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S_JUD_2021A 05/24/2021 11:52:05 AM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON JUDICIARY
Date 05/24/2021
Attendance
Cooke X
Gardner X
Rodriguez *
Gonzales X
Lee X
Time 11:52:05 AM to 03:08:10 PM
Place SCR 352
This Meeting was called to order by Lee
This Report was prepared by Juliann Jenson
Hearing Items Action Taken
SB21-031 Postponed Indefinitely
HB21-1251 Amended, referred to Senate Appropriations

SB21-031 - Postponed Indefinitely


11:56:00 AM  
Senator Bridges recapped the Senate Judiciary
hearing from May 20, 2021,  on Senate Bill 21-031, concerning limits
on governmental actions related to lawful protests.  He noted that
the ACLU and law enforcement agreed to work together on this topic without
need for legislation and asked that the bill be postponed indefinitely.
 


 



11:57:33 AM
Motion Postpone Senate Bill 21-031 indefinitely.
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



HB21-1251 - Amended, referred to Senate Appropriations

11:57:44 AM  

Senators Fields and Gonzales, co-prime sponsors, explained House Bill 21-1251 concerning the appropriate use of ketamine upon a person in a prehospital setting.  They discussed the need for the bill and answered questions about weight assessment, training, excited delirium, and the definition of justifiable medical emergency. 

 

 

12:12:39 PM  

Committee members further inquired about law enforcement and the differences between providing information and unduly influencing, as defined in the bill.  Further discussion ensued about de-escalation. 

 

 

12:22:42 PM  

Mr. Randy Kuykendall, representing Co. Dept. of Public Health, made himself available to answer committee questions. He responded to questions about standards, training, and weight estimations.

 

Ms. Kimberly Fear, representing Co. Dept. of Public Health, was available to answer committee questions about the fiscal impact of the bill. 

12:35:45 PM  

Dr. Jeff Beckman, representing CDPHE, was available to answer committee questions.

 

Mr. Ronald Sloan, representing Colorado Association of Chiefs of Police, testified in opposition to the bill.  He answered committee questions about ketamine, duty to intervene, de-escalation, and levying criminal sanctions on law enforcement officers. 

12:49:32 PM  

Committee discussion continued about undue influence and free speech. 

Fire Chief Don Lombardi, representing Colorado State Fire Chiefs, testified in opposition to the bill. He answered questions about communication between law enforcement and fire fighters, ketamine, standing orders, undue influence, and other weight-based medications. 

 

 

01:06:01 PM  

Anita Springsteen, representing self, testified to amend the bill.  She answered questions about dosage. 

 

Mr. Mack Thompson, representing Denver Health, testified to amend the bill. He answered questions about administering ketamine.

 

 

01:15:22 PM  

Ms. Yolanda Amezcua, representing Denver Health, testified to amend the bill. She discussed training and standards and responded to questions about ketamine use in the field. 

Jeremiah Axtell, representing self, testified to amend the bill.

Dr. Kevin McVaney, representing Denver Health, testified to amend the bill.  He answered questions about pre-hospital agitation, sedation, excited delirium, alternatives to ketamine, and emergency care systems.  He also discussed a white paper on the topic and answered questions about it. 

 

 

01:39:15 PM  

Committee discussion followed about dosage and ketamine use outside of hospital settings. 

01:59:40 PM  

Mrs. Theresa Dougherty, representing self, testified to amend the bill.

Mr David Hagan, representing self, testified to amend the bill.

02:08:20 PM  

Chief Gary Bryskiewicz, representing Denver Health, testified to amend the bill.  He answered questions about excited delirium and subduing patients. 

 

 

02:21:28 PM  

Mongo Frank Sturgell, representing self, testified in support of the bill.

02:29:02 PM  

Sheriff Tyler Brown, representing the Arapahoe County Sheriff's Office, testified to amend the bill.

 

Written testimony about House Bill 21-1251 can be found in Attachment A. 

02:40:13 PM  

Senator Gonzales distributed and introduced Amendment L. 036 (Attachment B) regarding verbal orders.



02:40:59 PM
Motion Adopt amendment L.036 (Attachment B)
Moved Gonzales
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
02:41:01 PM  

Senator Gonzales distributed and explained Amendment L.037 (Attachment C) about reports and appointments. 



02:42:09 PM
Motion Adopt amendment L.037 (Attachment C)
Moved Gonzales
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
02:44:06 PM  

Senator Gardner distributed Amendment L.031 (Attachment D).  Shelby Ross, Office of Legislative Legal Services, explained that the amendment makes technical changes. 

The bill sponsors agreed to discuss the proposed changes with stakeholders, and Senator Gardner withdrew his motion. 



02:48:52 PM
Motion Adopt amendment L.031 (Attachment D)
Moved Gardner
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Withdrawn
02:49:17 PM  

Senator Gardner distributed and discussed Amendments L. 032 and L.033 (Attachments E and F) but withdrew them before a motion was made.  

02:50:02 PM  

Senator Gardner distributed and explained Amendent L. 034 (Attachment G) about undue influence.



02:53:29 PM
Motion Adopt amendment L.034 (Attachment G)
Moved Gardner
Seconded
Cooke Yes
Gardner Yes
Rodriguez No
Gonzales No
Lee No
YES: 2   NO: 3   EXC: 0   ABS:  0   FINAL ACTION:  FAIL
02:53:31 PM  

Senator Gardner distributed and explained Amendment L.035 (Attachment H) about POST requirements. 

Discussion followed about conflicts with House Bill 21-1250, measures to address law enforcement accountability. 

 



02:57:55 PM
Motion Adopt amendment L.035 (Attachment H)
Moved Gardner
Seconded
Cooke Yes
Gardner Yes
Rodriguez No
Gonzales No
Lee No
YES: 2   NO: 3   EXC: 0   ABS:  0   FINAL ACTION:  FAIL
02:57:57 PM  

Committee members discussed reasons for supporting or opposing the bill. 

The bill sponsors made closing remarks. 

 

 



03:08:01 PM
Motion Refer House Bill 21-1251, 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


03:08:10 PM   The committee adjourned.






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