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H_JUD_2018A 05/04/2018 12:05:16 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON JUDICIARY
Date 05/04/2018
Attendance
Benavidez X
Carver E
Herod X
Lundeen X
Melton X
Roberts X
Weissman X
Willett X
Wist X
Salazar *
Lee X
Time 12:05:16 PM to 01:49:16 PM
Place HCR 0112
This Meeting was called to order by Lee
This Report was prepared by Bo Pogue
Hearing Items Action Taken
HB18-1439 Postponed Indefinitely
SB18-252 Amended, referred to House Appropriations

HB18-1439 - Postponed Indefinitely


12:08:30 PM  

The committee was called to order. A quorum was present. Representative Winkler, prime sponsor, presented House Bill 18-1439, concerning a prohibition on displaying a sign on a vehicle denying liability for items escaping from the vehicle.  Representative Winkler explained the effect of the bill and discussed its need. Representative Winkler responded to questions regarding laws in other states governing liability associated with materials spilling out of vehicles. Discussion ensued regarding signs on vehicles constituting false advertising, and whether the offense created by the bill is a primary offense. Representative Winkler responded to questions regarding how the offense comports with certain transportation-related interstate compacts, and federal regulation pertaining to signage on vehicles. Discussion ensued regarding incidents of gravel causing damage to vehicles.  Discussion returned to whether the bill's offense is a primary offense.

12:29:25 PM  

Representative Winkler responded to questions regarding the position of certain stakeholders on the bill.  Discussion ensued regarding what language is being prohibited by the bill.

12:34:25 PM  
No one testified regarding HB 18-1439, and no amendments were offered to the bill. Various committee members provided their positions on the bill, and Representative Winkler provided closing remarks in support of the bill.


12:47:52 PM
Motion Refer House Bill 18-1439 to the Committee on Appropriations.
Moved Lundeen
Seconded Wist
Benavidez No
Carver Excused
Herod No
Lundeen Yes
Melton No
Roberts No
Salazar No
Weissman No
Wist Yes
Lee No
Willett Yes
YES: 3   NO: 7   EXC: 1   ABS:  0   FINAL ACTION:  FAIL


12:48:33 PM
Motion Postpone House Bill 18-1439 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely.
Moved Melton
Seconded Herod
Benavidez Yes
Carver Excused
Herod Yes
Lundeen No
Melton Yes
Roberts Yes
Salazar Yes
Weissman Yes
Wist No
Lee Yes
Willett No
Final YES: 7   NO: 3   EXC: 1   ABS:  0   FINAL ACTION:  PASS



SB18-252 - Amended, referred to House Appropriations

12:51:09 PM  

Representatives Lee and Young, co-prime sponsors, presented Senate Bill 18-252, concerning actions related to determinations of competency to proceed.  Representative Lee explained the effect of the bill and discussed its need.

12:58:13 PM  

Representative Lee explained the effect of amendments L.007 (Attachment A), L.008 (Attachment B), L.009 (Attachment C), L.012 (Attachment D), and L.013 (Attachment E).  Discussion ensued regarding the effect of amendment L.008.

01:06:51 PM  

Mr. Reggie Bicha, Director of the Department of Human Services, testified in support of the bill. Director Bicha discussed inpatient restoration, and the time periods associated with conducting competency evaluations under the bill. He spoke in support of amendments L.010 (Attachment F) and L.011 (Attachment G).  Dr. Robert Werthwein, representing the Department of Human Services, discussed how decisions should be made about whether competency restoration services should be provided on an in-patient or out-patient basis. Committee members received a bell-curve chart about lengths of stay for restorations (Attachment H). Discussion ensued regarding amendments L.008, L.010, and L.011. Dr. Werthwein responded to questions regarding how in-custody restoration services will be provided under the bill, and the conduct of the Restoring Individuals Safely and Effectively (RISE) program on an expanded basis in jails. Discussion returned to amendment L.010.

01:23:48 PM  

Mr. Doug Wilson, State Public Defender, testified regarding SB 18-252.  Mr. Wilson explained that there is no compromise among stakeholders regarding the lengths of stay for competency restorations, and spoke in opposition to jail-based restorations.  Ms. Maureen Cain, representing the Office of the State Public Defender, testified regarding the bill. Ms. Cain discussed some provisions in the bill that will mitigate a class-action lawsuit concerning competency restorations. Dr. Joshua Griffiths, representing the Colorado Psychiatric Society, testified in support of the bill. He discussed the effect of the bill in the area of triage, and addressed earlier discussion about the length of stay for competency restorations. Discussion returned to the triage issue. The committee recessed.

01:41:25 PM  

The committee returned to order. Discussion ensued regarding stakeholder opinion on the bill.



01:45:20 PM
Motion Adopt amendment L.012
Moved Lee
Seconded Salazar
Benavidez
Carver Excused
Herod
Lundeen
Melton
Roberts
Weissman
Willett
Wist
Salazar
Lee
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection


01:47:55 PM
Motion Adopt amendment L.013
Moved Lee
Seconded Salazar
Benavidez No
Carver Excused
Herod Yes
Lundeen No
Melton Yes
Roberts No
Weissman Yes
Willett No
Wist No
Salazar Yes
Lee Yes
YES: 5   NO: 5   EXC: 1   ABS:  0   FINAL ACTION:  FAIL


01:49:00 PM
Motion Refer Senate Bill 18-252, as amended, to the Committee on Appropriations.
Moved Lee
Seconded Herod
Benavidez Yes
Carver Excused
Herod Yes
Lundeen Yes
Melton Yes
Roberts Yes
Weissman Yes
Willett Yes
Wist Yes
Salazar Yes
Lee Yes
Final YES: 10   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS


01:49:16 PM   Committee Adjourned






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