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s_jud_2016a_2016-04-27t13:31:25z0 Hearing Summary

Date: 04/27/2016



Final

BILL SUMMARY for HB16-1311



SENATE COMMITTEE ON JUDICIARY


Votes: View--> Action Taken:
Refer House Bill 16-1311 to the Committee of the W PASS







01:31 PM -- HB16-1311



Senator Roberts, chair, called the committee to order. A quorum was present. Senator Carroll and Senator Marble, co-prime sponsors, presented House Bill 16-1311, concerning court orders requiring payment of monetary amounts. Senator Carroll discussed the bill and issues concerning the penalties for failure to pay fines. She also discussed prior related legislation.



01:38 PM --
Judge Corinne Magid, representing the Colorado Municipal Judges Association and the Colorado Municipal League, testified in opposition to the bill. Judge Magid discussed procedures when a court orders a payment. She explained how the bill would affect existing procedures, and suggested alternatives to the bill. Judge Magid responded to a question concerning issuing warrants when people fail to pay, and the separation of powers between the legislative branch and the judicial branch.



01:46 PM --
Judge David Cooke, representing the Colorado Municipal Judges Association and the Colorado Municipal League, testified in opposition to the bill. Judge Cooke discussed charges that may be made under the bill, and the bill's effects. He explained the type of cases handled by a municipal court. Judge Cooke responded to questions regarding the amount of fines in traffic and criminal cases, discretion afforded to judges, and sentencing for indigent defendants.



01:51 PM --
Ms. Denise Maes, representing the ACLU of Colorado, testified in support of the bill. She commented on prior testimony, and discussed the effect of the bill, including warrants that may be issued under the bill.



01:55 PM --
Ms. Rebecca Wallace, representing the ACLU of Colorado, testified in support of the bill. Ms. Wallace discussed methods used to hold defendants accountable when the defendant fails to pay as ordered.



01:57 PM --
Mr. James Fisher, representing himself, testified in support of the bill. Mr. Fisher described his experience being unable to pay a court ordered fine.



02:01 PM --
Ms. Elizabeth Gillespie, representing the Aurora Public Defender's Office, testified in support of the bill. She described court procedures used in Aurora.





02:05 PM



Senator Marble and Senator Carroll provided closing remarks on the bill.

BILL: HB16-1311
TIME: 02:15:26 PM
MOVED: Aguilar
MOTION: Refer House Bill 16-1311 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














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