PUBLIC STAFF SUMMARY OF MEETING SENATE COMMITTEE ON JUDICIARY
Date |
05/02/2023 |
Attendance |
Gardner |
X |
Roberts |
X |
Van Winkle |
X |
Rodriguez |
X |
Gonzales |
X |
|
Time |
10:53:39 AM to 01:04:18 PM |
Place |
Old Supreme Court |
This Meeting was called to order by |
Gonzales |
This Report was prepared by |
Juliann Jenson |
|
Hearing Items |
Action Taken |
hHB23-1280 |
Referred to the Committee of the Whole - Consent Calendar |
hHB23-1268 |
Referred to the Committee of the Whole - Consent Calendar |
hHB23-1222 |
Referred to the Committee of the Whole - Consent Calendar |
hHB23-1214 |
Amended, referred to the Committee of the Whole |
hHB23-1286 |
Referred to the Committee of the Whole |
hHB23-1292 |
Amended, referred to the Committee of the Whole - Consent Calendar |
hHB23-1293 |
Referred to Senate Appropriations |
hSB23-158 |
Amended, referred to Senate Appropriations |
|
|
HB23-1280 - Referred to the Committee of the Whole - Consent Calendar
|
|
|
10:58:50 AM |
Senators Gardner and Roberts, co-prime sponsors, presented House Bill 23-1280, concerning the codification of the Colorado Access to Justice Commission.
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|
11:01:31 AM |
Mrs. Elisa Overall, representing Colorado Access to Justice Commission, testified in support of the bill.
Mr. Richard Murray, representing Colorado Access to Justice Commission, testified in support of the bill.
Mr. Matthew Baca, representing Colorado Legal Services, testified in a neutral position on the bill.
Mr. Sam Walker, representing Colorado Access to Justice Commission, testified in support of the bill.
Written testimony submitted about the bill may be found in Attachment A.
|
|
11:13:01 AM |
The bill sponsors made closing comments.
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11:14:51 AM
|
Motion |
Refer House Bill 23-1280 to the Committee of the Whole and with a recommendation that it be placed on the consent calendar. |
|
Moved |
Gardner |
|
Seconded |
|
|
|
|
|
Gardner |
Yes |
|
|
Roberts |
Yes |
|
|
Van Winkle |
Yes |
|
|
Rodriguez |
Yes |
|
|
Gonzales |
Yes |
|
|
Final |
YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS |
|
|
HB23-1268 - Referred to the Committee of the Whole - Consent Calendar
|
|
|
11:15:10 AM |
Senators Pelton B and Roberts, co-prime sponsors, presented House Bill 23-1268, concerning changes to the process for a person serving a criminal sentence in Colorado for a conviction in another state to participate in a private treatment program. They explained how the bill removes barriers for individuals seeking treatment.
Committee members asked questions about the bill's application to sex offender treatment and misdemeanor offenses.
|
|
11:21:18 AM |
Bridget Anshus, representing Mental Health Colorado, testified in support of the bill.
Mr. James Karbach, representing Colorado State Public Defender's Office, testified in support of the bill.
Dr. Lesley Brooks, representing Colorado Behavioral Healthcare Council, testified in support of the bill.
Mr. Thomas Miller, representing The Behavioral Health Administration, testified in support of the bill.
Written testimony submitted about the bill may be read in Attachment B.
|
|
11:34:21 AM |
The bill sponsors made closing comments. Senators Roberts and Pelton B made closing comments.
|
11:36:33 AM
|
Motion |
Refer House Bill 23-1268 to the Committee of the Whole and with a recommendation that it be placed on the consent calendar. |
|
Moved |
Roberts |
|
Seconded |
|
|
|
|
|
Gardner |
Yes |
|
|
Roberts |
Yes |
|
|
Van Winkle |
Yes |
|
|
Rodriguez |
Yes |
|
|
Gonzales |
Excused |
|
|
Final |
YES: 4 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS |
|
|
HB23-1222 - Referred to the Committee of the Whole - Consent Calendar
|
|
|
11:36:46 AM |
Senators Roberts and Winter, co-prime sponsors, presented House Bill 23-1222, concerning the jurisdiction of municipal courts to hear domestic violence offenses. They explained that the bill creates new requirements for domestic violence cases heard in municipal courts.
|
|
11:44:18 AM |
Amy Attwood, representing Westminster, testified in support of the bill.
Lydia Waligorski, representing themself, testified in support of the bill.
Courtney Sutton, representing Colorado Organization for Victim Assistance, testified in support of the bill.
|
|
11:51:28 AM |
Roshan Kalantar, representing Violence Free Colorado, testified in support of the bill.
Committee members asked questions about the bill's application to repeat offenders.
|
|
11:57:32 AM |
Committee members inquired about related services and assitance for domestic violence survivors.
The bill sponsors made closing comments.
|
12:03:26 PM
|
Motion |
Refer House Bill 23-1222 to the Committee of the Whole and with a recommendation that it be placed on the consent calendar. |
|
Moved |
Roberts |
|
Seconded |
|
|
|
|
|
Gardner |
Yes |
|
|
Roberts |
Yes |
|
|
Van Winkle |
Yes |
|
|
Rodriguez |
Yes |
|
|
Gonzales |
Yes |
|
|
Final |
YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS |
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|
HB23-1214 - Amended, referred to the Committee of the Whole
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|
|
12:03:39 PM |
Senator Gonzales, prime sponsor, presented House Bill 22-1214, concerning establishing procedures related to applying for commutation of a criminal sentence, and, in connection therewith, making an appropriation.
Committee members asked questions about the bill's application to veterans.
Senator Gonzales distributed Amendment L.009 and explained that it makes technical alignments and removes a subsection about marijuana pardons (Attachment C).
|
12:12:24 PM
|
Motion |
Adopt amendment L.009 (Attachment C) |
|
Moved |
Gonzales |
|
Seconded |
|
|
|
|
|
Gardner |
|
|
|
Roberts |
|
|
|
Van Winkle |
|
|
|
Rodriguez |
|
|
|
Gonzales |
|
|
|
|
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection |
|
|
|
12:12:41 PM |
Committee members raised constitutional concerns with the bill.
|
12:19:30 PM
|
Motion |
Refer House Bill 23-1214, as amended, to the Committee of the Whole. |
|
Moved |
Gonzales |
|
Seconded |
|
|
|
|
|
Gardner |
No |
|
|
Roberts |
Yes |
|
|
Van Winkle |
No |
|
|
Rodriguez |
Yes |
|
|
Gonzales |
Yes |
|
|
Final |
YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS |
|
|
HB23-1286 - Referred to the Committee of the Whole
|
|
|
12:20:30 PM |
There was no public testimony on the bill.
Written comments submitted about the bill may be read in Attachment D.
|
12:20:38 PM
|
Motion |
Refer House Bill 23-1286 to the Committee of the Whole. |
|
Moved |
Roberts |
|
Seconded |
|
|
|
|
|
Gardner |
Yes |
|
|
Roberts |
Yes |
|
|
Van Winkle |
Excused |
|
|
Rodriguez |
Yes |
|
|
Gonzales |
No |
|
|
Final |
YES: 3 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS |
|
|
HB23-1292 - Amended, referred to the Committee of the Whole - Consent Calendar
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|
12:20:51 PM |
Senators Gonzales and Gardner, co-prime sponsors, explained HB23-1292, concerning the adoption of the 2023 recommendations of the Colorado Commission on Criminal and Juvenile Justice regarding enhanced sentencing. Senator Gardner explained that the bill allows persons sentenced as violent offenders to serve their sentences concurrently under certain circumstances, and allows persons sentenced as violent and habitual offenders to petition the court to modify their sentence.
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|
12:23:20 PM |
Maureen Cain, representing Public defender, testified in support of the bill.
Mr. Michael Dougherty, representing themself, testified in support of the bill.
Director Stan Hilkey, representing Colorado Department of Public Safety, testified in support of the bill.
Committee members asked questions about consecutive sentencing and "second looks." Questions were also asked about the number of cases that apply.
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12:29:52 PM |
Committee discussion ensued about the process to modify sentences.
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|
12:31:18 PM |
Senator Gardner distributed Amendment L.003 and explained it is a technical amendment to adjust applicable dates (Attachment E).
|
12:32:18 PM
|
Motion |
Adopt amendment L.003 (Attachment E) |
|
Moved |
Gonzales |
|
Seconded |
|
|
|
|
|
Gardner |
|
|
|
Roberts |
|
|
|
Van Winkle |
Excused |
|
|
Rodriguez |
|
|
|
Gonzales |
|
|
|
|
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection |
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|
|
12:32:37 PM |
The bill sponsors made closing comments.
|
12:33:28 PM
|
Motion |
Refer House Bill 23-1292, as amended, to the Committee of the Whole and with a recommendation that it be placed on the consent calendar. |
|
Moved |
Gonzales |
|
Seconded |
|
|
|
|
|
Gardner |
Yes |
|
|
Roberts |
Yes |
|
|
Van Winkle |
Yes |
|
|
Rodriguez |
Yes |
|
|
Gonzales |
Yes |
|
|
Final |
YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS |
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|
HB23-1293 - Referred to Senate Appropriations
|
|
|
12:33:47 PM |
Senators Gardner and Gonzales, co-prime sponsors, explained House Bill 23-1293, concerning the adoption of the 2023 recommendations of the Colorado Commission on Criminal and Juvenile Justice regrding felony sentencing. Senator Gardner explained that the bill increases and decreases classifications of certain felony offenses.
Maureen Cain, representing Public Defender, testified in support of the bill.
Mr. Michael Dougherty, representing District Attorney's Office, 20th Judicial District, testified in support of the bill.
Director Stan Hilkey, representing Colorado Department of Public Safety, testified in support of the bill.
Committee members asked questions about some of the crime reclassifications.
|
|
12:45:41 PM |
The bill sponsors made closing comments.
|
12:49:12 PM
|
Motion |
Refer House Bill 23-1293 to the Committee on Appropriations. |
|
Moved |
Gardner |
|
Seconded |
|
|
|
|
|
Gardner |
Yes |
|
|
Roberts |
No |
|
|
Van Winkle |
No |
|
|
Rodriguez |
Yes |
|
|
Gonzales |
Yes |
|
|
Final |
YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS |
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|
SB23-158 - Amended, referred to Senate Appropriations
|
|
|
12:49:25 PM |
Senators Gonzales and Gardner presented Senate Bill 23-158, concerning the continuation of the Colorado Commission on Criminal and Juvenile Justice. The bill sponsors recapped the sunset review process and previous hearings on the bill.
Senator Gardner distributed Amendment L.009 and explained that it limits the commission to one year (Attachment F).
Committee members discussed the direction of the commission and explained their support or opposition to it. Further discussion was had about the commission's structure.
|
12:59:34 PM
|
Motion |
Adopt amendment L.009 (Attachment F) |
|
Moved |
Gardner |
|
Seconded |
|
|
|
|
|
Gardner |
Yes |
|
|
Roberts |
Yes |
|
|
Van Winkle |
Yes |
|
|
Rodriguez |
No |
|
|
Gonzales |
No |
|
|
|
YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS |
|
|
|
01:00:03 PM |
The bill sponsors made closing remarks.
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01:04:09 PM
|
Motion |
Refer Senate Bill 23-158, as amended, to the Committee on Appropriations. |
|
Moved |
Gardner |
|
Seconded |
|
|
|
|
|
Gardner |
Yes |
|
|
Roberts |
Yes |
|
|
Van Winkle |
Yes |
|
|
Rodriguez |
No |
|
|
Gonzales |
No |
|
|
Final |
YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS |
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01:04:18 PM |
The committee adjourned. |