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C3437EDC37ECB460872587DE00714C4C Hearing Summary




PUBLIC
BILL SUMMARY For SB22-024

SENATE COMMITTEE ON JUDICIARY
Date Feb 3, 2022      
Location SCR 352



SB22-024 - Amended, referred to the Committee of the Whole

01:37:35 PM  

Senator Fields, bill sponsor, explained Senate Bill 22-024, concerning changes to strengthen the crime of intimidating a witness.  She discussed witness intimidation and noted the role of witnesses in the criminal justice system. 

Committee members asked questions about social media and indirect witness intimidation. 

 

01:56:09 PM  

District Attorney Gordon McLaughlin, representing Colorado District Attorney’s Council, testified in support of the bill.  He discussed witness protection and clarified the bill's purpose. 

Committee discussion ensued about the differences between influence and direct threats. 

 

 

02:08:53 PM  

Ms. Victoria Kelley, representing Denver District Attorney's Office, testified in support of the bill. She discussed witness intimidation in domestic violence cases.

02:14:38 PM  

Marguerite Conboy, representing Denver DA Office, testified in support of the bill.  She discussed the bill's application to domestic violence and human trafficking cases. 

Committee members asked questions about prefiling conduct and the definition of indirect in the bill. 

 

 

02:35:40 PM  

Mr. James Karbach, representing Colorado State Public Defender's Office, testified in opposition to the bill.  He raised concerns that the bill does not cover defense witnesses and brought up duplication with complicity statutes. 

Further discussion followed about the term indirect and burden of proof. 

 

02:43:48 PM  

Ms. Emily Tofte Nestaval, representing Rocky Mountain Victim Law Center, testified in support of the bill.

Chief Deputy District Attorney, Office of DA Kellner, 18th JD Andrew Steers, representing Office of District Attorney John Kellner, 18th Judicial District, testified in support of the bill.  He discussed forms of coercion and intimidation. 

Committee discussion followed about indirect threats, intimidation, and the application of the bill. 

 

03:03:07 PM  

Mr. Arnold Hanuman, representing Colorado District Attorneys' Council (CDAC), testified in support of the bill. A handout was distributed by the CDAC (Attachment A). 

Tristan Gorman, representing Colorado Criminal Defense Bar, testified to amend the bill. She raised concerns about the narrow application of certain sections in the bill. 

Tim Lopez, representing self, testified in support of the bill. He discussed a personal experience with witness intimidation. 

03:23:27 PM  

The committee recessed.

03:53:58 PM  

The committee returned to order.

Senator Lee presented Amendment L. 001, which added law enforcement, defense attorneys, and investigators to the bill's application (Attachment B).



03:56:32 PM
Motion Adopt amendment L.002 (Attachment B)
Moved Lee
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
03:59:37 PM  
 Senator Gonzales moved Amendment L.003,
which removed the term "indirect" (Attachment C).   Committee
members discussed disadvantages to that approach.  She withdrew the
amendment.


Senator Gardner suggested a conceptual
amendment to remove both indirectly and directly (page 2, lines 4 and 5).


04:00:38 PM
Motion Adopt amendment L.003 (Attachment C)
Moved Gonzales
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Withdrawn


04:01:35 PM
Motion This is a conceptual amendment
Moved Gonzales
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


04:02:47 PM
Motion Refer Senate Bill 22-024, as amended, to the Committee of the Whole.
Moved Gonzales
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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