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h_jud_2016a_2016-02-16t13:34:51z2 Hearing Summary

Date: 02/16/2016



Final

BILL SUMMARY for HB16-1104



HOUSE COMMITTEE ON JUDICIARY


Votes: View--> Action Taken:
Adopt amendment L.001 (Attachment E). The motion p

Refer House Bill 16-1104, as amended, to the Commi
Pass Without Objection

PASS







03:10 PM -- HB16-1104



Representative Roupe, prime sponsor, presented House Bill 16-1104, concerning the issuance of a summons in lieu of a warrant for certain non-violent offenders. Representative Roupe explained the need for the bill. The following persons testified regarding the bill:



03:14 PM --
Sheriff Bill Elder, representing El Paso County, testified in support of the bill. Sheriff Elder expressed support for the bill and amendment L.001 (Attachment E). Sheriff Elder explained how defendants are bonded out for felonies, and how the bill will improve upon this process. Sheriff Elder responded to questions regarding how the bill will affect the current felony summons process. Sheriff Elder responded to questions regarding when the decision is made under the bill to issue a felony summons rather than taking the defendant into custody, and the criteria considered in making this decision.





03:25 PM



Sheriff Elder responded to questions regarding how the summons contemplated by HB 16-1104 would take place, and the time frame for this transaction. Sheriff Elder responded to questions regarding the potential for flight to occur on the part of defendants under the summons criteria established by the bill.



03:33 PM --
Ms. Maureen Cain, representing the Colorado Criminal Defense Institute and the Colorado State Public Defender, testified in support of the bill if it were to be amended. Ms. Cain discussed some previously adopted legislation pertaining to summonses, and the collaborative process that resulted in HB 16-1104. Ms. Cain discussed the cost savings to be realized by issuing summons under the bill.



03:39 PM --
Ms. Sophia San Miguel, representing herself, testified regarding the bill. Ms. San Miguel discussed the time involved in issuing summonses under certain circumstances.





03:43 PM



Representatives Court and Roupe explained the effect of amendment L.001.

BILL: HB16-1104
TIME: 03:43:53 PM
MOVED: Court
MOTION: Adopt amendment L.001 (Attachment E). The motion passed without objection.

16HouseJud0216AttachE.pdf16HouseJud0216AttachE.pdf
SECONDED: Melton
VOTE
Carver
Court
Dore
Foote
Lawrence
Lundeen
Melton
Salazar
Willett
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





03:45 PM



Representative Roupe provided closing remarks in support of HB 16-1104.

BILL: HB16-1104
TIME: 03:45:21 PM
MOVED: Court
MOTION: Refer House Bill 16-1104, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED: Lee
VOTE
Carver
Yes
Court
Yes
Dore
Yes
Foote
Yes
Lawrence
Yes
Lundeen
Yes
Melton
Yes
Salazar
Yes
Willett
Yes
Lee
Yes
Kagan
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS










The effective date for bills enacted without a safety clause is August 7, 2024, if the General Assembly adjourns sine die on May 8, 2024, unless otherwise specified. Details