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9D53F77F0F07AC358725897A006FBA94 Hearing Summary




PUBLIC
BILL SUMMARY For SB23-170

HOUSE COMMITTEE ON JUDICIARY
Date Mar 22, 2023      
Location Old State Library



SB23-170 - Amended, referred to House Appropriations

02:20:28 PM  

The committee was called to order. A quorum was present. Representative Weissman explained some procedural rules for the day's hearing. Representatives Bacon and Weissman, prime sponsors, presented Senate Bill 23-170, concerning extreme risk protection orders. Representative Bacon explained the effect of the bill and discussed its need. Representative Weissman provided additional input on the bill and explained its effect section-by-section. Representative Bacon discussed statistics surrounding the use of extreme risk protection orders (ERPO) in Colorado. Discussion ensued regarding the process by which an ERPO is filed, and the bill's educational component. Discussion returned to ERPO statistics in Colorado. Representative Weissman responded to questions regarding the lack of a counsel requirement during the issuance of a temporary ERPO, and the intersection between ERPOs and mental health holds. Representative Weissman responded to further questions regarding why the bill repeals and reenacts portions of existing law, and the "clear and convincing" standard in the bill. Discussion ensued regarding laws that allow law enforcement to preemptively seize property in avoidance of future crimes.

03:20:34 PM  
Executive Director Stan Hilkey, representing Colorado Department of Public Safety, testified in support of the bill.

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

Mrs. Jane Dougherty, representing herself, testified in support of the bill.

Mr. Michael Dougherty, representing District Attorney's Office - 20th JD (Boulder County), testified in support of the bill. Ms. Drake responded to questions regarding the definition of "law enforcement officer" in SB 23-170. Mr. Dougherty responded to questions regarding what laws were in place prior to the 2019 ERPO law that allowed law enforcement interdiction of firearms. Ms. Drake responded to questions regarding the Department of Law's ability to file an ERPO petition. Mr. Dougherty responded to questions regarding fraudulent ERPO reports.

03:39:11 PM  
Tom Mauser, representing himself, testified in support of the bill.

Ms. Kallie Leyba, representing American Federation of Teachers, Colorado, testified in support of the bill.

Kevin Vick, representing Colorado Education Association, testified in support of the bill.

Ms. Ellen Mahoney, representing herself, testified in support of the bill. Discussion ensued regarding the potential impact of SB 23-170 on school safety, and the potential for the bill to impact information sharing in school.

03:57:46 PM  
Ms. Jessica Francois, representing Colorado Association of School Nurses, testified in support of the bill.

Katie Wolf, representing Violence Free Colorado, testified in support of the bill.

Leanne Rupp, representing National Association of Social Workers (NASW) Colorado Chapter, testified in support of the bill.

Dr. Anne Frank, representing American Academy of Pediatrics - Colorado Chapter, testified in support of the bill. Ms. Rupp responded to questions regarding the potential chilling effect of SB 23-170 on communication in the mental health arena.

04:14:37 PM  

Mr. Todd Rathner, representing The Firearms Policy Coalition, testified in opposition to the bill. Richard Orf, representing Associated Governments of Northwest Colorado, testified in opposition to the bill. Mr. Mario Acevedo, representing himself, testified in opposition to the bill. Mr. Ronald Dietz, representing himself, testified in opposition to the bill. Discussion ensued regarding the potential for SB 23-170 to chill discussions in the medical arena.

04:30:31 PM  

Andrew Lucas, representing himself, testified in opposition to the bill. Mr. Matthew King, representing Mesa County Sheriff's Office, testified in opposition to the bill. Taylor Rhodes, representing Rocky Mountain Gun Owners, testified in opposition to the bill. Mark Rice, representing himself, testified in opposition to the bill. Mr. Mark Tisdale, representing himself, testified in opposition to the bill. Mr Michael Zundelevich, representing himself, testified in opposition to the bill. Mrs. Hope Scheppelman, representing herself, testified in opposition to the bill. Mr. Colin Hornback, representing himself, testified in opposition to the bill.

04:53:38 PM  

Ms. Claire Lucas, representing herself, testified in support of the bill. Alexander Cisneros, representing Students Demand Action, testified in support of the bill. Kimaya Kini, representing herself, testified in support of the bill. Rebekah Venturella, representing Mom's Demand Action, testified in support of the bill. Mr. Cisneros responded to questions regarding the potential for restricting the ownership of cutting instruments, and statistics on youth deaths.

05:07:30 PM  
Amanda Wilcox, representing Brady Colorado, testified in support of the bill.

Dr. Donald Macalady, representing himself, testified in support of the bill.

Dr. Julie Meyers, representing CO Chapter American Academy of Pediatrics, testified in support of the bill.

05:15:35 PM  
Dr. Myra Isenhart, representing Colorado Ceasefire, testified in support of the bill.

Dawn Reinfeld, representing Blue Rising, testified in support of the bill.

Benjamin Teevan, representing himself, testified in support of the bill.

Susan Hahn, representing herself, testified in support of the bill.

Senator Evie Hudak, representing Colorado PTA, testified in support of the bill.

05:29:32 PM  

Mr. Rick Wagner, representing himself, testified in opposition to the bill. Mr. Gregg McGough, representing himself, testified in opposition to the bill. Daniel Fenlason, representing himself, testified in opposition to the bill.

05:38:31 PM  
Ms. Mary Parker, representing herself, testified in support of the bill.

Ms. Kelly Murphy, representing herself, testified in support of the bill.

Mrs. Constance Boyd, representing herself, testified in support of the bill.

05:48:12 PM  
The committee recessed.
06:00:19 PM  

The committee returned to order. Representative Bacon explained the effect of amendment L.053 (Attachment A). Discussion ensued regarding how the telephone system created by the amendment works, and the purpose of the system.



06:05:35 PM
Motion Approve amendment L.053.
Moved Bacon
Seconded Weissman
Armagost Excused
Daugherty Yes
Epps Yes
Evans No
Garcia Yes
Luck No
Marshall Yes
Sharbini Yes
Snyder Yes
Soper No
Woodrow Yes
Bacon Yes
Weissman Yes
YES: 9   NO: 3   EXC: 1   ABS:  0   FINAL ACTION:  PASS


06:10:13 PM
Motion Adopt amendment L.039
Moved Weissman
Seconded Bacon
Armagost No
Daugherty Yes
Epps Yes
Evans No
Garcia Yes
Luck No
Marshall Yes
Sharbini Yes
Snyder Yes
Soper No
Woodrow Yes
Bacon Yes
Weissman Yes
YES: 9   NO: 4   EXC: 0   ABS:  0   FINAL ACTION:  PASS
06:10:15 PM  

Representative Weissman explained the effect of amendment L.039 (Attachment B). Representative Weissman responded to questions regarding how matters are adjudicated under the amendment.

06:10:19 PM  
Representatives Bacon and Weissman provided closing remarks in support SB 23-170. Various committee members provided their positions on the bill.


06:58:27 PM
Motion Refer Senate Bill 23-170, as amended, to the Committee on Appropriations.
Moved Bacon
Seconded Weissman
Armagost No
Daugherty Yes
Epps Yes
Evans No
Garcia Yes
Luck No
Marshall Yes
Sharbini Yes
Snyder Yes
Soper No
Woodrow Yes
Bacon Yes
Weissman Yes
Final YES: 9   NO: 4   EXC: 0   ABS:  0   FINAL ACTION:  PASS






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