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S_JUD_2016A 03/28/2016 01:31:35 PM Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON JUDICIARY

Date: 03/28/2016
ATTENDANCE
Time: 01:31 PM to 03:37 PM
Aguilar
*
Cooke
*
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:
HB16-1215

SB16-150

SB16-153

HB16-1027

HB16-1264

HB16-1224

HB16-1263

HB16-1265

HB16-1263

HB16-1262
Referred to the Committee of the Whole

Amended, Referred to the Committee of the Whole

Referred to the Committee of the Whole - Consent Calendar

Referred to the Committee of the Whole - Consent Calendar

Amended, Referred to the Committee of the Whole

Amended, Referred to the Committee of the Whole

Amended, Referred to the Committee of the Whole

Referred to the Committee of the Whole - Consent Calendar

Amended, Referred to the Committee of the Whole

Amended, Referred to the Committee of the Whole - Consent Calendar





01:31 PM -- HB16-1215



Senator Roberts, chair, called the committee to order. A quorum was present. Senator Guzman, sponsor, presented House Bill 16-1215, concerning changing the statutory purposes of parole to successfully reintegrate parolees into society by providing enhanced supportive services. Senator Guzman discussed parole generally, and the effect of the bill.



01:35 PM --
Mr. Doug Wilson, State Public Defender and vice-chair of the Colorado Commission on Criminal and Juvenile Justice (CCJJ), testified in support of the bill. Mr. Wilson discussed the work of the CCJJ relating to the bill, and the desired effect of the bill. He discussed the provisions of the bill.



01:38 PM --
Mr. Michael Dougherty, representing the Colorado District Attorneys' Council and the First Judicial District, testified in support of the bill. Mr. Dougherty spoke favorably of Mr. Wilson's testimony, and discussed recidivism and the fiscal impact of the bill.



01:40 PM --
Ms. Melissa Roberts, representing the Colorado Department of Corrections, testified in support of the bill. She spoke favorably of the prior two witnesses' testimony, and stated that a general policy goal is to reduce the recidivism rate. She discussed the change in recidivism and prison admissions following recent policy changes.










BILL: HB16-1215
TIME: 01:42:56 PM
MOVED: Merrifield
MOTION: Refer House Bill 16-1215 to the Committee of the Whole. The motion passed on a vote of 4-1.
SECONDED:
VOTE
Aguilar
Yes
Cooke
No
Merrifield
Yes
Lundberg
Yes
Roberts
Yes
Final YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS





01:44 PM -- SB16-150



Senator Steadman, sponsor, presented Senate Bill 16-150, concerning marriages by individuals who are parties to a civil union, and, in connection therewith, prohibiting marriages in circumstances in which one of the parties is already in a civil union with another individual, addressing the legal effect of parties to a civil union marrying each other, clarifying the dissolution process when parties to a civil union marry, and amending the bigamy statute to include parties to a civil union. Senator Steadman outlined the provisions of the bill, and responded to committee questions.



01:47 PM --
Mr. Steve Lass, representing the Colorado Bar Association, testified in support of the bill. Mr. Lass discussed the purpose of the bill and discussed the primary provisions of the bill. Senator Lundberg, Senator Steadman, and Mr. Lass discussed provisions of the bill.





01:54 PM



Senator Steadman provided closing remarks on the bill and distributed and explained amendment L.002 (Attachment A).



16SenateJud0328AttachA.pdf16SenateJud0328AttachA.pdf
























BILL: SB16-150
TIME: 01:59:46 PM
MOVED: Aguilar
MOTION: Adopt amendment L.002 (Attachment A). The motion passed on a vote of 3-2.
SECONDED:
VOTE
Aguilar
Yes
Cooke
No
Merrifield
Yes
Lundberg
No
Roberts
Yes
YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL: SB16-150
TIME: 02:00:16 PM
MOVED: Aguilar
MOTION: Refer Senate Bill 16-150, as amended, to the Committee of the Whole. The motion passed on a vote of 3-2.
SECONDED:
VOTE
Aguilar
Yes
Cooke
No
Merrifield
Yes
Lundberg
No
Roberts
Yes
Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS









































02:00 PM -- SB16-153



Senator Crowder, sponsor, presented Senate Bill 16-153, concerning nominees for county court judges. Senator Crowder discussed the purpose of the bill. No witnesses testified on the bill, and Senator Crowder provided closing remarks.

BILL: SB16-153
TIME: 02:05:15 PM
MOVED: Aguilar
MOTION: Refer Senate Bill 16-153 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





02:05 PM -- HB16-1027



Senator Todd, co-prime sponsor, presented House Bill 16-1027, concerning depositions in criminal cases in which an at-risk person may not be available for trial. Senator Todd explained the bill.



02:08 PM --
Mr. Scott Storey, representing the Colorado District Attorneys' Council, testified in support of the bill. Mr. Storey discussed the provisions of the bill and its effect.



02:13 PM --
Ms. Jane Walsh, representing the Colorado District Attorneys' Council and the Twentieth Judicial District, testified in support of the bill. Ms. Walsh discussed taking depositions of at-risk victims.



02:16 PM --
Mr. Dennis Valentine, representing AARP, testified in support of the bill.



02:18 PM --
Mr. Scott Turner, representing the Colorado Attorney General's Office, testified in support of the bill. Mr. Turner discussed his office's work with at-risk victims.



02:20 PM --
Ms. Jean Fredlund, representing the League of Women Voters, testified in support of the bill.




















BILL: HB16-1027
TIME: 02:21:27 PM
MOVED: Aguilar
MOTION: Refer House Bill 16-1027 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





02:22 PM -- HB16-1264



Senator Johnston, sponsor, presented House Bill 16-1264, concerning prohibiting the use of a chokehold by a peace officer. Senator Johnston discussed the bill and a forthcoming amendment.



02:25 PM --
Ms. Jean Fredlund, presenting the League of Women Voters, testified in support of the bill. Ms. Fredlund discussed concerns with chokeholds.



02:27 PM --
Ms. Valerie Schlecht, representing the Colorado Cross-Disability Coalition, testified in support of the bill.



02:28 PM --
Ms. Annemarie Jensen, representing the Colorado Association of Chiefs of Police, testified in support of the bill. She discussed situations in which a chokehold may be used and exemptions included in the bill.



Senator Johnston distributed amendment L.004 (Attachment B).



16SenateJud0328AttachB.pdf16SenateJud0328AttachB.pdf






























BILL: HB16-1264
TIME: 02:31:20 PM
MOVED: Aguilar
MOTION: Adopt amendment L.004 (Attachment B). The motion passed without objection.
SECONDED:
VOTE
Aguilar
Cooke
Merrifield
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: HB16-1264
TIME: 02:31:33 PM
MOVED: Aguilar
MOTION: Refer House Bill 16-1264, as amended, to the Committee of the Whole. The motion passed on a vote of 4-0.
SECONDED:
VOTE
Aguilar
Yes
Cooke
Yes
Merrifield
Yes
Lundberg
Excused
Roberts
Yes
Final YES: 4 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS





02:32 PM -- HB16-1224



Senator Woods, sponsor, presented House Bill 16-1224, concerning child abuse involving human trafficking of minors. Senator Woods distributed amendment L.012 (Attachment C), and explained the bill and the amendment.



16SenateJud0328AttachC.pdf16SenateJud0328AttachC.pdf

















02:36 PM --
Ms. Kelly Zebroski, representing Jefferson County Human Services, testified in support of the bill. She discussed current practices in Jefferson County relating to the bill, and reasons to support the bill. At the request of Senator Roberts, Ms. Zebroski explained amendment L.012.



02:39 PM --
Ms. Katie Kurtz, representing the Colorado District Attorneys' Council and the First Judicial District Attorney's Office, testified in support of the bill. She stated that the bill allows human services departments and prosecutors to work together. She discussed current practices used in the First Judicial District. Ms. Kurtz discussed amendment L.012.



02:46 PM --
Ms. Cara Morlan, representing the Colorado District Attorneys' Council and the Eighteenth Judicial District Attorney's Office, testified in support of the bill. Ms. Morlan discussed current practices in Jefferson and Arapahoe County, including summarizing a specific case relating to the subject matter of the bill.



02:49 PM --
Ms. Paige Rosemond, representing the Colorado Department of Human Services, testified in support of the bill. Ms. Rosemond stated that the bill provides clarification of the role for child welfare agencies in, and establishes a statewide standard for, handling child trafficking situations. Ms. Rosemond responded to questions regarding amendment L.012. The committee and Ms. Rosemond discussed specific situations that may be governed by the bill and the amendment. In response committee questions, Ms. Rosemond discussed financial concerns regarding the bill.



02:55 PM --
Mr. Scott Turner, representing the Colorado Attorney General's Office, testified in support of the bill.



02:56 PM --
Ms. Raana Simmons, representing the Colorado Coalition Against Sexual Assault, testified in support of the bill.



02:59 PM --
Ms. Gini Pingenot representing Colorado Counties, Incorporated, testified in support of the bill. Ms. Pingenot addressed financial concerns regarding the bill.



03:03 PM --
Ms. Monica Petersen, representing herself, testified in opposition to the bill. Ms. Petersen stated concern regarding unintended consequences of the bill, and then discussed her specific objections to the bill.



















































03:09 PM



Senator Woods provided closing remarks on the bill.

BILL: HB16-1224
TIME: 03:09:34 PM
MOVED: Cooke
MOTION: Adopt amendment L.012 (Attachment C). The motion passed without objection.
SECONDED:
VOTE
Aguilar
Cooke
Merrifield
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: HB16-1224
TIME: 03:10:06 PM
MOVED: Cooke
MOTION: Refer House Bill 16-1224, as amended, 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





03:11 PM



The committee recessed.





















03:14 PM -- HB16-1265



The committee returned to order. Senator Johnston and Senator Cooke, co-prime sponsors, presented House Bill 16-1265, concerning expungement of arrest records based on mistaken identity. No witnesses testified on the bill.

BILL: HB16-1265
TIME: 03:16:36 PM
MOVED: Cooke
MOTION: Refer House Bill 16-1265 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 4-0.
SECONDED:
VOTE
Aguilar
Yes
Cooke
Yes
Merrifield
Excused
Lundberg
Yes
Roberts
Yes
Final YES: 4 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS





03:17 PM -- HB16-1263



Senator Ulibarri, sponsor, presented House Bill 16-1263, concerning updates to the statutory prohibition on profiling by police officers. He explained the bill and distributed and explained amendment L.006 (Attachment D).



16SenateJud0328AttachD.pdf16SenateJud0328AttachD.pdf



03:19 PM --
Ms. Jean Fredlund, representing the League of Women Voters, testified in support of the bill. She discussed the bill and spoke favorably of the General Assembly.



03:21 PM --
Ms. Valerie Schlecht, representing the Colorado Cross-Diability Coalition, testified in support of the bill.



03:22 PM --
Mr. Tony Lombard, representing the Colorado District Attorneys' Council, testified in support of the bill. He discussed specific support for amendment L.006.



03:24 PM --
Mr. Ron Sloan, representing the Colorado Association of Chiefs of Police, testified in support of the bill. He stated support for the bill and the amendment.



















03:25 PM --
Ms. Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill. She stated support of the bill as amended by L.006.





03:26 PM



Senator Ulibarri provided closing remarks on the bill.

BILL: HB16-1263
TIME: 03:26:55 PM
MOVED: Aguilar
MOTION: Adopt amendment L.006 (Attachment D). The motion passed without objection.
SECONDED:
VOTE
Aguilar
Cooke
Merrifield
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: HB16-1263
TIME: 03:27:17 PM
MOVED: Aguilar
MOTION: Refer House Bill 16-1263, as amended, to the Committee of the Whole. The motion passed on a vote of 4-1.
SECONDED:
VOTE
Aguilar
Yes
Cooke
Yes
Merrifield
Yes
Lundberg
No
Roberts
Yes
Final YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

























03:27 PM -- HB16-1262



Senator Cooke, sponsor, presented House Bill 16-1262, concerning measures to improve peace officer hiring, and, in connection therewith, requiring employment waivers as part of the background check process for a person applying for a position as a peace officer who has worked as an officer and giving the Peace Officers Standards and Training (P.O.S.T.) Board the authority to deny certification to an applicant who entered into a deferred agreement. He explained the bill and distributed and explained amendment L.006 (Attachment E).



16SenateJud0328AttachE.pdf16SenateJud0328AttachE.pdf



03:29 PM --
Mr. Ron Sloan, representing the Colorado Association of Chiefs of Police, testified in support of the bill. He discussed current practices and issues of transparency.



03:32 PM --
Ms. Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill. She stated support for law enforcement agencies having complete information before making a hire.



03:33 PM --
Ms. Meghan Dollar, representing the Colorado Municipal League, testified in support of the bill. She stated the importance of making decisions with full information.



03:34 PM --
Mr. Scott Turner and Mr. Cory Amend, representing the P.O.S.T. Board, made themselves available for questions. There were no questions.





03:34 PM



Senator Cooke provided closing remarks on the bill.

BILL: HB16-1262
TIME: 03:36:40 PM
MOVED: Cooke
MOTION: Adopt amendment L.006 (Attachment E). The motion passed without objection.
SECONDED:
VOTE
Aguilar
Cooke
Merrifield
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection












BILL: HB16-1262
TIME: 03:37:00 PM
MOVED: Cooke
MOTION: Refer House Bill 16-1262, as amended, 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





03:37 PM



The committee adjourned.


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