H_JUD_2018A 04/19/2018 01:30:57 PM Committee Summary PUBLICSTAFF SUMMARY OF MEETINGHOUSE COMMITTEE ON JUDICIARY Date 04/19/2018 Attendance Benavidez X Carver X Hansen X Herod X Lundeen X Melton * Roberts X Willett X Wist * Weissman X Lee X Time 01:30:57 PM to 03:24:22 PM Place HCR 0112 This Meeting was called to order by Lee This Report was prepared by Bo Pogue Hearing Items Action Taken hHB18-1375 Amended, referred to the Committee of the Whole hSB18-056 Amended, referred to the Committee of the Whole hSB18-119 Amended, referred to House Appropriations hSB18-166 Amended, referred to the Committee of the Whole HB18-1375 - Amended, referred to the Committee of the Whole Attachment Tag File Name Attachment A http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/507A5A476391...$File/18HouseJud0419AttachA.pdf?OpenElement 18HouseJud0419AttachA.pdf Attachment B http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/59FC468209BC...$File/18HouseJud0419AttachB.pdf?OpenElement 18HouseJud0419AttachB.pdf Attachment C http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/93C9C2FE3BFE...$File/18HouseJud0419AttachC.pdf?OpenElement 18HouseJud0419AttachC.pdf 01:34:09 PM The committee was called ot order. A quorum was present. Representatives Lee and Willett, co-prime sponsors, presented House Bill 18-1375, concerning the nonsubstantive revision of statutes in the Colorado Revised Statutes, as amended, and, in connection therewith, amending or repealing obsolete, imperfect, and inoperative law to preserve the legislative intent, effect, and meaning of the law. Representative Lee explained the effect of the bill, and Representative Willett provided additional input. No one testified regarding the bill. 01:37:53 PM Representative Lee explained amendment L.002 (Attachment A). 01:38:44 PM Motion Adopt amendment L.002 Moved Lee Seconded Willett Benavidez Carver Hansen Herod Lundeen Melton Excused Roberts Willett Wist Weissman Lee YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection 01:39:03 PM Representative Lee explained the effect of amendment L.003 (Attachment B). 01:39:53 PM Representative Lee explained the effect of amendment L.004 (Attachment C). 01:39:53 PM Motion Adopt amendment L.003 Moved Lee Seconded Willett Benavidez Carver Hansen Herod Lundeen Melton Excused Roberts Willett Wist Weissman Lee YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection 01:40:48 PM Motion Adopt amendment L.004 Moved Lee Seconded Willett Benavidez Carver Hansen Herod Lundeen Melton Roberts Willett Wist Weissman Lee YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 01:40:49 PM Representatives Lee and Willett provided closing remarks in support of HB 18-1375. 01:42:52 PM Motion Refer House Bill 18-1375, as amended, to the Committee of the Whole. Moved Lee Seconded Willett Benavidez Yes Carver Yes Hansen Excused Herod Yes Lundeen Yes Melton Yes Roberts Yes Willett Yes Wist Yes Weissman Yes Lee Yes Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS SB18-056 - Amended, referred to the Committee of the Whole Attachment Tag File Name Attachment D http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/6A4A88136462...$File/18HouseJud0419AttachD.pdf?OpenElement 18HouseJud0419AttachD.pdf Attachment E http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/7FD7D54B7D11...$File/18HouseJud0419AttachE.pdf?OpenElement 18HouseJud0419AttachE.pdf Attachment F http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/F678685222AD...$File/18HouseJud0419AttachF.pdf?OpenElement 18HouseJud0419AttachF.pdf 01:43:13 PM Representatives Lee and Willett, prime sponsors, presented Senate Bill 18-056, concerning monetary amounts in civil actions. Representative Willett provided background on the issues addressed by the bill, and explained the legislation's effect. Representative Willett also discussed some stakeholder work on amendments. Representative Lee provided additional input on the bill. Discussion ensued regarding the effect of amendments L.008 (Attachment D), L.009 (Attachment E), and L.013 (Attachment F). 02:02:33 PM Mr. Chris Ryan, representing the Judicial Branch, testified in support of the bill. Mr. Ryan discussed the fee structure at the county court level, and addressed the amendments. Mr. Ryan responded to questions regarding trends in court dockets at the county level, and compensation for county judges. Discussion ensued regarding amendment L.013. Discussion followed regarding the Judicial Branch's position on the bill. 02:14:04 PM Representative Lee explained the effect of amendment L.008. 02:15:16 PM Motion Adopt amendment L.008 Moved Lee Seconded Willett Benavidez Carver Hansen Herod Lundeen Melton Roberts Willett Wist Weissman Lee YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 02:15:17 PM Representative Lee explained the effect of amendment L.009. 02:16:37 PM Motion Adopt amendment L.009 Moved Lee Seconded Willett Benavidez Carver Hansen Herod Lundeen Melton Roberts Willett Wist Weissman Lee YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 02:16:38 PM Representative Willett explained the effect of amendment L.013. Discussion ensued regarding the potential to include a reporting requirement in the bill pertaining to county court rules. 02:19:36 PM Motion Adopt amendment L.013 Moved Willett Seconded Lee Benavidez Carver Hansen Herod Lundeen Melton Roberts Willett Wist Weissman Lee YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 02:19:37 PM Discussion ensued regarding issues associated with the bill. Representatives Lee and Willett provided closing remarks in support of SB 18-056. 02:24:48 PM Motion Refer Senate Bill 18-056, as amended, to the Committee of the Whole. Moved Willett Seconded Lee Benavidez Yes Carver Yes Hansen Yes Herod Yes Lundeen Yes Melton Excused Roberts Yes Willett Yes Wist Yes Weissman Yes Lee Yes Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS SB18-166 - Amended, referred to the Committee of the Whole Attachment Tag File Name Attachment H http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/BF7649EACC3F...$File/18HouseJud0419AttachH.pdf?OpenElement 18HouseJud0419AttachH.pdf 02:38:00 PM Representative Herod, prime sponsor, presented Senate Bill 18-166, concerning changing the maximum jail sentence for certain crimes from one year to 364 days. Representative Herod explained the effect of the bill and discussed its need. Representative Herod also explained the effect of amendment L.008 (Attachment H). 02:41:22 PM Ms. Amy Redfern, representing the Colorado Bar Association, testified in support of the bill. Ms. Redfern discussed the stakeholder process that resulted in the bill. Ms. Redfern responded to questions regarding the sections within the Colorado Bar Association that looked at the bill, and the reasons why a study, as contemplated by the reengrossed version of the bill, is not required. Mr. Jeremy Schupbach, representing the Colorado Bar Association, joined Ms. Redfern in support of the bill. He responded to questions regarding the study. Discussion ensued on this point. Mr. Schupbach responded to questions regarding the position of the Criminal Law Section of the Colorado Bar Association on the bill, and the potential for the bill to streamline the judicial process. Discussion ensued on this point. 02:58:36 PM Ms. Carrie Thompson, representing the Colorado Criminal Defense Bar, testified in support of SB 18-166. Ms. Thompson discussed the number and types of misdemeanors covered by the bill, and explained how the bill may streamline the judicial process. Ms. Thompson responded to questions regarding how a possible criminal penalty of one year or more may result in deportation of a person lawfully present in the country. 03:11:38 PM Discussion ensued regarding amendment L.008. 03:13:54 PM Motion Adopt amendment L.008 Moved Herod Seconded Weissman Benavidez Yes Carver No Hansen Yes Herod Yes Lundeen No Melton Yes Roberts Yes Willett No Wist No Weissman Yes Lee Yes YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS 03:13:55 PM Discussion ensued regarding the merits of SB 18-166. Representative Herod provided closing remarks in support of the bill. 03:23:34 PM Motion Refer Senate Bill 18-166, as amended, to the Committee of the Whole. Moved Herod Seconded Weissman Benavidez Yes Carver No Hansen Yes Herod Yes Lundeen No Melton Yes Roberts Yes Willett No Wist No Weissman Yes Lee Yes Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS SB18-119 - Amended, referred to House Appropriations Attachment Tag File Name Attachment G http://www2.leg.state.co.us/CLICS/CLICS2018A/commsumm.nsf/0/C11F0C1AA84D...$File/18HouseJud0419AttachG.pdf?OpenElement 18HouseJud0419AttachG.pdf 02:25:08 PM Representative Carver, prime sponsor, presented Senate Bill 18-119, concerning false imprisonment of a minor. The committee heard testimony on the bill at its April 5 meeting. Representative Carver explained the effect of amendment L.011 (Attachment G). Discussion ensued regarding the merits of the amendment. 02:35:30 PM Motion Adopt amendment L.011 Moved Benavidez Seconded Wist Benavidez Carver Hansen Herod Lundeen Melton Roberts Willett Wist Weissman Lee YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 02:35:44 PM Various committee members provided their impressions of SB 18-119. Representative Carver provided closing remarks in support of the bill. 02:37:41 PM Motion Refer Senate Bill 18-119, as amended, to the Committee on Appropriations. Moved Carver Seconded Lee Benavidez Yes Carver Yes Hansen Yes Herod Yes Lundeen Yes Melton Yes Roberts Yes Willett Yes Wist Yes Weissman Yes Lee Yes Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS 03:24:22 PM Committee Adjourned