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S_JUD_2023A 03/22/2023 02:11:44 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON JUDICIARY
Date 03/22/2023
Attendance
Gardner X
Roberts X
Van Winkle X
Rodriguez X
Gonzales X
Time 02:11:44 PM to 08:44:46 PM
Place Old Supreme Court
This Meeting was called to order by Gonzales
This Report was prepared by Juliann Jenson
Hearing Items Action Taken
SB23-157 Amended, referred to Senate Appropriations
SB23-089 Lay Over
SB23-164 Lay Over
HB23-1192 Committee Discussion Only

SB23-157 - Amended, referred to Senate Appropriations


02:12:12 PM  

Senators Baisley and Coleman, co-prime sponsors, presented Senate Bill 23-157, concerning the continuation of the offender reentry grant program, and, in connection therewith, implementing the recommendations in the Department of Regulatory Agencies' 2022 sunset report. 

Senator Coleman discussed reentry servces and distributed Amendment L.001 (Attachment A).  The amendment continues the program for five years, addresses data collection, and defines recidivism to measure program success. 

Committee members asked questions about the fiscal note. 

02:20:05 PM  

Steven Doane, representing themself, testified in support of the bill.

Mr. Khalil Halim, representing Second Chance center, testified in support of the bill.

Ms. Nanisha Washington, representing themself, testified in support of the bill.

Mr Timothy Carlton, representing Hope House serving NE Colorado, testified in support of the bill.

02:32:09 PM  

Mr. Randy Atwood, representing themself, testified in support of the bill.

Mr. Timothy Carlton, representing themself, testified in support of the bill.

Ms. Cory Miskell, representing Latino Coalition for Community Leadership, testified in support of the bill.

Mr. Richard Marquez, representing Latino Coalition for Community Leadership, testified in support of the bill and available for questions.

Committee members asked questions about Department of Corrections data collection. 

 

02:46:41 PM  

David Taussig, representing Colorado Council of Churches, testified in support of the bill.

Ms. Adrienne Sanchez, representing Colorado Department of Corrections, was available to answer committee questions.

Committee members asked questions about data collection and recidivism definitions. 

 

 

02:54:49 PM  

The bill sponsors recapped Amendment L.001 (Attachment A). 



02:56:01 PM
Motion Adopt amendment L.001 (Attachment A)
Moved Rodriguez
Seconded
Gardner
Roberts
Van Winkle
Rodriguez
Gonzales
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
02:56:17 PM  

The bill sponsors made closing remarks.

Committee members made closing comments.



02:59:09 PM
Motion Refer Senate Bill 23-157, as amended, to the Committee on Appropriations.
Moved Rodriguez
Seconded
Gardner Yes
Roberts Yes
Van Winkle Yes
Rodriguez Yes
Gonzales Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB23-089 - Lay Over


03:02:15 PM  

Senator Gardner presented Senate Bill 23-089, concerning the authorization of the use of arbitration in domestic relations cases through the enactment of the "Uniform Family Law Arbitration Act". 

03:09:30 PM  

Ms Anne McGihon, representing Colorado Commission on Uniform State Laws, testified in support of the bill. 

Kari Bearman, representing The Uniform Law Commission, testified in support of the bill.

Committee discussion followed about arbitration practices and frequency.  

 

03:22:29 PM  

Ms. Meggin Rutherford, representing themself, testified in opposition to the bill.

 

 

03:29:07 PM  

Senator Gardner asked the bill be laid over to seek input from the Family Law Section of the Women's Bar Association.



SB23-164 - Lay Over

03:36:04 PM  

Senators Gonzales and Gardner, co-prime sponsors, presented Senate Bill 23-164, concerning the continuation of the Sex Offender Management Board (SOMB), and, in connection therewith, implementing the recommendations contained in the 2022 sunset report by the Department of Regulatory Agencies. 

The bill sponsors explained the bill and provided a brief history of the SOMB.  They discussed ongoing issues related to the SOMB, including  treatment options in the DOC and treatment provider options, among others.  They also explained the stakeholder process. 

 

03:44:39 PM  

Erika Unger, representing Bread & Roses Legal Center, testified in opposition to the bill.

Committee discussion ensued about sex offender treatment for the LGBTQ+ communities.  Committee members asked questions about indeterminate sentences.  Further questions were asked about providers and treatment options. 

04:02:38 PM  

Pat Harris, representing Advocates for Change, testified to amend the bill. She distributed a handout with recommended changes (Attachment B).

Ms. Laurie Kepros, representing Office of the State Public Defender & Colorado Criminal Defense Bar, testified to amend the bill.  She made a number of suggestions about treatment in DOC, juvenile standards, risk assessments, and provider options.  She distributed a handout (Attachment C). 

Mr. Michael Dell, representing Colorado-CURE, testified to amend the bill.

Mr. Taber Powers, representing themself, testified to amend the bill.

Brie Franklin, representing Colorado Coalition Against Sexual Assault, testified to amend the bill.

04:19:39 PM  

Ms. Jessica Dotter, representing Colorado District Attorneys' Council, testified in support of the bill.  She suggested a SOMB study.

Mr. Chris Lobanov-Rostovsky, representing Colorado Department of Public Safety, testified in support of the bill.

Raechel Alderete, representing Colorado Department of Public Safety, testified in support of the bill. 

Courtney Sutton, representing Colorado Organization for Victim Assistance, testified in support of the bill.

Katie Abeyta, representing themself, testified in support of the bill.

Committee members asked questions about DOC treatment and possible solutions.  Further conversation followed about treatment participation criteria and indeterminate sentencing laws. 

 

04:35:55 PM  

Committee discussion ensued about DOC sex offender treatment and legislative changes.  Committee members asked questions about how complaints against the SOMB are raised and managed. 

04:48:27 PM  

Mr James Karbach, representing Colorado state public defender, testified to amend the bill.

Roger Kincade, representing Advocates for Change, testified to amend the bill. He discussed treatment options for low risk offenders. 

Marcia Brewer, representing Advocates for Change, testified to amend the bill. She discussed person first language and sexually violent predator terminology. 

Ms. Adrienne Sanchez, representing Colorado Department of Corrections, was available to answer committee questions.

Mrs. Amanda Retting, representing Colorado Department of Corrections- SOTMP, was available to answer committee questions.

Committee members asked questions about DOC sex offender treatment. 

Written testimony about the SOMB may be read in Attachment D. 

05:02:48 PM  

The committee chair laid the bill over to work on amendments. 



HB23-1192 - Committee Discussion Only


05:06:16 PM  

Senators Rodriguez and Gonzales, co-prime sponsors, presented House Bill 23-1192, concerning the creation of additional protections in the consumer code.  They provided a brief history of the Colorado Consumer Protection Act (CCPA) and changes the bill makes to it.  

05:27:01 PM  

Nina DiSalvo, representing Towards Justice, testified in support of the bill.

Ms. Lauren Saunders, representing National Consumer Law Center, testified in support of the bill.

Aly Belknap, representing New Era Colorado, testified in support of the bill.

Committee members asked the panel about current consumer fraud cases in Colorado.

 

05:42:24 PM  

Steve Kaufmann, representing Department of Law, testified in support of the bill.

Jan Zavislan, representing Department of Law, testified in support of the bill.

Committee members asked questions about changes in state of mind definitions, as outlined in the bill.  Additional questions were raised about the public impact threshold and definition of reckless.

 

05:58:08 PM  

Committee members asked the panel questions about removing mental state requirements as proposed in the bill and increased litigation. 

06:07:48 PM  

Mr Matthew Osborne, representing themself, testified in support of the bill.

Melissa Mejia, representing Community Economic Defense Project, testified in support of the bill.

Jose Vasquez, representing Colorado Legal Services, testified in a neutral position on the bill.

Committee members asked questions about common law fraud, punitive damages, and attorneys' fees under the CCPA. 

06:37:46 PM  

Ms Isabel Cruz, representing Colorado Consumer Health Initiative, testified in support of the bill.

Mrs Sara Gagliardi, representing themself, testified in support of the bill.

Catherine Ordonez, representing American Civil Liberties Union of Colorado, testified in support of the bill.

06:48:12 PM  

Mr. Buck Beltzer, representing Association of General Contractors of Colorado, testified to amend the bill.

Betty Knecht, representing Colorado Mortgage Lenders Association, testified to amend the bill.

Mr. Scott Peterson, representing Colorado Association of REALTORS, testified to amend the bill.

Dennis Polk, representing Colorado Association of Home Builders, testified to amend the bill.

Mr Michael Gifford, representing AGC Colorado, testified to amend the bill.

Committee members asked questions about reckless standards.  Committee discussion followed about affordable housing, insurance, and profit margins. 

 

07:14:01 PM  

Committee discussion ensued about other states that have the public impact requirement. 

07:19:28 PM  

John Conklin, representing Colorado Medical Society, testified in opposition to the bill.

Jessica Kostelnik, representing Denver Metro Chamber of Commerce, testified in opposition to the bill.

Mr. Tony Gagliardi, representing National Federation of Independent Business (NFIB), testified in opposition to the bill.

David Dazlich, representing Colorado Springs Chamber & EDC, testified in opposition to the bill.

Chris Romer, representing Colorado Competitive Council, testified in opposition to the bill.

Committee members asked about liability, punitive actions, and CCPA consumer protections. 

 

07:47:24 PM  

Dennis Dougherty, representing Colorado AFL-CIO, testified in support of the bill.

David Seligman, representing Towards Justice, testified in support of the bill.

Committee discussion ensued about consumer protection laws and correlaton between weak laws and high rates of consumer fraud. 

Written testimony submitted about the bill may be found in Attachment E.

The committee took a brief recess. 

08:14:58 PM  

The committee returned to order.  The bill was laid over until further notice. 

 

 


08:44:46 PM   The committee adjourned.






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