Date: 04/16/2013

Final
BILL SUMMARY for HB13-1279

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Adopt amendment L.001 (Attachment A). The motion p
Adopt amendment L.002 (Attachment C). The motion p
Refer House Bill 13-1279, as amended, to the Commi		Pass Without Objection
PASS
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.pdf13HseJud0416AttachA.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.pdf13HseJud0416AttachB.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.pdf13HseJud0416AttachC.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