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H_JUD_2018A 05/01/2018 11:28:52 AM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON JUDICIARY
Date 05/01/2018
Attendance
Benavidez X
Carver X
Herod X
Lundeen *
Melton *
Neville P. X
Roberts X
Weissman X
Willett X
Salazar X
Lee X
Time 11:28:52 AM to 12:48:15 PM
Place RM 271
This Meeting was called to order by Lee
This Report was prepared by Bo Pogue
Hearing Items Action Taken
SB18-059 Postponed Indefinitely
HB18-1427 Amended, referred to the Committee of the Whole
HB18-1418 Amended, referred to the Committee of the Whole

SB18-059 - Postponed Indefinitely


11:29:54 AM  

The committee was called to order. A quorum was present. Representative Pabon, prime sponsor, presented Senate Bill 18-059, concerning creation of a public safety information-sharing system.  The committee heard testimony on the bill at its April 27 meeting. Ms. Gabby Reed, representing the Department of Public Safety, made herself available for questions, and responded to questions regarding the grant program created by the bill.

11:40:33 AM  
Representative Pabon explained the effect of amendment L.018 (Attachment A).


11:43:34 AM
Motion Reconsider the adoption of amendment L.017.
Moved Weissman
Seconded Melton
Benavidez Yes
Carver No
Herod Yes
Lundeen No
Melton Yes
Neville P. No
Roberts Yes
Weissman Yes
Willett Yes
Salazar Yes
Lee Yes
YES: 8   NO: 3   EXC: 0   ABS:  0   FINAL ACTION:  PASS


11:44:10 AM
Motion Adopt amendment L.018
Moved Roberts
Seconded Melton
Benavidez
Carver
Herod
Lundeen
Melton
Neville P.
Roberts
Weissman
Willett
Salazar
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
11:44:29 AM  
Representative Pabon explained the effect of amendment L.019 (Attachment B).


11:44:57 AM
Motion Adopt amendment L.019
Moved Salazar
Seconded Melton
Benavidez
Carver
Herod
Lundeen
Melton
Neville P.
Roberts
Weissman
Willett
Salazar
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
11:44:59 AM  
Representative Pabon provided closing remarks in support of SB 18-059.


11:47:40 AM
Motion Refer Senate Bill 18-059, as amended, to the Committee on Appropriations.
Moved Salazar
Seconded Melton
Benavidez No
Carver No
Herod No
Lundeen No
Melton Yes
Neville P. No
Roberts Yes
Weissman No
Willett Yes
Salazar No
Lee No
YES: 3   NO: 8   EXC: 0   ABS:  0   FINAL ACTION:  FAIL


11:48:23 AM
Motion Postpone Senate Bill 18-059 indefinitely.
Moved Salazar
Seconded Weissman
Benavidez Yes
Carver Yes
Herod Yes
Lundeen Yes
Melton No
Neville P. Yes
Roberts No
Weissman Yes
Willett Yes
Salazar Yes
Lee Yes
Final YES: 9   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB18-1427 - Amended, referred to the Committee of the Whole


11:48:47 AM  

Representative Herod, prime sponsor, presented House Bill 18-1427, concerning a prohibition on conflicts of interest of members of the Sex Offenders Management Board (SOMB).  Representative Herod explained the effect of the bill and discussed its need.

11:51:13 AM  

Ms. Sterling Harris, representing the Colorado Organization for Victim Assistance, testified in opposition to the bill. Ms. Harris discussed opposition to having a polygrapher on the SOMB. Ms. Allison Boyd, representing the Colorado Organization for Victim Assistance, and testifying as a victim representative on the SOMB, testified in opposition to the bill. She discussed the importance of polygraph as a tool in sex offender management.

11:55:49 AM  

Mr. Chris Lobanov-Rostovsky, representing the Colorado Department of Public Safety, testified on HB 18-1427 from a neutral position.  Mr. Lobanov-Rostovsky discussed the constitution of the SOMB, and certain ramifications of passing the bill.  Mr. Lobanov-Rostovsky responded to questions regarding conflict-of-interest rules governing the SOMB

12:01:22 PM  

Ms. Dale Jenkins, representing herself, testified in support of the bill. She discussed conflicts of interest on the SOMB, contrary to recommendations of an outside evaluator. Mr. Roger Kincaid, representing Advocates for Change, testified in support of the bill. Mr. Augustine Garcia, representing Advocates for Change and Colorado COSA, testified in support of the bill. Mr. Garcia questioned the efficacy of using polygraph for sex offender management, and discussed conflicts of interest on the SOMB. Ms. Amanda Gall, representing the Colorado District Attorneys' Council, testified in support of the bill. Ms. Gall expressed support for the bill and amendment L.001 (Attachment C), and clarified her position on the use of polygraph. She addressed issues raised during earlier testimony. Ms. Gall responded to questions regarding the effect of HB 18-1427 on the constitution of the SOMB.  Discussion ensued regarding the outside party that conducted an evaluation of the SOMB.

12:17:05 PM  

Representative Herod explained the effect of amendments L.001 and L.002 (Attachment D).



12:18:58 PM
Motion Adopt amendment L.001
Moved Herod
Seconded Weissman
Benavidez
Carver
Herod
Lundeen
Melton
Neville P.
Roberts
Weissman
Willett
Salazar
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


12:19:16 PM
Motion Adopt amendment L.002
Moved Herod
Seconded Weissman
Benavidez
Carver
Herod
Lundeen
Melton
Neville P.
Roberts
Weissman
Willett
Salazar
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


12:26:01 PM
Motion Refer House Bill 18-1427, as amended, to the Committee of the Whole.
Moved Herod
Seconded Salazar
Benavidez Yes
Carver Yes
Herod Yes
Lundeen Yes
Melton Yes
Neville P. Yes
Roberts Yes
Weissman Yes
Willett Yes
Salazar Yes
Lee Yes
Final YES: 11   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB18-1418 - Committee Discussion Only




HB18-1418 - Amended, referred to the Committee of the Whole


12:26:17 PM  

Representative Weissman, prime sponsor, presented House Bill 18-1418, concerning the use of criminal convictions in employment.  The committee briefly discussed the bill at its April 26 meeting.  Representative Weissman explained the effect of the bill and discussed its need. Representative Weissman explained the effect of amendment L.001 (Attachment  E). Discussion ensued regarding support for the bill.

12:35:14 PM  
Mr. Mark Evans, representing the Office of the State Public Defender, testified in support of the bill. Mr. Evans discussed the work of the working group studying collateral consequences, and the impact of the bill on certain classes allowed to be barred from employment by the bill. Ms. Karen McGovern, representing the Department of Regulatory Agencies, made herself available to answer questions. Ms. McGovern responded to questions regarding her agency's ability to administer HB 18-1418. Mr. Jack Regenbogen, representing the Colorado Center on Law and Policy, testified in support of the bill. Mr. Regenbogen discussed the benefits of reducing the impact of collateral consequences. Ms. Laura Long, representing the Associated General Contractors of Colorado, testified in support of the bill. Ms. Long discussed the shortage of construction workers in Colorado, and the impact of criminal histories on this shortage. Discussion ensued regarding the number of people in Colorado with criminal histories.


12:44:35 PM
Motion Adopt amendment L.001
Moved Weissman
Seconded Salazar
Benavidez
Carver
Herod
Lundeen
Melton
Neville P.
Roberts
Weissman
Willett
Salazar
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
12:44:36 PM  
Representative Lee provided his position on HB 18-1418. Representative Weissman provided closing remarks in support of the bill.


12:47:57 PM
Motion Refer House Bill 18-1418, as amended, to the Committee of the Whole.
Moved Weissman
Seconded Salazar
Benavidez Yes
Carver Yes
Herod Yes
Lundeen Yes
Melton Yes
Neville P. Yes
Roberts Yes
Weissman Yes
Willett Yes
Salazar Yes
Lee Yes
Final YES: 11   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS


12:48:15 PM   Committee Adjourned






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