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H_JUD_2022A 03/15/2022 01:35:38 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON JUDICIARY
Date 03/15/2022
Attendance
Bacon *
Benavidez *
Bockenfeld X
Carver X
Daugherty X
Luck *
Lynch X
Roberts X
Woodrow X
Tipper X
Weissman X
Time 01:35:38 PM to 07:22:10 PM
Place Old State Library
This Meeting was called to order by Weissman
This Report was prepared by Bo Pogue
Hearing Items Action Taken
HB22-1119 Committee Discussion Only
SB22-086 Referred to the Committee of the Whole
SB22-023 Amended, referred to House Appropriations

HB22-1119 - Committee Discussion Only


01:35:53 PM  

The committee was called to order. A quorum was present. Representative Gray, prime sponsor, presented House Bill 22-1119, concerning civil liability for presenting false claims for payment to the state. Representative Gray explained the effect of the bill and discussed its need.

01:40:12 PM  
Phil Weiser, Attorney General representing the Department of Law, testified in support of HB 22-1119. Mr. Weiser responded to questions regarding the amount of fraud that may be captured by the bill, and the scope of the bill in terms of the breadth of the crimes addressed. Mr. Weiser responded to further questions about awarding of attorney fees under the bill.
01:51:59 PM  
Jason Dunn, representing the Denver Metro Chamber of Commerce, testified on HB 22-1119 from an "amend" position.

Josh Weiss, representing the Colorado Competitive Council, testified on the bill from an "amend" position.

Henry Bangert, representing the Associated General Contractors of Colorado, testified on the bill from an "amend" position.

Loren Furman, representing the Colorado Chamber of Commerce, testified on the bill from an "amend" position.

Mr. Bangert and Mr. Dunn responded to questions regarding the difference between the federal False Claims Act and HB 22-1119. Discussion ensued regarding the definitions of "knowing" and "political subdivision" in the bill, and certain disclosure privileges in the bill. Discussion followed regarding attorney fees awarded under the bill, and the potential impact of litigation on companies under the bill. Discussion turned to the definition of "in-camera" under the bill. Mr. Bangert responded to questions regarding the potential inclusion of "safe harbor" provisions for companies under the bill. Discussion ensued regarding certain criminal procedures in the bill.

02:31:09 PM  
Mary Inman, representing Taxpayers Against Fraud, testified in support of HB 22-1119. Ms. Inman responded to questions regarding protections for whistleblowers.
02:38:21 PM  

Jan Zavislan, representing the Department of Law, made himself available to respond to questions regarding HB 22-1119. He responded to questions regarding the definition of "political subdivision" in the bill, and the awarding of attorney fees under the bill. Mr. Zavislan responded to further questions about privileges, and investigations conducted under the bill. Mr. Zavislan responded to questions regarding attorney/client privilege.

02:53:39 PM  
Representative Weissman laid over HB 22-1119.



SB22-086 - Referred to the Committee of the Whole


02:54:19 PM  

Representatives Gray and Gonzales-Gutierrez, prime sponsors, presented SB 22-086, concerning assets exempted from seizure in certain proceedings, and, in connection therewith, expanding the amount and application of the homestead exemption to include personal property that is actually used as a residence, increasing the scope and amount of assets that may be exempted, adding certain new exemptions, recreating and increasing an exemption for money in depository accounts, and removing a requirement that a person must deposit and not commingle funds in order to render child support payments or unemployment benefits exempt from levy to pay a debt. Representative Gray explained the effect of the bill and discussed its need. Representative Gonzales-Gutierrez provided additional input on the bill.

03:00:54 PM  
Joseph Murr, representing Murr, Siler, and Accomazzo PC, testified in opposition to SB 22-086. Mr. Murr responded to questions regarding the value of homes in certain jurisdictions and how a lien on a home would be handled under the bill.
03:11:37 PM  
Karen Cody-Hopkins, representing herself, testified in support of SB 22-086. Ms. Cody-Hopkins responded to questions regarding the definition of "dwelling" in the bill, and how the homestead exemption works in bankruptcy, including medical bankruptcy.
03:21:34 PM  

Martha Fulford, representing the Department of Law, testified in support of SB 22-086. Jose Vasquez, representing Colorado Legal Services, testified on the bill from a neutral position. Arthur Scott, representing himself, testified in support of the bill. Mr. Scott responded to questions regarding the circumstances surrounding the bankruptcy of his business.

03:35:51 PM  
Jandrea Glenn, representing herself, testified in support of SB 22-086.

James Colby, representing himself, testified in support of the bill.

Jeanette Hensley, representing the Colorado Center on Aging, testified in support of the bill.

03:45:18 PM  
Randy Ship, representing himself, testified on SB 22-086 from an "amend" perspective.

Hope Stonner, representing the Colorado Consumer Health Initiative, testified in support of the bill.

Matthew Belle, representing himself, testified in support of the bill.

Don Bell, representing himself, testified in support of the bill.

Mr. Bell responded to questions regarding bankruptcy. Mr. Belle responded to questions regarding the potential for lenders to curtail lending to young persons should the homestead exemption increase.

Mr. Ship made additional comments about homeowner equity. Mr. Bell responded to questions regarding the history of the homestead exemption.

04:01:07 PM  
Guy Humphries, representing himself, testified in support of SB 22-086.

Tara Salinas, representing herself, testified in support of the bill.

04:09:20 PM  
No amendments were offered to SB 22-086. Representatives Gonzales-Gutierrez and Gray provided closing remarks in support of the bill. Various committee members provided their positions on the bill.


04:18:09 PM
Motion Refer Senate Bill 22-086 to the Committee of the Whole.
Moved Tipper
Seconded Bacon
Bacon Yes
Benavidez Yes
Bockenfeld No
Carver No
Daugherty Yes
Luck No
Lynch No
Roberts Yes
Woodrow Yes
Tipper Yes
Weissman Yes
Final YES: 7   NO: 4   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB22-023 - Amended, referred to House Appropriations

04:18:20 PM  

Representative Bacon and Gonzales-Gutierrez, prime sponsors, presented Senate Bill 22-023, concerning prohibiting deceptive tactics during custodial interrogation of a juvenile. Representative Bacon explained the effect of the bill and discussed its need. Representative Gonzales-Gutierrez provided additional input on the bill, and explained the effect of amendments to the bill adopted in the Senate. Discussion ensued regarding the use of deception by the police when interviewing a juvenile to save a person's life, and the type of evidence that would overcome the presumption of admissability under the bill.

04:35:38 PM  

Tristan Gorman, representing the Colorado Criminal Defense Bar, testified in support of SB 22-023. Ms. Gorman responded to questions regarding other states that have passed legislation similar to the bill, and a scenario where the police uses deception with a juvenile to save a person's life. Ms. Gorman responded to questions regarding the types of scenarios where law enforcement would want to use deception with a juvenile.

04:49:37 PM  
Robert Axmacher, representing the Colorado District Attorneys' Council and the Eighth Judicial District, testified in opposition to SB 22-023.

Heidi McCollum, representing the Fifth Judicial District, testified in opposition to the bill.

Del Kleinschmidt, representing the Jefferson County Sheriff's Office, testified in opposition to the bill.

Chris Noeller, representing the Pueblo Police Department and the Colorado Association of Chiefs of Police, testified on the bill from an "amend" position.

Randy McNitt, representing the Lakewood Police Department and the Colorado Association of Chiefs of Police, testified on the bill from an "amend" position.

Mr. Kleinschmidt responded to questions regarding whether a confession was voluntary in a scenario he referenced, and policies at his department for interrogating juveniles. He responded to further questions regarding what would change if SB 22-023 were to pass. Discussion ensued regarding what is to be gained by removing deception as a tool in interrogating juveniles, and the utility of deception when interrogating juveniles. Mr. Noeller responded to questions regarding the presence of a parent as a safeguard during juvenile interrogation.

05:33:36 PM  
Apryl Alexander, representing herself, testified in support of SB 22-023.

James Trainum, representing himself, testified in support of the bill.

Discussion ensued regarding data associated with the use of deception in interrogation. Mr. Trainum responded to questions regarding the Reid Technique for interrogation, and the potential for amending the bill to allow law enforcement agencies to create certain interrogation policies. Dr. Alexander responded to questions regarding overrepresentation of certain demographic groups in custodial interrogations.

05:54:11 PM  

Michael Dougherty, representing himself, made himself available to answer questions on SB 22-023. Mr. Dougherty expressed certain concerns.  He responded to questions regarding the impacts on prosecution of passing the bill, and the definition of "deception" in the bill.

06:05:55 PM  

Amber Doggett, representing herself, testified in support of SB 22-023. Ms. Doggett responded to questions regarding why the police were convinced of their position when they interrogated her. Lorenzo Montoya, representing himself, testified in support of the bill. Jane Fisher-Byrialsen, representing herself, testified in support of the bill. Ms. Fisher-Byrialsen responded to questions regarding her opinion of the bill as-is as compared to amending it to strengthen it.

06:19:11 PM  
Nicole Duncan, representing herself, testified in support of SB 22-023.

Anne-Marie Moyes, representing the Korey Wise Innocence Project, testified in support of the bill.

Joyce Akhahenda, representing the Sam Cary Bar Association, testified in support of the bill.

06:33:41 PM  
Charles Hubbard, representing himself, testified in support of SB 22-023.

Ann Roan, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Roan responded to questions regarding how the bill will be an improvement over a judge's determination that an interrogation is inadmissible as evidence.

06:46:48 PM  

Representative Bacon explained the effect of amendment L.019 (Attachment A). Representative Carver explained the effect of amendment L.020 (Attachment B). Discussion ensued regarding the merits of these amendments.



06:55:03 PM
Motion Adopt amendment L.020
Moved Carver
Seconded Luck
Bacon No
Benavidez No
Bockenfeld Yes
Carver Yes
Daugherty No
Luck Yes
Lynch Yes
Roberts Yes
Woodrow No
Tipper No
Weissman No
YES: 5   NO: 6   EXC: 0   ABS:  0   FINAL ACTION:  FAIL


06:55:28 PM
Motion Adopt amendment L.019
Moved Bacon
Seconded Weissman
Bacon
Benavidez
Bockenfeld
Carver
Daugherty
Luck
Lynch
Roberts
Woodrow
Tipper
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
06:55:30 PM  
Representatives Gonzales-Gutierrez and Bacon provided closing remarks in support of SB 22-023. Various committee members provided their positions on the bill.


07:21:53 PM
Motion Refer Senate Bill 22-023, as amended, to the Committee on Appropriations.
Moved Bacon
Seconded Tipper
Bacon Yes
Benavidez Yes
Bockenfeld No
Carver No
Daugherty Yes
Luck No
Lynch No
Roberts No
Woodrow Yes
Tipper Yes
Weissman Yes
Final YES: 6   NO: 5   EXC: 0   ABS:  0   FINAL ACTION:  PASS


07:22:10 PM   The committee adjourned.