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S_JUD_2018A 04/16/2018 01:36:40 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON JUDICIARY
Date 04/16/2018
Attendance
Coram X
Fields E
Kagan X
Cooke X
Gardner X
Time 01:36:40 PM to 03:08:29 PM
Place SCR 352
This Meeting was called to order by Gardner
This Report was prepared by Juliann Jenson
Hearing Items Action Taken
Conf 18-Judicial Discipline — Commission On Favorably Refer to Full Senate - Consent Calendar
SB18-223 Amended, referred to the Committee of the Whole - Consent Calendar
SB18-222 Referred to Senate Appropriations
SB18-234 Committee Discussion Only

Conf 18-Judicial Discipline — Commission On - Favorably Refer to Full Senate - Consent Calendar


01:41:25 PM  

William Campbell, executive director of the Colorado Commission on Judicial Discipline, introduced Christopher Gregory, who is before the Senate Judiciary Committee for a confirmation hearing.

Christopher Gregory introduced himself and provided a brief overview of his background and experience.



01:41:27 PM
Motion Refer the appointment of Christopher Gregory to the Conf 18-Judicial Discipline — Commission On to the full Senate with a favorable recommendation and with a recommendation that it be placed on the consent calendar.
Moved Cooke
Seconded
Coram Yes
Fields Excused
Kagan Yes
Cooke Yes
Gardner Yes
Final YES: 4   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS



SB18-223 - Amended, referred to the Committee of the Whole - Consent Calendar

01:41:52 PM  

Senator Gardner explained SB18-223, concerning the circumstances under which an autopsy report prepared in connection with the death of a minor may be released to certain parties.  He relayed that he brought the bill forward on behalf of the Colorado Coroners Association.

Senator Gardner distibuted the following amendments:  L.001, L.002, L.003, L.004, L.005, and L.006 (Attachments A through F). 

01:44:24 PM  

Robert Bux, El Paso County Coroner, spoke in favor of the bill.  He explained the autopsy process in relation to minors and how hard it is on families. 

Letters from the El Paso County Sheriff's Department and the Colorado Springs Chief of Police were distributed, expressing support for the bill (Attachments G and H). 

01:47:26 PM  

Emma Hall, Boulder County Coroner, spoke in support of the measure.  She discussed Health Insurance Portability and Accountability Act (HIPPA) provisions.  She also explained the steps involved in an autopsy and the importance of extending courtesy to grieving families.  She mentioned that the Boulder County Sheriff and the District Attorney are in support of the bill.

01:50:20 PM  

Robert Glassmire, representing the Colorado Coroners Association and Garfield County, spoke in favor of the bill.  He spoke to the differences between adult and minor autopsies. 

01:52:04 PM  

Sue Dunn, representing the Donor Alliance, spoke in support of the bill as amended.  She discussed the importance of organ donations. 

She distributed a packet of information about the Donor Alliance (Attachment I). 

01:54:26 PM  

Robert Austin, representing the Rocky Mountain Lions Eye Bank, testified in favor of the bill.  It was mentioned that amendment L.004 was drafted in coordination with donor organizations. 

Senator Gardner further explained the other amendments that were distributed earlier in the hearing and discussed how they primarily carved out exemptions for certain agencies and organizations.

 

 



01:58:20 PM
Motion Adopt amendment L.001
Moved Gardner
Seconded
Coram
Fields Excused
Kagan
Cooke
Gardner
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection


01:59:09 PM
Motion Adopt amendment L.002
Moved Gardner
Seconded
Coram
Fields Excused
Kagan
Cooke
Gardner
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection


01:59:11 PM
Motion Adopt amendment L.003
Moved Gardner
Seconded
Coram
Fields Excused
Kagan
Cooke
Gardner
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection


02:00:36 PM
Motion Adopt amendment L.004
Moved Gardner
Seconded
Coram
Fields Excused
Kagan
Cooke
Gardner
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection


02:01:15 PM
Motion Adopt amendment L.005
Moved Gardner
Seconded
Coram
Fields Excused
Kagan
Cooke
Gardner
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection


02:01:54 PM
Motion Adopt amendment L.006
Moved Gardner
Seconded
Coram
Fields Excused
Kagan
Cooke
Gardner
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection


02:04:23 PM
Motion Refer Senate Bill 18-223, as amended, to the Committee of the Whole and with a recommendation that it be placed on the consent calendar.
Moved Gardner
Seconded
Coram Yes
Fields Excused
Kagan Yes
Cooke Yes
Gardner Yes
Final YES: 4   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS



SB18-222 - Referred to Senate Appropriations


02:04:32 PM  

Senators Gardner and Cooke, co-sponsors, explained SB18-222, concerning reimbursing prosecuting attorneys for costs associated with litigating Rule 35c of the Colorado criminal procedure motions.  They discussed post-conviction motions and how it is cost prohibitive for district attorneys and attorney generals in these situations.  

The committee discussed the need for such reimbursement when it is a right of a defendant to file a post-conviction Rule 35c motion.  The bill sponsors responded that the prosecution in these cases is funded by local governments, and smaller jurisdictions are having difficulty covering the expense. 

 

02:14:22 PM  

Dan Rubenstein, District Attorney from Mesa County, testified in support of the bill.  He discussed the challenges counties face with Rule 35c motions in terms of time and expense. 

02:18:35 PM  

Jeff Chostner, District Attorney for Pueblo County, testified in favor of the measure.  As president of the Colorado District Attorneys' Council, he expressed the concerns of counties across the state in bearing the financial burdens of Rule 35c motions. 

02:20:05 PM  

Peter Weir, District Attorney for the First Judicial District (Jefferson and Gilpin counties), spoke in support of the bill.  He reported an increase in post-conviction cases and discussed the associated costs.  He proposed that the bill be amended at some point to include secretarial and paralegal costs as well.  

02:23:53 PM  

Charles Tingle, Senior Chief Deputy Jefferson County District Attorney, testified in favor of the measure.  He discussed the numbers of post-conviction Rule 35c motions.  He explained that these motions can be filed years after conviction.  He also raised points about the time involved and attorney turnover. 

02:28:28 PM  

Dan May, District Attorney for the 4th Judicial District (El Paso County), spoke in support of the bill.  He emphasized that post-conviction motions require expertise and are time intensive. 

The committee discussed ineffective counsel, the Alternate Defense Counsel budget, and the impact of Rule 35c motions in rural jurisdications. 



02:39:41 PM
Motion Refer Senate Bill 18-222 to the Committee on Appropriations.
Moved Gardner
Seconded
Coram Yes
Fields Excused
Kagan Yes
Cooke Yes
Gardner Yes
Final YES: 4   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS



SB18-234 - Committee Discussion Only


02:40:15 PM  

Senator Coram explained SB18-234, concerning measures to reduce the sale wtihout consent of the remains of a human who was born alive.  He discussed a situation in Montrose, where a funeral home was selling body parts unbeknownst to the deceased's loved ones, and using concrete as cremains.  He emphasized that the bill is not intended to cut down on verified donations, and instead is designed to provide guardrails for illegal sales. 

He asked that the bill be laid over due to a strike below amendment that is in the works. 

02:46:54 PM  

Brad O'Connell, representing Science Care Tissue Bank, spoke in support of the bill if amended.  He discussed his work and clients. 

02:48:59 PM  

Nick Hodgdon, representing Funeral Director's Services, spoke in support of the bill if amended,  He discussed his company's behind-the-scenes work for funeral homes and research.  He expressed concerns that the bill, as written, would restrict valid donations and research.  He also discussed the bill's potential impact on the State Anatomical Board. 

The committee raised questions about the market for tissue and body parts as well as discussed related regulations, registration, standards, and guidelines. 

02:56:55 PM  

Karen McGovern, representing the Department of Regulatory Agencies, made herself available for technical questions.  She reported that there is no law in Colorado that prohibits the selling of body parts.  She discussed the Sunset Mesa case in Montrose and body brokering, generally. 

03:00:03 PM  

Jeremy Hueth, counsel for the University of Colorado, expressed concerns about the bill and the draft strike-below amendment.  He discussed registration requirements for nontransplant tissue banks, as proposed, and the impact it would have on practices at the University of Colorado, including donations and costs.  He further discussed federal and state laws concerning transplant and nontransplant banks. 

 

03:04:28 PM  

Senator Coram made closing remarks.

Senator Gardner announced that the bill will be placed on the agenda for Wednesday, April 18, as a for-action-only item. 


03:08:29 PM   Committee Adjourned






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