PUBLIC STAFF SUMMARY OF MEETING HOUSE COMMITTEE ON JUDICIARY
Date |
02/04/2020 |
Attendance |
Benavidez |
E |
Carver |
X |
Gonzales-Gutierrez |
X |
Pelton |
X |
Roberts |
X |
Soper |
X |
Tipper |
X |
Herod |
X |
Weissman |
X |
|
Time |
03:39:55 PM to 07:11:33 PM |
Place |
HCR 0112 |
This Meeting was called to order by |
Representative Weissman |
This Report was prepared by |
Jeanette Chapman |
|
Hearing Items |
Action Taken |
hHB20-1148 |
Referred to the Committee of the Whole |
hHB20-1120 |
Amended, referred to House Finance |
hHB20-1118 |
Referred to House Finance |
hHB20-1054 |
Committee Discussion Only |
|
|
|
X = Present, E = Excused, A = Absent, * = Present after roll call |
03:40:01 PM |
Representative Weissman made opening remarks on the committee schedule.
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HB20-1148 - Referred to the Committee of the Whole
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03:41:00 PM |
Representative Soper introduced House Bill 20-1148, concerning offenses against deceased human bodies. The bill increases the criminal penalty from a class 2 misdemeanor to a class 6 felony for offenses committed against a deceased human body. He provided a handout to the committee (Attachment A).
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03:43:14 PM |
Debra Schum, representing herself, spoke in favor of the bill. She presented remotely from Colorado Mesa University - Grand Junction (CMU GJ).
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03:45:53 PM |
Judy Cressler, representing herself, spoke in favor of the bill. She presented her testimony remotely from CMU GJ.
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03:49:19 PM |
Ann Holland, representing herself, spoke in favor of the bill. She testified remotely from CMU GJ.
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03:52:46 PM |
Joy Christian, representing herself, spoke in favor of the bill. She presented her testimony remotely from CMU GJ.
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03:56:46 PM |
Sharon Anable, representing herself, spoke in favor of the bill. She presented her testimony remotely from CMU GJ.
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04:01:18 PM |
Chrissy Hartman, representing herself, spoke in favor of the bill. She presented her testimony remotely from CMU GJ.
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04:03:33 PM |
Wanda Sessions, representing herself, spoke in favor of the bill. She presented her testimony remotely from CMU GJ.
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04:15:23 PM |
Erin Smith, representing herself, spoke in favor of the bill. She presented her testimony remotely from Colorado Mesa University - Montrose (CMU Montrose).
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04:15:54 PM |
Charlotte Schendel, representing herself, spoke in favor of the bill. She presented her testimony remotely from CMU Montrose.
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04:19:11 PM |
Rick Neuendorf, representing himself, spoke in favor of the bill. He presented his testimony remotely from CMU Montrose.
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04:22:05 PM |
Kristine Burggraf, representing herself, spoke in favor of the bill. She presented her testimony remotely from CMU Montrose.
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04:25:34 PM |
Alena Holloman, representing herself, spoke in favor of the bill. She presented her testimony remotely from CMU Montrose.
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04:28:57 PM |
Jean Hewlett, representing herself, spoke in favor of the bill. She presented her testimony remotely from CMU Montrose.
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04:31:20 PM |
Lance Borne, Delta County Coroner, spoke in favor of the bill. He presented his testimony remotely from CMU Montrose.
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04:34:15 PM |
Kathy Oatis, Colorado Coroners Association, spoke in favor of the bill.
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04:36:00 PM |
Timothy Lane, Colorado District Attorney Association, made himself available for questions.
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04:36:58 PM |
Representative Soper responded to questions from the committee.
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04:37:42 PM |
Mr. Lane responded to questions from the committee.
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04:42:39 PM |
Representative Soper made closing comments on the merits of the bill.
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04:46:30 PM
|
Motion |
Refer House Bill 20-1148 to the Committee of the Whole. |
|
Moved |
Soper |
|
Seconded |
Tipper |
|
|
|
|
Benavidez |
Excused |
|
|
Carver |
Yes |
|
|
Gonzales-Gutierrez |
Yes |
|
|
Pelton |
Yes |
|
|
Roberts |
Yes |
|
|
Soper |
Yes |
|
|
Tipper |
Yes |
|
|
Herod |
Yes |
|
|
Weissman |
Yes |
|
|
Final |
YES: 8 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS |
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|
HB20-1120 - Amended, referred to House Finance
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04:46:58 PM |
Representative Carver and Representative Roberts introduced House Bill 20-1120, concerning enforcement of sexual exploitation of a child. The bill makes sexual exploitation of a child an extraordinary risk crime, creates a new surcharge on offenders, creates a grant program, and updates related statutory definitions. The sponsors provided a handout to the committee (Attachment B).
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04:53:17 PM |
Representative Carver responded to questions from the committee.
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04:55:41 PM |
Brian Hardonin, Larimer County District Attorney's office, spoke in favor of the bill.
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04:58:51 PM |
Diana Goldberg, Sungate Kids, spoke in favor of the bill.
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04:59:26 PM |
Amanda Gall, Colorado District Attorneys Council, spoke in favor of the bill.
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05:01:22 PM |
Detective Patrick Gallagher, El Paso County Sheriff's office, spoke in favor of the bill.
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05:05:48 PM |
Ms. Gall responded to questions from the committee.
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05:07:21 PM |
Christian Mohr, Colorado Bureau of Investigation, spoke neutrally about the bill.
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05:12:49 PM |
Representative Carver distributed two letters in support of the bill and read a letter from Kelly Dore, National Center Trafficking Survivor Coalition, in support of the bill (Attachments C and D).
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05:20:26 PM |
Representative Carver distributed and discussed amendments L.004, L.005, and L.007 (Attachment E, F, and G).
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05:25:12 PM
|
Motion |
Adopt amendment L.005 (Attachment F). |
|
Moved |
Carver |
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Seconded |
Roberts |
|
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|
|
Benavidez |
Excused |
|
|
Carver |
|
|
|
Gonzales-Gutierrez |
|
|
|
Pelton |
|
|
|
Roberts |
|
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|
Soper |
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Tipper |
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Herod |
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|
Weissman |
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YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection |
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05:26:04 PM
|
Motion |
Adopt amendment L.004 (Attachment E). |
|
Moved |
Carver |
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Seconded |
Roberts |
|
|
|
|
Benavidez |
Excused |
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|
Carver |
|
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|
Gonzales-Gutierrez |
|
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Pelton |
|
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Roberts |
|
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Soper |
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Tipper |
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Herod |
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Weissman |
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YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection |
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05:28:18 PM |
Representative Carver discussed amendment L.007 (Attachment G).
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05:32:20 PM
|
Motion |
Adopt amendment L.007 (Attachment G). |
|
Moved |
Roberts |
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Seconded |
Carver |
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|
|
Benavidez |
Excused |
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|
Carver |
|
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|
Gonzales-Gutierrez |
|
|
|
Pelton |
|
|
|
Roberts |
|
|
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Soper |
|
|
|
Tipper |
|
|
|
Herod |
|
|
|
Weissman |
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YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection |
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05:33:05 PM |
The sponsors made closing comments.
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05:34:20 PM |
Committee members made closing comments on the bill.
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05:37:09 PM
|
Motion |
Refer House Bill 20-1120, as amended, to the Committee on Finance. |
|
Moved |
Carver |
|
Seconded |
Roberts |
|
|
|
|
Benavidez |
Excused |
|
|
Carver |
Yes |
|
|
Gonzales-Gutierrez |
Yes |
|
|
Pelton |
Yes |
|
|
Roberts |
Yes |
|
|
Soper |
Yes |
|
|
Tipper |
Yes |
|
|
Herod |
Yes |
|
|
Weissman |
Yes |
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Final |
YES: 8 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS |
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HB20-1118 - Referred to House Finance
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05:47:38 PM |
The committee came back to order.
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05:50:22 PM |
Representative Larson, bill sponsor, presented House Bill 20-1118. The bill expands the definition of a current class 1 traffic misdemeanor for causing serious bodily injury to a vulnerable road user while careless driving to include causing serious bodily injury to anyone while carelessly driving. A violation results in 12 points issued to the driver license, which results in a license being suspended. In addition, the driver may be subject to a restitution order, required to attend a driver improvement course, or be ordered to perform useful public service for no more than 320 hours.
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05:53:32 PM |
Fran Lanzer, Mothers Against Drunk Drivers and Colorado Organization for Victim Assistance, testified in support of the bill.
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05:57:25 PM |
Representative Larson responded to committee questions.
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06:06:18 PM |
Committee members made closing comments.
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06:11:56 PM
|
Motion |
Refer House Bill 20-1118 to the Committee on Finance. |
|
Moved |
Carver |
|
Seconded |
Tipper |
|
|
|
|
Benavidez |
Excused |
|
|
Carver |
Yes |
|
|
Gonzales-Gutierrez |
Yes |
|
|
Pelton |
Yes |
|
|
Roberts |
Yes |
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|
Soper |
Yes |
|
|
Tipper |
Yes |
|
|
Herod |
Yes |
|
|
Weissman |
Yes |
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Final |
YES: 8 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS |
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HB20-1054 - Committee Discussion Only
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06:14:14 PM |
Representative Soper and Roberts, bill sponsors, presented House Bill 20-1054. Under current law, a defendant may withdraw from a plea agreement if a judge decides not to accept specific conditions of the agreement. The bill allows the prosecution to withdraw from a plea agreement as well as the defendant.
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06:19:19 PM |
Karen Taylor, Office of the Colorado State Public Defender, testified against the bill.
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06:24:28 PM |
Jason Middleton, Office of the Colorado State Public Defender, testified against the bill.
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06:29:45 PM |
Ms. Taylor and Mr. Middleton responded to questions.
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06:38:47 PM |
Committee questions continued.
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06:48:21 PM |
Tom Raynes, Colorado District Attorneys Council, testified in support of the bill.
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06:58:36 PM |
Mr. Raynes responded to questions.
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06:59:42 PM |
Representative Roberts and Soper made closing comments.
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07:06:01 PM
|
Motion |
Refer House Bill 20-1054 to the Committee of the Whole. |
|
Moved |
Soper |
|
Seconded |
Roberts |
|
|
|
|
Benavidez |
Excused |
|
|
Carver |
Yes |
|
|
Gonzales-Gutierrez |
No |
|
|
Pelton |
Yes |
|
|
Roberts |
Yes |
|
|
Soper |
Yes |
|
|
Tipper |
No |
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|
Herod |
No |
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|
Weissman |
No |
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YES: 4 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: FAIL |
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07:06:56 PM
|
Motion |
Postpone House Bill 20-1054 indefinitely. |
|
Moved |
Herod |
|
Seconded |
Tipper |
|
|
|
|
Benavidez |
Excused |
|
|
Carver |
No |
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Gonzales-Gutierrez |
Yes |
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Pelton |
No |
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Roberts |
No |
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Soper |
No |
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Tipper |
Yes |
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|
Herod |
Yes |
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|
Weissman |
Yes |
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YES: 4 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: FAIL |
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07:07:00 PM |
Representative Weissman recessed the meeting.
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07:10:11 PM |
Representative Weissman reconvened the meeting. Representative Weissman adjourned the meeting.
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07:11:33 PM |
The committee adjourned. |