Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:04/23/2013
ATTENDANCE
Time:01:35 PM to 04:38 PM
Buckner
X
Court
X
Place:HCR 0112
Gardner
*
Lawrence
X
This Meeting was called to order by
McLachlan
*
Representative Kagan
Murray
X
Pettersen
X
This Report was prepared by
Salazar
X
Jessika Shipley
Wright
X
Lee
X
Kagan
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB13-216
HB13-1308
HB13-1300
HB13-1307
SB13-244		Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole


01:37 PM -- Senate Bill 13-216

Representative Kagan announced a change to the order of the bills.

Representative Rosenthal, sponsor, presented Senate Bill 13-216. This bill recreates and reenacts the section of law pertaining to the eligibility of young adult offenders (those who are 18 or 19 at the time the offense is committed, but less than 21 years old at the time of sentencing) for sentencing to the Youthful Offender System (YOS) in the Department of Corrections (DOC). Most sex offenders and most individuals convicted of class 1 and 2 felonies are excluded.

The bill requires the DOC, on or before August 1, 2013, to implement policies pursuant to the federal Prison Rape Elimination Act to ensure compliance with certain provisions relating to youthful offenders. On or before October 1, 2013, and each October 1 thereafter, the DOC is required to report to the House and Senate Judiciary Committees concerning the implementation of the new policies within the YOS.

Background. The YOS is a sentencing option for certain juveniles who are charged as adults that exists between the traditional adult prison system and the Division of Youth Corrections, Department of Human Services. The YOS is an intensively structured program within the DOC that provides services and treatment to juvenile offenders during incarceration, as well as the transition back to the community. The length of stay for an offender in the YOS is anywhere between two and seven years, depending on the severity of the crime committed, and the number of beds is capped by law and the physical limitations of the facility at 256. The section of law concerning young adult offenders in the YOS was originally enacted in 2009, and was repealed effective October 1, 2012.









01:43 PM -- Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill. Ms. Ackerman discussed the sunset provision in the 2009 bill. She responded to questions from the committee.

01:46 PM -- Christina Everist and Warden Steve Hager, representing the DOC, testified in support of the bill. Ms. Everist explained what the bill does and stated that the practice of housing offenders who are 18 and 19 years of age in the YOS has been a success. Warden Hager discussed the benefits of the YOS, both to youthful offenders and to the public. He stated that the 2009 bill was allowed to sunset through an oversight and this bill would correct that oversight. In response to questions from Representative Lee, Warden Hager talked about measures of success for the YOS. The committee discussed recidivism and the age of the youthful offenders in the YOS.

01:55 PM -- Kim Dvorchak, representing the Colorado Juvenile Defender Coalition, testified in support of the bill. Ms. Dvorchak spoke about the importance of increasing the number of sentencing options for young offenders. She discussed the federal Prison Rape Elimination Act.
BILL:SB13-216
TIME: 01:58:55 PM
MOVED:Court
MOTION:Refer Senate Bill 13-216 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

















02:00 PM -- House Bill 13-1308

Representatives Kagan and Gardner, co-sponsors, presented House Bill 13-1308. This bill allows a supervising representative of a law enforcement agency (requestor) to direct a previously identified employee of a communications or internet access provider to provide call location information of a person without a court order. The requestor must have probable cause to believe that an emergency situation exists and the time required to obtain a search warrant or other court order would exacerbate the risk of death or serious bodily injury to the person or another person within his or her company.

Within 24 hours of receiving such call location information, a requestor must provide the employee with a written statement documenting the request. Written statements must be kept by both the requestor and the employee for at least five years. The requestor must also either obtain a court order stating the information was lawfully obtained or destroy the data within 24 hours.


02:11 PM

Representatives Kagan and Gardner responded to questions from the committee about costs associated with the bill and the definition of "call location information." The committee discussed the scope of the information that would be provided under the bill. Representative Kagan explained the effect of forthcoming amendments to the bill. The committee discussed the consequences of obtaining call location information without probable cause.

02:21 PM -- Kansas State Senator Greg Smith, representing his family, testified in support of the bill. Senator Smith related the details of his daughter's kidnapping and murder in 2007. He discussed his reasons for developing this model law and testifying in other states to get it passed. He spoke about exigent circumstances and proper training for law enforcement agencies and communications providers. Senator Smith responded to questions from the committee.


02:38 PM

The committee continued to question Senator Smith. He read the testimony of his wife, Missy, who was unable to attend the hearing.

02:47 PM -- Commander Ron Saunier, representing the Denver Police Department Major Crimes Unit, testified in support of the bill. Commander Saunier stated his desire to bring Colorado law up to date in order to reflect current technology. He discussed situations in which having call location information is crucial to saving one or more lives. He responded to questions from the committee. Commander Saunier expressed the support of the Colorado Association of Chiefs of Police, the County Sheriffs of Colorado, the Colorado District Attorneys' Council, and the Department of Public Safety.















02:55 PM -- Greg Romberg, representing Sprint, testified in support of the bill. Mr. Romberg indicated that Sprint has worked with other communications carriers and the sponsors on prepared amendments L.004 and L.005 (Attachments A and B).

13HseJud0423AttachA.pdf13HseJud0423AttachA.pdf 13HseJud0423AttachB.pdf13HseJud0423AttachB.pdf

02:57 PM -- Mitch Morrissey, 2nd Judicial District Attorney, testified in support of the bill. Mr. Morrissey discussed current practice and current state and federal law on this subject. He addressed prepared amendment L.006 (Attachment C).

13HseJud0423AttachC.pdf13HseJud0423AttachC.pdf

03:02 PM -- Don Eberle, representing Verizon, testified in support of the bill.

03:03 PM -- Maureen Cain, representing the Colorado Criminal Defense Bar, testified in support of the bill with the adoption of prepared amendment L.007 (Attachment D).

13HseJud0423AttachD.pdf13HseJud0423AttachD.pdf
BILL:HB13-1308
TIME: 03:24:14 PM
MOVED:Kagan
MOTION:Adopt amendment L.004 (Attachment A), which amends L.003. The motion passed without objection.
SECONDED:Gardner
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:HB13-1308
TIME: 03:24:28 PM
MOVED:Gardner
MOTION:Adopt amendment L.007 (Attachment D), which amends L.003. The motion passed without objection.
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:HB13-1308
TIME: 03:26:52 PM
MOVED:Kagan
MOTION:Adopt amendment L.003 (Attachment E), as amended. The motion passed without objection.

13HseJud0423AttachE.pdf13HseJud0423AttachE.pdf
SECONDED:Gardner
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:HB13-1308
TIME: 03:29:10 PM
MOVED:Kagan
MOTION:Adopt amendment L.005 (Attachment B). The motion passed without objection.
SECONDED:Gardner
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:HB13-1308
TIME: 03:30:55 PM
MOVED:Kagan
MOTION:Refer House Bill 13-1308, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED:Gardner
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


03:34 PM -- House Bill 13-1300

The committee took a brief recess.


03:39 PM

The committee returned to order. Representative Gardner, sponsor, presented House Bill 13-1300. Often referred to as the Revisor's Bill, this bill is recommended by the Committee on Legal Services to amend or repeal obsolete, inconsistent, or conflicting laws. In some instances, it also clarifies statutory language to more accurately reflect legislative intent. The specific reasons for each amendment or repeal are set forth in the bill's appendix.

Representative Gardner addressed prepared amendments L.001, L.002, and L.003 (Attachments F, G, and H).

13HseJud0423AttachF.pdf13HseJud0423AttachF.pdf 13HseJud0423AttachG.pdf13HseJud0423AttachG.pdf

13HseJud0423AttachH.pdf13HseJud0423AttachH.pdf








03:44 PM -- Jennifer Gilroy, representing the Office of Legislative Legal Services, was available to answer questions. There were none.
BILL:HB13-1300
TIME: 03:45:53 PM
MOVED:Gardner
MOTION:Adopt amendment L.001 (Attachment F). The motion passed without objection.
SECONDED:Court
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:HB13-1300
TIME: 03:47:33 PM
MOVED:Gardner
MOTION:Adopt amendment L.002 (Attachment G). The motion passed without objection.
SECONDED:Court
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:HB13-1300
TIME: 03:48:37 PM
MOVED:Gardner
MOTION:Adopt amendment L.003 (Attachment H). The motion passed without objection.
SECONDED:Court
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:HB13-1300
TIME: 03:50:32 PM
MOVED:Gardner
MOTION:Refer House Bill 13-1300, as amended, 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


03:52 PM -- House Bill 13-1307

Representative Kagan, sponsor, presented House Bill 13-1307. Under current law, the fact that a document of title relating to real property does not contain an address, identifying number, or assessor's schedule number or parcel number does not render the document ineffective, nor render the title unmarketable, if the property's legal description appears in the document. The bill specifies that the absence of a legal description in a document of title relating to real property does not necessarily:

04:00 PM -- Randall Alt, representing the Colorado Bar Association, testified in support of the bill. Mr. Alt provided a fact sheet about the bill (Attachment I) and read statistics about title documents. He addressed prepared amendment L.001 (Attachment J). He explained why the bill is necessary. He responded to questions from the committee.

13HseJud0423AttachI.pdf13HseJud0423AttachI.pdf 13HseJud0423AttachJ.pdf13HseJud0423AttachJ.pdf










04:14 PM -- Alexander Pankonin, representing the Land Title Association, testified in support of the bill.
BILL:HB13-1307
TIME: 04:22:06 PM
MOVED:Kagan
MOTION:Adopt amendment L.001 (Attachment J). The motion passed without objection.
SECONDED:Salazar
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:HB13-1307
TIME: 04:22:37 PM
MOVED:Kagan
MOTION:Refer House Bill 13-1307, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED:Gardner
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


04:24 PM -- Senate Bill 13-244

Representative Kagan, sponsor, presented Senate Bill 13-244. This bill renames the Colorado Methamphetamine Task Force as the Colorado Substance Abuse Task Force, changes the emphasis of the task force from solely methamphetamine to all substance abuse, and renames the Methamphetamine Abuse Prevention, Intervention, and Treatment (MAPIT) Cash Fund as the Substance Abuse Prevention, Intervention, and Treatment Cash Fund. Additionally, the bill changes the makeup of the task force and expands the members appointed by the task force co-chairs from 16 to 22. Currently, the task force is set to repeal on July 1, 2014. The bill extends the repeal date to July 1, 2018.

Background. The task force was created by the General Assembly in 2006 to develop a statewide strategy to respond to methamphetamine use in the state. It is currently comprised of the Attorney General or his or her designee, 4 members of the General Assembly or their designees, 2 members appointed by the chief justice of the Colorado supreme court, and 16 members from government and the private sector appointed by the task force chair and co-chairs. The Division of Criminal Justice within the Department of Public Safety is authorized to receive any gifts, grants, and donations to administer the task force, and funding comes from private foundations. Funds received are credited to the MAPIT Cash Fund for the purpose of funding the activities of the task force. In 2006, the task force received a grant of $50,000 from the El Pomar Foundation.












04:29 PM -- David Blake, representing the Department of Law, testified in support of the bill. Mr. Blake discussed the work of the task force and spoke about the need to refocus the work of the task force on decreasing opiate use in Colorado. He responded to questions from the committee about the recommendations made by the task force in the past and to what he attributes the dramatic decrease in methamphetamine use in the last five years.
BILL:SB13-244
TIME: 04:36:06 PM
MOVED:Kagan
MOTION:Adopt amendment L.001 (Attachment K). The motion passed without objection.

13HseJud0423AttachK.pdf13HseJud0423AttachK.pdf
SECONDED:Salazar
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:SB13-244
TIME: 04:36:37 PM
MOVED:Kagan
MOTION:Refer Senate Bill 13-244, as amended, 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


04:38 PM

The committee adjourned.