Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:02/09/2009
ATTENDANCE
Time:01:32 PM to 05:52 PM
Apuan
X
Court
X
Place:HCR 0107
Gardner B.
X
King
X
This Meeting was called to order by
Miklosi
X
Representative Levy
Pace
X
Roberts
X
This Report was prepared by
Ryden
X
Jessika Shipley
Waller
X
McCann
X
Levy
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB09-1198
HB09-1227
HB09-1183
HB09-1181
Referred to the Committee of the Whole
Laid Over
Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole


01:33 PM -- House Bill 09-1198

Representative McGihon, prime sponsor, presented House Bill 09-1198 concerning the Uniform Power of Attorney Act. The bill is recommended by the Colorado Commission on Uniform State Laws. It repeals the existing law regarding power of attorney and substitutes the uniform act recommended by the National Conference of Commissioners of Uniform State Laws. The new uniform provides a set of default rules governing how people can deal with their property in case of future incapacity. She explained some of the terminology contained in the bill and responded to questions about how the uniform law differs from current Colorado law.


01:44 PM

The committee continued to discuss the use of powers of attorney in Colorado and how the bill might interact or conflict with existing powers of attorney. Questions were raised about whether Colorado's current laws on powers of attorney are generally consistent with similar laws in other states. Medical powers of attorney are specifically excluded from the provisions of this bill because Colorado has a separate set of laws for the different kinds of powers of attorney.

02:02 PM --
Sharon Eubanks, Office of Legislative Legal Services, appeared to answer committee questions about the presumptions contained in the bill.








02:10 PM --
Jan Zavislan, Colorado Attorney General's Office (AGO), spoke in (general) support of the bill. Mr. Zavislan indicated that the AGO is still considering the bill, but feels it is an important issue. He talked about the AGO's interest in elder abuse or exploitation. At a summit on the subject of exploitation of senior citizens held in 2008, powers of attorney was the main issue discussed. He stated that there are many provisions of the bill that make a great deal of sense. The uniform act addresses the depletion of a trust or estate and makes such depletion much more difficult. It also provides more transparency than what currently exists. Mr. Zavislan stated that the AGO will continue to look at issues of transparency, oversight, and enforcement. He responded to questions from the committee.

02:20 PM --
John DeBruyn, private citizen, spoke in support of the bill. Mr. DeBruyn is a practicing attorney in the area of probate law. He discussed the historical development of Colorado probate law and the uniform laws commission. He stated that uniformity is a great virtue, but stressed the importance of being flexible enough to change uniform laws when they do not work for Colorado. Abuse of incapacitated individuals is a problem that must be addressed and Mr. DeBruyn believes this bill will assist in doing so.

02:25 PM --
Mary Catherine Rabbitt, The Legal Center, spoke in support of the bill. Ms. Rabbitt discussed problems faced by elderly individuals who must face the consequences of an agent who mishandles their affairs. She pointed out provisions that she believes are an improvement to current law. Representative Roberts reiterated her desire for a comparison of how the uniform law is different from current practice in Colorado.

02:34 PM --
Sheryl Hutter, Colorado Cross-Disability Coalition, took a neutral position on the bill. Ms. Hutter does not want to lose the positive aspects of Colorado law concerning powers of attorney, but believes in increased enforcement against agents who abuse their powers.

02:36 PM --
Dennis Valentine, American Association for Retired Persons (AARP), spoke in support of the bill. Mr. Valentine sees the uniform law as a vast improvement over existing law. The three major areas of improvement are curbing instances of abuse, guidance for financial entities that receive a power of attorney, and the comprehensive form that is included in the bill.


02:44 PM

Representative McGihon wrapped up her presentation of the bill and asked for a favorable recommendation.




















BILL:HB09-1198
TIME: 02:48:11 PM
MOVED:McCann
MOTION:Refer House Bill 09-1198 to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 10-0, with 1 excused.
SECONDED:Levy
VOTE
Apuan
Yes
Court
Yes
Gardner B.
Yes
King
Yes
Miklosi
Yes
Pace
Yes
Roberts
Yes
Ryden
Excused
Waller
Yes
McCann
Yes
Levy
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


02:49 PM -- House Bill 09-1227

Representative Frangas, prime sponsor, presented House Bill 09-1227 concerning the protection of neighborhoods from negative impacts associated with rental properties. This bill permits the police to notify a landlord when a tenant is charged with a criminal act that constitutes a public nuisance, or if the police have received more than one complaint about such acts. If the tenant's acts constitute a substantial violation, a landlord may seek to terminate the rental agreement with the tenant. The bill expands the definition of equity skimming to include the collection of rent on a foreclosed property by any person other than the property owner.

The bill expands the notification provisions for cases involving landlords and tenants. Such cases are generally heard in county courts and do not require significant time or effort. Any increase in trial court activity is anticipated to be minimal and can be absorbed within existing appropriations. Violation of the crime of equity skimming is a class 5 felony. Information on prosecutions for equity skimming shows that there have been no convictions since 1997, and that recent charges of this crime are most often sentenced to probation or are pled down to a misdemeanor.

Representative Frangas distributed prepared amendments L.001 through L.004 (Attachments A-D). He read from several newspaper articles.

09HouseJud0209AttachA.pdf 09HouseJud0209AttachB.pdf

09HouseJud0209AttachC.pdf 09HouseJud0209AttachD.pdf





02:58 PM --
Meghan Pfanstiel, Rocky Mountain Home Association and Colorado Apartment Owners Association, spoke in support of the bill. Ms. Pfanstiel worked with Representative Frangas on the amendments and stated that they address her concerns with the bill. She responded to committee questions from the committee. The committee discussed the amendments.

03:16 PM --
Sheryl Hutter, Colorado Cross-Disability Coalition, spoke in support of the bill without the amendments. Ms. Hutter she stated that she has not had time to consider all of the amendments, but has concerns about possible exclusions of single family dwellings.

03:19 PM --
Deanne Stodden, Castle, Meinhold, & Stawiarski, spoke in support of the bill. Ms. Stodden would like to see the scope of equity skimming expanded to include the provisions in the bill. She responded to questions from the committee. The committee discussed the portion of the bill dealing with equity skimming and whether the bill would result in new convictions.


03:30 PM

The committee continued to discuss the repercussions of the amendments. Representative Frangas wrapped up his presentation of the bill and asked for a favorable recommendation.
BILL:HB09-1227
TIME: 03:35:06 PM
MOVED:Ryden
MOTION:Adopt prepared amendment L.001 (Attachment A). The motion failed on a vote of 2-9.
SECONDED:Court
VOTE
Apuan
No
Court
No
Gardner B.
No
King
No
Miklosi
No
Pace
No
Roberts
No
Ryden
Yes
Waller
No
McCann
Yes
Levy
No
Not Final YES: 2 NO: 9 EXC: 0 ABS: 0 FINAL ACTION: FAIL











BILL:HB09-1227
TIME: 03:44:10 PM
MOVED:Court
MOTION:Adopt prepared amendment L.002 (Attachment B). Ed DeCecco, Office of Legislative Legal Services testified about the language in the amendment concerning a substantial violation. He responded to questions from the committee. The motion failed on a vote of 5-6.
SECONDED:Levy
VOTE
Apuan
No
Court
Yes
Gardner B.
No
King
No
Miklosi
No
Pace
No
Roberts
No
Ryden
Yes
Waller
Yes
McCann
Yes
Levy
Yes
Not Final YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


03:47 PM

Representative Levy pulled the bill from the table and stated that it would be heard on February 19.


03:48 PM -- House Bill 09-1183

Representative Vaad, prime sponsor, presented House Bill 09-1183 concerning violations of laws related to real estate appraisers. The bill increases the penalty for violations of law related to real estate appraisals. Penalties for a first offense are increased from a class 3 misdemeanor to a class 1 misdemeanor. Under current law, penalties for second offenses that occur within 3 years of an original conviction are a class 1 misdemeanor. This bill increases that period from 3 to 5 years. The penalties for second offenses that occur within 5 years of the original conviction are increased from a class 1 misdemeanor to a class 5 felony. He expressed his opinion that judges be somehow encouraged to assess a fine rather than a sentence to jail or prison.

03:54 PM --
Tom Raynes, Colorado AGO, spoke in support of the bill. Mr. Raynes discussed a fairly recent increase in criminal acts of fraud related to real estate transactions. He explained that these cases are not usually prosecuted because they are complicated and with the mild nature of the penalty, most prosecutors are not willing to take the trouble. He indicated that there is a certain weighing of risk by dishonest real estate appraisers. He believes it makes sense to increase the penalty in order to act as a disincentive to such appraisers. He responded to questions from the committee about various real estate fraud schemes that require a faulty appraisal in order to proceed. He discussed Representative Vaad's desire to encourage a monetary penalty rather than a sentence to incarceration.






04:07 PM --
Zachary Urban, Colorado Department of Regulatory Agencies, Division of Real Estate, spoke in support of the bill. Mr. Urban discussed the revocation of real estate appraisal licenses and the cost to the state of inflated real estate appraisals in the form of lost tax revenue.


04:16 PM

The committee discussed the potential problems with the bill casting too wide a net and catching minor violations. Representative Vaad wrapped up his presentation of the bill and asked for a favorable recommendation.
BILL:HB09-1183
TIME: 04:17:33 PM
MOVED:King
MOTION:Refer House Bill 09-1183 to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 11-0.
SECONDED:Roberts
VOTE
Apuan
Yes
Court
Yes
Gardner B.
Yes
King
Yes
Miklosi
Yes
Pace
Yes
Roberts
Yes
Ryden
Yes
Waller
Yes
McCann
Yes
Levy
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


04:19 PM -- House Bill 09-1181

Representative McCann, prime sponsor, presented House Bill 09-1181 concerning the right of a victim to make a statement at a community corrections hearing. The bill authorizes a victim to make statement at the community corrections board hearing concerning an offender's placement in community corrections. Current law affords victims of crime the right to provide a written statement, an oral statement, or both concerning an offender's referral to community corrections. The community corrections board then has the discretion to determine whether the victim may make a separate oral statement to the board concerning the offender's placement in community corrections. This bill removes the board's discretion as to whether the victim may make a statement or not.


04:24 PM

Representative McCann responded to questions from the committee.







04:25 PM -- Leslie Hansen, 18th Judicial District Attorneys Office, spoke in support of the bill. Ms. Hansen stated her belief that victims deserve to have their voices heard at every stage of the process. She is a representative on the 18th Judicial District community correction board and she explained the process followed by offenders when they are applying to be accepted into community corrections. She indicated that offenders have ample opportunities to communicate with the community corrections boards, while victims do not have the same opportunities. Ms. Hansen provided anecdotal evidence about the amount of time it takes to allow various parties to make verbal statements. She discussed the process of a community corrections board hearing. She responded to questions from Representative Levy, stating that if victims were allowed to speak, she believed there would be safeguards on the process. She further stated that defense attorneys can participate if asked a question. Ms. Hansen responded to questions from Representative Waller, stating that this hearing is not considered a critical stage in the process.

04:38 PM -- Randall Raizen, representing himself, described his family's experiences as victims of crime. He testified in favor of the bill. He stated that if an inmate is not eligible for parole, he shouldn't be eligible for placement in a halfway house. He stated that victims should be allowed to speak.

04:41 PM -- Diane Raizen, representing herself, spoke in support of the bill. Ms. Raizen discussed her experience as a family member of a victim of violent crime.

04:43 PM -- Steve Siegel, Denver District Attorney's Office and Colorado Organization for Victims Assistance, spoke in support of the bill. Mr. Siegel stated that victims rarely have any power in a criminal case, but are significantly affected by the process. He urged the committee's support.

04:45 PM -- Sheri Rojo, representing herself, described her experience as a family member of a murder victim. She discussed her involvement in the process and expressed her desire to have more of a voice.

04:48 PM -- Pamela Martinez, representing himself, spoke in support of the bill. Ms. Martinez described her experience as a family member of a murder victim. Her case is in the City and County of Denver, where victims are permitted to make statements to the community corrections boards. She stated her belief that this should be a right given to victims across the whole state.

04:51 PM --
Scott and Lisa Brody, representing themselves, spoke in support of the bill. Ms. Brody read a written statement concerning their experience as family members of victims of sexual assault.

04:53 PM --
Joe Cannata, Voices of Victims, spoke in support of the bill . Mr. Cannata is a victims advocate and is the family member of a murder victim. He expressed his belief that all victims should have equal rights and an equal voice.

04:57 PM --
Rob Jump , representing himself, spoke in support of the bill. Mr. Jump described his experience with the community corrections board in Jefferson County.

04:59 PM --
Cathy Kohl, representing herself, spoke in support of the bill. Ms. Kohl described her experience with the community corrections board in Jefferson County. She filed a grievance under the Colorado Victims Rights Act.











05:01 PM --
Ted Tow, Colorado District Attorneys Council (CDAC), spoke in support of the bill. Mr. Tow talked about critical stages in a criminal case, which carry the right of a victim to speak. He discussed the ability of an offender to be placed in community corrections before the offender is eligible for parole. This bill would put a community corrections board hearing in the same category as any other hearing at which an offender's status may be changed. He responded to questions from the committee concerning the information provided to a community corrections board.

05:07 PM --
Joscelyn Martell, representing herself, spoke in support of the bill. Ms. Martell described her experience as a family member of a murder victim. She feels it is important to allow victims to speak.

05:08 PM --
Paul Prendergast, representing himself, spoke in opposition to the bill. Mr. Prendergast is a member of the Arapahoe County Community Corrections Board and has experience with the process of referring an individual to community corrections. He discussed the packets of information received by board members. Offenders who do not spend time in community corrections are generally just released into the community with no treatment and training. He stated that parole has much less supervision than community corrections and he believes that community corrections helps to stabilize offenders. He believes that the board is put in a position to retry a case if the victims are allowed to speak. He also stated his belief that offenders will almost always be rejected when victims are allowed to speak. He discussed the role of the board in terms of whether the offender presents a danger to the community and whether the offender is amenable to treatment. Mr. Prendergast responded to questions from the committee about training received by board members and the ability of board members to make impartial decisions when victims speak at the hearings. The committee continued to discuss the process of transitioning an offender to community corrections.

05:30 PM --
Diane Tremutola-Lawson, Colorado Association of Community Corrections Boards (CACCB), spoke in opposition to the bill. Ms. Tremutola-Lawson distributed a fact sheet about the bill (Attachment E). The CACCB voted unanimously to oppose the bill. She responded to questions from the committee about the process for filing a grievance against a board. She stressed that community corrections boards are structured in such a way to allow maximum local control of offenders.

09HouseJud0209AttachE.pdf






















BILL:HB09-1181
TIME: 05:38:01 PM
MOVED:McCann
MOTION:Adopt prepared amendment L.001 (Attachment F) The motion passed without objection.

09HouseJud0209AttachF.pdf
SECONDED:Court
VOTE
Apuan
Court
Gardner B.
King
Miklosi
Pace
Roberts
Ryden
Waller
McCann
Levy
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


05:38 PM

Representative McCann wrapped up her presentation of the bill and asked for a favorable recommendation. Members commented about their positions on the bill and asked additional questions of the sponsor.

05:41 PM --
Ted Tow returned to respond to questions about control over procedures and criteria for the community corrections.

05:42 PM --
Leslie Hansen responded to questions about whether state statutes control community corrections or if that is a matter of local control. Ms. Hansen stated that it is a mixture of state and local control.

05:44 PM --
Fran Coleman, Denver Community Corrections Board, spoke about the control of community corrections board procedures and criteria.














05:49 PM

The committee continued to comment about their positions on the bill.
BILL:HB09-1181
TIME: 05:51:36 PM
MOVED:McCann
MOTION:Refer House Bill 09-1181, as amended, to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 8-1, with 2 excused.
SECONDED:King
VOTE
Apuan
Yes
Court
Yes
Gardner B.
Excused
King
Yes
Miklosi
Yes
Pace
No
Roberts
Yes
Ryden
Yes
Waller
Excused
McCann
Yes
Levy
Yes
Final YES: 8 NO: 1 EXC: 2 ABS: 0 FINAL ACTION: PASS


05:52 PM

Representative Levy adjourned the committee.