H_JUD_2023A 02/15/2023 01:37:47 PM Committee Summary

Representatives Evans and Duran, prime sponsors, presented House Bill 23-1108, concerning the creation of a task force to study victim and survivor awareness and responsiveness . Representative Evans explained the effect of the bill and discussed its need.

Mr. Carl Roberts, representing Colorado Resilience, testified in opposition to HB 23-1108. Committee members received a handout opposing the bill (Attachment A).

Mr. Robert Barnes, representing himself, testified in opposition to the bill.

Carolyn MacCloud, representing herself, testified in opposition to the bill.

Katie Rubano, representing Colorado Parental Alienation Support Group, testified in opposition to the bill.

Sean Murphy, representing himself, testified in opposition to the bill.

Ms. Claudia Ovalles, representing Servicemembers and Veterans for Children's Rights, testified in opposition to the bill.

Ms. Aubrey Keller, representing Rebuild Your Mind Initiative, testified on HB 23-1108 from an "amend" perspective.

Ms. Marylin Willison, representing herself, testified to amend the bill.

Tristan Gorman, representing Colorado Criminal Defense Bar, testified on the bill from an "amend" perspective.

Mr. James Karbach, representing the Office of the Colorado State Public Defender, testified to amend the bill. Discussion ensued regarding potential bias in the training that falls under the scope of the bill, and the potential for augmenting the membership of the task force created by the bill with a member who has been accused of domestic violence. Ms. Gorman responded to questions regarding the amendment to the bill that she favors. Discussion followed regarding the potential for the bill to be found unconstitutional,

Terry Scanlon, representing Colorado Courts, testified on HB 23-1108 from an "amend" position.

Rael LaPenta, representing MACA- Mothers Against Child Abuse, testified on the bill from an "amend" position.

Mr. Scanlon responded to questions regarding the amendments that the Judicial Branch favors for the bill, and training on domestic violence provided to judges.

Elizabeth Newman, representing Colorado Coalition Against Sexual Assault, testified in support of the bill. Committee members received a handout supporting the bill (Attachment B). Roshan Kalantar, representing Violence Free Colorado, testified in support of the bill. Ms. Kazi Houston, representing Rocky Mountain Victim Law Center, testified in support of the bill.

Mrs. Eileen Fitzsimmons-Rafferty, representing herself, testified in support of HB 23-1108.

Ms. Ashlee Guthrie, representing herself, testified in support of the bill.

Erica Laue, representing herself, testified in support of the bill.

Dr. Shannon Tyson-Poletti, representing themself, testified in support of HB 23-1108.

Mrs. Beth Goldman, representing Zero Child Abuse, testified in support of the bill.

Ms. Andrea Reitzel, representing herself, testified in support of the bill.

Courtney Sutton, representing Colorado Organization for Victim Assistance, testified in support of the bill. Rebecca Zimmerman, representing Violence Free Colorado, testified in support of the bill. Ms. Zimmerman responded to questions regarding her desired outcomes from the task force created by the bill. Ms. Sutton responded to questions regarding detrimental effects of the lack of preparation or understanding by the Judicial Branch on crime victims. Discussion ensued regarding the rate of domestic abuse and other victimization among incarcerated women, and what the task force can learn about this population.

Representative Duran explained the effect of amendment L.001 (Attachment C). Representative Evans explained the effect of amendment L.002 (Attachment D). Representative Duran explained the effect of amendment L.003 (Attachment E).

Representatives Duran and Evans responded to questions regarding the interplay between HB 23-1108 and HB 23-1178, as well as the amendments to HB 23-1108 presently before the committee.

Representatives Duran and Evans provided closing remarks in support of HB 23-1108. Various committee members provided their positions on the bill.

The committee recessed.

The committee returned to order. Representatives Evans and Bird, prime sponsors, presented House Bill 23-1102, concerning the high-visibility alcohol and drug impaired driving enforcement program. Representative Bird explained the effect of the bill and discussed its need. Representative Evans provided additional input on the merits of the bill. Representative Evans responded to questions regarding the application process for the grant-making program that is bolstered by the bill, and data gathering on impaired-driving under the grant program. Discussion ensued regarding administration of the programs impacted by the bill, and the status of the source of cash funds for the bill. Representative Evans responded to questions regarding stepped-up impaired driving enforcement under the grant program.

Rebecca Green, representing Mothers Against Drunk Driving, testified in support of HB 23-1102. Francis Lanzer, representing Mothers Against Drunk Driving, testified in support of the bill. Howard Small, representing Mothers Against Drunk Driving, testified in support of the bill. Erin Agee, representing Mothers Against Drunk Driving, testified in support of the bill. Ms. Green responded to questions regarding the breakdown of impaired driving victimization by demographic. Discussion ensued regarding how and why there are demographic disparities in impaired-driving victimization and arrests, and traffic enforcement in certain communities.  Discussion followed regarding guidelines surrounding traffic enforcement stops, and certain factors that result in traffic stops.

Captain Michael Honn, representing Colorado State Patrol, made himself available to answer committee questions. Mr. Glenn Davis, representing the Colorado Department of Transportation, made himself available to answer committee questions. Mr. Davis responded to questions regarding rulemaking within the department for impaired-driving enforcement. Mr. Davis responded to further questions regarding what constitutes an "episode" with respect to increased impaired-driving enforcement, such as around holidays.

Kara Miller, representing the Marijuana Industry Group, testified in support of the bill.

Stephanie Nunez, representing Mothers Against Drunk Driving, testified in support of the bill.

Mr. Christian Gardner-Wood, representing the Boulder County District Attorney's Office, testified in support of the bill.

Representative Evans explained the effect of amendment L.001 (Attachment F). Discussion ensued regarding the potential for additional rulemaking surrounding certain issues associated with impaired-driving enforcement.

Representatives Bird and Evans provided closing remarks in support of HB 23-1102. Various committee members provided input on the merits of the bill.

The committee recessed.

The committee returned to order. Representative Froelich, prime sponsor, presented House Bill 23-1178, concerning enhancing court personnel's recognition of domestic violence to access federal funding, and, in connection therewith, including the recognition of child abuse. Representative Froelich explained the effect of the bill and discussed its need. The sponsor and the chair discussed hearing public testimony, and then laying the bill over for action at a later date. Discussion ensued regarding the impact of sexual abuse or child abuse allegations on the likelihood of a parent gaining custody of a child.

Ms. Elina Asensio, representing herself, testified in support of HB 23-1178. Ms. Maralee McLean, representing Moms Fight Back, testified in support of the bill. Ms. Stacie Trujillo, representing Moms Fight Back, testified in support of the bill.

Carl Roberts, representing Colorado Resilience, testified in opposition to the bill. Mr. Roberts responded to questions regarding some statistics he cited.

Christine McGinley, representing herself, testified in support of the bill. Ms. Lauren May Woodruff , representing herself, testified in support of the bill. Dr. Shannon Tyson-Poletti, representing herself, testified in support of the bill. Dr. Tyson-Poletti responded to questions regarding the definition and source of the concept of parental alienation. Discussion ensued on this point.

Ms Judi-Beth Atwood, representing herself, testified in support of the bill. Mrs. Sybil Cummin, representing herself, testified in support of the bill. Ms Tina Swithin, representing One Mom’s Battle, testified in support of the bill. Ms. A Fuller, representing herself, testified in support of the bill.

Mrs. Rhonda DeSantis Woodruff, representing herself, testified in support of the bill.

Danielle Pollack, representing National Family Violence Law Center at GW Law, testified in support of the bill.

Jenna Daniels, representing herself, testified in support of the bill.

Rachel Dane, representing Bridge to Justice, testified in support of the bill.

Carina Potts, representing herself, testified in support of the bill.

Mr. Andrew Rose, representing COMBINE, testified in support of the bill. Rael LaPenta, representing MACA- Mothers Against Child Abusé, testified in opposition to the bill. Ms. Katie Rubano, representing Colorado Parental Alienation Support Group, testified in opposition to the bill. Ms. Claudia Ovalles, representing Servicemembers and Veterans for Children's Rights, testified in opposition to the bill. Rabbi Jacob Balinski, representing himself, testified in opposition to the bill.

The chair laid over HB 23-1178 to a later date for action.

Representatives Woodrow and Bockenfeld, prime sponsors, presented House Bill 23-1151, concerning clarifications to the requirements that the court conduct a bond hearing within forty-eight hours after after an individual is placed in jail. Representative Woodrow explained the effect of the bill and discussed its need. Representative Bockenfeld provided additional input on the merits of the legislation. Representative Woodrow responded to questions regarding holding bond hearings virtually.

Rebecca Wallace, representing the Colorado Freedom Fund, testified in support of HB 23-1151. Mr James Karbach, representing Office of the Colorado State Public Defender, testified in support of the bill. Mx. Dana Steiner, representing the Colorado Freedom Fund, testified in support of the bill. Ms. Wallace responded to questions regarding the impact of legislation concerning 48-hour bond hearings that passed in previous years.

Representative Epps explained the effect of amendment L.005 (Attachment G).

Representative Marshall provided input on HB 23-1151.