s_jud_2017a_2017-02-01t13:31:10z2 Hearing Summary
Date: 02/01/2017
Location: SCR 352
BILL SUMMARY for SB17-010
SENATE COMMITTEE ON JUDICIARY
| Votes: View--> | Action Taken: |
| Adopt amendment L.001 (Attachment C). The motion p Adopt amendment L.002 (Attachment D). The motion p Postpone Senate Bill 17-010 indefinitely using a r Refer Senate Bill 17-010, as amended, to the Commi |
Pass Without Objection Pass Without Objection Pass Without Objection FAIL |
03:48 PM -- SB17-010
Senator Kagan, prime sponsor, presented Senate Bill 17-010. Under this bill, no offender convicted of a class 4 or 5 felony, unless it is a crime of violence, a class 6 felony, or a level 2 or 3 drug felony can be adjudicated as an habitual criminal. Senator Kagan distributed and explained amendments L.001 and L.002 (Attachments C and D, respectively).
17SenateJud0201AttachC.pdf 17SenateJud0201AttachD.pdf
04:00 PM
Senator Kagan provided a lengthy explanation of the current habitual offender statute that the bill amends.
04:08 PM -- Mr. Darren Cantor, representing the Colorado Criminal Defense Bar, testified in support of the bill.
04:22 PM -- Ms. Jennifer Clouse, representing Mothers Against Drunk Driving and the Colorado Organization for Victim Assistance, testified in opposition to the bill.
04:26 PM -- Mr. Arnold Hanuman and Mr. Rich Orman, both representing the Colorado District Attorneys' Council, testified in opposition to the bill. Mr. Hanuman responded to questions and comments from the committee.
04:45 PM
Mr. Orman continued his testimony and addressed questions from the committee.
05:00 PM -- Ms. Lydia Waligorski, Public Policy Director, Colorado Coalition Against Domestic Violence, and Ms. Carolyn MacCloud, representing herself as a victim of a violent crime, testified from a neutral position on the bill.
05:09 PM -- Ms. April Elliot, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Elliot responded to a question from the committee.
05:19 PM -- Mr. Beale Tejada, representing the Colorado Criminal Defense Bar, testified in support of the bill. Mr. Tejada told the story about an individual incarcerated as an habitual criminal. Committee members received a picture of the medals this individual received when he was a member of the armed forces (Attachment E).
17SenateJud0201AttachE.pdf
05:26 PM -- Mr. Tyrone Glover, representing the Sam Carey Bar Association, testified in support of the bill. Mr. Glover addressed questions and comments from the committee.
05:41 PM -- Ms. Carrie Thompson, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Thompson responded to comments from the committee.
05:59 PM -- Ms. Denise Maes, representing the ACLU of Colorado, testified in support of the bill.
06:02 PM -- Mr. Tristan Gorman, representing the Colorado Criminal Defense Bar, testified in support of the bill.
| BILL: | SB17-010 | |
| TIME: | 06:07:58 PM | |
| MOVED: | Kagan | |
| MOTION: | Adopt amendment L.001 (Attachment C). The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Coram
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Fields
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Kagan
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Cooke
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Gardner
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | SB17-010 | |
| TIME: | 06:08:53 PM | |
| MOVED: | Kagan | |
| MOTION: | Adopt amendment L.002 (Attachment D). The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Coram
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Fields
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Kagan
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Cooke
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Gardner
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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06:09 PM
Senator Kagan made closing remarks on the bill.
| BILL: | SB17-010 | |
| TIME: | 06:11:01 PM | |
| MOVED: | Kagan | |
| MOTION: | Refer Senate Bill 17-010, as amended, to the Committee on Appropriations. The motion failed on a vote of 2-3. | |
| SECONDED: | ||
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VOTE
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Coram
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No
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Fields
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Yes
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Kagan
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Yes
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Cooke
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No
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Gardner
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No
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YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL
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| BILL: | SB17-010 | |
| TIME: | 06:15:00 PM | |
| MOVED: | Gardner | |
| MOTION: | Postpone Senate Bill 17-010 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. The motion passed without objection. | |
| SECONDED: | ||
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VOTE
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Coram
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Fields
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Kagan
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Cooke
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Gardner
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Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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06:15 PM
The committee adjourned.