H_JUD_2023A 04/18/2023 01:40:39 PM Committee Summary

The committee was called to order.  A quorum was present.  Representatives Duran and Weissman, prime sponsors, presented House Bill 23-1222, concerning the jurisdiction of municipal courts to hear domestic violence offenses.  Representative Weissman explained the effect of the bill and discussed its need.  Representative Weissman provided further input on the bill's merits, and described the effect of some forthcoming amendments.  Representative Weissman responded to questions regarding the level of severity of domestic violence cases heard in municipal courts, and the fiscal impact of the bill.  Discussion ensued regarding the application of the bill in home-rule cities.

Lydia Waligorski, representing herself, testified in support of the bill.

Kerry Tipper, representing the City and County of Denver, testified to amend the bill.

Marley Bordovsky, representing the City and County of Denver, was available to answer committee questions.

Brian Poggenklass, representing the City of Westminster, testified to amend the bill. Ms. Tipper and Ms. Bordovsky responded to questions regarding the City and County of Denver's potential need for additional resources if HB 23-1222 passes, and disparate treatment of domestic violence cases across various jurisdictions. Ms. Bordovsky responded to further questions regarding relinquishment of firearms in domestic violence cases. Ms. Waligorski responded to questions regarding data-sharing requirements in the bill.

Judge Corin Flannigan, representing Colorado Municipal Judges Association, testified to amend the bill.

Rebecca Wallace, representing Colorado Freedom Fund, testified in support of the bill.

Ms. Eileen McCarron, representing herself, testified in support of the bill. Ms. Wallace responded to questions regarding court procedure violations by municipal courts, and the impact of some forthcoming amendments to HB 23-1222.

Roshan Kalantar, representing Violence Free Colorado, testified in support of the bill.

Ms. Emily Tofte Nestaval, representing Rocky Mountain Victim Law Center, testified in support of the bill.

Representative Duran explained the effect of amendment L.001 (Attachment A). Representative Weissman explained the effect of amendment L.002 (Attachment B).

Representative Weissman responded to questions regarding the positions of certain stakeholders on the amendments to HB 23-1222, and the stakeholding process on the bill. Representative Duran provided additional input on these questions.

Representatives Weissman and Duran provided closing remarks in support of HB 23-1222. Various committee members provided their positions on the bill.

Representatives Soper and Weissman, prime sponsors, presented House Bill 23-1293, concerning the adoption of the 2023 recommendations of the Colorado Commission on Criminal and Juvenile Justice regarding felony sentencing.  Representative Soper explained the effect of the bill and discussed its need.  Representative Weissman provided further input on the merits of the bill. Representative Weissman responded to questions regarding changes by the bill to elements of certain offenses.

Director Stan Hilkey, representing Colorado Department of Public Safety, testified in support of the bill.

Mr. Michael Dougherty, representing District Attorney's Office - 20th JD (Boulder County), testified in support of the bill.

Ms. Maureen Cain, representing the Office of the State Public Defender, testified in support of the bill. Ms. Cain responded to questions regarding the removal of elements of certain crimes by HB 23-1293.

Representative Weissman explained the effect of amendment L.002 (Attachment C).

Representatives Soper and Weissman provided closing remarks in support of HB 23-1293.

The committee recessed.

The committee returned to order. Representatives Armagost and Duran, prime sponsors, presented HB 23-1286, concerning changes to penalties for the offense of cruelty to animals for working animals that are used in connection with governmental entities. Representative Duran explained the effect of the bill and discussed its need. Representative Armagost provided additional input on the merits of the legislation. Discussion ensued regarding fines assessed by the bill, and certain language removed from the bill by a forthcoming amendment.

Mr. Roland Halpern, representing Colorado Voters for Animals, testified in support of the bill.

Mrs. Julie Hancock, representing themself, testified in support of the bill.

Gilbert Abdulla, representing the Adams County Sheriff's Office, testified in support of HB 23-1286.

Zachary Oliver, representing the Jefferson County Sheriff's Office, testified in support of HB 23-1286.

Reggie Marinelli, representing the Jefferson County Sheriff's Office, testified in support of the bill. Discussion ensued regarding current penalties for harming police dogs, and the proper penalties for doing so. Discussion followed regarding costs associated with training or replacing a police dog, and work performed by such animals. Ian Thompson, representing the Jefferson County Sheriff's Office, provided further input regarding these issues.

Ms. Kristen Miller, representing herself, testified in support of the bill. Ms. Barbara Bennett, representing Larimer Retired K9 Foundation, Inc, testified in support of the bill. Rachel Heatley, representing Dumb Friends League, testified in support of the bill. Deputy Ron Hancock, representing El Paso County Sheriffs Office, testified in support of the bill.

The sponsors introduced and gave an overview of amendment L.004 (Attachment ).

The committee made comments on the amendment.

Representatives Armagost and Duran provided closing remarks in support of HB 23-1286. Various committee members provided their positions on the bill.

Representatives Weissman and Soper, prime sponsors, presented House Bill 23-1292, concerning the adoption of the 2023 recommendations of the Colorado Commission on Criminal and Juvenile Justice regarding enhanced sentencing. Representative Soper explained the effect of the bill and discussed its need. Representative Weissman provided additional input on the operation and merits of the bill. Discussion ensued regarding certain language in the bill pertaining to what elements of a crime may lead to sentences being concurrent instead of consecutive.

Director Stan Hilkey, representing Colorado Department of Public Safety, testified in support of the bill. Dan Rubinstein, representing himself, testified in support of the bill. Jessica Jones, representing the Colorado Criminal and Juvenile Justice Commission, testified in support of the bill. Mr. Daniel Meyer, representing Spero Justice Center, testified in support of the bill. Ms. Jones responded to questions raised during earlier testimony. Mr. Rubenstein responded to questions regarding motions to reconsider for habitual criminal sentences under HB 23-1292. Mr. Meyer responded to questions regarding second look in sentencing.

Representative Weissman explained the effect of amendment L.002 (Attachment E).

Representatives Soper and Weissman provided closing remarks in support of HB 23-1292. Representatives Epps and Bacon provided their positions on the bill.

Representatives Martinez and Winter, prime sponsors, presented SB 23-088, concerning an offender's eligibility for release from confinement. Representative Martinez explained the effect of the bill and discussed its need. Representative Winter weighed in on the bill. No one testified on the bill. Representative Luck offered a conceptual amendment.

The sponsors of SB 23-088 provided closing remarks in support of the bill.

Representative Bacon discussed SB 23-088 and associated issues.

Representatives Bird and Evans, prime sponsors, presented SB 23-022, concerning adding aggravated motor vehicle theft to the list of convictions that apply to the offense of possession of weapons by previous offenders. Representative Bird explained the effect of the bill and discussed its need. Representative Evans provided additional input on the need for the legislation. Representative Evans responded to questions regarding the elements of the crime that is added to the list of offenses considered possession of a weapon by a previous offender (POWPO), and the purpose of POWPO.

Maureen Cain, representing the Office of the State Public Defender, testified in opposition to the bill. Tristan Gorman, representing the Colorado Criminal Defense Bar, testified in opposition to the bill. Discussion ensued regarding the position of the Colorado Commission on Criminal and Juvenile Justice on SB 23-022, and crimes that lead an offender to be prohibited from possessing firearms. Discussion followed regarding aggravated sentencing.

Chief Matthew Packard, representing Colorado State Patrol - Colorado Department of Public Safety, testified in support of the bill.

Ms. Eileen McCarron, representing Colorado Ceasefire, testified in support of the bill.

Mollie Steinemann, representing Colorado Municipal League, testified in support of the bill.

Deputy Chief James Martin, representing Colorado Association of the Chiefs of Police-Pueblo Police Department, testified in support of the bill. Discussion ensued regarding the impact of SB 23-022 on public safety, and the need for the criminal enhancements under the bill. The discussion included a number of fact patterns that may be impacted by the bill.

Representative Bird explained the effect of amendment L.002 (Attachment F). Discussion ensued regarding the function and merits of the amendment. Michael Dohr, Office of Legislative Legal Services, provided further input on the operation of the amendment.

Representative Woodrow explained the effect of amendment L.004 (Attachment G). Discussion ensued regarding how the amendment operates in conjunction with amendment L.002, and the addition of a criminal element by amendment L.004. Discussion followed regarding how the element may be covered under current law. Mr. Dohr further explained the effect of amendment L.004. Representative Woodrow discussed the genesis of the amendment.

Representatives Bird and Evans provided closing remarks in support of SB 23-022. Discussion ensued regarding the merits of the bill.

Representative Weissman laid over SB 23-022.

Representatives Soper and Marshall, prime sponsors, presented Senate Bill 23-203, concerning the authority of the Office of the Inspector General

Ms. Adrienne Sanchez, representing Colorado Department of Corrections, testified in support of the bill.

No amendments were offered to SB 23-203. The bill's sponsors provided closing remarks in support of the bill.