Senate Committee on Judiciary (02/23/2009)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON JUDICIARY

Date:	02/23/2009	ATTENDANCE

Time:	01:32 PM to 06:26 PM	Hudak	X
		King K.	*
Place:	SCR 356	Lundberg	*
		Newell	X
This Meeting was called to order by		Renfroe	X
	Senator Morse	Carroll M.	X
		Morse	X
This Report was prepared by
	Sara McPhee
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB09-1021 HB09-1121 HB09-1044 HB09-1122 HB09-1080 SB09-110		Amended, Referred to the Committee of the Whole Referred to the Committee of the Whole Referred to the Committee of the Whole Referred to the Committee of the Whole Referred to the Committee of the Whole Amended, Referred to Appropriations

01:32 PM -- House Bill 09-1021

Senator Boyd, bill sponsor, provided an overview of House Bill 09-1021. She explained that the bill reauthorizes the Legislative Oversight Committee and the Task Force for the Continuing Examination of the Treatment of Persons with Mental Illness who are Involved in the Criminal and Juvenile Justice System (MICJS Task Force). Senator Boyd distributed prepared Amendment L.001 (Attachment A).

01:35 PM -- Harriet Hall, representing the MICJS Task Force, spoke in support of the bill. She provided the committee with a brief history of the task force and the oversight committee. Ms. Hall noted that the task force has been previously reauthorized twice. She discussed the accomplishments of the task force. She discussed the changes to the task force that will be implemented with House Bill 09-1021.


BILL:	HB09-1021
TIME:	01:41:43 PM
MOVED:	Carroll M.
MOTION:	Adopt prepared Amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:
		VOTE
	Hudak
	King K.
	Lundberg	Excused
	Newell
	Renfroe
	Carroll M.
	Morse

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


BILL:	HB09-1021
TIME:	01:41:56 PM
MOVED:	Carroll M.
MOTION:	Refer House Bill 09-1021, as amended, to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a 6-0 roll call vote.
SECONDED:
		VOTE
	Hudak	Yes
	King K.	Yes
	Lundberg	Excused
	Newell	Yes
	Renfroe	Yes
	Carroll M.	Yes
	Morse	Yes

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

01:42 PM -- House Bill 09-1121

Senator Renfroe, bill sponsor, explained the provisions of House Bill 09-1121. He explained that the bill repeals and re-enacts some provisions of House Bill 08-1397 from the previous legislative session. Specifically, the bill relates to DNA preservation for certain cases. It specifies that DNA does not need to be preserved for non-sex offense misdemeanor cases. It also streamlines the process for the court to approve the disposal of DNA evidence.

01:44 PM -- Doug Wilson, representing the Office of the State Public Defender, spoke in support of the bill. He explained that this bill attempts to clear up some issues from House Bill 08-1397 concerning preservation of DNA evidence. Mr. Wilson explained that the bill from last year had a few provisions that may not have been clear and House Bill 09-1121 provides more clarity.

01:47 PM

Senator Carroll asked about the length of time for DNA storage and how that effects post-conviction remedies. Mr. Wilson stated that the bill requires DNA preservation for class 1 felonies and sex offenses for the life of the defendant. Senator Newell asked about protecting the families of victims and the rights of victims. Senator King asked about how and where evidence is preserved.

01:58 PM -- Ted Tow, representing the Colorado District Attorney's Council, spoke in support of the bill. He discussed the importance of DNA preservation. Mr. Tow noted that the bill from last session was too broad. He stated that this bill only covers felonies, felony investigations, and misdemeanors only if they began as sex offenses.

02:03 PM -- Don Quick, representing the Colorado District Attorney's Council, spoke in support of the bill. He discussed the history of this bill.

02:06 PM

Senator Renfroe concluded his discussion of the bill.


BILL:	HB09-1121
TIME:	02:07:00 PM
MOVED:	Renfroe
MOTION:	Refer House Bill 09-1121 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a 5-0 roll call vote.
SECONDED:
		VOTE
	Hudak	Yes
	King K.	Yes
	Lundberg	Excused
	Newell	Yes
	Renfroe	Yes
	Carroll M.	Excused
	Morse	Yes

Final YES: 5 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

02:07 PM -- House Bill 09-1044

Senator Morse, bill sponsor, explained the provisions of the bill. He explained that juveniles who were direct filed upon and charged as an adult are not eligible to have their records expunged. He stated that this bill would allow some juveniles with a direct filing to have their record expunged if certain circumstances are met. He discussed the reasons why he believes that this bill should be implemented.

02:11 PM -- Jeanne Smith, representing the Criminal and Juvenile Justice Commission, spoke in support of the bill. Ms. Smith explained that the philosophy for the bill is that a juvenile who is brought into adult court, but then not prosecuted as an adult, would have the same rights as they would have originally had if they had never been charged as an adult.

02:13 PM -- Doug Wilson, representing the Office of the State Public Defender, spoke in support of the bill. Mr. Wilson discussed the many impediments that juveniles have if they have an adult record, even if their case reverted back to the juvenile court.

02:14 PM -- Ted Tow, representing the Colorado District Attorney's Council, spoke in support of the bill. He discussed reasons why a juvenile may not be tried as an adult even if the original charged was a direct filing.

02:16 PM

Senator Morse concluded his presentation of the bill.


BILL:	HB09-1044
TIME:	02:16:59 PM
MOVED:	Morse
MOTION:	Refer House Bill 09-1044 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a 5-0 roll call vote.
SECONDED:
		VOTE
	Hudak	Yes
	King K.	Yes
	Lundberg	Excused
	Newell	Yes
	Renfroe	Yes
	Carroll M.	Excused
	Morse	Yes

Final YES: 5 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

02:17 PM -- House Bill 09-1122

Senator Morse, bill sponsor, explained the provisions of House Bill 09-1122. He explained that the bill expands the eligibility for sentencing to the youthful offender system (YOS) to allow youths who are 18 and 19 years old , who are sentenced prior to their 21st birthday, to be sentenced to YOS.

02:20 PM -- Jeanne Smith, representing the Criminal and Juvenile Justice Commission, spoke in support of the bill. She discussed the impetus for the bill.

02:23 PM

Senator King asked about recidivism rates for individuals who are sentenced to YOS rather than the Department of Corrections (DOC). Ms. Smith noted that recidivism rates are lower for YOS than DOC.

02:25 PM -- Doug Wilson, representing the Office of the State Public Defender, spoke in support of the bill.

02:29 PM

Senator Hudak asked about where the facilities are and how many individuals are located in the facilities.

02:32 PM -- Steve Hager, representing the Department of Corrections, spoke about the bill. He noted that he is the warden for the YOS facility and provided the committee with information on the YOS program. He stated that the YOS program is a national model.

02:37 PM

Senator King asked several specific questions about the YOS program. Senator Morse described some of the specifics of why he believes that the YOS facility is so successful. Senator Hudak asked about the education programs. Senator King followed up with additional questions about the high school programs.

02:48 PM -- Ted Tow, representing the Colorado District Attorneys Council, spoke in support of the bill. He also discussed the success of the program and the fact that some of it is because the offenders are youths and are receptive to the programs. Mr. Tow described the specifics of sentencing to YOS as opposed to DOC.

02:54 PM

Senator Carroll asked about the effective date of the bill.

02:55 PM -- Don Quick, representing the Colorado District Attorneys Council, spoke in support of the bill. He noted that his office sends youths to the YOS system. He discussed the crimes committed by individuals who are sentenced to YOS.

03:06 PM -- Mr. Hager returned to the table to answer questions about how soon more youths could be added to the system.

03:10 PM

Senator Morse concluded his presentation of the bill.


BILL:	HB09-1122
TIME:	03:10:44 PM
MOVED:	Morse
MOTION:	Refer House Bill 09-1122 to the Committee of the Whole. The motion passed on a 7-0 roll call vote.
SECONDED:
		VOTE
	Hudak	Yes
	King K.	Yes
	Lundberg	Yes
	Newell	Yes
	Renfroe	Yes
	Carroll M.	Yes
	Morse	Yes

Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:11 PM -- House Bill 09-1080

Senator Williams, bill sponsor, explained the provisions of Senate Bill 09-1080. She stated that the bill grants immunity from civil action to a building code official while acting in his or her official capacity, assists during a state of disaster emergency.

03:14 PM

Senator Lundberg asked about the specifics of the bill and described it as a good samaritan bill for individuals who volunteer during a state of disaster emergency. Senator Carroll discussed the current government immunity act and indicated that she believes that these individuals are already covered under that law.

03:24 PM -- Jeremiah Barry, representing the Office of Legislative Legal Services, spoke about the bill. Senator Carroll asked if these individuals are covered under the Colorado governmental immunity act. Mr. Barry explained that a question exists if these individuals are covered under that act once they are not on the job.

03:30 PM -- Greg Wheeler, representing the Colorado Chapter of the International Code Council, spoke in support of the bill. He explained the reasoning behind the bill.

03:37 PM

Senator Hudak and Senator Renfroe asked about the compensation for the inspectors during a time of emergency. Senator Carroll asked if there are any cases where a building inspector has been sued. Senator Lundberg discussed the realities of what occurs during a natural disaster.

03:51 PM -- Mark Hamouz, representing himself, spoke in support of the bill.

03:54 PM -- Erin Goff, representing the Colorado Municipal League, spoke in support of the bill.

03:56 PM

Senator Williams concluded her presentation of the bill.


BILL:	HB09-1080
TIME:	03:56:45 PM
MOVED:	Hudak
MOTION:	Refer House Bill 09-1080 to the Committee of the Whole. The motion passed on a 5-1 roll call vote.
SECONDED:
		VOTE
	Hudak	Yes
	King K.	Excused
	Lundberg	Yes
	Newell	Yes
	Renfroe	Yes
	Carroll M.	No
	Morse	Yes

Final YES: 5 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS

03:58 PM

The committee took a brief recess.

04:04 PM -- Senate Bill 09-110

Senator Morse, bill sponsor, explained the provisions of Senate Bill 09-110. He explained that the bill inserts additional remedies that are not currently available into Colorado civil rights law. Under the bill, the employees at small employers will have the same remedies as those at larger employers. He provided the committee with an amendment (Attachment B) and a memorandum concerning the fiscal note for the amendment (Attachment C).

04:08 PM -- Barry Roseman, representing Plaintiff Employment Lawyers Association, spoke in support of the bill. He provided the committee with a handout concerning the fiscal note (Attachment D). Mr. Roseman discussed the details of the fiscal note.

04:19 PM -- Lorena Garcia, representing 9 to 5, spoke in support of the bill. She discussed situations where individuals required the services of the civil rights commission.

04:24 PM -- Scott Moss, representing himself, spoke in support of the bill. He discussed the need for compensatory damages and for attorney fees to be available for the plaintiff. He stated that if it is important enough to prohibit something then it should be important enough to allow for compensatory damages and attorney fees.

04:35 PM -- Tony Gagliardi, representing National Federation of Independent Businesses, spoke in opposition to the bill. He discussed the potential costs to small businesses under this bill. He asked that the committee eliminate the provision concerning small businesses and pass the bill as originally recommended by the Department of Regulatory Agencies. Senator Morse asked about whether or not there is a need for more education concerning civil rights laws.

04:45 PM -- Andrew Volin, representing the Colorado Civil Justice League, spoke in opposition to the bill. He provided the committee with a handout (Attachment E). He explained that he is in opposition to the portion of the bill that allows for expanded remedies. According to Mr. Volin, the expanded remedies will shift the cases from federal to state court. He believes that it is not necessary to create new incentives for people to file charges.

05:15 PM -- Vince Morscher, Jane Christman, and Geoff Blue, representing the Department of Law, spoke about the bill. Mr. Blue discussed his concerns about prepared amendment L.007. The amendment requires the Attorney General's office to represent an individual which they do not do. Also, they represent the commission so they could not represent the individual and the commission. Mr. Morscher discussed the procedures for civil rights commission hearings.

05:36 PM -- Steven Chavez, representing the Civil Rights Division, spoke about the bill. Senator King asked about prepared amendment L.009 and why these provisions were not included in the original sunset review.

05:40 PM -- Paula Greisen, representing herself, spoke in support of the bill. Ms. Greisen stated that she believes that employees need a lawyer in order to get a probable cause finding. She believes that the point of the bill is to provide meaningful remedies for individuals who are employed by small businesses.

05:54 PM

Senator Hudak asked for clarification on whether Ms. Greisen supports the bill or the proposed amendment. Ms. Greisen explained that she supports the bill as drafted and is opposed to the amendment. Senator Renfroe asked about the provision in the bill that allows the commission to initiate charges.

06:00 PM

Senator Morse concluded his presentation of the bill.


BILL:	SB09-110
TIME:	06:05:45 PM
MOVED:	Morse
MOTION:	Amend prepared Amendment L.009 (Attachment B), strike, line 18 "and the charging party shall be entitled to", strike line 19, and strike, line 20, "general's office." 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:	SB09-110
TIME:	06:10:02 PM
MOVED:	Carroll M.
MOTION:	Adopt prepared Amendment L.009 (Attachment B), as amended. Senator Hudak requested to sever the amendment. The committee considered severed section A (page 1 of Amendment L.009). The motion passed on a 4-3 roll call vote.
SECONDED:
		VOTE
	Hudak	Yes
	King K.	No
	Lundberg	No
	Newell	Yes
	Renfroe	No
	Carroll M.	Yes
	Morse	Yes

Not Final YES: 4 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	SB09-110
TIME:	06:16:56 PM
MOVED:	Morse
MOTION:	Adopt severed section B (page 2 of Amendment L.009--Attachment B). The motion passed on a 5-2 roll call vote.
SECONDED:
		VOTE
	Hudak	No
	King K.	Yes
	Lundberg	Yes
	Newell	Yes
	Renfroe	Yes
	Carroll M.	No
	Morse	Yes

Not Final YES: 5 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	SB09-110
TIME:	06:19:30 PM
MOVED:	King K.
MOTION:	Adopt prepared Amendment L.010 (Attachment F). The motion failed on a 3-4 roll call vote.
SECONDED:
		VOTE
	Hudak	No
	King K.	Yes
	Lundberg	Yes
	Newell	No
	Renfroe	Yes
	Carroll M.	No
	Morse	No

Not Final YES: 3 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	SB09-110
TIME:	06:24:21 PM
MOVED:	Morse
MOTION:	Refer Senate Bill 09-110, as amended, to the Committee on Appropriations. The motion passed on a 4-3 roll call vote.
SECONDED:
		VOTE
	Hudak	Yes
	King K.	No
	Lundberg	No
	Newell	Yes
	Renfroe	No
	Carroll M.	Yes
	Morse	Yes

Final YES: 4 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

06:25 PM

The committee adjourned.