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S_JUD_2021A 04/22/2021 01:31:26 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON JUDICIARY
Date 04/22/2021
Attendance
Cooke X
Gardner X
Rodriguez X
Gonzales *
Lee X
Time 01:31:26 PM to 05:08:11 PM
Place SCR 352
This Meeting was called to order by Lee
This Report was prepared by Juliann Jenson
Hearing Items Action Taken
HB21-1143 Referred to the Committee of the Whole - Consent Calendar
SB21-193 Amended, referred to Senate Appropriations
HB21-1090 Referred to the Committee of the Whole

HB21-1143 - Referred to the Committee of the Whole - Consent Calendar


01:34:01 PM  

Senator Danielson,bill sponsor, explained HB21-1143, concerning forensic medical evidence of sexual account.  Senator Danielson discussed rape kits, evidence, tracking, and survivor notifications.  She walked the committee through the bill and answered questions about reports to law enforcement. 

01:39:14 PM  

Lisa Ingarfield, representing CCASA, testified in support of the bill.  She discussed gender-based violence and the criminal justice system and stressed the importance of keeping survivors informed.  She answered questions about the ways to report a sexual assault. 

01:46:18 PM  

Ilse Knecht, representing Joyful Heart Foundation, testified in support of the bill. She discussed sexual assault trauma sexual and survivor case updates.

 

Mrs. Joanne Schwartz, representing self, testified in support of the bill. She discussed rape kit reforms. 

01:52:41 PM  

Alison Connaughty, representing Colorado Women's Bar Association, testified in support of the bill. She discussed resources, victim services, and preservation of evidence. 

 

Flannery Houston, representing self, testified in support of the bill.  She discussed access to justice and protections. 

01:59:58 PM  

Ms. Caitlin Ryan, representing Rise, testified in support of the bill. She discussed access to justice and improving conditions for survivors. 

 

Mr. Cameron Marsh, representing Rise, testified in support of the bill.  He dicussed the critical role of men as allies and access to justice. 

 

Written testimony about the bill is in Attachment A. 

02:06:51 PM  

Senator Danielson made closing remarks.



02:09:15 PM
Motion Refer House Bill 21-1143 to the Committee of the Whole and with a recommendation that it be placed on the consent calendar.
Moved Gonzales
Seconded
Cooke Yes
Gardner Yes
Rodriguez Yes
Gonzales Yes
Lee Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB21-193 - Amended, referred to Senate Appropriations


02:09:58 PM  

Senator Buckner, bill sponsor, explained SB21-193, concerning protections for pregnant people during the perinatal period.  She discussed the bill's origin, perinatal care for people of color, income inequality, and incarcerated pregnant women. 

 

She distributed the following handouts: 

  • Understanding Maternal Deaths in Colorado:  An Analysis of Mortality from 2008- 2013 (Attachment B);
  • Maternal Mortality in Colorado, 2014-2016 (Attachment C);
  • Impact of Place of Birth on Mistreatment (Attachment D); and,
  • Diverse Colorado Voices, Community-Based Solutions for the Perinatal Period (Attachment E)

 

Committee members asked questions about the bill as it relates to health facilities. 

 

02:26:50 PM  

Committee discussion followed about changes the bill makes to advanced directives, and its application to correctional facilities and jails. 

02:32:26 PM  

The Chair acknowledged submitted written testimony (Attachment F).  

 

Mx. Indra Lusero, representing Elephant Circle, testified in support of the bill. They discussed health care cost disparities, standards for pregnant people being held in facilities, birthing rights, malpractice, advanced directives, and the Colorado Criminal Rights Division. 

 

Further discussion ensued about advanced directives, as outlined in the bill. 

 

02:41:29 PM  

Elisabeth Epps, representing Colorado Freedom Fund, testified in support of the bill. She discussed incarcerated pregnant women, creating a standard of care, and child and mother bonding opportunities. 

 

Katherine Riley, representing Colorado Organization for Latina Opportunity and Reproductive Rights (COLOR), testified in support of the bill. She discussed informed consent. 

02:50:32 PM  

Lizzy Hinkley, representing ACLU of Colorado, testified in support of the bill. She discussed advanced directives.

 

Vita Malama, representing Elephant Circle, testified in support of the bill. She discussed human rights and giving birth with dignity.

 

Ms Nelia Borden, representing self, testified in support of the bill. She relayed a personal child birth experience.

03:00:24 PM  

Kayla Frawley, representing Clayton Early Learning and Raise Colorado, testified in support of the bill.  She discussed systemic racism, post-partum support, and a human rights framework to maternity care. 

 

Ms. Amber Minogue, representing Elephant Circle, testified in support of the bill.

 

Chantal Rukundo-Karaara, representing self, testified in support of the bill. She discussed inequities in perinatal care.

03:14:19 PM  

Christina Yebuah, representing Colorado Center on Law and Policy, testified in support of the bill.

Ms. Andrea Stojsavljevic, representing Healthier Colorado, testified in support of the bill. She discussed standards of care while incarcerated.

Ms. Jen Anderson-Tarver, representing Elephant Circle, testified in support of the bill.  She discussed hospital transfer patients and fair and equitable health care treatment.

Committee members asked questions about establishing relationships with hospitals. 

 

03:26:46 PM  

Mrs Holly Cheng, representing self, testified in support of the bill.

 

Mr. Matthew La Crue, representing County Sheriffs of Colorado, testified to amend the bill. He discussed the incarceration component of the bill and answered questions from the committee.

 

Lisa Ward, representing Denver Health, answered questions about jail staffing.  She discussed the secure unit and correctional care wing at Denver Health. 

03:39:17 PM  

Dr. Thomas Perille, representing Democrats for Life, testified to amend the bill. He distributed a copy of his testimony (Attachment G) and expressed concerns about the advanced directive provisions in the bill. 

 

Committee members asked questions about advanced directives and its application to pregnant women, as outlined in the bill. 

03:51:07 PM  

Mx. Lucero rejoined the conversation about advanced directives. 

 

Committee discussion ensued about advanced directives for pregnant women. 

 

 

04:01:55 PM  

The discussion about advanced directives in the bill continued. 

04:11:07 PM  

The committee took a brief recess.

 

Buckner distributed and explained explained Amendment L. 001 (Attachment H) regarding the bill's title.



04:29:45 PM
Motion Adopt amendment L.001 (Attachment H)
Moved Gonzales
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
04:30:01 PM  

Senator Buckner explained and distributed Amendment L. 002 (Attachment I) regarding sheriff responsibility. 



04:31:20 PM
Motion Adopt amendment L.002 (Attachment I)
Moved Gonzales
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
04:31:42 PM  

Senator Buckner explained and distributed Amendment L. 004 (Attachment J) regarding statute of limitations. 

 

 



04:32:31 PM
Motion Adopt amendment L.004 (Attachment J)
Moved Gonzales
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
04:32:54 PM  

Senator Buckner explained and distributed Amendment L. 007 (Attachment K) that addresses concerns raised by county sheriffs. 



04:33:26 PM
Motion Adopt amendment L.007 (Attachment K)
Moved Gonzales
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
04:33:44 PM  

Senator Buckner explained and distributed Amendment L. 008 (Attachment L) regarding incarcerated patients at Denver Health.

 

 



04:34:40 PM
Motion Adopt amendment L.008 (Attachment L)
Moved Gonzales
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
04:35:18 PM  

Committee members raised concerns that the advanced directive provisions in the bill may not have the intended outcome. 

 

Senator Buckner made closing remarks and expressed her willingness to keep working on the bill as it makes its way through the legislative process. 



04:42:05 PM
Motion Refer Senate Bill 21-193, as amended, to the Committee on Appropriations.
Moved Gonzales
Seconded
Cooke No
Gardner No
Rodriguez Yes
Gonzales Yes
Lee Yes
Final YES: 3   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB21-1090 - Referred to the Committee of the Whole


04:42:19 PM  

Senator Gonzales, bill sponsor, explained House Bill 21-1090, concerning certain criminal marijuana offenses.  She discussed the merits of the bill, law enforcement interactions and record sealing.  She answered questions from the committee about law enforcement and people of color.  

04:47:18 PM  

Jason Adelstone, representing Vicente Sederberg, testified in support of the bill. He discussed the benefits of record sealing for small amounts of marijuana. 

 

Committee members asked questions about strict liability. 

 

 

04:51:28 PM  

Michael Diaz-Rivera, representing self, testified in support of the bill. He discussed small marijuana charges and disruption to employment, housing, and other stability factors. 

 

Tristian Gorman, representing Colorado Criminal Defense Bar, testified in support of the bill.  She discussed the bill's application to petty drug offenses of less than two ounces of marijuana and record sealing. 

 

Committee members asked questions about strict liability and minors in possession. 

 

 

05:04:39 PM  

Committee members asked questions about other drug crimes that have been changed over the years. 

 

Written testimony about the bill is in Attachment M. 

05:07:02 PM  

Senator Gonzales made closing remarks. 



05:08:03 PM
Motion Refer House Bill 21-1090 to the Committee of the Whole.
Moved Gonzales
Seconded
Cooke No
Gardner No
Rodriguez Yes
Gonzales Yes
Lee Yes
Final YES: 3   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS


05:08:11 PM   The committee adjourned.






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