House Committee on Judiciary (02/21/2012)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:	02/21/2012	ATTENDANCE

Time:	01:34 PM to 05:07 PM	DelGrosso	*
		Duran	X
Place:	HCR 0107	Kagan	*
		Lee	X
This Meeting was called to order by		Nikkel	X
	Representative Gardner B.	Pabon	X
		Ryden	X
This Report was prepared by		Sonnenberg	*
	Jessika Shipley	Waller	X
		Barker	X
		Gardner B.	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB12-1256 HB12-1168 HB12-1206 HB12-1130 HB12-1283 HB12-1130 HB12-1130 HB12-1208		Postponed Indefinitely Amended, Referred to the Committee of the Whole Referred to the Committee of the Whole Amended, Referred to Appropriations Referred to the Committee of the Whole Amended, Referred to Appropriations Amended, Referred to Appropriations Postponed Indefinitely

01:35 PM -- House Bill 12-1256

Representative McCann, prime sponsor, announced that she would ask the committee to postpone House Bill 12-1256 indefinitely. The bill creates a presumption that maintenance will be awarded to one of the parties in a dissolution of marriage action filed on or after July 1, 2012, and provides a formula for the presumptive award in cases where the parties meet certain income and duration of marriage criteria. The amount and term of maintenance awarded by the court must take into account factors relating to fairness and equity, such as the financial resources of the parties, age and health of the parties, and contribution of a party to the advancement of the spouse's economic, educational, or occupational situation.

The bill provides for three categories of maintenance:

• general term maintenance, which lasts for a term of 21 months (35 percent of the duration of a five-year marriage) up to 65 percent of the duration of the marriage (for marriages of 20 years or more), and may not be modified to exceed 100 percent of the duration of the marriage except in extraordinary circumstances;
• reimbursement maintenance, for marriages of less than 5 years, which may not last more than 24 months and is specifically to compensate the recipient for contributions to the spouse's economic, educational, or occupational advancement; and
• transitional maintenance, for marriages of less than 5 years, which may not last more than 24 months and is to assist the recipient spouse with readjustment in lifestyle or to assist the recipient in obtaining self-sufficiency.

A court may require a party ordered to pay maintenance to provide reasonable security for future payments. The court may also waive maintenance or deviate from the statutory formula if the parties agree to a different amount or different terms in a written instrument that provides specific reasons for the variance from statute.

01:36 PM -- Richard Rotole, representing the Colorado Bar Association, testified about the bill. Mr. Rotole stated that the bar association does not support the bill because it represents a major shift in Colorado law. He proposed the formation of a task force to study the issue further. He indicated his willingness to work with such a task force to move the issue forward. Mr. Rotole responded to questions from the committee about spousal maintenance and the future development of a task force comprised of stakeholders.

01:48 PM

Representative McCann made remarks about her reason for sponsoring the bill and for asking that it be postponed indefinitely.


BILL:	HB12-1256
TIME:	01:49:56 PM
MOVED:	Lee
MOTION:	Postpone House Bill 12-1256 indefinitely. The motion passed on a vote of 10-0, with 1 excused.
SECONDED:	Duran
		VOTE
	DelGrosso	Yes
	Duran	Yes
	Kagan	Yes
	Lee	Yes
	Nikkel	Yes
	Pabon	Excused
	Ryden	Yes
	Sonnenberg	Yes
	Waller	Yes
	Barker	Yes
	Gardner B.	Yes

Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

01:50 PM -- House Bill 12-1168

Representative Young, prime sponsor, returned to the committee to discuss House Bill 12-1168, which was originally considered by the committee on Thursday, February 16, 2012. He distributed and explained prepared amendments L.001 and L.003 (Attachments A and B). Prepared amendment L.004 (Attachment C) was also distributed to the committee.


BILL:	HB12-1168
TIME:	01:53:16 PM
MOVED:	Ryden
MOTION:	Adopt prepared amendment L.001 (Attachment A). The committee discussed the changes made by the amendment. The motion passed without objection.
SECONDED:	Duran
		VOTE
	DelGrosso
	Duran
	Kagan
	Lee
	Nikkel
	Pabon
	Ryden
	Sonnenberg
	Waller
	Barker
	Gardner B.

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB12-1168
TIME:	01:57:35 PM
MOVED:	Ryden
MOTION:	Adopt prepared amendment L.003 (Attachment B). The motion passed without objection.
SECONDED:	Duran
		VOTE
	DelGrosso
	Duran
	Kagan
	Lee
	Nikkel
	Pabon
	Ryden
	Sonnenberg
	Waller
	Barker
	Gardner B.

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

01:58 PM

The committee discussed the effect of prepared amendment L.004.

02:13 PM

The committee took a brief recess.

02:14 PM

The committee came back to order.


BILL:	HB12-1168
TIME:	02:14:40 PM
MOVED:	Barker
MOTION:	Adopt prepared amendment L.004 (Attachment C). The motion failed on a vote of 5-6.
SECONDED:	Duran
		VOTE
	DelGrosso	Yes
	Duran	No
	Kagan	No
	Lee	No
	Nikkel	No
	Pabon	No
	Ryden	No
	Sonnenberg	Yes
	Waller	Yes
	Barker	Yes
	Gardner B.	Yes

YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL

02:15 PM

Representative Young wrapped up his presentation of the bill. Members of the committee commented about their positions on the bill.


BILL:	HB12-1168
TIME:	02:17:41 PM
MOVED:	Ryden
MOTION:	Refer House Bill 12-1168, as amended, to the Committee of the Whole. The motion passed on a vote of 6-5.
SECONDED:	Pabon
		VOTE
	DelGrosso	No
	Duran	Yes
	Kagan	Yes
	Lee	Yes
	Nikkel	No
	Pabon	Yes
	Ryden	Yes
	Sonnenberg	No
	Waller	No
	Barker	Yes
	Gardner B.	No

Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:19 PM -- House Bill 12-1206

Representative Acree, prime sponsor, presented House Bill 12-1206 concerning the implementation of sunset review of the Cold Case Task Force. The bill expands the Cold Case Task Force to include a forensic pathologist and extends the task force's repeal date to September 1, 2019. Under current law, the task force is set to expire on July 1, 2012. The 15-member Cold Case Task Force was established under House Bill 07-1272 and is comprised of representatives from the Department of Public Safety (DPS), Attorney General's Office, Colorado District Attorneys' Council, statewide victims' advocacy organizations, sheriffs, police chiefs, and victims' families. Members serve without compensation, but are entitled to receive reimbursement for actual and necessary expenses incurred in connection with their service.

02:22 PM -- Sheriff Grayson Robinson, representing the County Sheriffs of Colorado, testified in support of the bill.

02:23 PM -- Ron Sloan, representing the Colorado Bureau of Investigation, testified in support of the bill.


BILL:	HB12-1206
TIME:	02:24:44 PM
MOVED:	Sonnenberg
MOTION:	Refer House Bill 12-1206 to the Committee of the Whole. The motion passed on a vote of 9-0, with 2 excused.
SECONDED:	DelGrosso
		VOTE
	DelGrosso	Yes
	Duran	Yes
	Kagan	Yes
	Lee	Yes
	Nikkel	Yes
	Pabon	Excused
	Ryden	Yes
	Sonnenberg	Yes
	Waller	Excused
	Barker	Yes
	Gardner B.	Yes

Final YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

02:26 PM -- House Bill 12-1130

Representative Joshi, prime sponsor, presented House Bill 12-1130 concerning offenses against an unborn child. He presented prepared amendment L.002 (Attachment D), which strikes everything below the enacting clause. According to the strike-below amendment, if a crime is committed and it is the proximate cause of death or injury to an unborn member of the species homo sapiens, the perpetrator may be charged for the death or assault of the unborn child. These charges may be brought together with any charges brought as a result of the death of or injury to the woman carrying the unborn child.

The committee discussed the effect of the strike-below amendment.

02:36 PM -- Dan May, District Attorney for the Fourth Judicial District, testified in support of the bill. Mr. May explained his understanding of the strike below amendment. He pointed out that the amendment requires the commission of an existing crime that the prosecutor can prove is the proximate cause of death or injury to an unborn member of the species homo sapiens. He responded to questions from the committee about whether the bill makes abortion a crime and whether it defines personhood.

02:52 PM

The committee discussed a number of possible scenarios and asked Mr. May how he would charge various crimes if the bill became law.

02:59 PM

The committee continued to discuss the practical effects of the strike-below amendment.

03:08 PM

Mr. May commented about other states' fetal homicide laws. The committee discussed scenarios under which a pregnant woman could be charged for harm to her fetus under the bill.

03:12 PM -- Bob Enyart, representing Colorado Right to Life, testified in support of the bill. Mr. Enyart discussed federal fetal homicide law. He addressed Colorado medical malpractice law and stated his opinion that the bill is abortion-neutral. He spoke about recent Colorado cases in which unborn children were killed. He responded to questions from the committee.

03:24 PM -- Sheriff Chad Day, representing the County Sheriffs of Colorado and himself, testified in support of the bill. Sheriff Day stated the support of the county sheriffs. He then expressed his personal opinion that abortion is wrong. He responded to questions from the committee.

03:28 PM -- Kevin Paul, representing Planned Parenthood of the Rocky Mountains, testified in opposition to the bill. Mr. Paul made comments about the practical consequences of the bill and objected to any statute that would potentially lead to the prosecution of a woman who makes poor lifestyle choices while pregnant. He spoke about the rejection by Colorado voters on two occasions of defining personhood as beginning at the moment of conception. Mr. Paul responded to questions from the committee.

03:36 PM -- Mary Claire Mulligan, representing the Colorado Criminal Defense Bar, testified in opposition to the bill. Ms. Mulligan spoke about her professional background. She expressed her opinion that the language of the strike-below amendment is confusing and extremely vague. She indicated that such language would almost certainly lead to increased litigation. She spoke about constitutional concerns she has with the bill. Ms. Mulligan responded to questions from the committee.

03:48 PM -- Kenneth Scott, representing himself, testified in support of the bill. Mr. Scott spoke about common sense and moral law. He responded to questions from the committee.

03:54 PM

The committee took a brief recess.

03:56 PM

The committee came back to order. Representative Gardner closed public testimony and announced that the vote on House Bill 12-1130 would be laid over until after House Bill 12-1283.

03:57 PM -- House Bill 12-1283

Representative Barker, prime sponsor, presented House Bill 12-1283 concerning the Department of Public Safety and renaming and reorganizing certain existing entities. This bill codifies the consolidation of Colorado's homeland security functions, personnel, and resources, enacted under Executive Order D 2011-030, into a new Division of Homeland Security within the Department of Public Safety. The new division includes the existing, but renamed Offices of Fire Safety and Prevention and Security, and the newly created Office of Preparedness, which is responsible for creating and implementing a state preparedness goal and system. Among other things, the division is charged with:

building partnerships with first responders, agencies, and citizens in the public and private sectors;

coordinating activities with other state agencies and the all-hazards emergency management regions created by executive order of the Governor;

developing and updating a state strategy for homeland security;

facilitating, coordinating and conducting capabilities assessments as necessary;

coordinating protection activities among owners and operators of critical infrastructure and other tribal, state, local, regional, and federal agencies; and

reporting its progress on or before February 1, 2013, and each year through September 1, 2017.

A new 21-member Homeland Security and All-Hazards Senior Advisory Committee with representation from a variety of state and local agencies is created to guide the division's efforts, provide advice, and review homeland security grant applications. The committee is repealed on September 1, 2021, following a sunset review by the Department of Regulatory Agencies. The bill also adds two members to the Fire Service Training and Certification Advisory Board, restoring it to its original composition.

Finally, the bill transfers the Statewide Fire Fighting Resource Database from the Department of Public Safety to the Division of Emergency Management in the Department of Local Affairs. The Division of Emergency Management is responsible for developing a new All-Hazards Response Database and statewide resource mobilization plan.

03:58 PM -- Jim Davis, representing the Department of Public Safety, testified in support of the bill. Mr. Davis discussed difficulties that have arisen in the past because homeland security functions were spread across state and federal government entities. He stated his opinion that consolidating these functions will let the state make better use of state and federal funds. He indicated that the consolidation will allow the department to reduce redundancies in the area of training. He explained the consolidation process. Mr. Davis responded to questions from the committee about the fiscal note.

04:05 PM

Representative Barker explained a forthcoming second reading amendment that will change the organizational structure for the Division of Fire Safety. Mr. Davis commented about the proposed amendment and responded to questions from the committee about the bill.

04:11 PM -- Deputy Chief Steve Pischke, representing the Colorado State Fire Chiefs and the Colorado State Firefighters' Association, testified in support of the bill with the adoption of the proposed amendment. Deputy Chief Pischke spoke about the efforts of various stakeholders with regard to the bill.

04:13 PM -- Chief T.J. Steck, representing the Elbert County Fire Chiefs' Association, testified in support of the bill with the adoption of the proposed amendment.


BILL:	HB12-1283
TIME:	04:16:00 PM
MOVED:	Barker
MOTION:	Refer House Bill 12-1283 to the Committee of the Whole. The motion passed on a vote of 10-0, with 1 excused.
SECONDED:	Nikkel
		VOTE
	DelGrosso	Yes
	Duran	Yes
	Kagan	Yes
	Lee	Excused
	Nikkel	Yes
	Pabon	Yes
	Ryden	Yes
	Sonnenberg	Yes
	Waller	Yes
	Barker	Yes
	Gardner B.	Yes

Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

04:17 PM -- House Bill 12-1130

The committee returned to consideration of House Bill 12-1130.


BILL:	HB12-1130
TIME:	04:17:17 PM
MOVED:	Sonnenberg
MOTION:	Adopt prepared amendment L.002 (Attachment D). The motion passed on a vote of 7-4.
SECONDED:	Nikkel
		VOTE
	DelGrosso	Yes
	Duran	No
	Kagan	Yes
	Lee	No
	Nikkel	Yes
	Pabon	No
	Ryden	No
	Sonnenberg	Yes
	Waller	Yes
	Barker	Yes
	Gardner B.	Yes

YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB12-1130
TIME:	04:28:06 PM
MOVED:	Sonnenberg
MOTION:	Refer House Bill 12-1130, as amended, to the Committee on Appropriations. Members of the committee commented about their positions on the bill. The motion passed on a vote of 6-5.
SECONDED:	Barker
		VOTE
	DelGrosso	Yes
	Duran	No
	Kagan	No
	Lee	No
	Nikkel	Yes
	Pabon	No
	Ryden	No
	Sonnenberg	Yes
	Waller	Yes
	Barker	Yes
	Gardner B.	Yes

Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:30 PM -- House Bill 12-1208

Representative Lee, prime sponsor, presented House Bill 12-1208 concerning a method of achieving the technical recodification of the Colorado Revised Statutes over a period of time. Beginning in 2012, the bill:

directs the General Assembly's Committee on Legal Services (COLS) to identify from one to five statutory titles for thorough review and possible technical recodification;

authorizes the COLS to direct the Office of Legislative Legal Services (OLLS) to conduct the review and to make appropriate technical recodification recommendations to the COLS for each title reviewed;

permits the COLS to appoint a subcommittee from among its membership to study titles for recodification;

permits the COLS to sponsor a bill during the next legislative session for each title for which changes and recodification are recommended;

permits the COLS, the COLS subcommittee, and OLLS to solicit comments from affected state agencies, the Colorado Bar Association, the Judicial Branch, and other interested persons or organizations, to determine which titles to address and to identify changes to be made; and

requires the process to continue until all C.R.S. titles have been reviewed and recodified, if necessary.

Representative Lee responded to questions from the committee about the fiscal note.

04:38 PM -- Jennifer Gilroy, representing the Office of Legislative Legal Services (OLLS), testified about the bill. Ms. Gilroy spoke about various annual publications produced by the staff of the OLLS. She responded to questions about the history of statute recodification in Colorado.

04:49 PM

The committee continued to ask Ms. Gilroy questions about the process of recodification.

05:00 PM -- Kirk Mlinek, representing Legislative Council Staff, responded to questions from the committee about the fiscal note.


BILL:	HB12-1208
TIME:	05:05:53 PM
MOVED:	Lee
MOTION:	Refer House Bill 12-1208 to the Committee on Appropriations. The motion failed on a vote of 5-6.
SECONDED:	Duran
		VOTE
	DelGrosso	No
	Duran	Yes
	Kagan	Yes
	Lee	Yes
	Nikkel	No
	Pabon	Yes
	Ryden	Yes
	Sonnenberg	No
	Waller	No
	Barker	No
	Gardner B.	No

YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB12-1208
TIME:	05:06:54 PM
MOVED:	Waller
MOTION:	Postpone House Bill 12-1208 indefinitely. The motion passed on a vote of 6-5.
SECONDED:	Nikkel
		VOTE
	DelGrosso	Yes
	Duran	No
	Kagan	No
	Lee	No
	Nikkel	Yes
	Pabon	No
	Ryden	No
	Sonnenberg	Yes
	Waller	Yes
	Barker	Yes
	Gardner B.	Yes

Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

05:07 PM

The committee adjourned.