S_JUD_2021A 05/12/2021 02:48:48 PM Committee Summary PUBLICSTAFF SUMMARY OF MEETINGSENATE COMMITTEE ON JUDICIARY Date 05/12/2021 Attendance Cooke X Gardner X Rodriguez X Gonzales X Lee X Time 02:48:48 PM to 04:27:05 PM Place SCR 352 This Meeting was called to order by Lee This Report was prepared by Juliann Jenson Hearing Items Action Taken hHB21-1142 Amended, referred to the Committee of the Whole - Consent Calendar hHB21-1064 Referred to Senate Appropriations hSB21-266 Referred to the Committee of the Whole - Consent Calendar HB21-1142 - Amended, referred to the Committee of the Whole - Consent Calendar Attachment Tag File Name Attachment http://www2.leg.state.co.us/CLICS/CLICS2021A/commsumm.nsf/0/83DD6878341B...$File/210512 AttachA.pdf?OpenElement 210512 AttachA.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2021A/commsumm.nsf/0/B3FBA2D32AEA...$File/210512 AttachB.pdf?OpenElement 210512 AttachB.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2021A/commsumm.nsf/0/CF3B9670606D...$File/210512 AttachC.pdf?OpenElement 210512 AttachC.pdf 02:49:00 PM Senator Gonzales, bill sponsor, explained House Bill 21-1142, concerning measures related to eyewitness identification techniques, and, in connection therewith, requiring reporting data related to eyewitness techniques and regulating the use of showup identifications. She discussed best practices, policies, and standardization and distributed a packet of material about showup identifications (Attachment A). Senator Gonzales distributed Amendments L.009 (Attachment B) and L.010 (Attachment C). 02:54:29 PM Sharon Battle, representing Together Colorado, testified in support of the bill. Charles Battle II, representing Together Colorado, testified in support of the bill. Timothy Lane, representing CDAC, testified to amend the bill. 03:07:38 PM Committee memers asked questions about showups and admissibility in court. Further questions were raised about transporting witnesses in small jurisdictions. Discussion followed about probable cause and investigatory stops. 03:21:20 PM Ms Marilynn Ackermann, representing Together Colorado/Showup Identification Regulation, testified in support of the bill. Ms. Amelia Power, representing self, testified in support of the bill. Jeff Riester, representing Department of Law, testified in support of the bill. 03:32:39 PM Committee members asked questions about the stakeholder process. Beth McCann, representing self, testified in support of the bill. Mr. Ron Sloan, representing Colorado Assn. of Chiefs of Police, testified in support of the bill. 03:42:19 PM Committee members asked questions about the bill's application to small law enforcement agencies. 03:45:11 PM Senator Gonzales explained Amendment L 009 (Attachment B) regarding lighting and unobstructed views. 03:46:05 PM Motion Adopt amendment L.009 (Attachment B) Moved Gonzales Seconded Cooke Gardner Rodriguez Gonzales Lee YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 03:46:23 PM Senator Gonzales explained Amendment L. 010 (Attachment C) regarding admissibility in court. 03:47:00 PM Motion Adopt amendment L.010 (Attachment C) Moved Gonzales Seconded Cooke Gardner Rodriguez Gonzales Lee YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 03:48:12 PM Senator Gonzales made a conceptual amendment to the bill on page 8, line 14, to strike the word "were" and substitute "shall be". 03:48:45 PM Motion This is a conceptual amendment Moved Gonzales Seconded Cooke Gardner Rodriguez Gonzales Lee YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 03:49:19 PM Senator Gonzales made closing remarks 03:50:19 PM Motion Refer House Bill 21-1142, as amended, 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 HB21-1064 - Referred to Senate Appropriations 03:50:33 PM Senator Rodriguez, bill sponsor, explained House Bill 21-1064, concerning the implementation of recommendations from the legislative oversight committee concerning the treatment of persons with mental health disorders in the criminal and juvenile justice systems (MHDCJS) regarding juveniles who have commited sex offenses. He discussed how the bills makes some corrections and clean-ups to the juvenile sex offender registry. 03:52:28 PM Amanda Gall, representing First Judicial District Attorney Alexis King/Colorado District Attorneys' Council, testified in support of the bill. Ms. Maureen Cain, representing Office of the State Public Defender & Colorado Criminal Defense Bar, testified in support of the bill. Committee members asked questions about lifetime registration, risk, patterns of conduct, victim input, and out-of-state transfers. 04:03:27 PM Elise Logemann, representing ACLU of Colorado, testified in support of the bill. Committee discussion followed about the effectiveness of the registry and juvenile sex offenders. 04:11:17 PM Timothy Lane, representing Taskforce on the Treatment of Persons with Mental Health Disorders in the Criminal and Juvenile Justice Systems, testified in support of the bill. He discussed the research and stakeholder process. Ms. Emma Mclean-Riggs, representing ACLU of Colorado, testified in support of the bill. 04:20:48 PM Senator Rodriguez closing remarks. 04:22:44 PM Motion Refer House Bill 21-1064 to the Committee on Appropriations. Moved Rodriguez Seconded Cooke Yes Gardner Yes Rodriguez Yes Gonzales Yes Lee Yes Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS SB21-266 - Referred to the Committee of the Whole - Consent Calendar 04:23:12 PM Senators Gardner and Lee, co-prime sponsors, explained Senate Bill 21-266, concerning the nonsubstantive revision of statutes in the Colorado Revised Statutes, as amended, and, in connection therewith, amending or repealing obsolete, imperfect, and inoperative law to preserve the legislative intent, effect, and meaning of the law. 04:24:58 PM The bill sponsors thanked the bill drafters and made closing remarks. 04:26:01 PM Motion Refer Senate Bill 21-266 to the Committee of the Whole and with a recommendation that it be placed on the consent calendar. Moved Gardner Seconded Cooke Yes Gardner Yes Rodriguez Yes Gonzales Yes Lee Yes Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS 04:27:05 PM The committee adjourned.