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H_JUD_2021A 03/16/2021 01:32:13 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON JUDICIARY
Date 03/16/2021
Attendance
Bacon X
Benavidez X
Bockenfeld X
Carver X
Daugherty X
Luck X
Lynch *
Roberts X
Woodrow X
Tipper X
Weissman X
Time 01:32:13 PM to 06:24:54 PM
Place HCR 0107
This Meeting was called to order by Weissman
This Report was prepared by Bo Pogue
Hearing Items Action Taken
HB21-1016 Committee Discussion Only
HB21-1165 Referred to the Committee of the Whole
SB21-017 Committee Discussion Only
HB21-1098 Postponed Indefinitely
HB21-1201 Amended, referred to House Finance

HB21-1016 - Committee Discussion Only


01:32:42 PM  

The committee was called to order. A quorum was present. Representatives Ortiz and Lynch, prime sponsors, presented House Bill 21-1016, concerning the authority to transfer jurisdiction of a veteran defendant's case to a jurisdiction with a veteran's  Representative Ortiz explained the effect of the bill and discussed its need. Representative Lynch provided additional input on the bill. Representative Ortiz responded to questions regarding issues associated with transferring cases to new jurisdictions under the bill, and the availability of case transfer for those living in rural areas.

01:46:59 PM  
The following person testified regarding HB 21-1016:

Tom Raynes, representing the Colorado District Attorneys' Council, testified in support of the bill. Mr. Raynes responded to questions regarding the particular aspects of a given case to be adjudicated in a veterans court, and what happens if a transferred offender fails supervision in a veterans court. The chair laid over HB 21-1016.



HB21-1165 - Referred to the Committee of the Whole


01:53:44 PM  

Representatives Duran and Carver, prime sponsors, presented House Bill 21-1165, concerning assistance for victims of strangulation who receive medical examinations. Representative Duran explained the effect of the bill and discussed its need. Representative Carver provided additional input on the merits of the bill. The sponsors screened a brief video to provide background on the bill. Representative Carver responded to questions about gathering evidence of a strangulation through a forensic examination, and the source of funding for compensation under the bill. Discussion ensued regarding the circumstances in which a victim is compensated under the bill.

02:20:05 PM  
The following persons testified regarding HB 21-1165:

Anne Kelly, representing herself, testified in support of the bill.

Margaret Abrams, representing herself, testified in support of the bill.

Melissa Bickford, representing herself, testified in support of the bill.

Ms. Kelly responded to questions regarding the potential for breaking certain language in the bill out into its own paragraph, and who is qualified to conduct a forensic examination under the bill.

02:37:01 PM  
Courtney Sutton, representing herself, testified in support of HB 21-1165.

Elyse Diewald, representing herself, testified in support of the bill.

Julie Rojas, representing herself, testified in support of the bill. Discussion ensued regarding the requirements for being a forensic examiner under the bill.

02:53:38 PM  
LS PSG, representing herself, testified in support of HB 21-1165.

Chelsie Holmes, representing herself, testified in support of the bill.

Lydia Waligorski, representing Violence Free Colorado, testified in support of the bill.

Ms. Holmes responded to questions regarding training for law enforcement to detect signs of strangulation. Ms. Waligorski provided additional input on this issue. Discussion ensued regarding questions raised during earlier discussion about subdividing certain language in the bill into its own paragraph.

03:10:56 PM  
No amendments were offered to HB 21-1165. The bills sponsors provided closing remarks in support of the bill. Various committee members discussed the merits of the legislation.


03:17:10 PM
Motion Refer House Bill 21-1165 to the Committee of the Whole.
Moved Carver
Seconded Tipper
Bacon Yes
Benavidez Yes
Bockenfeld Yes
Carver Yes
Daugherty Excused
Luck Yes
Lynch Yes
Roberts Yes
Woodrow Yes
Tipper Yes
Weissman Yes
Final YES: 10   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS



SB21-017 - Committee Discussion Only


03:17:20 PM  
The committee recessed.
03:24:16 PM  

The committee returned to order. Representatives Larson and Bradfield, prime sponsors, presented Senate Bill 21-017, concerning sexual contact between a student and an educator in violation of the public trust. The prime sponsors explained the effect of the bill and discussed its need. Representative Larson responded to questions regarding the definition of "educator" in the bill, and criminal penalties in the bill. Representative Bradfield provided input on the levying of criminal penalties under the bill. Discussion ensued regarding circumstances that would not be covered by the bill, and an exemption in the bill for certain relationships. Discussion followed regarding the definition of "sexual contact" in the bill. Discussion returned to the criminal penalties in the bill Discussion turned to the power dynamic element in the bill, and civil liability for the actions invoked by the bill.

03:56:17 PM  
The following persons testified on SB 21-017:

Anne Auld, representing Illuminate Colorado, spoke in support of amending the bill.

Dawn Khederian, representing herself, testified in support of the bill. Ms. Khederian addressed questions raised during earlier discussion.

Amber Khederian, representing herself, testified in support of the bill.

Ms. Dawn Khederian responded to questions regarding other professional relationships that involve sanctions for sexual advances, such as a doctor/patient relationship. Ms. Khederian responded to further questions regarding an exemption in the bill for certain acts perpetrated by an educator who is within four years of age of the student.

04:17:29 PM  
The chair laid over SB 21-017.



HB21-1098 - Postponed Indefinitely


04:19:12 PM  
The committee recessed.
04:26:26 PM  
The committee returned to order. Representative
Woog, prime sponsor, presented House Bill 210-1098, concerning civil liability
for preventing a person rom defending himself or herself using a firearm
as a result of an order issued pursuant to article 14.5 of title 13, Colorado
Revised Statutes. Representative Woog explained the effect of the bill
and discussed its need. Representative Woog restricted his comments to
amendment L.003, a strike-below amendment.
04:29:19 PM  
The following persons testified regarding HB 21-1098:

Eileen McCarron, representing Colorado Ceasefire, testified in opposition to the bill.

Mary Parker, representing herself, testified in opposition to the bill.

Valerie Schlecht, representing the Colorado Cross-Disability Coalition, testified in opposition to the bill.

Lydia Waligorski, representing Violence Free Colorado, testified in opposition to the bill.

Keith Burgess, representing himself, testified in support of the bill.

Lesley Hollywood, representing Rally for Our Rights, testified in support of the bill.

Ronald Dietz, representing himself, testified in support of the bill.

Robert Edmiston, representing the Firearms Coalition of Colorado, testified in support of the bill.

Michael Stapleton, representing himself, testified in support of the bill.



05:13:14 PM
Motion Adopt amendment L.003
Moved Carver
Seconded Luck
Bacon
Benavidez
Bockenfeld
Carver
Daugherty
Luck
Lynch
Roberts
Woodrow
Tipper
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
05:13:16 PM  
Representative Woog provided closing remarks in support of HB 21-1098. Various committee members provided their positions on the bill.


05:21:09 PM
Motion Refer House Bill 21-1098, as amended, to the Committee on Appropriations.
Moved Carver
Seconded Lynch
Bacon No
Benavidez No
Bockenfeld Yes
Carver Yes
Daugherty No
Luck Yes
Lynch Yes
Roberts No
Woodrow No
Tipper No
Weissman No
YES: 4   NO: 7   EXC: 0   ABS:  0   FINAL ACTION:  FAIL


05:21:51 PM
Motion Postpone House Bill 21-1098 indefinitely.
Moved Tipper
Seconded Woodrow
Bacon Yes
Benavidez Yes
Bockenfeld No
Carver No
Daugherty Yes
Luck No
Lynch No
Roberts Yes
Woodrow Yes
Tipper Yes
Weissman Yes
Final YES: 7   NO: 4   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB21-1201 - Amended, referred to House Finance


05:22:02 PM  

Representatives Tipper and Gonzales-Gutierrez, prime sponsors, presented House Bill 21-1201, concerning transparency of penal communications service providers in correctional facilities. Representative Gonzales-Gutierrez explained the effect of the bill and discussed its need. Representative Tipper provided additional input on the bill, and explained some differences between HB 21-1201 and similar legislation from a previous year.

05:31:46 PM  
The following persons testified regarding HB 21-1201:

Amber Johnson, representing herself, testified in support of the bill.

Kelly Brasier, representing herself, testified in support of the bill.

James Anthony, representing himself, testified in support of the bill.

Helen Griffiths, representing the ACLU, testified in support of the bill.

Aaron Greco, representing the Department of Corrections, testified in support of the bill.

Discussion ensued regarding the benefits of "normalization" within the prison system, including increasing communication between offenders and families. Discussion followed regarding the amount of money involved in offender phone calls.

05:58:49 PM  
Melanie Kesner, representing the Interfaith Alliance of Colorado, testified in support of the bill.

Elisabeth Epps, representing the Colorado Freedom Fund, testified in support of HB 21-1201.

Kristen Seidel, representing the Women's Lobby of Colorado, testified in support of the bill.

Jamie Ray, representing the Second Chance Center, testified in support of the bill.

06:09:49 PM  
L001 and 2


06:12:14 PM
Motion Adopt amendment L.002
Moved Tipper
Seconded Roberts
Bacon
Benavidez
Bockenfeld
Carver
Daugherty
Luck
Lynch
Roberts
Woodrow
Tipper
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
06:12:16 PM  
L.001
06:15:34 PM  
Discussion ensued
regarding the need to collect data on phone rates for offenders if amendment
L.001 passes.  Representative Gonzales-Gutierrez responded to questions
regarding the fiscal note.


06:20:36 PM
Motion Adopt amendment L.001
Moved Tipper
Seconded Daugherty
Bacon
Benavidez
Bockenfeld
Carver
Daugherty
Luck
Lynch
Roberts
Woodrow
Tipper
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
06:20:39 PM  
The bill sponsors provided closing remarks in support of HB 21-1201. Various committee members provided their positions on the bill.


06:24:32 PM
Motion Refer House Bill 21-1201, as amended, to the Committee on Finance.
Moved Tipper
Seconded Daugherty
Bacon Yes
Benavidez Yes
Bockenfeld No
Carver Yes
Daugherty Yes
Luck Yes
Lynch No
Roberts Yes
Woodrow Yes
Tipper Yes
Weissman Yes
Final YES: 9   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS


06:24:54 PM   The committee adjourned.






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