House Committee on Judiciary (04/16/2013)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:	04/16/2013	ATTENDANCE

Time:	01:34 PM to 04:33 PM	Buckner	X
		Court	X
Place:	HCR 0112	Gardner	X
		Lawrence	X
This Meeting was called to order by		McLachlan	X
	Representative Kagan	Murray	*
		Pettersen	X
This Report was prepared by		Salazar	*
	Jessika Shipley	Wright	X
		Lee	X
		Kagan	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB13-246 HB13-1294 HB13-1279 SB13-226		Referred to Legislative Council Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole Referred to the Committee of the Whole

01:34 PM -- Senate Bill 13-246

Representative Levy, sponsor, presented Senate Bill 13-246. Recommended by the Joint Budget Committee, this bill creates the Discovery Task Force to study and make recommendations on the feasibility of providing discovery for criminal cases in an electronic format and alternate means of sharing and reimbursing discovery costs.

Comprised of 12 individuals from state and local law enforcement and judicial agencies, including one nonvoting member from the Governor's Office of Information Technology, the task force is to convene its first meeting by June 30, 2013, and meet at least twice a month until it completes its work or November 15, 2013, whichever comes first. If the task force has not completed its final report, it is directed to provide a preliminary report to the Joint Budget Committee by November 1, 2013. The final report is to be presented to the Joint Budget Committee and the House and Senate Judiciary Committees by January 31, 2014.

Representative Levy responded to questions from the committee about variations in the costs associated with discovery.

01:39 PM -- Matthew Durkin, representing the Department of Law, testified in support of the bill. Mr. Durkin discussed the different ways in which discovery is handled by various judicial districts across the state. He responded to questions from the committee about whether each district attorney in the state will be willing to collaborate to find common ground about the provision of discovery. Representative Levy weighed in as well.


BILL:	SB13-246
TIME:	01:46:02 PM
MOVED:	Court
MOTION:	Refer Senate Bill 13-246 to the Legislative Council Committee. The motion passed on a vote of 11-0.
SECONDED:	Lee
		VOTE
	Buckner	Yes
	Court	Yes
	Gardner	Yes
	Lawrence	Yes
	McLachlan	Yes
	Murray	Yes
	Pettersen	Yes
	Salazar	Yes
	Wright	Yes
	Lee	Yes
	Kagan	Yes

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

01:47 PM -- House Bill 13-1294

Representative Gardner, prime sponsor, presented House Bill 13-1294. This bill clarifies that the definition of the term "public entity" under the Colorado Governmental Immunity Act (CGIA) includes the state's Judicial Department. Representative Gardner explained why the bill is necessary. He responded to questions from the committee.

01:52 PM -- Patrick Brodhead, representing the Judicial Branch, testified in support of the bill. Mr. Brodhead explained why the state's Judicial Department is not currently included in the definition of a public entity under the CGIA.


BILL:	HB13-1294
TIME:	01:56:29 PM
MOVED:	Gardner
MOTION:	Refer House Bill 13-1294 to the Committee of the Whole. The motion passed on a vote of 10-0, with 1 excused.
SECONDED:	Pettersen
		VOTE
	Buckner	Yes
	Court	Yes
	Gardner	Yes
	Lawrence	Excused
	McLachlan	Yes
	Murray	Yes
	Pettersen	Yes
	Salazar	Yes
	Wright	Yes
	Lee	Yes
	Kagan	Yes

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

01:57 PM -- House Bill 13-1279

Representative Labuda, prime sponsor, presented House Bill 13-1279. The bill instructs courts in juvenile cases to limit the premature waiver of counsel by juveniles in detention hearings and to ensure that such waivers are made knowingly and voluntarily by juveniles. Juveniles are required to be free of physical restraints during hearings, unless the judge makes specific findings of fact that restraints are required to maintain order, prevent escape, or provide for the safety of the courtroom.

Representative Labuda responded to questions from the committee. She distributed and explained the purpose of prepared amendment L.001 (Attachment A).

13HseJud0416AttachA.pdf

02:10 PM

The committee continued to question Representative Labuda about the practical effects of the bill and the reasons it is necessary.

02:15 PM -- Sheriff Grayson Robinson, representing the County Sheriffs of Colorado, testified in opposition to the bill. Sheriff Robinson spoke about courtroom security and stated his opinion that the bill's prohibition on physical restraints is unreasonable and unsafe. He responded to questions from the committee. He indicated that the adoption of the amendment would not allow him to support the bill.

02:27 PM

The committee continued to discuss the mechanics of courtroom security with Sheriff Robinson.

02:27 PM -- Lisa Polansky, representing the Center for Juvenile Justice, testified in support of the bill. Ms. Polansky distributed a handout addressing the prohibition of indiscriminate shackling in Colorado juvenile courts (Attachment B). She discussed the practice of shackling and case law on the subject. She continued to talk about the written material. She stated that the Center for Juvenile Justice takes no position on section 1 of the bill. Ms. Polansky responded to questions from the committee.

13HseJud0416AttachB.pdf

02:52 PM

The committee continued to question Ms. Polansky about shackling juvenile defendants.

02:59 PM -- Juston Cooper, representing the Colorado Juvenile Defender Coalition, testified in support of the bill. Mr. Cooper stated that he is not taking a position on section 1 of the bill. He spoke about House Joint Resolution 13-1019, which creates an interim committee to study the issue of juvenile defense counsel. He spoke about the shackling of juvenile defendants and why he is opposed to the practice. He responded to questions from the committee.

03:08 PM -- Dan Schoen, representing the Colorado Criminal Defense Bar, testified in support of the bill. Mr. Schoen discussed his opposition to shackling of juveniles.

03:13 PM

The committee recessed.

03:31 PM

The committee returned to order.


BILL:	HB13-1279
TIME:	03:31:56 PM
MOVED:	Kagan
MOTION:	Adopt amendment L.002 (Attachment C). The motion passed on a vote of 7-4. 13HseJud0416AttachC.pdf
SECONDED:	Lee
		VOTE
	Buckner	Yes
	Court	Yes
	Gardner	No
	Lawrence	No
	McLachlan	Yes
	Murray	No
	Pettersen	Yes
	Salazar	Yes
	Wright	No
	Lee	Yes
	Kagan	Yes

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


BILL:	HB13-1279
TIME:	03:35:33 PM
MOVED:	Kagan
MOTION:	Adopt amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:	Lee
		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:	HB13-1279
TIME:	03:42:02 PM
MOVED:	Lee
MOTION:	Refer House Bill 13-1279, as amended, to the Committee of the Whole. The motion passed on a vote of 7-4.
SECONDED:	Buckner
		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

03:42 PM -- Senate Bill 13-226

Representatives Court and Coram, co-sponsors, presented Senate Bill 13-226. This reengrossed bill requires that local law enforcement agencies provide training to officers for dog encounters. Procedures and a training video will be developed by a 23-member volunteer task force created by this bill, and will be posted online. Local agencies must create a three-hour training curriculum based off the task force material by September 1, 2014. Local law enforcement officers must complete this training by January 1, 2015. Officers hired after January 1, 2015, must complete the training within their first year of employment.

The task force must hold its first meeting no later than September 1, 2013, and complete the training curriculum by July 1, 2014. The task force is dissolved January 31, 2015. Members will be considered immune from civil actions and liabilities by the Volunteer Service Act. The task force does not involve state agencies.

In addition to the training material supplied by the task force, local law enforcement agencies must create and adopt written policies on canine behaviors, alternatives to lethal use of force against dogs, and opportunities for owners to remove a dog from the immediate area of law enforcement when appropriate.

This bill does not apply to state law enforcement.

03:47 PM -- Sheriff Grayson Robinson, representing the County Sheriffs of Colorado, testified in support of the bill. Sheriff Robinson stated his opinion that this is a law enforcement training and public safety bill. He indicated that it is also about liability and prevention. He discussed the importance of the training developed pursuant to the bill. He responded to questions from the committee.

03:52 PM -- Brittany Moore, representing herself, testified in support of the bill. Ms. Moore spoke about the death of her dog, Ava, who was shot and killed by an Erie police officer in 2011. She spoke about the effect of Ava's death on her children.

03:58 PM -- Dr. Randa MacMillan, representing the Colorado Veterinary Medical Association, testified in support of the bill. Dr. MacMillan spoke about the work of the task force created by the bill.

04:00 PM -- Jeffrey Justice, representing himself, testified in support of the bill. Mr. Justice spoke about his experience as a UPS and FedEx driver, and the methods that he used to keep himself safe when encountering dogs.

04:05 PM -- Debbie Nolan-Erlacher, representing herself, testified in support of the bill. Ms. Nolan-Erlacher spoke about the death of her dog, who was shot and killed by a law enforcement agent in 2008.

04:10 PM -- Terry Sublette, representing himself as a disabled veteran and a canine handler, testified in support of the bill. Mr. Sublette expressed support for law enforcement officers. He discussed his service dog, Miller, and stated that he often leaves Miller at home because he is concerned about Miller's safety at the hands of an untrained law enforcement officer.

04:17 PM -- Emily Stone, representing the Dumb Friends League and the Colorado Federation of Animal Welfare Agencies, testified in support of the bill.

04:19 PM -- Gary Branson, representing himself and his dog Chloe, testified in support of the bill. Mr. Branson spoke about Chloe, who was shot and killed by a law enforcement officer in 2012.

04:21 PM -- Deborah Foote, representing the American Society for the Prevention of Cruelty to Animals, testified in support of the bill. Ms. Foote distributed a handout to the committee (Attachment D).

13HseJud0416AttachD.pdf

04:23 PM -- Jennifer Edwards, representing herself, testified in support of the bill.

04:25 PM -- Lauren Drabble, representing herself, testified in support of the bill.


BILL:	SB13-226
TIME:	04:32:43 PM
MOVED:	Court
MOTION:	Refer Senate Bill 13-226 to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED:	Salazar
		VOTE
	Buckner	Yes
	Court	Yes
	Gardner	Yes
	Lawrence	Yes
	McLachlan	Yes
	Murray	Yes
	Pettersen	Yes
	Salazar	Yes
	Wright	Yes
	Lee	Yes
	Kagan	Yes

Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:33 PM

The committee adjourned.