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S_JUD_2024A 05/01/2024 11:29:00 AM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON JUDICIARY
Date 05/01/2024
Attendance
Gardner X
Michaelson Jenet X
Van Winkle X
Roberts X
Gonzales X
Time 11:29:00 AM to 09:08:31 PM
Place SCR 354
This Meeting was called to order by Gonzales
This Report was prepared by Juliann Jenson
Hearing Items Action Taken
HB24-1455 Referred to the Committee of the Whole - Consent Calendar
HB24-1432 Referred to Senate Appropriations
HB24-1433 Postponed Indefinitely
HB24-1461 Referred to the Committee of the Whole
HB24-1135 Referred to Senate Appropriations
HB24-1452 Amended, referred to the Committee of the Whole
HB24-1034 Amended, referred to the Committee of the Whole - Consent Calendar
HB24-1355 Amended, referred to Senate Appropriations
HB24-1437 Referred to the Committee of the Whole

HB24-1455 - Referred to the Committee of the Whole - Consent Calendar


11:29:22 AM  

Senator Gardner, sponsor, presented House Bill 24-1455, concerning the effective date of the twenty-third judicial district.

 

Written testimony submitted about the bill is in Attachment A.



11:30:45 AM
Motion Refer House Bill 24-1455 to the Committee of the Whole and with a recommendation that it be placed on the consent calendar.
Moved Gardner
Seconded
Gardner Yes
Michaelson Jenet Yes
Van Winkle Yes
Roberts Yes
Gonzales Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB24-1432 - Referred to Senate Appropriations


11:31:08 AM  

Senator Michaelson Jenet, bill sponsor, presented House Bill 24-1432, concerning eliminating the requirement for a defendant to pay the Colorado Bureau of Investigation for costs related to sealing criminal justice records in the Bureau's custody, and, in connection therewith, making and reducing an appropriation. 

11:32:03 AM  
Ms. Brianna Buentello, representing Stand for Children Colorado, testified in support of the bill.
11:33:15 AM  

The bill sponsor made closing remarks.



11:34:31 AM
Motion Refer House Bill 24-1432 to the Committee on Appropriations.
Moved Michaelson Jenet
Seconded
Gardner Yes
Michaelson Jenet Yes
Van Winkle Yes
Roberts Yes
Gonzales Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB24-1433 - Postponed Indefinitely


11:34:44 AM  

Senator Gonzales, sponsor, presented House Bil 24-1433, concerning removing the governor's approval requirement in early parole decisions for participants in a specialized program for offenders who committed an offense when under twenty-one years of age.

11:37:03 AM  

Courtney Sutton, representing Colorado Organization for Victim Assistance, testified in opposition to the bill.

Travis Sides, representing District Attorney for the 13th Judicial District, testified in opposition to the bill.

Tom Raynes, representing Colorado District Attorneys Council, testified in opposition to the bill.

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

Committee members asked questions about the number of applicable cases and the time involved to review them.  Committee discussion ensued about timelines and victim notification. 

11:55:30 AM  

The bill sponsor and committee members made closing remarks.



11:56:41 AM
Motion Refer House Bill 24-1433 to the Committee of the Whole.
Moved Gonzales
Seconded
Gardner No
Michaelson Jenet Yes
Van Winkle No
Roberts No
Gonzales Yes
YES: 2   NO: 3   EXC: 0   ABS:  0   FINAL ACTION:  FAIL


11:56:59 AM
Motion Postpone House Bill 24-1433 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely.
Moved Gonzales
Seconded
Gardner Yes
Michaelson Jenet No
Van Winkle Yes
Roberts Yes
Gonzales No
Final YES: 3   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB24-1461 - Referred to the Committee of the Whole


11:57:14 AM  

Senator Gonzales, sponsor, presented House Bill 24-1461, concerning an exemption from the limit on earned time for earned time awarded to nonviolent offenders who complete an accredited higher education program.



11:58:53 AM
Motion Refer House Bill 24-1461 to the Committee of the Whole.
Moved Gonzales
Seconded
Gardner No
Michaelson Jenet Yes
Van Winkle Yes
Roberts Yes
Gonzales Yes
Final YES: 4   NO: 1   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB24-1135 - Referred to Senate Appropriations


11:59:03 AM  

Senator Roberts, co-prime sponsor, presented House Bill 24-1135, concerning offenses to requirements for operating a vehicle, and, in connection therewith, making an appropriation. 

Committee members asked questions about the possibility of the Transportation Legislation Review Committee studying careless driving provisions. Discussion ensued about the bill and provisions in House Bill 21-271, the misdemeanor reform bill.

 

 

12:05:58 PM  

Captain-Michael Honn, representing Colorado State Patrol, testified in support of the bill.

Greg Fulton, representing Colorado Motor Carriers Association, testified in support of the bill.

12:11:36 PM  

It was noted for the record that the Colorado District Attorneys' Council supported the bill.



12:12:36 PM
Motion Refer House Bill 24-1135 to the Committee on Appropriations.
Moved Roberts
Seconded
Gardner Yes
Michaelson Jenet Yes
Van Winkle Yes
Roberts Yes
Gonzales Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



12:12:45 PM

The committee recessed. 

 

 



HB24-1452 - Amended, referred to the Committee of the Whole


05:37:31 PM  

The committee reconvened.

Senator Buckner presented House Bill 24-1452, airport accessibility requirements.

Committee members asked questions about what jurisdiction has the authority to regulate airports for accessibility. 

An overview about the bill was distributed (Attachment B).

05:42:49 PM  

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

Jack Johnson, representing Disability Law Colorado, testified in support of the bill.

Committee members asked questions about the state's authority to regulate an airport.  Discussion ensued about the removal of private right of action provisions in the bill. 

 

05:59:27 PM  

Ms. Barbara Niederhoff, representing themself, testified in support of the bill.

Dawn Howard, representing themself, testified in support of the bill.

06:04:49 PM  

Hillary Jorgensen, representing Colorado Cross Disability Coaliton, testified in support of the bill.

Ms. Meredith Henry, representing The Arc of Colorado, testified in support of the bill.

06:11:40 PM  

Mr. Craig Towler, representing themself, testified in support of the bill.

Anthony Brown, representing Colorado Cross Disability Coalition, testified in support of the bill.

06:17:02 PM  

Dr. Michael Neil, representing Colorado Cross-Disability Coalition, testified in support of the bill.

Written testimony and a video in support of the bill may be found in Attachment C.

06:19:37 PM  

Senator Buckner distributed and explained Amendment L.006 (Attachment D). 

 



06:24:35 PM
Motion Adopt amendment L.006 (Attachment D)
Moved Roberts
Seconded
Gardner
Michaelson Jenet
Van Winkle
Roberts
Gonzales
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
06:24:37 PM  

Senator Buckner made closing comments.



06:26:55 PM
Motion Refer House Bill 24-1452, as amended, to the Committee of the Whole.
Moved Roberts
Seconded
Gardner Yes
Michaelson Jenet Yes
Van Winkle No
Roberts Yes
Gonzales Yes
Final YES: 4   NO: 1   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB24-1034 - Amended, referred to the Committee of the Whole - Consent Calendar


06:27:07 PM  

Senator Fields, sponsor, presented House Bill 24-1034, concerning adult competency to stand trial.

06:32:00 PM  

Jack Johnson, representing Disability Law Colorado, testified in support of the bill.

Mr. Jonathan Singer, representing Boulder Chamber, testified in support of the bill.

Ms. Jagruti Shah, representing Colorado Department of Human Services, was available to answer committee questions.

Ryan Templeton , representing Behavioral Health Administration, was available to answer committee questions.

Dr. Katherine Reis, representing Colorado Department of Human Services, was available to answer committee questions.

Committee members asked questions about the fiscal note.

06:38:37 PM  

Senator Fields distributed Amendment  L.008 (Attachment E).



06:39:30 PM
Motion Adopt amendment L.008 (Attachment E)
Moved Gardner
Seconded
Gardner
Michaelson Jenet
Van Winkle
Roberts
Gonzales
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
06:39:32 PM  

The bill sponsor made closing remarks.



06:40:57 PM
Motion Refer House Bill 24-1034, as amended, to the Committee of the Whole and with a recommendation that it be placed on the consent calendar.
Moved Gardner
Seconded
Gardner Yes
Michaelson Jenet Yes
Van Winkle Yes
Roberts Yes
Gonzales Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB24-1355 - Amended, referred to Senate Appropriations


06:41:15 PM  

Senators Michaelson Jenet and Gardner, co-prime sponsors, presented House Bill 24-1355, concerning adult competency to stand trial.  

The bill sponsors distributed Amendment L.005 (Attachment F). 

 

06:47:37 PM  

Ms. Patti Tobias, representing themself, testified in support of the bill.

Ms. Jagruti Shah, representing Colorado Department of Human Services, testified in support of the bill.

Committee members asked how the bill would decrease the competency waitlist.  Discussion ensued about diversion programs, eligibility, and cost savings. 

 

07:01:55 PM  

Mr. James Katbach, representing Colorado State Public Defenders Office, testified in support of the bill.

Ms. Jori Dovey, representing Bridges of Colorado, testified in support of the bill.

Discussion returned to costs savings and evidence-based models of competency diversion programs.  The committee discussed the chain of events in competency cases.

 

 

07:23:55 PM  

Committee members asked the panel questions about program eligibility requirements and the number of applicable cases. 

07:28:37 PM  

Mr. Brian Johnson, representing Office of the State Public Defender, testified in support of the bill.

Ms. Maureen Cain, representing Office of the State Public Defender, testified in support of the bill.

07:34:38 PM  

Mr. Damian Cucinell, representing themself, testified in support of the bill.

Lauren Snyder, representing Mental Health Colorado, testified in support of the bill.

Ms. Kristen Ham, representing Colorado State Public Defender, testified in support of the bill.

Mr. Todd Pomeroy , representing themself, testified in support of the bill.

07:51:45 PM  

Ms. Misty Pankratz, representing themself, testified in support of the bill.

Ms. Becca Butler-Dines, representing Colorado State Public Defender, testified in support of the bill.

07:59:36 PM  

Mr. Jonathan Singer, representing Boulder Chamber, testified in support of the bill.

Ryan Templeton, representing Behavioral Health Administration, was available to answer committee questions.

08:02:53 PM  

The bill sponsors revisited Amendment L.005 (Attachment F) .  Shelby Ross, Office of Legislative Legal Services, explained the amendment and its relationship to the previous bill (House Bill 24-1034).



08:07:56 PM
Motion Adopt amendment L.005 (Attachment F)
Moved Gardner
Seconded
Gardner
Michaelson Jenet
Van Winkle
Roberts
Gonzales
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
08:08:37 PM  

The bill sponsors and committee members made closing remarks. 



08:11:07 PM
Motion Refer House Bill 24-1355, as amended, to the Committee on Appropriations.
Moved Gardner
Seconded
Gardner Yes
Michaelson Jenet Yes
Van Winkle Yes
Roberts Yes
Gonzales Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB24-1437 - Referred to the Committee of the Whole


08:11:21 PM  

Senator Fields and Michaelson Jenet, co-prime sponsors, presented House Bill 24-1437, concerning prohibiting a municipality from using specified payment structures for indigent defense services under certain circumstances. 

08:14:54 PM  

Ms. Soledad Diaz, representing Violence Free Colorado, testified in support of the bill.

Jess Jones, representing themself, testified in support of the bill.

Committee members raised questions about jurisdictions that employ flat fees for indigent defense.

 

08:22:36 PM  

Eve Primus, representing themself, testified in support of the bill.

Mr. Casey Krizman, representing themself, testified in support of the bill.

Committee members asked questions about how flat fees work.  Discussion ensued about domestic violence cases in municipal court. 

 

08:43:41 PM  

Ms. Jessica Campbell-Swanson, representing Arapahoe County, testified to amend the bill.

Mr. Jonathan Jourdane, representing Office of the Alternate Defense Counsel, testified in support of the bill.

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

08:58:58 PM  

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

Further discussion ensued about domestic violence cases in municipal courts.

Written testimony submitted about the bill is in Attachment G.

09:05:32 PM  

The bill sponsors made closing comments.

Committee members made closing comments. 



09:08:14 PM
Motion Refer House Bill 24-1437 to the Committee of the Whole.
Moved Michaelson Jenet
Seconded
Gardner Yes
Michaelson Jenet Yes
Van Winkle No
Roberts Yes
Gonzales Yes
Final YES: 4   NO: 1   EXC: 0   ABS:  0   FINAL ACTION:  PASS


09:08:31 PM   The committee adjourned.