Date: 04/30/2013

Final
BILL SUMMARY for SB13-123

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Adopt amendment L.011 (Attachment D). The motion p
Adopt amendment L.013 (Attachment B). The motion p
Adopt amendment L.015 (Attachment E). The motion p
Refer Senate Bill 13-123, as amended, to the Commi		Pass Without Objection
PASS
Pass Without Objection
PASS



02:46 PM -- Senate Bill 13-123

Representative Levy, sponsor, presented Senate Bill 13-123. Under current law, records of certain drug-related criminal convictions may be sealed with specific limitations. This reengrossed bill allows an individual to petition the court once in each 12-month period to seal conviction records, pertaining to petty offenses or municipal violations, provided the petition is filed three or more years after the date of the final disposition of the case and the individual has not been charged or convicted of a criminal offense in the previous three years. Petitioners are required to pay a total filing fee of $442. An order sealing conviction records for petty offenses or municipal violations carries the same requirements and limitations as those in current law for the sealing of criminal conviction records. Current law also requires probation and parole officers to provide notice to individuals on probation or parole of their rights with regard to sealing of records. The bill specifies what the notice must contain.

A defendant who enters into an agreement for an alternative sentence, such as probation or community corrections, may apply for and be granted an order of collateral relief by the court. An order of collateral relief is meant to improve the defendant's likelihood of success in the alternative sentencing program by removing barriers to employment and housing, among other things. The bill states that an order may relieve a defendant of any of the collateral consequences of a criminal conviction that the judge believes will assist the defendant in completing probation or a community corrections sentence, but it cannot apply to collateral consequences imposed by law for licensure or employment by the Departments of Corrections, Education, or Human Services, the Judicial Branch, or any law enforcement agency within the state.

Orders of collateral relief cannot be granted to defendants who have been convicted of a felony that caused a permanent disability, a crime of violence, or a sex offense. Relief granted by an order may be enlarged, limited, or circumscribed on a motion by the court, the district attorney, or the applicant. Orders may be revoked upon a motion of the district attorney, the probation officer, or the court. Copies of all orders will be sent to the Colorado Bureau of Investigation (CBI) within the Department of Public Safety, which will make a note in the Colorado Crime Information Center (CCIC) database.

The bill states that a pardon issued by the Governor waives all of the collateral consequences of a criminal conviction unless the scope of the pardon is limited with regard to collateral consequences. Notice of commutation of a sentence or a pardon must be provided by the Governor to the CBI. The CBI is then required to note in the offender's criminal record that he or she was granted a pardon or commutation of sentence.

The Department of Regulatory Agencies is required to include in any sunrise review of a profession or occupation a description of any anticipated disqualifications of an applicant for licensure, certification, relicensure, or recertification based on criminal history and how the disqualifications serve public safety or consumer protection interests.

Representative Levy distributed prepared amendment L.013 (Attachment B), which would allow certain felony offenders to possess a firearm with a court order. She responded to questions from the committee.

13HseJud0430AttachB.pdf13HseJud0430AttachB.pdf

02:54 PM -- Bridget Klauber, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Klauber spoke about collateral consequences and discussed proposed amendment L.014 (Attachment C). She responded to questions from the committee about sealing convictions for qualifying offenses.

13HseJud0430AttachC.pdf13HseJud0430AttachC.pdf

03:02 PM -- Christie Donner, representing the Colorado Criminal Justice Reform Coalition, testified in support of the bill. Ms. Donner discussed collateral consequences and how they affect the future lives of convicted offenders. She talked about the process for sealing records and about prior attempts to minimize collateral consequences. She responded to questions about unsealing a sealed conviction record.

03:09 PM -- Jordan Baucke, representing himself, testified in support of the bill. Mr. Baucke spoke about his personal experience with a drug-related criminal conviction and the collateral consequences of his conviction. He asked the committee to amend the bill to allow sealing of records for convictions that occurred earlier than current law allows.

03:15 PM -- Reverend Doctor Laurence Wagley, representing Colorado Interfaith Voices for Justice, testified in support of the bill. Rev. Wagley spoke about his experience ministering to individuals in the community who have experience in the criminal justice system.
BILL:SB13-123
TIME: 03:20:36 PM
MOVED:Salazar
MOTION:Adopt amendment L.015 (Attachment E). The motion passed without objection.

13HseJud0430AttachE.pdf13HseJud0430AttachE.pdf
SECONDED:Kagan
VOTE
Buckner
Court
Gardner
Lawrence
McLachlan
Murray
Pettersen
Salazar
Wright
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:SB13-123
TIME: 03:21:07 PM
MOVED:Salazar
MOTION:Adopt amendment L.011 (Attachment D). The motion passed without objection.

13HseJud0430AttachD.pdf13HseJud0430AttachD.pdf
SECONDED:Kagan
VOTE
Buckner
Court
Gardner
Lawrence
McLachlan
Murray
Pettersen
Salazar
Wright
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:SB13-123
TIME: 03:35:19 PM
MOVED:Kagan
MOTION:Adopt amendment L.013 (Attachment B). The motion passed on a vote of 10-1.
SECONDED:Murray
VOTE
Buckner
Yes
Court
No
Gardner
Yes
Lawrence
Yes
McLachlan
Yes
Murray
Yes
Pettersen
Yes
Salazar
Yes
Wright
Yes
Lee
Yes
Kagan
Yes
YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:SB13-123
TIME: 03:41:27 PM
MOVED:Kagan
MOTION:Refer Senate Bill 13-123, as amended, to the Committee on Finance. The motion passed on a vote of 7-4.
SECONDED:Salazar
VOTE
Buckner
Yes
Court
Yes
Gardner
No
Lawrence
No
McLachlan
Yes
Murray
No
Pettersen
Yes
Salazar
Yes
Wright
No
Lee
Yes
Kagan
Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS