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S_JUD_2017A 01/25/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON JUDICIARY

Date: 01/25/2017
ATTENDANCE
Time: 01:35 PM to 02:43 PM
Coram
X
Fields
X
Place: SCR 352
Kagan
X
Cooke
X
This Meeting was called to order by
Gardner
X
Senator Gardner
This Report was prepared by
Conrad Imel
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB17-024

SB17-008
Referred to the Committee of the Whole - Consent Calendar

Referred to the Committee of the Whole





01:35 PM -- SB17-024



Senator Gardner, chair, called the committee to order. He announced the order of business for the meeting.



Senator Fields, sponsor, presented Senate Bill 17-024, concerning the hearsay exception for persons with an intellectual and developmental disability when a defendant is charged with a crime against an at-risk person. She explained recently passed related legislation and the effect of the bill.



01:38 PM --
Ms. Maggie Conboy, representing the Denver District Attorney's Office, testified in support of the bill. Ms. Conboy discussed a case where hearsay exceptions have applied. Ms. Conboy explained how the bill's hearsay exception would be used. She responded to a question from Senator Kagan about the effect of the bill. She also explained how the hearsay exceptions are applied in court, and the purpose of creating such exceptions for intellectual and developmentally disabled individuals.





01:50 PM



Ms. Conboy responded to questions about the media of testimony that may be admitted under the bill's exception.





























01:52 PM --
Ms. Darla Stuart, representing The ARC of Aurora, testified in support of the bill. She distributed a card of information to the committee (Attachment A). She discussed communication and interaction with people who have intellectual and developmental disabilities. Ms. Stuart discussed how the criminal justice and court systems interact with those who have intellectual and developmental disabilities.



17SenateJud0125AttachA.pdf17SenateJud0125AttachA.pdf



01:57 PM --
Dr. Laurie Sperry, representing herself, testified in support of the bill. She distributed a copy of her remarks and resources to the committee (Attachment B), and made her presentation. She responded to committee questions concerning the increase in crime against those with intellectual and developmental disabilities.



17SenateJud0125AttachB.pdf17SenateJud0125AttachB.pdf



02:03 PM --
Ms. Jane Walsh, representing the Twentieth Judicial District Attorney's Office and the Colorado District Attorneys' Council, testified in support of the bill. She stated her belief that crime against at-risk persons has higher reporting rates in recent years, but that there hasn't been an increase in the number of offenses committed. She also explained the process for admitting out-of-court statements in a trial. Ms. Walsh explained challenges in the legal system for those who may not be able to communicate easily in a courtroom, and how the bill will apply to court proceedings. She responded to questions concerning the offenses to which the bill would apply.





02:10 PM



Senator Fields provided closing remarks on the bill.

BILL: SB17-024
TIME: 02:12:12 PM
MOVED: Fields
MOTION: Refer Senate Bill 17-024 to the Committee of the Whole, with a recommendation that it placed on the consent calendar. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Coram
Yes
Fields
Yes
Kagan
Yes
Cooke
Yes
Gardner
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS















02:13 PM -- SB17-008



Senator Hill, sponsor, presented Senate Bill 17-008, concerning legalizing gravity and switchblade knives. He explained a situation in which a knife covered by the bill would have helped prevent bodily injury at a construction site. He also explained the provisions of the bill. Senator Hill responded to a question concerning the effect of the bill on situations that law enforcement personnel may encounter. He presented examples of knives covered by the bill. The committee discussed the potential harm of knives.



02:24 PM --
Mr. John Bloodgood, representing himself, testified in support of the bill. He distributed a packet of information to the committee (Attachment C). He discussed his and others' experiences in situations in which knives covered by the bill were beneficial. He explained the benefits of having knives that open with one hand, and told the committee that these types of knives are issued by the military and are possessed by many military veterans. Mr. Bloodgood commented on law enforcement perspectives on knives covered by the bill.



17SenateJud0125AttachC.pdf17SenateJud0125AttachC.pdf



02:36 PM --
Mr. Chris Johnson, representing the County Sheriffs of Colorado, testified in support of the bill. Mr. Johnson stated that sheriffs had not had issues with the types of knives covered by the bill. He responded to questions concerning crimes in which such knives have been used, and other law enforcement organizations' positions on the bill.



































































02:38 PM



Senator Hill provided closing remarks on the bill. Committee members discussed the bill.

BILL: SB17-008
TIME: 02:42:38 PM
MOVED: Cooke
MOTION: Refer Senate Bill 17-008 to the Committee of the Whole. The motion passed on a vote of 4-1.
SECONDED:
VOTE
Coram
Yes
Fields
No
Kagan
Yes
Cooke
Yes
Gardner
Yes
Final YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS





02:43 PM



The committee adjourned.


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