Bill Summary for Bill Number HB12-1310

Date: 03/08/2012

Final
BILL SUMMARY for HB12-1310

HOUSE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Adopt prepared amendment L.001 (Attachment M). The Adopt prepared amendment L.002 (Attachment K). A s Refer House Bill 12-1310, as amended, to the Commi SUBSTITUTE MOTION: Adopt prepared amendment L.003	Pass Without Objection PASS Pass Without Objection

06:24 PM -- House Bill 12-1310

Representative Gardner, prime sponsor, presented House Bill 12-1310. This omnibus bill addresses several areas of statute governing criminal proceedings. Among other things, the bill:

Sentencing

modifies the length of time a case may be continued following a defendant's plea of guilty for the purposes of entering judgment and sentencing to four years for a felony or two years for a misdemeanor, petty offense, or traffic offense;

clarifies that deferred sentencing begins on the date the court continues the case, not the date that the defendant enters his or her plea;

repeals the authority of a court to convert a determinate sentence to an indeterminate sentence for certain crimes related to child prostitution and child pornography;

eliminates a requirement that the court make specific findings and on the record when the sentencing of a juvenile deviates from placement report recommendations; and

removes a requirement to sentence certain persons to probation for second, third, or subsequent DUI offenses and instead allows, if a defendant is sentenced to the Department of Corrections, the defendant to complete court-ordered programs and treatment while on parole.

Court proceedings

allows labels listing contents of commercially packaged items as evidence;

if requested by any party, it requires the court to impanel at least one alternate juror to sit in a case for a class 1, 2, or 3 felony;

removes the right of a grand jury witness to consult with the public defender's office and instead allows the individual to request that the court appoint an attorney to consult with or represent the witness; and

requires a bond agent to indicate in writing whether the surety consents to the continuance of bond through sentencing of the defendant.

Sex offenses

allows sex-offender evaluations up to two years old to be included in a presentence report and excludes certain misdemeanor offenses from the requirement to include a sex-offender evaluation unless ordered by the court; and

permits an additional extension of up to two years for a deferred sentence for a sex offense when good cause is shown.

Probation

specifies that, for the purposes of eligibility for probation, a conviction means a verdict or plea of guilty or nolo contendere and does not include a plea to a deferred judgment and sentence unless it is revoked;

requires a probationer who wishes to transfer his or her probation to another state to pay a $100 filing fee, credited to Interstate Compact Probation Transfer Cash Fund; and

clarifies that the court cannot charge a probationer for the costs of returning the probationer to Colorado.

Miscellaneous

clarifies the definition of earnings for purposes of garnishment, permits the court to use a collections investigator, and prioritizes the collection of court costs, fines, and restitution over most other orders;

allows a collections investigator to issue an attachment of earnings;

specifies record-sealing rights of a person convicted of minor in possession of alcohol; and

expands the data to be included in the Judicial Department's annual report.


BILL:	HB12-1310
TIME:	06:26:36 PM
MOVED:	Kagan
MOTION:	Adopt prepared amendment L.002 (Attachment K). A substitute motion was made to adopt prepared amendment L.003.
SECONDED:	Lee
		VOTE
	DelGrosso
	Duran
	Kagan
	Lee
	Nikkel
	Pabon
	Ryden
	Sonnenberg
	Waller
	Barker
	Gardner B.

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:


BILL:	HB12-1310
TIME:	06:29:02 PM
MOVED:	Gardner B.
MOTION:	SUBSTITUTE MOTION: Adopt prepared amendment L.003 (Attachment L). The motion passed without objection.
SECONDED:	Sonnenberg
		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:	HB12-1310
TIME:	06:33:00 PM
MOVED:	Gardner B.
MOTION:	Adopt prepared amendment L.001 (Attachment M). The motion passed without objection.
SECONDED:	Sonnenberg
		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:	HB12-1310
TIME:	06:35:55 PM
MOVED:	Gardner B.
MOTION:	Refer House Bill 12-1310, as amended, to the Committee on Finance. The motion passed on a vote of 9-1, with 1 excused.
SECONDED:	Waller
		VOTE
	DelGrosso	Yes
	Duran	Excused
	Kagan	Yes
	Lee	Yes
	Nikkel	No
	Pabon	Yes
	Ryden	Yes
	Sonnenberg	Yes
	Waller	Yes
	Barker	Yes
	Gardner B.	Yes

Final YES: 9 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS