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69C24522EB13CFEF8725850A0078D6F6 Hearing Summary




PUBLIC
BILL SUMMARY For SB20-088

SENATE COMMITTEE ON JUDICIARY
Date Feb 10, 2020      
Location SCR 352



SB20-088 - Referred to the Committee of the Whole


02:59:58 PM  

Senator Fields, prime sponsor, explained SB20-088, concerning evidentiary rules when a defendant interferes with a witness. 

John Kellner, representing the District Attorney's Office in the 18th Judicial District, testified in support of the bill.  He discussed forfeiture by wrongdoing.

Committee discussion followed about unreliable testimony, rules of evidence, and hearsay exceptions. 

03:02:06 PM  

Lara Mullen, representing the Denver District Attorney's Office, testified in support of the bill.  She answered questions about hearsay exceptions. 

Maggie Conboy, representing the Denver District Attorney's Office, spoke in favor of the bill.  She discussed the recurring problem of witness intimidation. 

Committee discussion ensued about hearsay exceptions. 

 

03:15:47 PM  

Committee discussion continued about rules of evidence. 

03:17:19 PM  

Maureen Cain, representing the Office of the State Public Defenders, testified against the measure.  She opposed a provision in the bill regarding the reliability of statements and related challenges.  Committee members asked questions about ways in which to rebut reliability. 

03:30:16 PM  

Committee members further discussed the differences between rebuttably reliable and presumptively reliable statements. 

03:38:03 PM  

Further discussion ensued about how provisions in the bill would play out in the context of a trial and rules of evidence. 

Senator Lee read into the record letters of support from Colorado Victims for Justice and Colorado Organization for Victim Assistance (Attachment I).   

03:47:39 PM  

Senator Fields made closing remarks. 



03:50:39 PM
Motion Refer Senate Bill 20-088 to the Committee of the Whole.
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






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