H_JUD_2021A 03/09/2021 01:35:26 PM Committee Summary

The committee was called to order. All members were present. Representative A. Valdez, prime sponsor, presented House Bill 21-1090, concerning certain criminal marijuana offenses. Representative Valdez explained the effect of the bill and discussed its need. Representative Valdez responded to questions about laws that have been passed in recent years with respect to recreation marijuana.

The following persons testified regarding HB 21-1090:

Jason Adelstone, representing Vicente Sederberg, testified in support of the bill.

Hashim Coates, representing Black Brown and Red Badged, testified in support of the bill.

Michael Diaz-Rivera, representing himself, testified in support of HB 21-1090.

Tristan Gorman, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Gorman responded to questions regarding the scope of the bill, and record-sealing provisions of the bill. Representative Weissman provided clarification on these issues. Ms. Gorman responded to questions regarding the populations that would be impacted by the bill in terms of demography. Ms. Gorman responded to further questions regarding the record-sealing process, and the impact of having a marijuana conviction on one's record. Discussion ensued regarding record sealing for marijuana cultivation crimes under the bill.

Jordan Wellington, representing VS Strategies, testified in support of HB 21-1090.

Tim Lane, representing the Colorado District Attorney's Council, clarified his organization's position on HB 21-1090. Discussion ensued regarding amendment L.001 (Attachment C). Mr. Lane responded to questions regarding how the bill impacts previous legislation concerning record sealing.

Representative Valdez further explained the effect of amendment L.001.

Representative Valdez provided closing remarks in support of HB 21-1090. Various committee members provided their positions on the bill.

Representatives Duran and Rich, prime sponsors, presented House Bill 21-1179, concerning the creation of the "Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act". Representative Duran explained the effect of the bill and discussed its need. Representative Duran responded to questions regarding her support for the bill.

The following persons testified regarding HB 21-1179:

Lindsay Beaver, representing the Uniform Law Commission, testified in support of the bill.

Lydia Waligorski, representing Violence Free Colorado, testified in support of the bill. Ms. Beaver responded to questions regarding the difference in burden of proof for domestic violence cases in Canada as compared to the United States, and enforcement of expired domestic violence protection orders under the bill. Discussion ensued regarding the bill's enforcement mechanisms on the part of law enforcement officers. Ms. Waligorski responded to questions regarding enforcement of domestic violence protection orders from other jurisdictions in Colorado. Discussion ensued regarding the overall intent of the bill. Discussion returned to how local law enforcement will enforce the provisions of the bill, including how law enforcement would verify the validity of a Canadian protection order. Ms. Waligorski responded to questions regarding how a hypothetical fact pattern would be treated under current law as compared to under HB 21-1179.

No amendments were offered to HB 21-1179. The bill sponsors provided closing remarks in support of the bill. Various committee members provided their positions on the bill.