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S_JUD_2016A 03/21/2016 01:30:41 PM Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON JUDICIARY

Date: 03/21/2016
ATTENDANCE
Time: 01:30 PM to 02:26 PM
Aguilar
X
Cooke
X
Place: LSB B
Merrifield
X
Lundberg
X
This Meeting was called to order by
Roberts
X
Senator Roberts
This Report was prepared by
Conrad Imel
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB16-1182

HB16-1104

HB16-1190
Referred to the Committee of the Whole - Consent Calendar

Referred to the Committee of the Whole - Consent Calendar

Referred to the Committee of the Whole





01:30 PM -- HB16-1182



Senator Roberts, chair, called the committee to order. A quorum was present. Senator Cooke, co-prime sponsor, presented House Bill 16-1182, concerning the continuation of the Commodity Metals Theft Task Force (task force). Senator Cooke discussed the reasons for the creation of the task force and its work. He also explained specific provisions of the bill.



01:34 PM --
Mr. RJ Hicks, representing the Institute of Scrap Recycling Industries, testified in support of the bill. Mr. Hicks discussed the history of the task force, and issues that arose following the creation of the task force. He also discussed reasons to support the bill, and the groups that support the bill. He explained the goals of the task force.



01:43 PM --
Mr. Bobby Juchem, representing the Colorado State Patrol, testified in support of the bill.



01:44 PM --
Mr. Barry Springer, representing Colorado Rural Electric Association, testified in support of the bill. He discussed copper and aluminum theft, and the danger it may cause.



01:46 PM --
Mr. Michael Cohen, representing himself, testified in support of the bill, and asked for the committee's support. He responded to questions regarding the sale of copper.



01:49 PM --
Mr. Chris Johnson, representing the County Sheriffs of Colorado, testified in support of the bill.



01:50 PM --
Ms. Cathy Norris, representing BNSF Railway, testified in support of the bill. She stated that the task force is used as a model in other states, and discussed issues that the bill addresses.















01:52 PM --
Ms. Ellen Graham, representing the Colorado Department of Regulatory Agencies, made herself available for questions. There were no questions.



Senator Heath, co-prime sponsor, provided closing remarks on the bill.

BILL: HB16-1182
TIME: 01:54:33 PM
MOVED: Cooke
MOTION: Refer House Bill 16-1182 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Aguilar
Yes
Cooke
Yes
Merrifield
Yes
Lundberg
Yes
Roberts
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





01:55 PM -- HB16-1104



Senator Cooke, sponsor, presented House Bill 16-1104, concerning the issuance of a summons in lieu of a warrant for certain non-violent offenses. Senator Cooke explained the existing law and changes made by the bill.



01:57 PM --
Ms. Janet Huffor, representing the El Paso County Sheriff's Office and the County Sheriffs of Colorado, testified in support of the bill. Ms. Huffor discussed the reasons for the bill, including specific information about the jail in El Paso County.



02:00 PM --
Undersheriff Joe Breister, representing the El Paso County Sheriff's Office, testified in support of the bill. He discussed situations in which the provisions of the bill would apply. He stated that the Colorado District Attorneys' Council supports the bill.



02:04 PM --
Ms. Maureen Cain, representing the Colorado State Public Defender and the Colorado Criminal Defense Institute, testified in support of the bill. She discussed the work of the Colorado Commission on Criminal and Juvenile Justice.

































02:06 PM



Senator Cooke provided closing remarks on the bill.

BILL: HB16-1104
TIME: 02:07:14 PM
MOVED: Cooke
MOTION: Refer House Bill 16-1104 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Aguilar
Yes
Cooke
Yes
Merrifield
Yes
Lundberg
Yes
Roberts
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





02:08 PM -- HB16-1190



Senator Cooke, sponsor, presented House Bill 16-1190, concerning the use of deadly force in a detention facility. Senator Cooke explained the purpose of the bill, which amends the existing "Make My Day" law.



02:09 PM --
Undersheriff Joe Breister, representing the El Paso County Sheriff's Office and the County Sheriffs of Colorado, testified in support of the bill. He explained that the bill would protect those working in correctional facilities and offenders incarcerated in those facilities.



02:12 PM --
Mr. Jay Kirby, representing the Colorado Department of Corrections (DOC), testified in support of the bill. Mr. Kirby stated that the bill would permit the DOC to be involved with certain prosecutions regarding events in correctional facilities.



02:14 PM --
Ms. Brittny Lewton, District Attorney for the Thirteenth Judicial District, testified in support of the bill. Ms. Lewton discussed a situation in which the existing law amended by HB 16-1190 was used by inmates as a defense in a criminal prosecution.



02:21 PM --
Mr. James Bullock, District Attorney for the Sixteenth Judicial District, testified in support of the bill. Mr. Bullock stated that he has chosen not to prosecute certain cases based on the existing law.






















BILL: HB16-1190
TIME: 02:25:08 PM
MOVED: Cooke
MOTION: Refer House Bill 16-1190 to the Committee of the Whole. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Aguilar
Yes
Cooke
Yes
Merrifield
Yes
Lundberg
Yes
Roberts
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





02:26 PM



The committee adjourned.


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