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482986C12371AD02872583BD00721799 Hearing Summary




PUBLIC
BILL SUMMARY For HB19-1225

HOUSE COMMITTEE ON JUDICIARY
Date Mar 14, 2019      
Location HCR 0112



HB19-1225 - Amended, referred to the Committee of the Whole


02:46:17 PM  

Representatives Herod and Soper, prime sponsors, presented House Bill 19-1225, concerning prohibiting the use of monetary bail for certain levels of offenses except in certain circumstances.  Representative Herod explained the effect of the bill and discussed its need. Representative Soper provided additional input on the merits of the legislation. The following persons testified regarding HB 19-1225:

Ms. Megan Dollar, representing the Colorado Municipal League, testified in opposition to the bill. She explained that the passage of an amendment would remove this opposition. Ms. Dollar cited some constitutional concerns.

Judge Robert Frick, representing the Colorado Municipal Judge Association, testified on the bill. Judge Frick discussed pretrial services, and the role of the court in pretrial detention.

Judge Carrie Clein, representing the Colorado Municipal Judge Association, testified on the bill. Judge Clein discussed dockets that municipal judges face, and the potential loss of court discretion in bail reform. Discussion ensued regarding Judge Clein's concerns. Judge Frick responded to various committee questions.

03:19:13 PM  

Ms. Sandra Freeman, representing herself, testified in support of HB 19-1225. Ms. Freeman discussed the impact of municipal bail on those facing trial. She cited some situations where failure to post bond has resulted in lengthy pretrial detention terms.

Ms. Elisabeth Epps, representing the Colorado Freedom Fund, testified in support of the bill. She discussed disparities in levying bond by courts. Representative Herod read the testimony of Natalia Marshall in support of the bill. Ms. Epps discussed the bonding situation in Weld County.

03:34:25 PM  

Judge Corin Flannigan, representing the Colorado Municipal Judge Association, testified on the bill. Judge Flannigan provided background on how municipal offense cases are conducted, and timeliness of municipal court process.

Ms. Claire Levy, representing the Colorado Center on Law and Policy, testified in support of HB 19-1225. Ms. Levy discussed the importance of pretrial release.

Mr. James Fisher, representing himself, testified in support of the bill.

03:48:59 PM  

Ms. Amanda Bent, representing the Drug Policy Alliance, testified in support of HB 19-1225.

Ms. Terese Howard, representing Denver Homeless Outloud, testified in support of the bill. Ms. Howard discussed the impact of monetary bond on the homeless population.

Mr. James Fisher, representing himself, testified in support of the bill. Mr. Fisher discussed difficulties in posting bond.

04:02:18 PM  

Ms. Tristan Gorman, representing the Colorado Criminal Defense Bar, testified in support of HB 19-1225. Ms. Gorman discussed some constitutional concerns, and the population affected by the inability to meet monetary bond.

Ms. Maureen Cain, representing the Office of the State Public Defender, testified in support of the bill. Ms. Cain discussed vulnerable populations that are affected by monetary bond.

Mr. Jumoke Emery, representing Progress Now Colorado, testified in support of the bill. Mr. Emery discussed a situation that resulted in him gaining pretrial release.

04:12:20 PM  

Ms. Denise Maes, representing the ACLU, testified in support of HB 19-1225. Ms. Maes recapped issues raised during earlier testimony.

Ms. Rebecca Wallace, representing the ACLU, testified in support of the bill. Ms. Wallace rebutted some assertions made during earlier testimony, and clarified the effect of the bill. Discussion ensued regarding the potential for amending the bill.

04:33:53 PM  
The committee considered amendment L.002 (Attachment E).


04:35:29 PM
Motion Adopt amendment L.002
Moved Herod
Seconded Soper
Benavidez
Bockenfeld
Carver
Galindo
Gonzales-Gutierrez
Pelton
Roberts
Soper
Tipper
Herod
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


04:42:22 PM
Motion Adopt amendment L.006
Moved Carver
Seconded Pelton
Benavidez No
Bockenfeld Yes
Carver Yes
Galindo Excused
Gonzales-Gutierrez No
Pelton Yes
Roberts No
Soper Yes
Tipper No
Herod No
Weissman No
YES: 4   NO: 6   EXC: 1   ABS:  0   FINAL ACTION:  FAIL
04:42:25 PM  
Discussion ensued regarding amendment L.006 (Attachment F).
04:45:02 PM  

Discussion ensued regarding amendment L.005 (Attachment G).



04:48:43 PM
Motion Adopt amendment L.005.
Moved Carver
Seconded Bockenfeld
Benavidez No
Bockenfeld Yes
Carver Yes
Galindo Excused
Gonzales-Gutierrez No
Pelton Yes
Roberts No
Soper No
Tipper No
Herod No
Weissman No
YES: 3   NO: 7   EXC: 1   ABS:  0   FINAL ACTION:  FAIL
04:48:45 PM  
Representatives Herod and Soper provided closing remarks in support of HB 19-1225. Various committee members provided their positions on the bill.


04:54:12 PM
Motion Refer House Bill 19-1225, as amended, to the Committee of the Whole.
Moved Herod
Seconded Soper
Benavidez Yes
Bockenfeld Yes
Carver Yes
Galindo Yes
Gonzales-Gutierrez Yes
Pelton Yes
Roberts Yes
Soper Yes
Tipper Yes
Herod Yes
Weissman Yes
Final YES: 11   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS






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