Skip to main content
Colorado General AssemblyToggle Main Menu
Agency NameToggle Agency Menu

S_JUD_2018A 03/19/2018 01:38:22 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON JUDICIARY
Date 03/19/2018
Attendance
Coram X
Fields X
Kagan X
Cooke X
Gardner X
Time 01:38:22 PM to 03:15:40 PM
Place SCR 352
This Meeting was called to order by Gardner
This Report was prepared by Juliann Jenson
Hearing Items Action Taken
HB18-1078 Amended, referred to the Committee of the Whole - Consent Calendar
HB18-1253 Referred to Senate Legal Services
SB18-185 Referred to the Committee of the Whole

HB18-1078 - Amended, referred to the Committee of the Whole - Consent Calendar


01:38:58 PM  

Senator Gardner explained HB18-1078, concerning court programs for defendants who have served in the armed forces.

Senator Gardner presented and distributed Amendment L. 008 (Attachment A).  He reported that the bill was amended in the House regarding the sealing of records, and L. 008 makes further clarifications.

01:43:31 PM  

Dick Young, representing the United Veterans Committee, spoke in support of the bill.  He explained the bill's efficiencies and cost savings. 

01:50:24 PM  

Duane France, representing the Family Care Center, testified in favor of the bill.  He discussed the mental health impacts of combat and the benefits of the veteran's court. 

 

 



01:54:20 PM
Motion Adopt amendment L.008
Moved Gardner
Seconded
Coram
Fields
Kagan
Cooke
Gardner
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


01:55:00 PM
Motion Refer House Bill 18-1078, as amended, to the Committee of the Whole and with a recommendation that it be placed on the consent calendar.
Moved Gardner
Seconded
Coram Yes
Fields Yes
Kagan Yes
Cooke Yes
Gardner Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB18-1253 - Referred to Senate Legal Services


01:57:03 PM  

Senator Gardner explained HB18-1253, regarding the legislative review of state agency rules.  He reported that the bill was mistakenly assigned to Senate Judiciary and needs to be referred to Senate Legal Services instead.



01:57:05 PM
Motion Refer House Bill 18-1253 to the Committee on Legal Services.
Moved Gardner
Seconded
Coram Yes
Fields Yes
Kagan Yes
Cooke Yes
Gardner Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB18-185 - Referred to the Committee of the Whole


01:57:10 PM  

Senator Smallwood explained SB18-185, concerning the use of deadly physical force against a person who has made an illegal entry into a place of business.  He discussed the history of the bill and emphasized that it adds a place of business to the locations that may be defended using physical force in certain circumstances.  Existing law allows for occupants of a home or dwelling to use deadly force.  He provided examples of being alone and unprotected in a business setting and the bill's applicability.

Senator Smallwood answered question from the committee about determining intent to commit a crime and defining physical force.   The committee discussed the various circumstances in which the bill would apply, and who the bill would target.  Concerns were raised about the deadly force provisions being used more widely against people of color  Discussion followed about the adequacy and application of current law.  Points were raised that the bill is a policy shift regarding immunity and liability. 

02:28:51 PM  

Jean Grattet, representing the League of Women Voters, spoke in opposition to the bill.  She relayed that the bill was over-reaching and expressed concerns about its misapplication.  She also spoke about the bill's immunity provisions.  Discussion followed about similar bills in other states. 

02:37:30 PM  

Steve Schreiner, representing the Firearms Coalition of Colorado, spoke in support of the bill. He distributed a handout in support of business protection laws (Attachment B).  He discussed the application of the "smile test" and answered questions about demographics and race.

02:44:43 PM  

Eileen McCarron, representing Colorado Ceasefire, testifed in opposition to the bill.  She explained the bill's 12 year history in the General Assembly and the reasons it has not passed in previous sessions.  

The committee discussed unlawful entry as the foundation to use deadly force, racial disparity, and applicability in a business scenario. 

02:54:36 PM  

Mary Parker, representing herself, spoke in opposition to the bill.  She explained that she is a business owner who has witnessed many entry mistakes.  She also discussed her issues with the immunity provisions.  She lastly brought up those on the receiving end, the potential for mistakes, and missing the intended target. 

 

03:04:20 PM  

Senator Smallwood made closing remarks.  He emphasized that the bill simply adds a place of business to the locations that may be defended using deadly physical force and clarified existing law on defending one's home.



03:14:29 PM
Motion Refer Senate Bill 18-185 to the Committee of the Whole.
Moved Cooke
Seconded
Coram Yes
Fields No
Kagan No
Cooke Yes
Gardner Yes
Final YES: 3   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS


03:15:40 PM   Committee Adjourned






Colorado legislature email addresses ending in @state.co.us are no longer active. Please replace @state.co.us with @coleg.gov for Colorado legislature email addresses.  Details