of the bill. Discussion ensued regarding transportation issues associated with accessing a courtroom for an eviction hearing, and the percentage of the population that has a handicap that might hinder transportation.

03:30:41 PM  

Representative Lindsay explained the effect of L.001 (Attachment C).



03:32:19 PM
Motion Adopt amendment L.001
Moved Snyder
Seconded Garcia
Armagost
Daugherty
Evans
Garcia
Kipp
Luck
Marshall
Martinez
Snyder
Soper
Woodrow
Bacon
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
03:32:21 PM  
Representatives Lindsay and Jodeh provided closing remarks in support of HB 23-1186. Various committee members provided their positions on the bill.


03:44:39 PM
Motion Refer House Bill 23-1186, as amended, to the Committee on Finance.
Moved Snyder
Seconded Garcia
Armagost Yes
Daugherty Yes
Evans Yes
Garcia Yes
Kipp Yes
Luck No
Marshall Yes
Martinez Yes
Snyder Yes
Soper Excused
Woodrow Yes
Bacon Yes
Weissman Yes
Final YES: 11   NO: 1   EXC: 1   ABS:  0   FINAL ACTION:  PASS



HB23-1132 - Amended, referred to House Appropriations


03:44:50 PM  

Representative Snyder, prime sponsor, presented House Bill 23-1132, concerning the Court Data-sharing Task Force. Representative Snyder explained the effect of the bill and discussed its need. Discussion ensued regarding the composition of the task force to be created by the bill. Representative Snyder responded to questions regarding difficulties faced by state and local governments in sharing court-related data. Discussion followed regarding the geographical diversity of the membership of the task force created by the bill.

03:58:14 PM  

Meghan OConnor, representing Colorado Municipal League, testified in support of the bill. Terry Scanlon, representing Colorado Courts, testified in a neutral position on the bill. Judge Shawn Day, representing Colorado Municipal Judges Association, testified in support of the bill. Ms. O'Connor responded to questions regarding the protection of data that is shared between different levels of government, and the timeline for meetings of the new task force. Discussion ensued regarding reporting under HB 23-1132, and the number of different information technology platforms used by various governments in Colorado. Ms. O'Connor responded to questions regarding which entity would be the steward of the data collected under the bill.

04:15:59 PM  

Representative Snyder explained the effect of amendment L.001 (Attachment D).



04:17:44 PM
Motion Adopt amendment L.001
Moved Snyder
Seconded Garcia
Armagost
Daugherty
Evans
Garcia
Kipp
Luck
Marshall
Martinez
Snyder
Soper
Woodrow
Bacon
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
04:17:46 PM  
Representative Snyder provided closing remarks in support of HB 23-1132. Representative Bacon weighed in on the bill.


04:23:41 PM
Motion Refer House Bill 23-1132, as amended, to the Committee on Appropriations.
Moved Snyder
Seconded Martinez
Armagost Yes
Daugherty Yes
Evans Yes
Garcia Yes
Kipp Yes
Luck Yes
Marshall Yes
Martinez Yes
Snyder Yes
Soper Yes
Woodrow Yes
Bacon Yes
Weissman Yes
Final YES: 13   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB23-1187 - Amended, referred to the Committee of the Whole

04:23:53 PM  
The committee recessed.
04:35:32 PM  

The committee returned to order. Representatives Bacon and Amabile, prime sponsors, presented House Bill 23-1187, concerning alternatives in the criminal justice system for pregnant persons. Representative Amabile explained the effect of the bill and discussed its need. Representative Bacon provided additional input on the merits of the legislation. Representative Bacon responded to questions regarding the criteria that may be considered in incarcerating pregnant offenders. Discussion ensued regarding data associated with pregnant offenders, and how many would be impacted by the bill. Discussion followed regarding potential opposition to the bill, and the application of the bill to violent criminals.

04:50:51 PM  
Kamella Ritchie, representing herself, testified in support of HB 23-1187.

Ms. Pamela Clifton, representing Colorado Criminal Justice Reform Coalition, testified in support of the bill.

Mx. Indra Lusero, representing Elephant Circle, testified in support of the bill.

Professor Linda Fentiman, representing herself, testified in support of the bill. Discussion ensued regarding alternatives to incarceration, and the concept of presumption. Discussion followed regarding the risks to the public posed by pregnant offenders, and a provision in the bill that sets the post-partum period at one year.

05:16:34 PM  
Mar Galvez Seminario, representing herself, testified in support of the bill.

Mr Gregory Verzosa, representing himself, testified in support of the bill.

Dr. Sonal Patel, representing NayaCare: 4th Trimester Home Health Clinic, testified in support of the bill.

Mr. George Davis V, representing himself, testified in support of the bill.

05:31:18 PM  
Katherine Riley, representing Colorado Organization for Latina Opportunity and Reproductive Rights (COLOR), testified in support of the bill.

Jack Teter, representing Planned Parenthood of the Rocky Mountains, testified in support of the bill.

Kayla Frawley, representing herself, testified in support of the bill.

Ms. Gail Johnson, representing herself, testified in support of the bill.

05:43:22 PM  
Lauren Smith, representing Soul 2 Soul Sisters, testified in support of the bill.

Ms. Hunter Nelson, representing Colorado Children's Campaign, testified in support of the bill.

Kat Gruschow, representing Colorado Consumer Health Initiative, testified in support of the bill.

05:53:21 PM  

Representative Bacon explained the effect of amendment L.001 (Attachment E).



05:53:59 PM
Motion Adopt amendment L.001
Moved Bacon
Seconded Snyder
Armagost
Daugherty
Evans
Garcia
Kipp
Luck
Marshall
Martinez
Snyder
Soper
Woodrow
Bacon
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
05:54:19 PM  

Representative Bacon explained the effect of amendment L.002 (Attachment F).



05:55:01 PM
Motion Adopt amendment L.002
Moved Bacon
Seconded Garcia
Armagost
Daugherty
Evans
Garcia
Kipp
Luck
Marshall
Martinez
Snyder
Soper
Woodrow
Bacon
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
05:55:21 PM  

Representative Amabile explained the effect of amendment L.003 (Attachment G).



05:55:50 PM
Motion Adopt amendment L.003
Moved Bacon
Seconded Garcia
Armagost
Daugherty
Evans
Garcia
Kipp
Luck
Marshall
Martinez
Snyder
Soper
Woodrow
Bacon
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
05:55:51 PM  
Discussion ensued regarding further potential amendments to HB 23-1187.
05:56:34 PM  
Representatives Bacon and Amabile provided closing remarks in support of HB 23-1187. Various committee members provided their positions on the bill.


06:13:03 PM
Motion Refer House Bill 23-1187, as amended, to the Committee of the Whole.
Moved Bacon
Seconded Garcia
Armagost No
Daugherty Yes
Evans No
Garcia Yes
Kipp Yes
Luck No
Marshall Yes
Martinez Yes
Snyder Yes
Soper No
Woodrow Yes
Bacon Yes
Weissman Yes
Final YES: 9   NO: 4   EXC: 0   ABS:  0   FINAL ACTION:  PASS


06:14:33 PM   The committee adjourned.