House Committee on Judiciary (03/07/2013)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:	03/07/2013	ATTENDANCE

Time:	01:33 PM to 04:17 PM	Buckner	X
		Court	X
Place:	HCR 0112	Gardner	X
		Lawrence	X
This Meeting was called to order by		McLachlan	X
	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:
HB13-1230 HB13-1200 HB13-1204		Amended, Referred to Appropriations Amended, Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole

01:33 PM -- House Bill 13-1230

Representatives Williams and Pabon, co-sponsors, presented House Bill 13-1230, concerning compensation for persons wrongly incarcerated. This bill creates a state compensation program for persons who are found factually innocent of felony crimes after serving time in jail, prison, or juvenile placement.

To become eligible for state funds, the exonerated person, or his or her immediate family members, must submit a petition and supporting documentation to the district court in the county that heard the original case. The Attorney General and district attorney may concur or contest the petition. If contested, the district court may order for evidence to be retested and is authorized to consider new evidence, whether or not it was part of the original trial. If a petition is contested, the burden to prove innocence is upon the petitioner. If found innocent, the petitioner is eligible to receive the following benefits:

monetary compensation in the amount of $70,000 for each year incarcerated, plus an additional $25,000 for each year he or she served on parole and $50,000 for each year he or she was incarcerated and awaited execution;

tuition waivers at state institutions of higher education, if the exonerated person was incarcerated for at least three years;

compensation for child support payments and associated interest owed by the exonerated person that were incurred during his or her incarceration;

reasonable attorney fees; and

the amount of any fine, penalty, court costs, or restitution imposed as a result of the exonerated person's wrongful conviction.

The bill allows for prorated compensation and for reductions to be made for certain reasons. No compensation is allowed for periods of incarceration that were served as a result of a concurrent sentence for another crime. Reductions in compensation are required if the exonerated person fails to provide proof of enrollment in a qualified health plan. No payments are allowed if the exonerated person prevails in a civil action and is awarded monetary damages that equal or exceed the state's obligation, the exonerated person is convicted of a class 1 or class 2 felony after the court issues the order of compensation, or the person has not yet completed a personal financial management instruction course. Compensation is not subject to civil lawsuit caps or state income tax, although the portion awarded as attorney's fees is subject to taxation.

The state controller is required to issue annual payments of a maximum of $100,000 from the Risk Management Fund.

01:45 PM

Representatives Williams and Pabon explained the mechanics of the bill and addressed prepared amendment L.002 (Attachment A).

13HseJud0307AttachA.pdf

01:55 PM

Representatives Williams and Pabon continued their explanation of the bill, focusing on eligibility, the process for applying for compensation, and the amount and type of compensation available. Representative Pabon discussed a future amendment that he will offer. He responded to questions from the committee.

02:12 PM

Committee discussion continued about how the bill will be implemented.

02:17 PM -- Attorney General John Suthers, representing the Department of Law, testified in support of the bill. Attorney General Suthers spoke about the justice review project his office implemented in 2010 in conjunction with the Denver District Attorney's Office. The project involves reviewing violent crime case files. The goal of the review process is to exonerate individuals in cases of actual innocence. He provided statistics about the number of cases that have been overturned as a result of actual innocence. He responded to questions from the committee.

02:24 PM -- Stan Garnett, representing the 20th Judicial District Attorney's Office, testified in support of the bill. Mr. Garnett stated that every elected district attorney is interested in justice. He commented that both the Innocence Project and the Attorney General's justice review project have reviewed all of his cases and have not found any cases of actual innocence.

02:28 PM -- Dan Schoen, representing the Colorado Criminal Defense Bar, testified in support of the bill. Mr. Schoen thanked Representatives Williams and Pabon for their hard work on the bill. He read a letter of support from Tim Masters and responded to questions from the committee. Representative Pabon commented about the amount of compensation available to each wrongfully incarcerated individual.

02:44 PM -- Robert Dewey, representing himself, testified in support of the bill. Mr. Dewey spoke about his experience being wrongly incarcerated for 18 years. He discussed what he missed in terms of life experiences, time with his family, and earning potential while he was prison. He stated that he speaks for the silent minority in prison who is innocent. He talked about the things that have changed in the world since he was incarcerated and how difficult it is to make decisions for himself after being told what to do every minute of every day for 18 years. Mr. Dewey responded to questions from the committee.

03:01 PM -- Danyel Joffe, representing herself, testified in support of the bill. Ms. Joffe spoke about her experience as Mr. Dewey's attorney in his post-conviction case that lead to his exoneration. She discussed Mr. Dewey's post-incarceration needs.

03:08 PM -- Denise Maes, representing the American Civil Liberties Union (ACLU) of Colorado, testified in support of the bill. Ms. Maes thanked Representatives Williams and Pabon for their hard work.

03:12 PM

The committee discussed the length of time cases are waiting prior to being reviewed. Discussion also occurred regarding the time it takes to test physical evidence to provide proof of innocence or guilt.

03:15 PM -- Steve Weber, representing himself, testified in support of the bill. Mr. Weber stated his opinion that this bill would allow Colorado to join 27 other states in being civilized. He spoke about his experience being wrongly incarcerated.


BILL:	HB13-1230
TIME:	03:18:20 PM
MOVED:	Kagan
MOTION:	Adopt amendment L.002 (Attachment A). 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:	HB13-1230
TIME:	03:30:32 PM
MOVED:	Kagan
MOTION:	Refer House Bill 13-1230, as amended, to the Committee on Appropriations. 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

03:30 PM

The committee took a brief recess.

03:41 PM -- House Bill 13-1200

The committee returned to order.

Representative Gardner, prime sponsor, returned to discuss House Bill 13-1200, concerning the Uniform Deployed Parents Custody and Visitation Act. The bill was originally heard and laid over for action on Thursday, February 21, 2013. The bill, recommended by the Colorado Commission on Uniform State Laws, establishes the Uniformed Deployed Parents Custody and Visitation Act. Among other things, the bill sets forth provisions addressing custodial responsibility, caretaking, and decision-making authority when a parent who is a uniformed service member is deployed. Procedures for issuing and terminating temporary orders relating to custody and visitation during a deployment are also included.

Representative Gardner spoke about prepared amendment L.002 (Attachment B). He discussed all of the work that went into drafting the bill and amendment L.002. He asked Stan Kent, representing the Uniform Law Commission, to explain the amendment line by line.

13HseJud0307AttachB.pdf

03:50 PM

Mr. Kent walked the committee through the amendment.


BILL:	HB13-1200
TIME:	03:57:18 PM
MOVED:	Gardner
MOTION:	Adopt amendment L.002 (Attachment B). 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:	HB13-1200
TIME:	04:03:06 PM
MOVED:	Gardner
MOTION:	Refer House Bill 13-1200, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED:	Court
		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

04:05 PM -- House Bill 13-1204

Representative Gardner, prime sponsor, returned to discuss House Bill 13-1204, concerning the Uniform Premarital and Marital Agreements Act. The bill was originally heard and laid over for action on Thursday, February 21, 2013. The bill, recommended by the Colorado Commission on Uniform State Laws, enacts the Uniform Premarital and Marital Agreements Act. Generally, the bill standardizes and provides additional statutory guidance for the consideration of premarital and marital agreements by the courts. Among other things, the bill describes the formation of these agreements, when they are effective, and provisions that are unenforceable under certain conditions. The act applies to agreements signed on or after July 1, 2014.

Representative Gardner spoke about prepared amendment L.001 (Attachment C) and asked Stan Kent, representing the Uniform Law Commission to walk the committee through the amendment. The committee was provided with an unofficial preamended version of the bill that incorporates amendment L.001 (Attachment D). Mr. Kent responded to questions from the committee.

13HseJud0307AttachC.pdf

13HseJud0307AttachD.pdf


BILL:	HB13-1204
TIME:	04:15:55 PM
MOVED:	Gardner
MOTION:	Adopt amendment L.001 (Attachment C). 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:	HB13-1204
TIME:	04:16:53 PM
MOVED:	Gardner
MOTION:	Refer House Bill 13-1204, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED:	Court
		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

04:17 PM

The committee adjourned.