Senate Committee on Judiciary (02/11/2009)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON JUDICIARY

Date:	02/11/2009	ATTENDANCE

Time:	01:34 PM to 04:31 PM	Hudak	X
		King K.	X
Place:	SCR 352	Lundberg	X
		Newell	X
This Meeting was called to order by		Renfroe	X
	Senator Morse	Carroll M.	*
		Morse	X
This Report was prepared by
	Sara McPhee
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB09-058 SB09-069 SB09-093 SB09-135		Postponed Indefinitely Amended, Referred to the Committee of the Whole Amended, Referred to Appropriations Amended, Referred to Appropriations

01:34 PM -- Senate Bill 09-058

Senator White, bill sponsor, provided an overview of Senate Bill 09-058. He indicated that various constituencies are still working on language for the bill and the title will need to be changed. Senator White requested that the committee postpone the bill indefinitely, and he would seek late bill status for a new bill when the issues concerning the substance of the bill have been resolved.


BILL:	SB09-058
TIME:	01:36:11 PM
MOVED:	Newell
MOTION:	Moved to postpone indefinitely Senate Bill 09-058. The motion passed on a 6-0 roll call vote.
SECONDED:
		VOTE
	Hudak	Yes
	King K.	Yes
	Lundberg	Yes
	Newell	Yes
	Renfroe	Yes
	Carroll M.	Excused
	Morse	Yes

Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

01:38 PM -- Senate Bill 09-069

Senator Boyd, bill sponsor, explained the provisions of Senate Bill 09-069 and discussed an amendment (Attachment A). She explained that the amendment is agreed upon language that came from the trial lawyers association that pertains to civil liability. The amendment also adds clarifying language. Senator Boyd discussed the testimony from when the bill was heard and indicated that she does not believe that much of it pertained to parent coordinators. She distributed two handouts (Attachment B and C). Senator Newell discussed the difficulty of recruiting and retaining parenting coordinators.


BILL:	SB09-069
TIME:	01:40:26 PM
MOVED:	Newell
MOTION:	Adopt prepared Amendment L.004 (Attachment A). The motion passed without objection.
SECONDED:
		VOTE
	Hudak
	King K.
	Lundberg
	Newell
	Renfroe
	Carroll M.	Excused
	Morse

Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB09-069
TIME:	01:40:38 PM
MOVED:	Newell
MOTION:	Refer, as amended, Senate Bill 09-069 to the Committee of the Whole. The motion passed on a 6-0 roll call vote.
SECONDED:
		VOTE
	Hudak	Yes
	King K.	Yes
	Lundberg	Yes
	Newell	Yes
	Renfroe	Yes
	Carroll M.	Excused
	Morse	Yes

Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

01:51 PM -- Senate Bill 09-093

Senator Williams, bill sponsor, explained the provisions of Senate Bill 09-093. She also explained the reasons why she was sponsoring the legislation. Senator Williams discussed an amendment (Attachment D).

01:57 PM

Senator Renfroe asked about the specifics of the amendment.

01:58 PM -- Doug Wilson, representing the Public Defender's Office, spoke in opposition to the bill. However, he indicated that most of his testimony dealt with the parts that will be taken out by the amendment. He stated that he is still opposed to the bill because it will have a fiscal impact.

02:01 PM

Senator Hudak discussed the nature of the problem and asked if the state has the tools to deal with these crimes. Mr. Wilson discussed the fact that each new offense is a cost for his office. Senator Hudak asked about the offenses and whether they fit the crime. Mr. Wilson explained that his opposition is financial and the fact that the crime should not be a felony.

02:12 PM

Senator King asked about the sentencing ranges. Senator Williams distributed a handout with sentencing ranges (Attachment E). Senator Newell asked about situations where this law may apply.

02:17 PM -- Scott Storey, representing the Colorado District Attorneys Council, spoke in support of the bill. Mr. Storey provided historical context concerning the identity theft statutes. He also discussed the nature of identity theft. He discussed deficiencies in the current statute that this bill attempts to bolster. Mr. Storey discussed the difficulty of prosecuting cases where an individual possesses another person's identification, but has not done anything with it yet. He indicated that this bill would enable them to prosecute for those crimes. Mr. Storey discussed the intent of the statutes and the ways in which they would be applied.

02:30 PM

Senator Hudak asked about the crowding in county jails and whether these individuals would be put into county jails. Senator Newell asked about the intent provision in the bill and how intent is proven. Senator Hudak asked about ways to charge people for these types of crimes. Senator Newell asked about ways in which individuals would be charged in current statute if this bill becomes law.

02:57 PM -- Mark Randall, representing the Colorado District Attorneys Council, spoke in support of the bill. Mr. Randall discussed the problem of identity theft, in particular as it relates to children, and the provision that extends the statute of limitation to the discovery of the identity theft. He also discussed the new crime of criminal possession of identification documents. He explained the existing crime of criminal impersonation.

03:07 PM

Senator Hudak asked about the provision of the bill which makes criminal possession of identification documents a crime.

03:24 PM

Senator Newell asked about flexibility in sentencing guidelines. Senator Newell also asked about a potential amendment to the misdemeanor class for possession of one identification document.

03:35 PM

Mr. Randall noted that he believes that the Colorado Coalition Against Domestic Violence also is in support of this bill.

03:37 PM -- Geoff Blue, representing the Attorney General's Office, spoke in support of the bill. He explained that they believe that identity theft is a major problem.

03:39 PM -- Tom Hill, representing the Colorado Sheriff's Association, spoke in support of the bill.

03:40 PM

Senator Williams concluded her discussion of the bill.


BILL:	SB09-093
TIME:	03:41:32 PM
MOVED:	King K.
MOTION:	Adopt prepared amendment L.001 (Attachment D). The motion passed without objection.
SECONDED:
		VOTE
	Hudak
	King K.
	Lundberg
	Newell
	Renfroe
	Carroll M.	Excused
	Morse

Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB09-093
TIME:	03:41:45 PM
MOVED:	King K.
MOTION:	Refer, as amended, Senate Bill 09-093 to the Committee on Appropriations. The motion passed on a 6-0 roll call vote.
SECONDED:
		VOTE
	Hudak	Yes
	King K.	Yes
	Lundberg	Yes
	Newell	Yes
	Renfroe	Yes
	Carroll M.	Excused
	Morse	Yes

Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

03:44 PM -- Senate Bill 09-135

Senator Penry, bill sponsor, explained that Senate Bill 09-135 is a result of an audit from 2008 concerning discretionary parole releases approved by the Parole Board. He distributed a copy of the audit (Attachment F). Senator Penry also discussed an amendment (Attachment G).

03:48 PM -- Christie Donner, representing the Colorado Criminal Justice Reform Coalition, spoke in support of the bill. She discussed the current gaps in data concerning parole board decisions, and she believes that this bill will be helpful in ensuring that better data are available.

03:50 PM -- Maureen Cain, representing the Colorado Criminal Defense Bar, spoke in support of the bill. She discussed the importance of being able to use data to help inform parole board decisions.

03:52 PM -- Tom Stockburger, representing the SAS Institute, spoke in support of the bill. He distributed a handout (Attachment H). Mr. Stockburger discussed the importance of data analysis for understanding parole board decisions. He related best practices from other states concerning recidivism.

03:59 PM

Senator Hudak asked about SAS and whether other companies do data analysis work for governments. Mr. Stockburger indicated that other companies do this work. Senator Newell asked about using data for victim notification. Senator Renfroe asked about other states and how their recidivism rates were reduced. Mr. Stockburger explained that the data can be used to determine if individuals are performing well on parole and, therefore, determine which parole officers are doing their jobs well.

04:12 PM

Senator Hudak discussed the uses for data and how that informs decisions.

04:17 PM -- Ann Terry, representing the Department of Public Safety, spoke about the bill. She discussed the fact that Division of Criminal Justice within the Department of Public Safety will be collecting the data and analyzing that data.

04:20 PM -- Jodi Blomberg, representing the SAS Institute, spoke in support of the bill. She discussed the role of her company in states where they have been working on these issues.

04:25 PM

Senator Carroll asked why this was not an audit committee bill. Senator Penry indicated that he thought it was a workload issue.


BILL:	SB09-135
TIME:	04:27:49 PM
MOVED:	King K.
MOTION:	Adopt prepared amendment L.001 (Attachment G). The motion passed without objection.
SECONDED:
		VOTE
	Hudak
	King K.
	Lundberg
	Newell
	Renfroe
	Carroll M.
	Morse

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB09-135
TIME:	04:28:00 PM
MOVED:	Lundberg
MOTION:	Amend Senate Bill 09-135, page 2, line 14, after "granting", insert ",revoking,". The motion passed without objection.
SECONDED:
		VOTE
	Hudak
	King K.
	Lundberg
	Newell
	Renfroe
	Carroll M.
	Morse

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

04:29 PM

Senator Newell discussed the issue of victim notification.


BILL:	SB09-135
TIME:	04:30:35 PM
MOVED:	King K.
MOTION:	Refer Senate Bill 09-135, as amended, to the Committee on Appropriations. The motion passed on a 6-0 roll call vote.
SECONDED:
		VOTE
	Hudak	Yes
	King K.	Yes
	Lundberg	Yes
	Newell	Yes
	Renfroe	Excused
	Carroll M.	Yes
	Morse	Yes

Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

04:31 PM

The committee adjourned.