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S_JUD_2023A 04/12/2023 02:17:20 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON JUDICIARY
Date 04/12/2023
Attendance
Gardner X
Roberts *
Van Winkle X
Rodriguez X
Gonzales *
Time 02:17:20 PM to 06:12:12 PM
Place Old Supreme Court
This Meeting was called to order by Gonzales
This Report was prepared by Juliann Jenson
Hearing Items Action Taken
HB23-1027 Referred to Senate Appropriations
SB23-251 Referred to Senate Appropriations
SB23-254 Referred to the Committee of the Whole
SB23-158 Committee Discussion Only

HB23-1027 - Referred to Senate Appropriations


02:17:32 PM  

Senator Winter, bill sponsor, presented HB 23-1027, concerning family time provided pursuant to the children's code, and in connection therewith, making an appropriation.  She discussed the merits of the bill, including safe visitations and codifying case law. 

02:20:09 PM  

Claire Hooker, representing Office of Colorado's Child Protection Ombudsman, testified in support of the bill. 

Melanie Jordan, representing Office of Respondent Parents' Counsel, testified in support of the bill.

Gretchen Russo, representing Colorado Department of Human Services, testified in support of the bill.

Mrs Martha Wilson, representing themself, testified in support of the bill.

02:33:18 PM  

Dr. Malia Reddick, representing Office of Respondent Parents' Counsel, testified in support of the bill.

Ashley Chase, representing Office of the Child's Representative, testified in support of the bill.

02:38:30 PM  
Senator Winter made closing remarks.


02:39:47 PM
Motion Refer House Bill 23-1027 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



SB23-251 - Referred to Senate Appropriations


02:39:57 PM  

Senator Roberts and Rich, co-prime sponsors, presented Senate Bill 23-251, concerning a requirement that the Attorney General represent the Department of Revenue in all driver's license and state identification card appeals.  The bill sponsors explained that the Office of the Attorney General is better equipped to handle these type of civil proceedings. 

Committee members asked questions about the bill's application. 

02:47:57 PM  

Colleen Lamb, representing First Judicial District Attorneys Office, testified in support of the bill.

Mr. Robert Russel, representing Denver District Attorney, testified in support of the bill.

Timothy Lane, representing Colorado District Attorneys' Council, testified in support of the bill.

Jefferey Riester, representing Department of Law, was available to answer committee questions.

Committee members inquired about how these appeals are currently handled. 

03:00:50 PM  

The bill sponsors made closing remarks.



03:02:23 PM
Motion Refer Senate Bill 23-251 to the Committee on Appropriations.
Moved Roberts
Seconded
Gardner Yes
Roberts Yes
Van Winkle Yes
Rodriguez Yes
Gonzales Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB23-254 - Referred to the Committee of the Whole


03:02:43 PM  

Senators Gonzales and Fields, co-prime sponsors, presented Senate Bill 23-254, concerning entry into a dwelling by a peace officer.   The bill sponsors discussed police reform, the no-knock study group, and the stakeholding process.  They also explained components of the bill. 

03:37:16 PM  

Mollie Steinemann, representing Colorado Municipal League, testified in opposition to the bill. 

Taylor Pendergrass, representing ACLU of Colorado, testified to amend the bill.

Sheriff Tyler Brown, representing themself, testified in support of the bill.  He suggested amending the time frame when no knock warrants may be executed

Chief Dave Hayes, representing Colorado Association of the Chiefs of Police, testified to amend the bill.

03:49:48 PM  

Rebecca Wallace, representing Colorado Freedom Fund, testified to amend the bill. 

Committee discussion ensued about adding enforcement mechanisms and exceptions for fleeing suspects.  Committee members asked about the frequency of executed no-knock warrants.

03:54:31 PM  

Mr. James Karbach, representing Colorado State Public Defender's Office , testified in support of the bill. only use to preserve life. best practices.

Dr. Sulton Winfrey, representing themself, testified in support of the bill.

Ms Tammy Paige, representing themself, testified in support of the bill.

04:02:36 PM  

Miah Ntepp, representing NAACP DENVER, testified in support of the bill.

Grant Fevurly, representing Department of Law, was available to answer committee questions.

Timothy Lane, representing Colorado District Attorneys' Council, was available to answer committee questions.

04:07:47 PM  

Sharron Pettiford, representing NAACP,  testified in support of bill.

Joshua Jackson, representing NAACP, testified in support of the bill.

04:15:00 PM  

 Senator Gardner distributed and explained Amendment L.001, which adds language concerning credible threats (Attachment A).

 

The bill sponsors asked for additional time to review the amendment.  The amendment was withdrawn.



04:15:45 PM
Motion Adopt Amendment L.001 (Attachment A)
Moved Gardner
Seconded
Gardner
Roberts
Van Winkle
Rodriguez
Gonzales
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Withdrawn
04:16:37 PM  

Senator Gardner distributed and explained Amendment L.003 which addresses case law on the subject (Attachment B).

The bill sponsors asked for additional time to review the amendment.  The amendment was withdrawn. 



04:19:01 PM
Motion Adopt Amendment L.003 (Attachment B)
Moved Gardner
Seconded
Gardner
Roberts
Van Winkle
Rodriguez
Gonzales
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Withdrawn
04:19:03 PM  

Senators Gardner and Fields made closing remarks.

Committee members made closing remarks. 



04:30:05 PM
Motion Refer Senate Bill 23-254 to the Committee of the Whole.
Moved Gonzales
Seconded
Gardner No
Roberts Yes
Van Winkle No
Rodriguez Yes
Gonzales Yes
Final YES: 3   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB23-158 - Committee Discussion Only


04:30:15 PM  

Senators Gonzales and Gardner, co-prime sponsors, presented Senate Bill 23-158, concerning the continuation of the Colorado Commission on Criminal and Juvenile Justice (CCJJ).  The bill sponsors discussed the function of the CCJJ and recommendations in the sunset report. 

Committee members asked questions about the CCJJ's role in shaping policy.  Committee discussion followed about other structures to study policy.  Further questions were raised about the time committment of CCJJ members. 

04:59:30 PM  

Executive Director Stan Hilkey, representing Colorado Department of Public Safety, testified in support of the bill.  He provided a brief history of the CCJJ. 

Mr. Rick Kornfeld, representing Private Defense Bar, testified in support of the bill.  He discussed the benefits of the CCJJ as compared to issue specific or other ad hoc committees. 

Tom Raynes, representing Colorado District Attorneys Association, testified in support of the bill.

Chief Dave Hayes, representing Colorado Association of the Chiefs of Police, testified in support of the bill.

Committee members asked questions juveniles.  Further questions were raised about where comprehensive reviews of criminal justice issues would take place without the CCJJ, 

 

05:19:18 PM  

Committee members continued to ask the panel questions about CCJJ recommendations and how they are used, or not used, in the legislative process.   Discussion ensued about the value of the CCJJ. 

05:30:04 PM  

Additional questions were raised about CCJJ members involvement in the political process, followed by the size of the CCJJ and member time commitment. 

05:36:08 PM  

Janet Drake, representing Department of Law, testified in support of the bill.

Fran Lanzer, representing Mothers Against Drunk Driving, testified in a neutral position on the bill.

Committee discussion followed about CCJJ meeting times and hours involved. 

 

05:46:35 PM  

Taylor Pendergrass, representing ACLU of Colorado, testified in opposition to the bill.

Tristan Gorman, representing Colorado Criminal Defense Bar, testified in opposition to the bill.

Rebecca Wallace, representing Colorado Freedom Fund, testified in opposition to the bill.

Committee discussion followed about the best body or structure to study criminal justice issues if at all.  Committee members asked qjuestions about politics and the CCJJ. 

 

 

06:06:35 PM  

Further discussion ensued about CCJJ and politics.  Questions were raised about associated costs. 

06:10:55 PM  

The bill was laid over until further notice. 


06:12:12 PM   The committee adjourned.






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