Juvenile Defense Attorney (10/28/2013)

Final
STAFF SUMMARY OF MEETING

JUVENILE DEFENSE ATTORNEY

Date:	10/28/2013	ATTENDANCE

Time:	09:03 AM to 04:02 PM	Brant	X
		Brodhead	X
Place:	HCR 0112	Brown	E
		Dvorchak	X
This Meeting was called to order by		Harvey	X
	Representative Levy	Jessel	X
		Kagan	*
This Report was prepared by		Koppes Conway	E
	Dave DeNovellis	Lee	X
		Lilgerose	X
		Marble	E
		Martin	X
		Navarro	X
		Smith	X
		Steadman	X
		Ulibarri	X
		Weinerman	*
		Wright	X
		Guzman	X
		Levy	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Opening Comments - Public Testimony Draft Interim Resolution Bill 2 Bill 1 Bill 3		Witness Testimony and/or Committee Discussion Only Move to Refer to the Legislative Council Committee Witness Testimony and/or Committee Discussion Only Move to Refer to the Legislative Council Committee Move to Refer to the Legislative Council Committee

09:05 AM -- Opening Comments - Public Testimony

Representative Levy, chair, called the meeting to order. Senator Guzman thanked the committee for its work throughout the interim. Representative Levy announced that the committee would take public testimony and then discuss proposed draft legislation. Copies of the Draft Interim Resolution, Bill 1, Bill 2, and Bill 3 were distributed to the committee (Attachments A, B, C, and D, respectively). Senator Steadman replaced Senator Hudak on the committee for the meeting. Doug Wilson, representing the Office of the State Public Defender (OSPD) sat in for Frances Brown.

13JuvDefense1028AttachA.pdf

13JuvDefense1028AttachB.pdf

13JuvDefense1028AttachC.pdf

13JuvDefense1028AttachD.pdf

09:07 AM -- Professor Robin Walker Sterling from the University of Denver Sturm College of Law came to the table to discuss the committee's draft legislation. She discussed the evolution of juvenile justice systems since the Supreme Court case In re: Gault in 1967. She discussed the difference between rehabilitative and punitive justice systems and expressed her wish that Colorado have a more rehabilitative juvenile justice system.

09:15 AM -- Cori Alcock and Sarah Ericson, representing the 18th Judicial District Attorney's Office, came to the table to discuss the committee's draft legislation. Ms. Ericson stated that she is concerned about requiring all juveniles to have an attorney and that juveniles have a constitutional right to defend themselves. She stated that she is concerned about adding social workers to public defender's offices and how that would function practically. She asked that the committee not move forward with any of the proposed legislation in its current form. Ms. Alcock stated that she echoes Ms. Ericson's comments. Ms. Ericson responded to questions from Representative Lee about why she opposes Bill 2 and Bill 3 (Attachments C and D).

09:24 AM

Ms. Ericson stated that there are already multiple social workers assigned to juvenile cases and that she is concerned that it is only duplicating evaluations. She discussed Bill 1's proposal concerning the advisement of rights (Attachment B). Ms. Ericson responded to questions from Senator Harvey about what she thinks would be adequate and stated that focusing on human services is more important than waiting until a juvenile is in the justice system. Ms. Weinerman addressed comments that Ms. Ericson made regarding guardians ad litem. Representative Levy addressed Ms. Ericson's comments regarding the waiver of counsel and stated that the committee received multiple sources of testimony that said waivers of counsel are pro forma and many juveniles did not feel they were knowing and informed.

09:33 AM -- George Brauchler, representing the 18th Judicial District Attorney's Office, came to the table to discuss the committee's draft legislation. He discussed the demographic make-up of the 18th Judicial District and stated that he feels the proposed legislation is a statewide solution that does not fit each individual jurisdiction. Mr. Brauchler stated that he does not feel the legislation takes into account the work that Colorado has already done in the area of juvenile justice. He stated that there is a deliberate distinction between juvenile and adult justice systems. Mr. Brauchler stated that the proposed legislation will slow down the system.

09:41 AM

Mr. Brauchler continued to discuss the proposed legislation and gave statistics regarding the number of juvenile cases in Douglas County. He stated that it is important to note that increased numbers of public defenders will also require more judges, magistrates, and administrative support that counties will be required to pay for. Ms. Dvorchak discussed Mr. Brauchler's comments and her experience court watching in Arapahoe County. Mr. Brauchler and Ms. Dvorchak discussed what the overall goals of the juvenile justice system are and what they believe they should be. Representative Levy stated that the goal of the committee is not necessarily to make the system more expedient, but to see that juveniles have an opportunity to receive adequate representation.

09:51 AM

Representative Levy and Mr. Brauchler discussed his statements regarding parental responsibility and a juvenile's legal interests. Ms. Lilgerose discussed her experience in the Arapahoe County juvenile justice system and how difficult it is for a parent to adequately represent a child's legal interests without an attorney.

10:02 AM -- Draft Interim Resolution

The committee took up discussion on Draft Interim Resolution concerning requesting the Chief Justice of the Supreme Court to take certain actions concerning the adjudication of juvenile delinquency petitions (Attachment A). The resolution first states that the interim committee identified certain problems in the juvenile justice system that require the judicial branch to take certain actions. Specifically, the General Assembly requests that the Chief Justice of the Colorado Supreme Court:

• issue a directive to the judges of the state court system to assign juvenile delinquency petitions, to the extent practicable, to a single courtroom within each judicial district and to allow judges with juvenile dockets to remain in that rotation so they may develop expertise in handling juvenile cases; and
• establish a committee to review the Colorado Rules of Juvenile Procedure and juvenile court forms and make recommendations concerning any amendments that may be necessary.

Representative Kagan distributed prepared Amendment #1 to the committee (Attachment E) and Representative Levy distributed prepared Amendment #2 to the committee (Attachment F). Mr. Wilson discussed whether the committee could mandate that there be dedicated juvenile justices. Representative Levy stated that she feels it is a question of separation of powers. Senator Harvey discussed other state models that had dedicated and separate juvenile justice systems. Mr. Brodhead stated that the Judicial branch does appreciate that there may be deficiencies in the system and does want to work with the legislature. He stated that there are resource concerns in rural districts.

13JuvDefense1028AttachE.pdf

13JuvDefense1028AttachF.pdf


BILL:	Draft Interim Resolution
TIME:	10:04:07 AM
MOVED:	Levy
MOTION:	Recommend that Draft Interim Resolution (Attachment A), as amended (see vote sheets below), be included in the bills recommended by the Juvenile Defense Attorney Interim Committee to the Legislative Council. The motion passed on a vote of 9-0, with one member excused.
SECONDED:	Steadman
		VOTE
	Brant
	Brodhead
	Brown
	Dvorchak
	Harvey	Yes
	Jessel
	Kagan	Yes
	Koppes Conway
	Lee	Yes
	Lilgerose
	Marble	Excused
	Martin
	Navarro	Yes
	Smith
	Steadman	Yes
	Ulibarri	Yes
	Weinerman
	Wright	Yes
	Guzman	Yes
	Levy	Yes

Final YES: 9 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


BILL:	Draft Interim Resolution
TIME:	10:04:42 AM
MOVED:	Kagan
MOTION:	Adopt prepared Amendment #1 to Draft Interim Resolution (Attachment E). The motion passed without objection.
SECONDED:	Levy
		VOTE
	Brant
	Brodhead
	Brown
	Dvorchak
	Harvey
	Jessel
	Kagan
	Koppes Conway
	Lee
	Lilgerose
	Marble	Excused
	Martin
	Navarro
	Smith
	Steadman
	Ulibarri
	Weinerman
	Wright
	Guzman
	Levy

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	Draft Interim Resolution
TIME:	10:06:58 AM
MOVED:	Levy
MOTION:	Adopt prepared Amendment #2 to Draft Interim Resolution (Attachment F). The motion passed without objection.
SECONDED:	Steadman
		VOTE
	Brant
	Brodhead
	Brown
	Dvorchak
	Harvey
	Jessel
	Kagan
	Koppes Conway
	Lee
	Lilgerose
	Marble	Excused
	Martin
	Navarro
	Smith
	Steadman
	Ulibarri
	Weinerman
	Wright
	Guzman
	Levy

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

10:14 AM -- Bill 2

The committee took up discussion on Bill 2 concerning the creation of the Division of Juvenile Defense within the OSPD (Attachment C). Representative Kagan distributed prepared amendments #1, #2, #3, #4, and #7 to Bill 2 to the committee (Attachments G, H, I, J, and K, respectively). Representative Kagan discussed the bill and amendment #7. Mr. Wilson stated that the OSPD does not need legislative permission to reorganize and is opposed to Bill 2.

13JuvDefense1028AttachG.pdf

13JuvDefense1028AttachH.pdf

13JuvDefense1028AttachI.pdf

13JuvDefense1028AttachJ.pdf

13JuvDefense1028AttachK.pdf

10:30 AM

Mr. Wilson and Ms. Dvorchak discussed their opinions on the bill and whether a dedicated juvenile office could be created without legislation.

10:37 AM

Mr. Wilson and Judge Smith discussed budgetary issues within theOSPD. Mr. Wilson stated that, beginning in 2014, the OSPD will have a dedicated juvenile trainer.

10:43 AM

The committee discussed whether or not to recommend Bill 2 and ultimately declined to do so.

10:51 AM -- Bill 1

The committee recessed.

01:04 PM

The committee reconvened. The committee took up discussion on Bill 1 concerning the provision of defense counsel to juvenile offenders (Attachment B).

The bill makes several changes to provisions of the Colorado juvenile justice system concerning the representation of children in juvenile proceedings including changes regarding: representation at detention hearings; notice of the right to counsel on juvenile summons; notice to OSPD and/or OADC when a juvenile is detained; waivers of counsel; the role of guardians ad litem; and representation and indigence determination.

Prepared amendments #1, #2, #3, #4, #5, #6, #7, #8, #9, #10, #11, #14, and #16 were distributed to the committee (Attachments L, M, N, O, P, Q, R, S, T, U, V, W, and X, respectively). The committee discussed whether any of the amendments conflict with each other with Mr. Richard Sweetman, Office of Legislative Legal Services. Senator Steadman stated that he will support the bill in committee but that he is concerned about its potential fiscal impact. Senator Harvey also discussed his concerns about the potential fiscal impact of the bill.

13JuvDefense1028AttachL.pdf

13JuvDefense1028AttachM.pdf

13JuvDefense1028AttachN.pdf

13JuvDefense1028AttachO.pdf

13JuvDefense1028AttachP.pdf

13JuvDefense1028AttachQ.pdf

13JuvDefense1028AttachR.pdf

13JuvDefense1028AttachS.pdf

13JuvDefense1028AttachT.pdf

13JuvDefense1028AttachU.pdf

13JuvDefense1028AttachV.pdf

13JuvDefense1028AttachW.pdf

13JuvDefense1028AttachX.pdf

01:09 PM

Representative Kagan described prepared amendment #1 (Attachment L). Representative Levy stated that parental refusal should not be eliminated from the bill. Ms. Dvorchak stated that she believes parental refusal should be related to the juvenile's indigence determination.


BILL:	Bill 1
TIME:	01:09:28 PM
MOVED:	Levy
MOTION:	Recommend that Bill 1 (Attachment B), as amended (see vote sheets below), be included in the bills recommended by the Juvenile Defense Attorney Interim Committee to the Legislative Council. The motion passed on a vote of 6-3, with one member excused.
SECONDED:	Steadman
		VOTE
	Brant
	Brodhead
	Brown
	Dvorchak
	Harvey	No
	Jessel
	Kagan	Yes
	Koppes Conway
	Lee	Yes
	Lilgerose
	Marble	Excused
	Martin
	Navarro	No
	Smith
	Steadman	Yes
	Ulibarri	Yes
	Weinerman
	Wright	No
	Guzman	Yes
	Levy	Yes

Final YES: 6 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS


BILL:	Bill 1
TIME:	01:09:46 PM
MOVED:	Kagan
MOTION:	Adopt prepared amendment #1 to Bill 11 (Attachment L). The motion was withdrawn.
SECONDED:	Steadman
		VOTE
	Brant
	Brodhead
	Brown
	Dvorchak
	Harvey
	Jessel
	Kagan
	Koppes Conway
	Lee
	Lilgerose
	Marble	Excused
	Martin
	Navarro
	Smith
	Steadman
	Ulibarri
	Weinerman
	Wright
	Guzman
	Levy

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION:

01:13 PM

Representative Kagan described prepared amendment #2, which eliminates the change in the definition of a juvenile being "a danger to him or herself or to the community" (Attachment M) .


BILL:	Bill 1
TIME:	01:13:32 PM
MOVED:	Kagan
MOTION:	Adopt prepared amendment #2 to Bill 1 (Attachment M). The motion was withdrawn.
SECONDED:
		VOTE
	Brant
	Brodhead
	Brown
	Dvorchak
	Harvey
	Jessel
	Kagan
	Koppes Conway
	Lee
	Lilgerose
	Marble	Excused
	Martin
	Navarro
	Smith
	Steadman
	Ulibarri
	Weinerman
	Wright
	Guzman
	Levy

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION:


BILL:	Bill 1
TIME:	01:23:34 PM
MOVED:	Kagan
MOTION:	Adopt prepared amendment #4 to Bill 1 (Attachment O). The motion passed without objection.
SECONDED:	Steadman
		VOTE
	Brant
	Brodhead
	Brown
	Dvorchak
	Harvey
	Jessel
	Kagan
	Koppes Conway
	Lee
	Lilgerose
	Marble	Excused
	Martin
	Navarro
	Smith
	Steadman
	Ulibarri
	Weinerman
	Wright
	Guzman
	Levy

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

01:25 PM

Representative Kagan described prepared amendment #5, concerning when a public defender attaches to a juvenile's case (Attachment P). Mr. Wilson said the amendment may have a large fiscal impact.


BILL:	Bill 1
TIME:	01:25:11 PM
MOVED:	Kagan
MOTION:	Adopt prepared amendment #5 to Bill 1 (Attachment P). The motion passed without objection.
SECONDED:	Steadman
		VOTE
	Brant
	Brodhead
	Brown
	Dvorchak
	Harvey
	Jessel
	Kagan
	Koppes Conway
	Lee
	Lilgerose
	Marble	Excused
	Martin
	Navarro
	Smith
	Steadman
	Ulibarri
	Weinerman
	Wright
	Guzman
	Levy

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

01:35 PM

Representative Kagan described prepared amendment #6, concerning limiting waivers of counsel (Attachment Q). Mr. Wilson noted that it may be difficult to have a public defender on-call in all districts to know if a summons contains a waivable offense or not. Ms. Jessel discussed how summons returns work in Boulder County. The committee discussed how to increase juvenile access to diversion programs.


BILL:	Bill 1
TIME:	01:35:05 PM
MOVED:	Kagan
MOTION:	Adopt prepared amendment #6 to Bill 1 (Attachment Q). The motion passed on a vote of 7-2, with one member excused.
SECONDED:	Steadman
		VOTE
	Brant
	Brodhead
	Brown
	Dvorchak
	Harvey	Yes
	Jessel
	Kagan	Yes
	Koppes Conway
	Lee	Yes
	Lilgerose
	Marble	Excused
	Martin
	Navarro	Yes
	Smith
	Steadman	No
	Ulibarri	Yes
	Weinerman
	Wright	No
	Guzman	Yes
	Levy	Yes

YES: 7 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:16 PM

Representative Levy described prepared amendment #7, regarding status offenders (Attachment R).


BILL:	Bill 1
TIME:	02:16:57 PM
MOVED:	Levy
MOTION:	Adopt prepared amendment #7 to Bill 1 (Attachment R). The motion passed without objection.
SECONDED:	Kagan
		VOTE
	Brant
	Brodhead
	Brown
	Dvorchak
	Harvey
	Jessel
	Kagan
	Koppes Conway
	Lee
	Lilgerose
	Marble	Excused
	Martin
	Navarro
	Smith
	Steadman
	Ulibarri
	Weinerman
	Wright
	Guzman
	Levy

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

02:17 PM

Representative Kagan described prepared amendment #9, concerning the make up of the Public Defender Commission and the Alternate Defense Counsel Commission (Attachment T). Senator Steadman stated that he feels that the amendment puts an inordinate amount of importance on one area considering the commissions only have five members. Ms. Dvorchak said the amendment creates oversight and accountability for juvenile matters.


BILL:	Bill 1
TIME:	02:17:56 PM
MOVED:	Kagan
MOTION:	Adopt prepared amendment #9 to Bill 1 (Attachment T). The motion was withdrawn.
SECONDED:	Lee
		VOTE
	Brant
	Brodhead
	Brown
	Dvorchak
	Harvey
	Jessel
	Kagan
	Koppes Conway
	Lee
	Lilgerose
	Marble	Excused
	Martin
	Navarro
	Smith
	Steadman
	Ulibarri
	Weinerman
	Wright
	Guzman
	Levy

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION:

02:25 PM

Representative Kagan described prepared amendment #10, concerning parental refusal (Attachment U). The committee discussed recoupment mechanisms for parents and clients who are later found to not be indigent.

02:31 PM

Representative Kagan described prepared amendment #11, concerning reporting requirements (Attachment V).


BILL:	Bill 1
TIME:	02:31:36 PM
MOVED:	Steadman
MOTION:	Adopt prepared amendment #11 to Bill 1 (Attachment V). The motion passed without objection.
SECONDED:	Ulibarri
		VOTE
	Brant
	Brodhead
	Brown
	Dvorchak
	Harvey
	Jessel
	Kagan
	Koppes Conway
	Lee
	Lilgerose
	Marble	Excused
	Martin
	Navarro
	Smith
	Steadman
	Ulibarri
	Weinerman
	Wright
	Guzman
	Levy

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

02:32 PM

Representative Kagan described prepared amendment #14, concerning providing notice of summons to OSPD (Attachment W).


BILL:	Bill 1
TIME:	02:32:35 PM
MOVED:	Kagan
MOTION:	Adopt prepared amendment #14 to Bill 1 (Attachment W). The motion passed without objection.
SECONDED:	Steadman
		VOTE
	Brant
	Brodhead
	Brown
	Dvorchak
	Harvey
	Jessel
	Kagan
	Koppes Conway
	Lee
	Lilgerose
	Marble	Excused
	Martin
	Navarro
	Smith
	Steadman
	Ulibarri
	Weinerman
	Wright
	Guzman
	Levy

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

02:40 PM

The committee discussed prepared amendment #16 concerning the presumption of indigence determination and waivers of counsel (Attachment X). Representative Levy stated that she preferred to sever the prepared amendment into multiple sections due to the number of topics contained in the amendment and due to other amendments that address similar areas in the bill.


BILL:	Bill 1
TIME:	02:40:28 PM
MOVED:	Levy
MOTION:	Adopt lines 11-12 of page 1 of prepared amendment #16 to Bill 1 (Attachment X). The motion was withdrawn.
SECONDED:
		VOTE
	Brant
	Brodhead
	Brown
	Dvorchak
	Harvey
	Jessel
	Kagan
	Koppes Conway
	Lee
	Lilgerose
	Marble	Excused
	Martin
	Navarro
	Smith
	Steadman
	Ulibarri
	Weinerman
	Wright
	Guzman
	Levy

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION:


BILL:	Bill 1
TIME:	02:47:08 PM
MOVED:	Levy
MOTION:	Adopt severed section A of prepared amendment #16 to Bill 1 (Attachment X), page 1, lines 1-10. The motion passed without objection.
SECONDED:	Steadman
		VOTE
	Brant
	Brodhead
	Brown
	Dvorchak
	Harvey
	Jessel
	Kagan
	Koppes Conway
	Lee
	Lilgerose
	Marble	Excused
	Martin
	Navarro
	Smith
	Steadman
	Ulibarri
	Weinerman
	Wright
	Guzman
	Levy

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	Bill 1
TIME:	02:55:06 PM
MOVED:	Steadman
MOTION:	Adopt severed section B of prepared amendment #16 to Bill 1 (Attachment X), page 1, lines 13-26, and page 2, lines 1-5 and 8-11. The motion was withdrawn.
SECONDED:
		VOTE
	Brant
	Brodhead
	Brown
	Dvorchak
	Harvey
	Jessel
	Kagan
	Koppes Conway
	Lee
	Lilgerose
	Marble	Excused
	Martin
	Navarro
	Smith
	Steadman
	Ulibarri
	Weinerman
	Wright
	Guzman
	Levy

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION:

03:16 PM

Representative Kagan discussed prepared amendment #3, concerning a juvenile's indigence determination (Attachment N).


BILL:	Bill 1
TIME:	03:16:58 PM
MOVED:	Kagan
MOTION:	Adopt prepared amendment #3 to Bill 1 (Attachment N). The motion passed on a vote of 6-3, with one member excused.
SECONDED:	Ulibarri
		VOTE
	Brant
	Brodhead
	Brown
	Dvorchak
	Harvey	No
	Jessel
	Kagan	Yes
	Koppes Conway	Excused
	Lee	Yes
	Lilgerose
	Marble	Excused
	Martin
	Navarro	No
	Smith
	Steadman	Yes
	Ulibarri	Yes
	Weinerman
	Wright	Yes
	Guzman	Yes
	Levy	No

YES: 6 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS


BILL:	Bill 1
TIME:	03:34:15 PM
MOVED:	Levy
MOTION:	Adopt severed section C of prepared amendment #16 to Bill 1 (Attachment X), page 2, lines 8-30. The motion passed without objection.
SECONDED:	Steadman
		VOTE
	Brant
	Brodhead
	Brown
	Dvorchak
	Harvey
	Jessel
	Kagan
	Koppes Conway
	Lee
	Lilgerose
	Marble	Excused
	Martin
	Navarro
	Smith
	Steadman
	Ulibarri
	Weinerman
	Wright
	Guzman
	Levy

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	Bill 1
TIME:	03:37:02 PM
MOVED:	Levy
MOTION:	Strike line 12 of page 2 of prepared amendment #16 to Bill 1 (Attachment X). The motion passed without objection.
SECONDED:	Kagan
		VOTE
	Brant
	Brodhead
	Brown
	Dvorchak
	Harvey
	Jessel
	Kagan
	Koppes Conway	Excused
	Lee
	Lilgerose
	Marble	Excused
	Martin
	Navarro
	Smith
	Steadman
	Ulibarri
	Weinerman
	Wright
	Guzman
	Levy

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

03:44 PM -- Bill 3

The committee took up discussion of Bill #3 concerning the provision of social services to juvenile defendants. The bill authorizes the OSPD to hire social workers and independent investigators to assist in defending juvenile defendants. Any report that such a social worker prepares and that the juvenile’s attorney submits to the court is considered as evidence in the juvenile’s case. Representative Kagan discussed prepared amendment #1 with the committee (Attachment Y). Representative Levy discussed removing the term "investigators" from the language in the bill.

13JuvDefense1028AttachY.pdf


BILL:	Bill 3
TIME:	03:50:02 PM
MOVED:	Kagan
MOTION:	Recommend that Bill 3 (Attachment D), as amended (see vote sheets below), be included in the bills recommended by the Juvenile Defense Attorney Interim Committee to the Legislative Council. The motion passed on a vote of 6-3, with one member excused.
SECONDED:	Levy
		VOTE
	Brant
	Brodhead
	Brown
	Dvorchak
	Harvey	No
	Jessel
	Kagan	Yes
	Koppes Conway
	Lee	Yes
	Lilgerose
	Marble	Excused
	Martin
	Navarro	No
	Smith
	Steadman	Yes
	Ulibarri	Yes
	Weinerman
	Wright	No
	Guzman	Yes
	Levy	Yes

Final YES: 6 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS


BILL:	Bill 3
TIME:	03:50:17 PM
MOVED:	Kagan
MOTION:	Adopt prepared amendment #1 to Bill 3 (Attachment Y). The motion passed without objection.
SECONDED:	Levy
		VOTE
	Brant
	Brodhead
	Brown
	Dvorchak
	Harvey
	Jessel
	Kagan
	Koppes Conway
	Lee
	Lilgerose
	Marble	Excused
	Martin
	Navarro
	Smith
	Steadman
	Ulibarri
	Weinerman
	Wright
	Guzman
	Levy

YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	Bill 3
TIME:	03:50:41 PM
MOVED:	Levy
MOTION:	Strike "investigators and" from line 2 and strike "and investigators" from line 9 of prepared amendment #1 to Bill 3 (Attachment Y). The motion passed without objection.
SECONDED:	Steadman
		VOTE
	Brant
	Brodhead
	Brown
	Dvorchak
	Harvey
	Jessel
	Kagan
	Koppes Conway
	Lee
	Lilgerose
	Marble	Excused
	Martin
	Navarro
	Smith
	Steadman
	Ulibarri
	Weinerman
	Wright
	Guzman
	Levy

YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection

03:56 PM

The committee discussed bill sponsorship and which house each bill would originate in. Representative Kagan and Senator Guzman agreed to be the prime sponsors of the draft resolution and Bill 1. The committee agreed to have the draft resolution originate in the Senate with Representative Lee and Senators Steadman and Ulibarri as co-sponsors. The committee decided that Bill 1 will originate in the House with Representative Kagan and Senator Guzman as prime sponsors, and Senator Ulibarri and Representative Lee as co-sponsors. Senator Ulibarri and Representative Lee agreed to be the prime sponsors of Bill 3, with it originating in the House and Representative Kagan and Senators Guzman and Steadman as co-sponsors. The committee requested that Mr. Sweetman add a safety clause to Bill 3.

04:02 PM

The committee adjourned.