S_JUD_2023A 02/06/2023 01:33:48 PM Committee Summary

Senator Gonzales made opening remarks.

Senator Kirkmeyer presented Senate Bill 22-024, concerning permitting a challenge to the constitutionality of a court order in a contempt hearing.  She explained the bill's application, including family court cases with pro se representation. 

Prof. Eugene Volokh, representing themself, testified in support of the bill.  He emphasized the additional protections the bill provides.

The committee took a brief recess. 

 

 

The committee reconvened. 

Professor Volokh continued his testimony.

Melanie Jordan, representing Office of Respondent Parents' Counsel, testified in support of the bill.  She discussed how current statutes bar parents from sharing information about their case. 

Committee members asked questions about appeals.  Discussion ensued about the bill's application beyond dependency and neglect cases. 

 

 

Suzanne Taheri, representing themself, testified in support of the bill.  She answered questions from the committee about statute location for this new provision and gag orders. 

Christina Cimino, representing themself, testified in support of the bill. She discussed her experience as a special respondent for a teen neglect case.

Kelly Haviland, representing themself, testified in support of the bill.

The committee recessed for technical difficulties. 

The committee reconvened.

Kelly Haviland resumed her testimony.
She described her family court experience.

Committee members asked about the broad
application of the bill and legal challenges.

 

 

Further discussion ensued about the bill's broad application, willful violations, and unintended consequences. 

The Chair laid over the bill until further notice. 

 

 

Senator Danielson, bill sponsor, presented Senate Bill 23-054, concerning missing and murdered indigenous relatives office (MMIR).   She discussed Senate Bill 22-150 that created the MMIR office, and clarified that this bill allocates funding to hire more staff and strengthen services. 

Councilwoman Vanessa Torres, representing Southern Ute Indian Tribe, testified in support of the bill. She discussed rates of violent crime for indigenous women. 

Senator Danielson referenced a letter of endorsement from the Southern Ute Tribe.

Jennifer Blackhawk, representing the Ogalala and Sioux Tribe, testified in support of the bill. 

Felicia McCall, MMIR Task Force, testified in support of the bill.

Gary Yellowhorn, representing themself, testified in support of the bill.

Ms. Diana Lee, representing themself, testified in support of the bill.

Committee members asked questions to the panel about their cases and law enforcement involvement. 

 

 

Danielle Seawalker, representing themself,
testified in support of the bill.

Monycka Snowbird, representing themself,
testified in support of the bill.

Daisy Bluestar, representing the Southern
Ute Tribe, testified in support of the bill.

Committee discussion ensued about the
implementation of SB22-150, including staffing and other responsibilities.


 

 

Tanksi Chrisjohn, representing themself, testified in support of the bill.

Mia Tallbull, representing themself, testified in support of the bill.

Cassidy Mendoza, representing themself, testified in support of the bill.

Danielle Manzanaces, representing themself, testified in support of the bill.

Eliana Arellano, representing themself, testified in support of the bill.

Ms. Rachel Gomez, representing themself, testified in support of the bill.

Mrs. Jennifer Wolf, representing Project Mosaic, Indigenous Health Consultants, testified in support of the bill.

Mrs. Donna Chrisjohn, representing themself, testified in support of the bill.

Committee discussion followed about communication between agencies. 

Emma Ragona, representing Conservation Colorado, testified in support of the bill.

Committee members asked questions about victim services. 

 

Joseph Pekara, representing themself, testified in support of the bill.

Serene Mulhern, representing themself, testified in support of the bill.

Renee Millard Chacon, Woman from the Mountain, testified in support of the bill.

Isabella Snowbird, representing themself, testified in support of the bill.

Paula Perry, representing themself, testified in support of the bill.

Committee discussion followed about communication issues during all stages of a case. 

Shaina Oliver, representing themself, testified in support of the bill.

Gina Lopez, representing Missing and Murdered Indigenous Relatives of Colorado Taskforce, testified in support of the bill.

Mr. Philip Jones, representing themself, testified in support of the bill.

Steven LaPointe, representing himself, testified in support of the bill.

Mr. Jones responded to questions from the committee.

Executive Director Stan Hilkey, representing Colorado Department of Public Safety, testified in opposition to the bill.  He discussed the current status of the MMIR Office and addressed some of the barriers and challenges experienced, including communication issues between agencies. 

Mr. Hilkey responded to questions from the committee about local law enforcement and information sharing challenges.  Committee discussion followed about statistical reports.  Further discussion ensued about the Colorado Commission on Criminal and Juvenile Justice and the review of sentencing ranges for MMIR cases. 

The Chair laid the bill over until further notice. 

 

Senator Gardner and Rodriguez explained House Bill 23-1049, concerning the enactment of CRS 2022 as the positive and statutory law of the state of Colorado. 

Jennifer Gilroy from the Office of Legislative Legal Services made herself available for questions. 

Senators B. Pelton and Fields, co-prime sponsors, presented Senate Bill 23-034, concerning the definition of serious bodily injury in Section 18-1-901, C.R.S.   They discussed the need to reassess the definition of serious bodily injury to add firearm and penetrating knife wounds.   The senators distributed Amendment L.001  for reference during public testimony (Attachment A). 

 

Mr. James Karbach, representing Colorado State Public Defender's Office, testified in opposition to the bill.  He expressed concerns about weapon instrumentality. 

Tristan Gorman, representing Colorado Criminal Defense Bar, testified in opposition to the bill. She discussed the term "firearm wound" as defined in the bill. 

Ms. Sheryl Uhlmann, representing Colorado State Public Defender, testified in opposition to the bill. She raised issue with certain definitions in the bill. 

Committee discussion followed about terminology and definitions in the bill.   Committee members asked the panel questions about practices in other states.

 

District Attorney Travis Sides, representing themself, testified in support of the bill. He discussed the importance of having a wider range of prosecutorial choices beyond murder or assault. 

Assistant District Attorney Tom Byrnes, representing 18th Judicial District Attorney's Office, testified in support of the bill. He noted clarifying definitions in the bill. 

Committee members asked questions about intent and differences between and blunt force and projectile injuries. 

 

 

Mr. David Kaplan, representing Colorado
State Public Defender's Office, testified in opposition to the bill.  He
raised concerns about minimizing injuries suffered by victims, and sentence
enhancers.

Mr. Ara Ohanian, representing Colorado
State Public Defender's Office, testified in opposition to the bill. She
discussed court and prosecutorial discretion.

Committee discussion continued about
prosecutorial discretion, followed by questions about firearm wounds.  


 

District Attorney Brian Mason, representing District Attorney's Office for Colorado's 17th Judicial District -- Adams & Broomfield Counties, testified in support of the bill. He discussed how the bill closes a loop hole.

Grant Fevurly, representing Department of Law, testified in a neutral position on the bill.  He discussed a court case relevant  to the bill.

Joe Michaels, representing Department of Law, was available to answer committee questions. He discussed consistent application of the law. 

Committee discussion ensued about firearm wounds.  Suggestions were made to change firearm wound to gunshot wound. 

Mr. David Hayes, representing Colorado Association of Chiefs of Police, testified in support of the bill.  He responded to questions from the committee about conduct and outcomes. 

Mr. Arnold Hanuman, representing Colorado District Attorneys' Council (CDAC), was available to answer committee questions. He emphasized the narrow application of the bill.

The committee took a brief recess. 

 

The meeting was called back to order.

Senator B. Pelton distritubed Amendment
L.002 (Attachment B).

Senator Fields respond to testimony and
made closing remarks about the necessity of the bill.   She distributed
a hand-out (Attachment C).

Senators Gardner and Ginal, co-prime sponsors, explained Senate Bill 23-064, concerning the Office of Public Guardianship.   They explained the merits of the bill and its purpose to provide services to at-risk adults. 

Maureen Welch, representing Navigating Disability Colorado, testified in opposition to the bill.  She distributed a handout (Attachment D).  . 

Sophia Alvarez, representing Colorado Office
of Public Guardianship, testified in support of the bill.  She provided
an overview of the office.

Deb Bennett-Woods, representing Colorado
Office of Public Guardianship, testified in support of the bill.  She
discussed increases in the number of vulnerable at-risk adults.

Mr. Grant Yoder, representing themself,
testified in support of the bill.

Spencer Crona, representing Colorado
Office of Public Guardianship, testified in support of the bill.

 

 

Judge Elizabeth Leith, representing themself,
testified in support of the bill.  She discussed her experiences as
a Denver Probate Court judge.



Ms. Coral Cosway, representing Alzheimer's Association of Colorado, testified
in support of the bill.



Perry May, representing Colorado Department of Human Services, testified
in support of the bill. She discussed how public guardians help ease hospital
stays.



Ms. Jennifer Levin, representing The Arc of Colorado, testified in support
of the bill.

Ms Gretchen Gore, representing St. Mary's Medical Center, Intermountain Health, testified in support of the bill.

Ms. Brittany Bear, representing St. Mary's Medical Center, Intermountain Health, testified in support of the bill.

Bridget Garcia, representing Colorado Hospital Association, testified in support of the bill.  She discussed hospital stays and barriers to discharge. 

 

 

Senator Gardner distributed and explained Amendment L. 002 about supported decision-making (Attachment E). 

Senator Gonzales presented HB23-1033 concerning persons with whom the Office fo Alternate Defense Counsel may contract.   

Stacie Colling, representing Colorado Office of the Alternate Defense Counsel, testified in support of the bill.

Lindy Frolich, representing Colorado Office of the Alternate Defense Counsel, testified in support of the bill.