Date: 01/22/2009

Final
BILL SUMMARY for HB09-1044

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Adopt prepared amendment L.001 (Attachment A). Th
Refer House Bill 09-1044, as amended, to the Commi		Pass Without Objection
PASS



01:05 PM -- House Bill 09-1044

Representative Roberts, prime sponsor, presented House Bill 09-1044 concerning expungement of records relating to a criminal matter for which a juvenile is sentenced as a juvenile after being charged by the direct filing of charges in district court. Current law allows certain juvenile offenders to petition the court to have their juvenile criminal records permanently removed or expunged, provided they meet certain criteria (i.e., a mandatory waiting period, no new offenses or pending charges, and whether the expungement is in the best interests of the community). Some offenders are not eligible to file such a petition. These include individuals who have been:

● designated by the court as aggravated or violent juvenile offenders;
● convicted of an offense involving unlawful sexual behavior;
● convicted of an offense that is considered a crime of violence under Colorado law; and
● charged as an adult for a crime committed as a juvenile, a process known as "direct file."

This bill allows a juvenile who was charged as an adult, but ultimately sentenced as a juvenile, to later petition the court to have his or her record expunged. All of the other conditions for expungement will still apply. The bill becomes effective September 1, 2009, unless a referendum petition is filed.

01:07 PM -- Maureen Cain, Colorado Criminal Defense Bar, spoke in support of the bill. Ms. Cain talked about some of the discussions held by the Colorado Commission on Criminal and Juvenile Justice (CCCJJ) about the collateral consequences of juvenile criminal behavior. Even if these individuals straighten up and get their lives together, their criminal records follow them forever. This makes it extremely difficult to obtain gainful employment and be a productive member of society, which leads to frustration and potential recidivism. Ms. Cain indicated that under this bill, judges will have more discretion to look at the specific facts of each case and determine whether a juvenile and the community will likely benefit from having his or her criminal record expunged. She listed the criteria that must be met in order to qualify for expungement. Ms. Cain explained that prepared amendment L.001 (Attachment A) allows the bill to apply to offenders sentenced on or after the signature of the bill by the Governor.

09HouseJud0122AttachA.pdf

01:12 PM -- Doug Wilson, State Public Defender, spoke in support of the bill. Mr. Wilson stressed that this bill came about through consensus among several different parties who are usually on opposing sides of an issue. He responded to questions regarding eligibility for expungement.

01:14 PM -- Ted Tow, Colorado District Attorneys Council (CDAC), spoke in support of the bill. Mr. Tow was one of the parties who was involved in the drafting of the bill. The district attorneys feel this a fair method for handling the records of juveniles who, although they were direct filed upon, were ultimately adjudicated as juveniles.
BILL:HB09-1044
TIME: 01:16:11 PM
MOVED:Roberts
MOTION:Adopt prepared amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:Gardner B.
VOTE
Apuan
Court
Gardner B.
King
Miklosi
Pace
Roberts
Ryden
Waller
McCann
Levy
Not Final YES: 0 NO: 0 EXC: 4 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB09-1044
TIME: 01:16:35 PM
MOVED:Roberts
MOTION:Refer House Bill 09-1044, as amended, to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 10-0, with one excused.
SECONDED:King
VOTE
Apuan
Yes
Court
Yes
Gardner B.
Yes
King
Yes
Miklosi
Yes
Pace
Yes
Roberts
Yes
Ryden
Yes
Waller
Excused
McCann
Yes
Levy
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS