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H_JUD_2020A 03/03/2020 01:37:59 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON JUDICIARY
Date 03/03/2020
Attendance
Benavidez X
Carver X
Gonzales-Gutierrez *
McKean *
Roberts X
Soper X
Tipper X
Herod X
Weissman X
Time 01:37:59 PM to 04:27:27 PM
Place HCR 0112
This Meeting was called to order by Representative Weissman
This Report was prepared by Meghan MacKillop
Hearing Items Action Taken
HB20-1291 Amended, referred to the Committee of the Whole
HB20-1307 Amended, referred to the Committee of the Whole
SB20-016 Postponed Indefinitely

X = Present, E = Excused, A = Absent, * = Present after roll call

HB20-1291 - Amended, referred to the Committee of the Whole


01:38:21 PM  
Representative Tipper, sponsor, presented House Bill 20-1291, concerning the Uniform Collaborative Law Act. The bill authorizes a collaborative law process that allows disputes to be resolved without intervention by a court or tribunal.
01:41:42 PM  

The following panel testified on the bill:

Terri Herrington, representing the Family Law Section of the Colorado Bar Association (CBA), testified in support of the bill. She stated that collaborative law offers a streamlined way for clients to receive legal advice, specifically within family law and divorce proceedings.

Ann Gushurst, representing herself, testified in support of the bill. She stated that traditional litigation techniques do not address a majority of issues that arise within a divorce court proceeding, and a collaborative law process would benefit parties in family court.

Meggin Rutherford, representing herself, testified in support of the bill and discussed the benefits of collaborative law.

The panel responded to questions from the committee regarding fields of law that would benefit from utilizing a collaborative process, including probate, employment law, collections, and medical malpractice. The panel responded to questions regarding rules of professional conduct in a collaborative process.

02:01:33 PM  

The following panel testified on the bill:

Bert Dempsey, representing himself as a member of Colorado Collaborative Divorce Professionals (CCDP), testified in support of the bill.

Kristi Anderson Wells, representing CCDP, stated that she was available for questions.

Marie Moses, representing the Colorado Bar Association, testified in support of the bill and stated that collaborative law is an important option in family law disputes. She stated that the CBA has encouraged several amendments, and spoke to Amendment L.001 and Amendment L.002, which were distributed to members (Attachments A and B).

02:07:57 PM  
The committee recessed.
02:08:13 PM  
The committee came back to order.
02:09:26 PM  
Representative Tipper moved and discussed Amendment L.001 (Attachment A).


02:11:22 PM
Motion Adopt amendment L.001
Moved Tipper
Seconded Herod
Benavidez
Carver
Gonzales-Gutierrez Excused
McKean Excused
Roberts
Soper
Tipper
Herod
Weissman
YES: 0   NO: 0   EXC: 2   ABS:  0   FINAL ACTION:  Pass Without Objection
02:11:24 PM  
Representative Tipper moved and discussed Amendment L.002 (Attachment B).


02:12:59 PM
Motion Adopt amendment L.002
Moved Tipper
Seconded McKean
Benavidez
Carver
Gonzales-Gutierrez Excused
McKean
Roberts
Soper
Tipper
Herod
Weissman
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection
02:13:02 PM  
Representative Tipper made concluding comments on the bill.


02:15:57 PM
Motion Refer House Bill 20-1291, as amended, to the Committee of the Whole.
Moved Tipper
Seconded McKean
Benavidez Excused
Carver Yes
Gonzales-Gutierrez Excused
McKean Yes
Roberts Yes
Soper Yes
Tipper Yes
Herod Yes
Weissman Yes
Final YES: 7   NO: 0   EXC: 2   ABS:  0   FINAL ACTION:  PASS



HB20-1307 - Amended, referred to the Committee of the Whole


02:16:10 PM  
Representatives Herod and Soper, co-prime sponsors, presented House Bill 20-1307, concerning the use of a panic defense unless the party can show its relevance to the court. The bill bans the use of a victim's sexual orientation or gender identity as a defense in criminal cases and creates a hearing if a party claims that the evidence is relevant to the case. The bill sponsors responded to questions from the committee regarding the bill.
02:31:10 PM  

The following panel testified on the bill:

Michael Dougherty, District Attorney for the 20th Judicial District, testified in support of the bill.

Allison Boyd, Colorado Victim's Assistance, testified in support of the bill.

Amanda Gall, Colorado District Attorney's Council, testified in support of the bill. She stated that all 64 district attorney's offices are in support of the bill.

The panel responded to questions from the committee regarding the language in the bill and how the language would impact the right to self defense as viable defenses in a criminal case.  Committee discussion ensued.

03:05:02 PM  

Beth McCann, Denver District Attorney, testified in support of the bill. She discussed the bill's application. Laura MacWaters, representing herself, testified in favor of the measure. She discussed issues specific to transgender individuals and other related cases. Jason Prussman, representing himself, spoke in support of the bill. He discussed violence against the LGBTQ community.

03:12:20 PM  
Moe Keller, representing Mental Health Colorado, testified in support of the bill. She discussed equal rights and discrimination.
03:15:12 PM  
Sophia San Miguel, representing herself, testified about the bill.
03:18:02 PM  

Herod distributed and explained Amendment L.001 (Attachment C).



03:19:59 PM
Motion Adopt amendment L.001
Moved Herod
Seconded Soper
Benavidez Excused
Carver
Gonzales-Gutierrez Excused
McKean
Roberts
Soper
Tipper
Herod
Weissman
YES: 0   NO: 0   EXC: 2   ABS:  0   FINAL ACTION:  Pass Without Objection
03:20:08 PM  

Representatives Herod and Soper made concluding remarks regarding the bill.

03:24:42 PM  

Committee discussion ensued regarding the bill.

03:26:26 PM  

The committee recessed.

03:29:37 PM  

Committee discussion regarding the bill continued.



03:35:40 PM
Motion Refer House Bill 20-1307, as amended, to the Committee of the Whole.
Moved Soper
Seconded Herod
Benavidez Excused
Carver No
Gonzales-Gutierrez Yes
McKean No
Roberts Yes
Soper Yes
Tipper Yes
Herod Yes
Weissman Yes
Final YES: 6   NO: 2   EXC: 1   ABS:  0   FINAL ACTION:  PASS



SB20-016 - Postponed Indefinitely


03:36:00 PM  
The committee recessed.
03:36:20 PM  
The committee came back to order.
03:52:37 PM  
Representative Soper, sponser, presented Senate Bill 20-016, concerning amending the existent parent notification law to require notification of charges brought against public school employees relating to the provision of illegal substances to students. The bill adds the sale or distribution of certain controlled substances and unlawfully providing alcohol to students under the age of 21 to the current list of criminal charges that require notification to parents of students. Representative Soper responded to questions from the committee.
03:58:44 PM  
Luke Ragland, representing Ready Colorado, testified in support of the bill and responded to questions from the committee.
04:10:12 PM  
Representative Soper responded to questions from the committee, and Mr. Ragland also answered committee questions. Committee discussion ensued.
04:12:16 PM  
Brita Darling, Office of Legislative Legal Services, responded to questions from the committee regarding the specific charges that would trigger the notification requirement in the bill.
04:15:07 PM  
Sophia San Miguel, representing herself, testified in support of the bill.
04:20:10 PM  
The committee recessed.
04:20:57 PM  
The committee came back to order.
04:21:22 PM  
Representative Soper made concluding comments on the bill, and committee discussion ensued.


04:26:15 PM
Motion Refer Senate Bill 20-016 to the Committee of the Whole.
Moved Soper
Seconded McKean
Benavidez No
Carver Yes
Gonzales-Gutierrez Excused
McKean Yes
Roberts No
Soper Yes
Tipper No
Herod No
Weissman Yes
YES: 4   NO: 4   EXC: 1   ABS:  0   FINAL ACTION:  FAIL


04:27:07 PM
Motion Postpone Senate Bill 20-016 indefinitely.
Moved Herod
Seconded Benavidez
Benavidez Yes
Carver No
Gonzales-Gutierrez Excused
McKean No
Roberts Yes
Soper No
Tipper Yes
Herod Yes
Weissman Yes
Final YES: 5   NO: 3   EXC: 1   ABS:  0   FINAL ACTION:  PASS


04:27:27 PM   The committee adjourned.






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