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H_JUD_2023A 04/27/2023 04:42:37 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON JUDICIARY
Date 04/27/2023
Attendance
Armagost X
Daugherty X
Epps X
Evans X
Garcia X
Luck *
Marshall X
Sharbini X
Snyder *
Soper *
Woodrow *
Bacon X
Weissman *
Time 04:42:37 PM to 12:26:29 AM
Place Old State Library
This Meeting was called to order by Weissman
This Report was prepared by Dan Graeve
Hearing Items Action Taken
SB23-024 Postponed Indefinitely
SB23-034 Amended, referred to the Committee of the Whole
SB23-257 Referred to House Appropriations
SB23-097 Amended, referred to House Appropriations
SB23-254 Referred to the Committee of the Whole

SB23-024 - Postponed Indefinitely


04:43:08 PM  
Representative Pugliese
presented Senate Bill 23-024 to the committee. The bill allows individuals
to challenge a court order issued during a dependency and neglect proceeding
on first amendment grounds.
04:45:36 PM  
The bill sponsor responded to questions from the committee.
04:52:48 PM  
Ms. Melanie Jordan, representing the Office of Respondent Parents' Counsel, testified in support of the bill.
04:53:00 PM  
Ashley Chase, representing
the Office of the Child's Representative, testified in opposition to the
bill.
04:58:31 PM  
Ms. Suzanne Taheri,
representing herself, testified in support of the bill.
04:58:49 PM  
Ms. Maralee Mclean, representing Moms Fight Back, testified in support of the bill.
05:10:32 PM  
Ms. Taheri and Ms.
Chase responded to questions from the committee.

05:11:41 PM  
Witness and committee
discussion continued.
05:27:04 PM  
The bill sponsor and committee members provided final comments on the bill.


05:34:19 PM
Motion Refer Senate Bill 23-024 to the Committee of the Whole.
Moved Evans
Seconded Armagost
Armagost Yes
Daugherty No
Epps No
Evans Yes
Garcia No
Luck No
Marshall No
Sharbini No
Snyder Yes
Soper Excused
Woodrow No
Bacon No
Weissman No
YES: 3   NO: 9   EXC: 1   ABS:  0   FINAL ACTION:  FAIL


05:34:46 PM
Motion Postpone Senate Bill 23-024 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.
Moved Weissman
Seconded Sharbini
Armagost No
Daugherty Yes
Epps Yes
Evans No
Garcia Yes
Luck Yes
Marshall Yes
Sharbini Yes
Snyder No
Soper Excused
Woodrow Yes
Bacon Yes
Weissman Yes
Final YES: 9   NO: 3   EXC: 1   ABS:  0   FINAL ACTION:  PASS



SB23-034 - Amended, referred to the Committee of the Whole

05:35:08 PM  
Representatives Evans and McLachlan presented Senate bill 23-034 to the committee. The bill amends the definition of “serious bodily injury.”
05:39:30 PM  
Bill sponsors responded to questions from the committee.
05:51:56 PM  
Committee discussion
continued.
06:10:04 PM  
Committee discussion
continued.
06:19:11 PM  
Mr. James Karbach,
representing the Colorado State Public Defender, testified in opposition
to the bill.
06:21:59 PM  
Mr. David Kaplan, representing the Colorado State Public defender, testified in opposition to the bill.
06:24:34 PM  
Mr. Karbach and Mr.
Kaplan responded to questions from the committee.
06:36:01 PM  
Mr. Arnold Hanuman,
representing Colorado District Attorneys' Council testified in support
of the bill.
06:40:37 PM  
Ms. Catrina Weigel, representing the 20th Judicial District Attorney's Office, testified in support of the bill.
06:41:33 PM  
Chief Dave Hayes,
representing the Colorado Association of Chiefs of Police - Estes Park
Police Department, testified in support of the bill.
06:43:59 PM  
District Attorney Travis Sides, representing the 13th Judicial District, testified in support of the bill.
06:46:18 PM  
Courtney Sutton, representing the Colorado Organization for Victim Assistance, testified in support of the bill.
06:51:51 PM  
Mr. Hanuman provided printed materials to the committee that can be found in Attachment A.
06:52:28 PM  
Witnesses responded to questions from the committee.
07:02:15 PM  
Witness and committee discussion continued.
07:04:40 PM  
District Attorney Gordon McLaughlin, representing the Colorado District Attorneys Council, testified in support of the bill.
07:12:42 PM  
Mr. Grant Fevurly,
representing the Department of Law, answered committee questions.

07:13:16 PM  
Joe Michaels, representing
the Department of Law, answered committee questions.

07:15:15 PM  
The committee took
a recess.
07:23:49 PM  
The committee came
back to order.
07:24:11 PM  
Representative Evans introduced amendment L.006 to the committee (Attachment B).
07:28:00 PM  
Representative Marshall
introduced amendment L.004 as a substitute amendment to L.006 (Attachment
C).


07:31:19 PM
Motion Adopt amendment L.004
Moved Marshall
Seconded Bacon
Armagost No
Daugherty No
Epps Yes
Evans No
Garcia No
Luck No
Marshall Yes
Sharbini No
Snyder No
Soper No
Woodrow Yes
Bacon Yes
Weissman No
YES: 4   NO: 9   EXC: 0   ABS:  0   FINAL ACTION:  FAIL
07:32:19 PM  
Committee discussion continued regarding amendment L.006.


07:36:53 PM
Motion Adopt amendment L.006
Moved Evans
Seconded Snyder
Armagost Yes
Daugherty No
Epps Yes
Evans Yes
Garcia No
Luck Yes
Marshall Yes
Sharbini No
Snyder Yes
Soper Yes
Woodrow Yes
Bacon No
Weissman No
YES: 8   NO: 5   EXC: 0   ABS:  0   FINAL ACTION:  PASS
07:37:11 PM  
Representative Weissman introduced amendment L.003 to the committee (Attachment D).
07:39:15 PM  
Committee discussion continued.


07:42:02 PM
Motion Adopt amendment L.003
Moved Weissman
Seconded Bacon
Armagost No
Daugherty No
Epps Yes
Evans No
Garcia No
Luck No
Marshall No
Sharbini No
Snyder No
Soper No
Woodrow No
Bacon Yes
Weissman Yes
YES: 3   NO: 10   EXC: 0   ABS:  0   FINAL ACTION:  FAIL
07:42:03 PM  
Committee members provided final comments on the bill.


08:02:20 PM
Motion Refer Senate Bill 23-034, as amended, to the Committee of the Whole.
Moved Evans
Seconded Armagost
Armagost Yes
Daugherty Yes
Epps Yes
Evans Yes
Garcia No
Luck Yes
Marshall No
Sharbini No
Snyder Yes
Soper Yes
Woodrow Yes
Bacon No
Weissman No
Final YES: 8   NO: 5   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB23-257 - Referred to House Appropriations


08:02:48 PM  
Representatives Titone and Bockenfeld presented Senate Bill 23-257 to the committee. The bill transfers $5.0 million to the Auto Theft Prevention Cash Fund to provide funding for programs related to supporting victims of auto theft and supporting technology enhancements.
08:09:59 PM  
Sponsors responded to questions from the committee.
08:12:24 PM  
Lieutenant Colonel Josh Downing, representing the Colorado State Patrol - Colorado Department of Public Safety, testified in support of the bill.
08:15:20 PM  
Executive Director
 Robert Force, representing the Colorado Automobile Theft Prevention
Authority, testified in support of the bill.
08:17:31 PM  
Board Chair Tonia Rumer, representing the Colorado Auto Theft Prevention Authority, testified in support of the bill.
08:21:00 PM  
Witnesses responded to questions from the committee.
08:27:21 PM  
Mr. David Cardella, representing the Colorado Auto Theft Prevention Authority - Board Member, testified in support of the bill.
08:29:51 PM  
Ms. Tonia Jackson,
representing herself, testified in support of the bill.
08:30:17 PM  
Chief Chris Noeller, representing Colorado Association of the Chiefs of Police - Pueblo Police Department, testified in support of the bill.
08:46:47 PM  
Mr. Skyler McKinley, representing AAA - The Auto Club Group, testified in a neutral position on the bill.
08:48:51 PM  
Mike Widhlam, representing
himself, testified in support of the bill.

08:50:10 PM  
Mollie Steinemann, representing the Colorado Municipal League, testified in support of the bill.
08:51:01 PM  
Mrs. Kelly Campbell,
representing the American Property Casualty Insurance Association, testified
in support of the bill.
08:51:20 PM  
Flor Briones, representing
herself, testified in support of the bill.
08:53:06 PM  
Representative Wiessman introduced amendment L.002 to the committee (Attachment E).
09:04:08 PM  
The committee discussed the amendment.


09:08:23 PM
Motion Adopt amendment L.002
Moved Weissman
Seconded Epps
Armagost No
Daugherty No
Epps Yes
Evans No
Garcia Yes
Luck No
Marshall No
Sharbini Yes
Snyder No
Soper No
Woodrow Yes
Bacon Yes
Weissman Yes
YES: 6   NO: 7   EXC: 0   ABS:  0   FINAL ACTION:  FAIL
09:08:36 PM  
The bill sponsors
and committee members provided final comments on the bill.


09:24:16 PM
Motion Refer Senate Bill 23-257 to the Committee on Appropriations.
Moved Armagost
Seconded Evans
Armagost Yes
Daugherty Yes
Epps No
Evans Yes
Garcia No
Luck No
Marshall Yes
Sharbini Yes
Snyder Yes
Soper Yes
Woodrow Yes
Bacon No
Weissman No
Final YES: 8   NO: 5   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB23-097 - Amended, referred to House Appropriations


09:24:25 PM  
Representatives Soper and Bird presented Senate Bill 23-097. The bill modifies and reclassifies motor vehicle theft offenses and creates a new misdemeanor offense for unauthorized use of a motor vehicle.
09:36:14 PM  
The committee took
a recess.
09:44:37 PM  
The committee came
back to order.
10:00:45 PM  
Director Stan Hilkey, representing the Colorado Department of Public Safety, testified in support of the bill.
10:03:06 PM  
Lieutenant Colonel Josh Downing, representing the Colorado State Patrol - Colorado Department of Public Safety, testified in support of the bill.
10:05:16 PM  
Dan Rubinstein, representing
the 21st Judicial District Attorney's Office - Mesa County, testified in
support of the bill.
10:07:30 PM  
Witnesses responded to questions from the committee.
10:20:10 PM  
Committee and witness discussion continued.
10:27:05 PM  
Chief Dave Hayes,
representing the Colorado Association of Chiefs of Police - Estes Park
Police Department, testified in support of the bill.
10:29:43 PM  
Chief Chris Noeller, representing the Colorado Association of Chiefs of Police - Pueblo Police Department, testified in support of the bill.
10:32:24 PM  
Sheriff David Lucero, representing the Pueblo County Sheriff’s Office, County Sheriff’s of Colorado, 10th Judicial District, testified in support of the bill.
10:34:25 PM  
Mr. Mitchell Puraty,
representing the Jefferson County Sheriff's Office and County Sheriffs
of Colorado, testified in support of the bill.
10:37:09 PM  
Witnesses responded to questions from the committee.
10:37:20 PM  
Ms. Tonia Jackson,
representing herself, testified in support of the bill.
10:56:26 PM  
Mike Widhlam, representing
himself, testified in support of the bill.
10:59:16 PM  
Mollie Steinemann,
representing the Colorado Municipal League, testified in support of the
bill.
11:00:08 PM  
David Cardella, representing the Colorado Independent Automobile Dealers Association, testified in support of the bill.
11:02:40 PM  
District Attorney Gordon McLaughlin, representing Colorado District Attorneys Council, testified in support of the bill.
11:02:52 PM  
Ms. Catrina Weigel, representing the District Attorney's Office, 20th Judicial District, testified in support of the bill.
11:05:29 PM  
Witnesses responded to questions from the committee.
11:12:06 PM  
President Portia
Prescott, representing the Rocky Mountain NAACP CO-MT-WY State Conference,
testified in opposition to the bill.

11:15:45 PM  
Mr. Darren O'Connor,
representing himself, testified in opposition to the bill.
11:18:32 PM  
Flor Briones, representing
herself, testified in support of the bill.
11:19:19 PM  
The committee took a recess.
11:26:10 PM  
The committee came back to order.
11:26:21 PM  
Representative Weissman introduced amendment L.003 to the committee (Attachment F).


11:36:29 PM
Motion Adopt amendment L.003
Moved Weissman
Seconded Soper
Armagost Yes
Daugherty Yes
Epps Yes
Evans No
Garcia Yes
Luck Yes
Marshall No
Sharbini Yes
Snyder Yes
Soper Yes
Woodrow Yes
Bacon Yes
Weissman Yes
YES: 11   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS
11:36:31 PM  
Bill sponsors and committee members provided final comments on the bill.


11:54:11 PM
Motion Refer Senate Bill 23-097, as amended, to the Committee on Appropriations.
Moved Soper
Seconded Armagost
Armagost Yes
Daugherty Yes
Epps No
Evans Yes
Garcia Yes
Luck Yes
Marshall Yes
Sharbini No
Snyder Yes
Soper Yes
Woodrow No
Bacon No
Weissman Yes
Final YES: 9   NO: 4   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB23-254 - Referred to the Committee of the Whole


11:54:20 PM  
Representatives Epps and Weissman presented Senate Bill 23-254 to the committee. The bill establishes limitations and requirements for warrants executed by law enforcement officers
12:05:58 AM  
Bill sponsors responded to questions from the committee.
12:06:10 AM  
Chief Dave Hayes,
representing the Colorado Association of Chiefs of Police - Estes Park
Police Department, testified to amend the bill.

12:08:38 AM  
Mr. James Karbach,
representing the Colorado State Public Defender, testified in support of
the bill.
12:09:34 AM  
Timothy Lane, representing the Colorado District Attorneys' Council, answered committee questions.
12:17:25 AM  
The bill sponsors provided final comments on the bill.
12:22:58 AM  
Committee members
provided final comments on the bill.  Written public comments on the
hearing's bills may be found in Attachment G.


12:26:15 AM
Motion Refer Senate Bill 23-254 to the Committee of the Whole.
Moved Epps
Seconded Weissman
Armagost No
Daugherty Yes
Epps Yes
Evans No
Garcia Yes
Luck No
Marshall No
Sharbini Yes
Snyder Yes
Soper Yes
Woodrow Yes
Bacon Yes
Weissman Yes
Final YES: 9   NO: 4   EXC: 0   ABS:  0   FINAL ACTION:  PASS


12:26:29 AM   The committee adjourned.






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