House Committee on Judiciary (03/22/2010)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:	03/22/2010	ATTENDANCE

Time:	01:46 PM to 07:42 PM	Court	X
		Gardner B.	X
Place:	HCR 0107	Kagan	X
		King S.	X
This Meeting was called to order by		Miklosi	X
	Representative Levy	Nikkel	X
		Pace	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:
HB10-1284 SB10-042 SB10-048 SB10-066 HB10-1352		Amended, Referred to Appropriations Referred to the Committee of the Whole Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole Amended, Referred to Appropriations

01:47 PM -- House Bill 10-1284

Representatives Massey and Summers, sponsors, returned to the committee to discuss House Bill 10-1284, which was originally heard on Thursday, March 4, 2010. Representative Massey explained that the stakeholders have had extensive discussions about the concerns raised at the previous hearing and many of the amendments that were drafted sought to alleviate those concerns.


BILL:	HB10-1284
TIME:	02:23:14 PM
MOVED:	Gardner B.
MOTION:	Adopt prepared amendment L.053 (Attachment A), which significantly amends L.002 (Attachment B). Michael Dohr, Office of Legislative Legal Services, explained L.053 at length. Members of the committee asked questions and made comments about the amendment. The motion passed on a vote of 8-3.
SECONDED:	Court
		VOTE
	Court	Yes
	Gardner B.	No
	Kagan	Yes
	King S.	No
	Miklosi	Yes
	Nikkel	Yes
	Pace	Yes
	Ryden	Yes
	Waller	No
	McCann	Yes
	Levy	Yes
Not Final YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB10-1284
TIME:	02:22:12 PM
MOVED:	Kagan
MOTION:	Adopt prepared amendment L.068 (Attachment C), which amends L.053 (Attachment A). The motion passed without objection.
SECONDED:	Nikkel
		VOTE
	Court
	Gardner B.
	Kagan
	King S.
	Miklosi
	Nikkel
	Pace
	Ryden
	Waller
	McCann
	Levy
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB10-1284
TIME:	02:27:38 PM
MOVED:	Kagan
MOTION:	Adopt prepared amendment L.066 (Attachment D), which amends L.002 (Attachment B). Representative Kagan explained the amendment, which removes the option for local governments to prohibit medical marijuana centers. Members of the committee commented about the amendment. The motion passed on a vote of 6-5.
SECONDED:	Pace
		VOTE
	Court	Yes
	Gardner B.	No
	Kagan	Yes
	King S.	No
	Miklosi	Yes
	Nikkel	No
	Pace	Yes
	Ryden	Yes
	Waller	No
	McCann	No
	Levy	Yes
Not Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB10-1284
TIME:	02:30:36 PM
MOVED:	Levy
MOTION:	Adopt prepared amendment L.062 (Attachment E), which amends L.002 (Attachment B).. Representative Levy explained L.062. The motion passed without objection.
SECONDED:	McCann
		VOTE
	Court
	Gardner B.
	Kagan
	King S.
	Miklosi
	Nikkel
	Pace
	Ryden
	Waller
	McCann
	Levy
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB10-1284
TIME:	02:39:11 PM
MOVED:	Pace
MOTION:	Adopt prepared amendment L.057 (Attachment F), which amends L.002 (Attachment B). Amendment L.057 requires the Colorado Department of Public Health and Environment to conduct a hearing to determine whether post-traumatic stress disorder should qualify as a debilitating medical condition for the purposes of the state constitution. Members of the committee commented about the amendment. The motion failed on a vote of 5-6.
SECONDED:	Miklosi
		VOTE
	Court	No
	Gardner B.	No
	Kagan	Yes
	King S.	No
	Miklosi	Yes
	Nikkel	No
	Pace	Yes
	Ryden	Yes
	Waller	No
	McCann	Yes
	Levy	No
Not Final YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB10-1284
TIME:	02:40:24 PM
MOVED:	King S.
MOTION:	Adopt prepared amendment L.055 (Attachment G), which amends L.002 (Attachment B). Amendment L.055 would prohibit medical marijuana from being ingested through smoke. Members of the committee asked questions and commented about the amendment. The motion failed on a vote of 3-8.
SECONDED:	Waller
		VOTE
	Court	No
	Gardner B.	Yes
	Kagan	No
	King S.	Yes
	Miklosi	No
	Nikkel	No
	Pace	No
	Ryden	No
	Waller	Yes
	McCann	No
	Levy	No
Not Final YES: 3 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB10-1284
TIME:	02:50:25 PM
MOVED:	McCann
MOTION:	Adopt prepared amendment L.005 (Attachment H), which amends L.002 (Attachment B). Amendment L.005 would prohibit the placement of a medical marijuana center in a residential area. Members of the committee asked questions and commented about the amendment. The motion failed on a vote of 5-6.
SECONDED:	Levy
		VOTE
	Court	No
	Gardner B.	Yes
	Kagan	No
	King S.	Yes
	Miklosi	No
	Nikkel	Yes
	Pace	No
	Ryden	No
	Waller	Yes
	McCann	Yes
	Levy	No

Not Final YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB10-1284
TIME:	02:51:08 PM
MOVED:	McCann
MOTION:	Adopt prepared amendment L.009 (Attachment I), which amends L.002 (Attachment B). The motion passed without objection.
SECONDED:	Levy
		VOTE
	Court
	Gardner B.
	Kagan
	King S.
	Miklosi
	Nikkel
	Pace
	Ryden
	Waller
	McCann
	Levy
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB10-1284
TIME:	02:53:10 PM
MOVED:	Levy
MOTION:	Adopt an amendment to L.009 (Attachment I) on line 11, after "licensed" insert "pursuant". The motion passed without objection.
SECONDED:	Gardner B.
		VOTE
	Court
	Gardner B.
	Kagan
	King S.
	Miklosi
	Nikkel
	Pace
	Ryden
	Waller
	McCann
	Levy
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB10-1284
TIME:	02:53:48 PM
MOVED:	McCann
MOTION:	Adopt prepared amendment L.011 (Attachment J), which amends L.002 (Attachment B). The motion passed without objection.
SECONDED:	Levy
		VOTE
	Court
	Gardner B.
	Kagan
	King S.
	Miklosi
	Nikkel
	Pace
	Ryden
	Waller
	McCann
	Levy
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB10-1284
TIME:	02:55:00 PM
MOVED:	McCann
MOTION:	Adopt prepared amendment L.060 (Attachment K), which amends L.002 (Attachment B). The motion passed without objection.
SECONDED:	Levy
		VOTE
	Court
	Gardner B.
	Kagan
	King S.
	Miklosi
	Nikkel
	Pace
	Ryden
	Waller
	McCann
	Levy
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB10-1284
TIME:	02:56:34 PM
MOVED:	Levy
MOTION:	WITHDRAWN: Adopt prepared amendment L.064 (Attachment L), which amends L.002 (Attachment B). Representative Levy explained the amendment. Members of the committee asked questions and commented about the amendment. The motion was withdrawn after discussion.
SECONDED:	McCann
		VOTE
	Court
	Gardner B.
	Kagan
	King S.
	Miklosi
	Nikkel
	Pace
	Ryden
	Waller
	McCann
	Levy
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE


BILL:	HB10-1284
TIME:	03:13:24 PM
MOVED:	Pace
MOTION:	Adopt prepared amendment L.051 (Attachment M), which amends L.002 (Attachment B). Representative Pace explained that the amendment addresses the use of tax revenue generated by the bill. Representative B. Gardner raised a question about whether the amendment fits under the title of the bill. The chair ruled that the amendment does fit under the title. Members of the committee asked questions and made comments about the amendment. The motion passed on a vote of 8-3.
SECONDED:	Miklosi
		VOTE
	Court	No
	Gardner B.	No
	Kagan	Yes
	King S.	Yes
	Miklosi	Yes
	Nikkel	Yes
	Pace	Yes
	Ryden	Yes
	Waller	No
	McCann	Yes
	Levy	Yes
Not Final YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB10-1284
TIME:	03:14:41 PM
MOVED:	Levy
MOTION:	Adopt a conceptual amendment to L.051 (Attachment M). The amendment concerned the allocation of tax revenue. The motion passed without objection.
SECONDED:	Pace
		VOTE
	Court
	Gardner B.
	Kagan
	King S.
	Miklosi
	Nikkel
	Pace
	Ryden
	Waller
	McCann
	Levy
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB10-1284
TIME:	03:22:45 PM
MOVED:	Levy
MOTION:	Adopt prepared amendment L.059 (Attachment N), which amends L.002 (Attachment B). Members of the committee asked questions and commented about the amendment. The motion passed without objection.
SECONDED:	Court
		VOTE
	Court
	Gardner B.
	Kagan
	King S.
	Miklosi
	Nikkel
	Pace
	Ryden
	Waller
	McCann
	Levy
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB10-1284
TIME:	03:24:13 PM
MOVED:	Levy
MOTION:	Adopt prepared amendment L.063 (Attachment O), which amends L.002 (Attachment B). The motion passed without objection.
SECONDED:	Court
		VOTE
	Court
	Gardner B.
	Kagan
	King S.
	Miklosi
	Nikkel
	Pace
	Ryden
	Waller
	McCann
	Levy
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB10-1284
TIME:	03:32:11 PM
MOVED:	King S.
MOTION:	Adopt prepared amendment L.052 (Attachment P), which amends L.002 (Attachment B). Representative King explained that the amendment adds the smoking of marijuana to definitions of prohibited acts under the Colorado Clean Indoor Air Act. Members of the committee asked questions and commented about the amendment. The motion passed on a vote of 10-1.
SECONDED:	Gardner B.
		VOTE
	Court	Yes
	Gardner B.	Yes
	Kagan	Yes
	King S.	Yes
	Miklosi	Yes
	Nikkel	Yes
	Pace	Yes
	Ryden	No
	Waller	Yes
	McCann	Yes
	Levy	Yes
Not Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:36 PM

Representative Levy made comments about amendments she intends to offer on second reading.


BILL:	HB10-1284
TIME:	03:37:22 PM
MOVED:	Court
MOTION:	Adopt prepared amendment L.002 (Attachment B). The amendment strikes everything below the enacting clause. Members of the committee commented about their positions on the amendment and the bill. The motion passed on a vote of 7-4.
SECONDED:	McCann
		VOTE
	Court	Yes
	Gardner B.	No
	Kagan	Yes
	King S.	No
	Miklosi	Yes
	Nikkel	No
	Pace	Yes
	Ryden	Yes
	Waller	No
	McCann	Yes
	Levy	Yes
Not Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB10-1284
TIME:	03:47:39 PM
MOVED:	Court
MOTION:	Refer House Bill 10-1284, as amended, to the Committee on Appropriations with a favorable recommendation. Members of the committee commented about their positions on the bill. The motion passed on a vote of 7-4.
SECONDED:	Kagan
		VOTE
	Court	Yes
	Gardner B.	No
	Kagan	Yes
	King S.	No
	Miklosi	Yes
	Nikkel	No
	Pace	Yes
	Ryden	Yes
	Waller	No
	McCann	Yes
	Levy	Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:51 PM -- Senate Bill 10-042

Representatives Frangas and Kefalas, sponsors, presented Senate Bill 10-042 concerning prior consent for release of financial information to facilitate investigations of financial exploitation of at-risk adults. Current law requires financial institutions, upon the request of a consumer who is over 60 years of age or is an at-risk adult, to provide the option of signing an informed consent form to be placed in the consumer's records. Such forms allow financial institutions to disclose the consumer's financial records in connection with an investigation of financial exploitation. This requirement is in the Colorado Human Services Code.

The reengrossed bill adds a new article to Title 6 of the Colorado Revised Statutes that pertains to consumer and commercial affairs. It requires financial institutions to offer each eligible account holder who is or becomes an at-risk adult, as defined in the Colorado Criminal Code, the option to voluntarily sign a prior consent form for placement in the account holder's file. In signing the form, the account holder waives the confidentiality limitations related to his or her financial records for the purpose of investigations of financial exploitation. Nothing in the article or in a signed prior consent form obligates a financial institution to report known or suspected financial exploitation of an account holder.

The Attorney General is required to develop the prior consent form by September 1, 2010. The form shall be developed with input from the Division of Banking and the Division of Financial Services in the Department of Regulatory Agencies, and other specified stakeholders.

03:57 PM -- Jan Zavislan, Colorado Attorney General's Office, spoke in support of the bill. Mr. Zavislan discussed current law with regard to financial consent forms for the elderly and at-risk adults. He stated that the bill makes it mandatory for financial institutions to offer advance consent forms to all customers. It does not require banks to identify which customers are at-risk adults.

04:03 PM -- Ralph Stevenson, Denver District Attorney's Office, spoke in support of the bill. Mr. Stevenson is assigned to investigate financial exploitation of at-risk victims. He provided background information about such investigations. He spoke to the indicators of financial exploitation and stated that his biggest hurdle as an investigator is gaining access to pertinent financial records in a timely fashion.

04:07 PM -- Janice Beitz, representing herself, spoke in support of the bill. Ms. Beitz submitted written testimony (Attachment Q) and read from her prepared remarks about her family's experience with financial exploitation.

04:11 PM -- Jeanette Hensley, Department of Human Services, spoke in support of the bill. Ms. Hensley discussed a recent increase in financial exploitation cases related to at-risk adults. Such crimes are difficult to investigate and prosecute due to the confidentiality of financial records. She stressed that the bill only gives bank customers the option of signing an advance consent form, but does not mandate that they do so. Ms. Hensley spoke to the education efforts that will be undertaken with regard to the bill. She responded to questions from the committee about the determination of who is an at-risk adult. The bill requires individuals to opt in to the use of the consent forms.

04:21 PM -- Charles Carter, Colorado Senior Lobby, spoke in support of the bill. Mr. Carter stressed the importance of signing advanced consent in order to decrease the risk of becoming a victim of financial exploitation. He provided examples of senior citizens who have been financially exploited, leaving the seniors destitute.

04:27 PM -- Mark Randall, Colorado District Attorneys' Council (CDAC), spoke in support of the bill. Mr. Randall discussed the problem of identity theft, especially with regard to at-risk adults. He responded to questions from the committee.

04:35 PM -- Julie Bowen, National Private Duty Association, spoke in support of the bill. Ms. Bowen discussed her experience working with senior citizens.

04:37 PM

Representative Kefalas wrapped up his presentation of the bill and asked for a favorable recommendation.


BILL:	SB10-042
TIME:	04:39:49 PM
MOVED:	Court
MOTION:	Refer Senate Bill 10-042 to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 11-0.
SECONDED:	Nikkel
		VOTE
	Court	Yes
	Gardner B.	Yes
	Kagan	Yes
	King S.	Yes
	Miklosi	Yes
	Nikkel	Yes
	Pace	Yes
	Ryden	Yes
	Waller	Yes
	McCann	Yes
	Levy	Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:40 PM -- Senate Bill 10-048

Representative Levy, sponsor, presented Senate Bill 10-048 concerning the regulation of the purchase of commodity scrap metals. The reengrossed bill modifies current law to require the buyer of commodity scrap metal to take a photograph of the seller. The photograph must remain with records of the sale and be kept on file for 1 year. If the transaction is more than $300, the buyer must pay the seller by check unless the seller is paid by means of an automatic cash machine that takes a frontal picture of the seller when the money is paid. The bill repeals the current statutory provision that a commodity scrap metal purchase under 25 pounds is exempt from regulation. Finally, the bill amends the definition of "commodity metal." The bill is applicable to sales made on or after the effective date.

Representative Levy responded to committee questions about the bill. She provided clarification to Representative Waller about the types of metals subject to the provisions of the bill. Representative Pace expressed concern about taking photographs of the buyer, asking whether other states have this requirement. Representative Levy provided examples of a number of states with these requirements.

04:49 PM

Committee questions for the sponsor continued, with Representative Gardner commenting that the current law requires the seller to verify his or her identity pursuant to statute.

04:58 PM -- Jerry Simms, representing Atlas Metal and Iron Corporation and the Institute of Scrap Recycling Industries, spoke in support of the bill. Mr. Simms spoke about his experience as a scrap metal dealer and indicated that the bill would not be burdensome to dealers like him. He responded to questions from the committee about the magnitude of the problem of commodity metal theft in Colorado. The committee discussed whether the bill goes far enough.

05:06 PM -- David Youngberg, Western Metals Recycling, spoke in support of the bill. Mr. Youngberg stated that metal recyclers want to find a way to curtail commodity metal theft without creating an undue burden on the recyclers. He discussed the creation of a level playing field.

05:08 PM -- Peg Ackerman, County Sheriffs of Colorado, spoke in support of the bill. Ms. Ackerman discussed the problem of commodity metal theft, especially from construction sites. She indicated that the bill provides a deterrent to criminals.


BILL:	SB10-048
TIME:	05:11:04 PM
MOVED:	Gardner B.
MOTION:	Conceptually amend the bill to return it back to the introduced version. Strike lines 13 through 17 and substitute "The owner, keeper, proprietor, collector, or dealer shall not pay the seller of a commodity metal until five days after the seller delivers the commodity metal to the owner, keeper, proprietor, collector, or dealer, who shall pay by check and mail it to the address given by the seller." The motion failed on a vote of 2-8, with 1 excused.
SECONDED:	King S.
		VOTE
	Court	No
	Gardner B.	Yes
	Kagan	No
	King S.	No
	Miklosi	No
	Nikkel	Yes
	Pace	No
	Ryden	No
	Waller	Excused
	McCann	No
	Levy	No
Not Final YES: 2 NO: 8 EXC: 1 ABS: 0 FINAL ACTION: FAIL

05:15 PM

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


BILL:	SB10-048
TIME:	05:16:18 PM
MOVED:	Levy
MOTION:	Refer Senate Bill 10-048 to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 8-3.
SECONDED:	Court
		VOTE
	Court	Yes
	Gardner B.	No
	Kagan	Yes
	King S.	Yes
	Miklosi	Yes
	Nikkel	No
	Pace	Yes
	Ryden	Yes
	Waller	No
	McCann	Yes
	Levy	Yes
Final YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

05:17 PM -- Senate Bill 10-066

Representative Levy, sponsor, presented Senate Bill 10-066 concerning the requirement that certain persons report child abuse or neglect. She distributed prepared amendment L.005 (Attachment R). Under current law, a mandatory reporter must report suspected child abuse and neglect even if the child is no longer a minor. The reengrossed bill removes this requirement if the mandatory reporter:

• does not learn of the abuse or neglect until after the child is over the age of 18; and
• does not have reasonable cause to suspect that the perpetrator has abused or neglected any other children who are currently below the age of 18 years old.

05:21 PM -- Erin Jemison and Jennifer Eyl, Colorado Coaltion Against Sexual Assault, spoke in support of the bill. Ms. Jemison provided information about the work of the coalition with regard to support services for victims of sexual assault. She testified to the need for the bill. She expressed her concern that the law around mandatory reporting of abuse is ambiguous when the victim is an adult and cases are not handled consistently because different professionals interpret the law differently. She stated that the bill provides clear guidelines for statewide sexual assault victim service providers.

05:28 PM

The committee discussed mandatory reporting requirements and the treatment of victims of child abuse or neglect.

05:36 PM -- Jean Greenberg, representing Sarah Lincoln, spoke in support of the bill. Ms. Greenberg read a statement from Ms. Lincoln, who is a psychotherapist working with families who have experienced abuse.

05:41 PM -- Lynn Tolson, representing herself, spoke in support of the bill. Ms. Tolson related details of her experience as a victim of child abuse and incest. She discussed the time it took her to reveal the details of her experience to a therapist. She stated her belief that she would not have recovered if she thought her therapist would report the identity of her abusers to any law enforcement authorities. She asked for support of the bill, which would clarify the law.

05:47 PM -- Anne Guarnera, WINGS Foundation, spoke in support of the bill. Ms. Guarnera explained the mission statement of the WINGS Foundation with regard to providing support for victims of abuse. She discussed a survey she did of her clients concerning their opinions about mandatory reporting of abuse. A large majority indicated that they would be unwilling to discuss their abuse if they believed it would be reported. Ms. Guarnera responded to questions from the committee.

05:54 PM -- Dr. Marguerite Stewart, Denver Psychoanalytic Society, spoke in support of the bill. Dr. Stewart is a psychotherapist who deals with victims of abuse and neglect. She discussed the importance of treatment and therapy, specifically the need for trust between a psychotherapist and his or her patient.

06:01 PM -- Dr. Fred Mimmack, representing himself, spoke in support of the bill. Dr. Mimmack discussed his clinical experience treating victims of childhood sexual assault. He spoke to the various disorders that are common to such victims.

06:05 PM -- Sarah Sowter, representing herself, spoke in support of the bill. Ms. Sowter talked about the ambiguity of current law with regard to mandatory reporting. She indicated that such a mandatory requirement hinders effective communication, advocacy, treatment, and support of victims. Some victims do not want to report abuse out of concern for personal safety and that of their families. Ms. Sowter discussed situations in which reporting the identity of an alleged abuser is absolutely appropriate and talked about situations in which it is not necessary. She stated that the bill does not seek to lower accountability of mandatory reporters.

06:10 PM -- Diana Goldberg, representing the Sungate Kids Childhood Advocacy Center and the Colorado Children's Alliance, took a neutral position on the bill. Ms. Goldberg agrees that current law is ambiguous and needs clarification. She also stated her opinion that it is crucial to report alleged abusers to law enforcement and social services organizations. She took exception to the idea that every disclosure of abuse leads to a traumatic experience for the victim. In her opinion, law enforcement officers are well-equipped to make decisions about investigating child abuse.

06:15 PM -- Maureen Cain, representing herself, spoke in support of the bill. Ms. Cain discussed her experience as an attorney representing victims of child abuse. She talked about confusion around the mandatory reporting requirement in current law. She spoke to case law on the idea of a person of trust, which is addressed by amendment L.005 (Attachment R). Ms. Cain responded to questions from the committee.

06:21 PM -- Dr. Skip Barber, Colorado Association of Family and Children's Agencies, spoke in support of the bill. Dr. Barber supports amendment L.005 because he believes the Senate went too far in amending the bill. He responded to questions from the committee.

06:28 PM -- Pat Ratliff, Colorado Counties, Inc., testified about the bill. Ms. Ratliff indicated that the county commissioners support the bill with the addition of amendment L.005. She talked about the public safety issues that may arise when abuse is not reported.

06:30 PM -- Ted Tow, CDAC, spoke in support of the bill and amendment L.005. Mr. Tow agreed with prior witnesses that current law lacks clarity with regard to mandatory reporting. He stressed that, unless there is a reason to suspect that a child has been or is being abused, the prosecuting authority does not have a duty to investigate. Mr. Tow responded to questions from the committee.


BILL:	SB10-066
TIME:	06:43:54 PM
MOVED:	Levy
MOTION:	Adopt prepared amendment L.005 (Attachment R). The motion passed without objection.
SECONDED:	Gardner B.
		VOTE
	Court
	Gardner B.
	Kagan
	King S.
	Miklosi
	Nikkel
	Pace
	Ryden
	Waller
	McCann
	Levy
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB10-066
TIME:	06:43:25 PM
MOVED:	Levy
MOTION:	Refer Senate Bill 10-066, as amended, to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 11-0.
SECONDED:	Court
		VOTE
	Court	Yes
	Gardner B.	Yes
	Kagan	Yes
	King S.	Yes
	Miklosi	Yes
	Nikkel	Yes
	Pace	Yes
	Ryden	Yes
	Waller	Yes
	McCann	Yes
	Levy	Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

06:45 PM -- House Bill 10-1352

Representative Waller, prime sponsor, presented House Bill 10-1352 concerning changes to crimes involving controlled substances. The bill makes a number of changes to offenses related to controlled substances. In particular, it:

• lowers the penalty for the unlawful use of a controlled substance from various levels, depending on the circumstances, to a class 2 misdemeanor, regardless of the circumstances;
• separates the crime of possession of a controlled substance (other than marijuana) from the crime of manufacturing, dispensing, selling, distributing, or possessing with intent to manufacture, dispense, sell, or distribute;
• creates the new crime of sale of a controlled substance to a minor, which is a class 3 felony and carries a mandatory prison sentence;
• lowers the penalties for the crimes of unlawful possession of a controlled substance and manufacturing, dispensing, selling, distributing, or possessing with intent to manufacture, dispense, sell, or distribute;
• substantially changes offenses related to marijuana with regard to the amount required to constitute a crime and lowers associated penalties;
• requires the court, in a case where an individual who is 18 or older is convicted of transferring or dispensing any amount of marijuana to a person under the age of 15, to sentence the defendant to a mandatory period of incarceration;
• increases the amount of a schedule I or II controlled substance necessary for a defendant, who is convicted of unlawfully introducing, distributing, or importing such a substance into Colorado, to be designated as a special offender for sentencing purposes;
• clarifies the conditions under which possession of a firearm in the commission of a drug offense designates a defendant as a special offender;
• lowers the penalty for fraud and deceit related to a controlled substance to a class 6 felony;
• directs the General Assembly to use a portion of the savings generated by the bill to fund costs associated with community-based substance abuse treatment;

• requires the Division of Criminal Justice (DCJ) in the Department of Public Safety to annually analyze the amount of fiscal savings the bill generates over the previous fiscal year and report such analysis to the Joint Budget Committee.

Representative Waller distributed prepared amendments L.001, L.002, L.003, and L.004 (Attachments S, T, U, and V).

06:49 PM -- Tom Raynes, Colorado Attorney General's Office, and Maureen Cain, Colorado Criminal Defense Bar, spoke in support of the bill. The bill is recommended by the Colorado Commission on Criminal and Juvenile Justice (CCCJJ). Mr. Raynes discussed the recidivism of offenders convicted of offenses related to controlled substances. He talked about the importance of treatment for drug offenders. Mr. Raynes and Ms. Cain went through each section of the bill, explaining the changes at length. Ms. Cain responded to questions from Representative Ryden about distinguishing between powder and crack cocaine.

07:11 PM -- Mark Randall, CDAC, spoke in support of the bill. Mr. Randall expressed his opinion that treatment of drug offenders is key to reducing recidivism. He talked about the wording of the section of the bill concerning possession and the wording of the unlawful distribution, manufacturing, dispensing, sale, or possession section.

07:14 PM -- Paul Thompson, representing himself, spoke in support of the bill. Mr. Thompson related details of his experience as a drug offender who now works in the treatment field. He responded to questions from the committee about his experience with drug addiction.

07:18 PM -- Beverly Kinard, Christian Drug Education Center, spoke in opposition to the bill. Ms. Kinard discussed her experience working with families affected by drug addiction. She stated her opinion that reducing the penalties for crimes related to marijuana sends a message to children that marijuana is not dangerous. She indicated that prison sentences are an incentive for some individuals to get treatment for addiction. She expressed her concerns about the effects of drug addiction on the lives of children and families. Ms. Kinard responded to questions from the committee about the costs of substance abuse treatment.


BILL:	HB10-1352
TIME:	07:30:37 PM
MOVED:	Waller
MOTION:	Adopt prepared amendment L.001 (Attachment S). The motion passed without objection.
SECONDED:	Miklosi
		VOTE
	Court
	Gardner B.
	Kagan
	King S.
	Miklosi
	Nikkel
	Pace
	Ryden
	Waller
	McCann
	Levy
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB10-1352
TIME:	07:31:50 PM
MOVED:	Waller
MOTION:	Adopt prepared amendment L.002 (Attachment T). The motion passed without objection.
SECONDED:	Court
		VOTE
	Court
	Gardner B.
	Kagan
	King S.
	Miklosi
	Nikkel
	Pace
	Ryden
	Waller
	McCann
	Levy
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB10-1352
TIME:	07:32:19 PM
MOVED:	Waller
MOTION:	Adopt prepared amendment L.003 (Attachment U). The motion passed without objection.
SECONDED:	Court
		VOTE
	Court
	Gardner B.
	Kagan
	King S.
	Miklosi
	Nikkel
	Pace
	Ryden
	Waller
	McCann
	Levy
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB10-1352
TIME:	07:32:58 PM
MOVED:	Waller
MOTION:	Adopt prepared amendment L.004 (Attachment V). Representative Waller answered committee questions about the amendment. The motion passed without objection.
SECONDED:	Nikkel
		VOTE
	Court
	Gardner B.
	Kagan
	King S.
	Miklosi
	Nikkel
	Pace
	Ryden
	Waller
	McCann
	Levy
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB10-1352
TIME:	07:39:51 PM
MOVED:	Waller
MOTION:	Refer House Bill 10-1352, as amended, to the Committee on Appropriations with a favorable recommendation. The motion passed on a vote of 11-0.
SECONDED:	Court
		VOTE
	Court	Yes
	Gardner B.	Yes
	Kagan	Yes
	King S.	Yes
	Miklosi	Yes
	Nikkel	Yes
	Pace	Yes
	Ryden	Yes
	Waller	Yes
	McCann	Yes
	Levy	Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

07:41 PM

Representative Levy adjourned the committee.