House Committee on Judiciary (04/24/2012)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:	04/24/2012	ATTENDANCE

Time:	01:48 PM to 02:24 PM	DelGrosso	X
		Duran	X
Place:	HCR 0107	Kagan	X
		Lee	X
This Meeting was called to order by		Nikkel	X
	Representative Gardner B.	Pabon	X
		Ryden	X
This Report was prepared by		Sonnenberg	E
	Jessika Shipley	Waller	X
		Barker	X
		Gardner B.	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB12-1316 HB12-1346		Postponed Indefinitely Amended, Referred to the Committee of the Whole

01:49 PM -- House Bill 12-1316

Representative Stephens, prime sponsor, asked the committee to postpone indefinitely House Bill 12-1316. The bill modifies recovery bond conditions for a defendant who is charged with a felony or class 1 or class 2 misdemeanor and is determined to be in the country illegally. Under current law, a defendant who is believed to be in the country illegally, with or without an Immigration and Customs Enforcement (ICE) detainer, may post bond and the bail bonding agent is required to execute a waiver that states the person understands that the bond or fees shall be forfeited if the defendant is removed from the country. This bill clarifies that these bond conditions only apply to persons with an ICE detainer and requires the following:

a law enforcement agency must notify the bail bonding agent in writing before the bond is posted and notify the district attorney's office and any pretrial services agency of the defendant's immigration status; and

if a defendant posts bond, the law enforcement agency must notify the district attorney of the posting of bond prior to notifying ICE that the defendant is eligible for release to their custody.

Under the bill, only the bond is eligible for forfeiture if the defendant is removed from the county; bail fees may be retained by the bail bonding agent.


BILL:	HB12-1316
TIME:	01:49:44 PM
MOVED:	Waller
MOTION:	Postpone indefinitely House Bill 12-1316. The motion passed on a vote of 10-0, with 1 excused.
SECONDED:	Barker
		VOTE
	DelGrosso	Yes
	Duran	Yes
	Kagan	Yes
	Lee	Yes
	Nikkel	Yes
	Pabon	Yes
	Ryden	Yes
	Sonnenberg	Excused
	Waller	Yes
	Barker	Yes
	Gardner B.	Yes

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

01:51 PM -- House Bill 12-1346

Representative Gardner, prime sponsor, presented House Bill 12-1346 concerning sex offender registration. Current law requires sex offenders to register with local law enforcement agencies in the jurisdictions where they reside. This bill establishes a system for the registration of sex offenders who lack a fixed residence. Offenders who lack a fixed residence are required to verify their registration information with the local law enforcement agency in their jurisdiction every one or three months, depending on the offender's registration status. The bill creates a new unclassified misdemeanor for individuals who fail to verify their location as a sex offender, punishable by up to one year in a county jail.

Beginning July 1, 2012, and ending January 1, 2015, the Colorado Bureau of Investigation (CBI) and local law enforcement agencies, subject to available resources, are required to report every six months to the Department of Public Safety (DPS) on the number of individuals who registered without a fixed residence. By March 31, 2015, the DPS is required to assess the effectiveness of the registration system for those sex offenders who lack a fixed residence.

01:53 PM

The committee took a brief recess.

01:55 PM

The committee returned to order. Prepared amendments L.001 and L.004 (Attachments A and B) were distributed.

01:56 PM -- Chris Lobanov-Rostovsky, representing the Department of Public Safety, and Maureen Cain, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Cain discussed the problems inherent in registering transient sex offenders. She spoke about the process undertaken by the Colorado Commission on Criminal and Juvenile Justice (CCJJ) in addressing the problem. She stressed that the bill requires increased accountability by sex offenders. Mr. Lobanov-Rostovsky added that the CCJJ worked closely with law enforcement agencies to craft the bill. He expressed his opinion that the bill will result in enhanced public safety. Ms. Cain added that the bill contains a reporting requirement that will allow the CCJJ to collect data to make evidence-based decisions in the future about sex offenders. She responded to questions from the committee about the affirmative defense provisions in the bill. Mr. Lobanov-Rostovsky responded to questions about the number of law enforcement agencies in a given jurisdiction. Both witnesses spoke about the penalty in the bill for failing to self-verify a physical location.

02:15 PM

Representative Gardner explained the effects of the amendments. He stated that amendment L.004 eliminates the need for various evaluations and it also eliminates the fiscal impact of the bill.

02:16 PM -- Jeff Clayton, representing the Judicial Branch, testified about the effect of amendment L.004. Mr. Clayton explained why amendment L.004 eliminates the fiscal impact of the bill. He responded to questions from the committee about the possible sanctions under the bill.


BILL:	HB12-1346
TIME:	02:19:45 PM
MOVED:	Gardner B.
MOTION:	Adopt prepared amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:	Ryden
		VOTE
	DelGrosso
	Duran
	Kagan
	Lee
	Nikkel
	Pabon
	Ryden
	Sonnenberg	Excused
	Waller
	Barker
	Gardner B.

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB12-1346
TIME:	02:20:07 PM
MOVED:	Gardner B.
MOTION:	Adopt prepared amendment L.004 (Attachment B). The motion passed without objection.
SECONDED:	Ryden
		VOTE
	DelGrosso
	Duran
	Kagan
	Lee
	Nikkel
	Pabon
	Ryden
	Sonnenberg	Excused
	Waller
	Barker
	Gardner B.

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

02:20 PM

Representative Gardner made closing comments about the bill and asked for a favorable recommendation. He stated that he would like to send the bill to the Committee of the Whole rather than the Committee on Appropriations because amendment L.004 eliminates the fiscal impact.


BILL:	HB12-1346
TIME:	02:21:46 PM
MOVED:	Gardner B.
MOTION:	Refer House Bill 12-1346, as amended, to the Committee of the Whole. The motion passed on a vote of 10-0, with 1 excused.
SECONDED:	Ryden
		VOTE
	DelGrosso	Yes
	Duran	Yes
	Kagan	Yes
	Lee	Yes
	Nikkel	Yes
	Pabon	Yes
	Ryden	Yes
	Sonnenberg	Excused
	Waller	Yes
	Barker	Yes
	Gardner B.	Yes

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

02:24 PM

The committee adjourned.