House Committee on Judiciary (03/18/2014)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:	03/18/2014	ATTENDANCE

Time:	01:35 PM to 05:29 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
	Bo Pogue	Waller	X
		Lee	X
		Kagan	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB14-098 HB14-1036		Referred to the Committee of the Whole Amended, Referred to Appropriations

01:36 PM -- SB14-098

The committee was called to order. A quorum was present. Representatives Foote and Schafer, prime sponsors, presented Senate Bill 14-098, concerning clarifications to statutory language on crimes against at-risk elders. Representative Schafer discussed recent efforts to address elder abuse through legislation, and the work of stakeholders on associated issues. She then explained the effect of the bill. Representative Foote discussed the need for the legislation.

01:43 PM

The following persons testified regarding Senate Bill 14-098:

01:44 PM -- Ms. Tammy Conover, representing the Colorado Bar Association, testified in support of the bill, with concerns. Ms. Conover discussed some potential amendments to the bill. Ms. Conover responded to questions regarding her organization's suggestion for amending the definition of "undue influence," and the reasons that the organization is recommending the change. She responded to further questions regarding the source of the proposed language. The bill sponsors weighed in on the amendments proposed by Ms. Conover.

01:51 PM -- Mr. Phil Cherner, representing the Colorado Criminal Defense Bar, testified in opposition to the bill. Mr. Cherner expressed his organization's concerns with the bill. Discussion ensued regarding the use of the term "emotional distress" by the bill, and the lack of a definition of the term. Mr. Cherner returned to listing the Colorado Criminal Defense Bar's concerns with the bill. Mr. Cherner responded to questions regarding the association of theft with the value of stolen goods in criminal law, and action taken by the Senate on the bill.

01:57 PM -- Mr. Scott Storey, representing the Jefferson County District Attorney's Office and the Colorado District Attorneys' Council, testified in support of Senate Bill 14-098. Mr. Storey discussed trends in elder abuse crimes, and recent legislative actions undertaken to address these crimes. Discussion ensued regarding the legislative declaration found at Section 18-6.5-101, C.R.S. Mr. Storey returned to discussing recent legislative actions undertaken in the area of elder abuse. Mr. Storey addressed some of the amendment suggestions made by Ms. Conover.

02:09 PM

Mr. Storey responded to questions regarding the ability of abused elders to provide testimony in court, and the potential for improving this process through legislation. Mr. Storey responded to additional questions regarding the penalties instituted for criminal exploitation of an at-risk elder under Senate Bill 14-098. Representative Schafer discussed Mr. Storey's bona fides in the area of elder abuse prevention.

02:16 PM -- Mr. Charles Carter, representing the Colorado Senior Lobby and the National Association of Retired Federal Employees, testified in support of the bill. Mr. Carter discussed the legislative history of attempts to address elder abuse. Mr. Carter cited examples of situations of elder abuse, and discussed the merits of Senate Bill 14-098. He spoke in favor of providing support to seniors through legislation, and discussed the position of the law enforcement community on the bill.

02:27 PM -- Ms. Jane Walsh, representing the Boulder County District Attorney's Office, testified in support of the bill. Ms. Walsh discussed a gap in the ability of prosecutors to address elder abuse, and explained how the bill would address this situation. Ms. Walsh discussed certain cases of exploitation of the elderly. Ms. Walsh responded to questions regarding the impact that including a specific intent provision in the bill would have on the ability of district attorneys to prosecute elderly exploitation cases.

02:34 PM -- Mr. Sean Clifford, representing the Attorney General's Office, testified in support of Senate Bill 14-098. Mr. Clifford discussed the ability of prosecutors to prosecute an additional set of elder exploitation cases under the bill, and cited a particular case of elder exploitation. Mr. Clifford addressed questions raised during earlier testimony. Discussion ensued regarding the penalties associated with criminal exploitation of at-risk elders under the bill.

02:41 PM -- Ms. Mary Catherine Rabbitt, representing the Legal Center, testified in support of the bill. Ms. Rabbitt discussed the nature of elder abuse, and the merits of the bill. She discussed the circumstances under which elder abuse is perpetrated, and the impact of these crimes.

02:47 PM -- Ms. Kathleen Hallgren, representing the Bell Policy Center, testified in support of Senate Bill 14-098. Committee members received copies of Ms. Hallgren's testimony (Attachment A). Ms. Hallgren read her testimony.

14HseJud0318AttachA.pdf

02:48 PM -- Mr. Cary Johnson, representing the the Jefferson County District Attorney's Office, testified in support of the bill. Mr. Johnson discussed a program for which he works that seeks to bring crime prevention information to the elderly, and the circumstances under which elders are exploited. Discussion ensued regarding a particular fact pattern of elder exploitation.

02:55 PM

No amendments were offered to Senate Bill 14-098. Representatives Schafer and Foote provided closing remarks in support of the bill.


BILL:	SB14-098
TIME:	02:56:39 PM
MOVED:	Court
MOTION:	Refer Senate Bill 14-098 to the Committee of the Whole. The motion passed on a vote of 10-0.
SECONDED:	Lee
		VOTE
	Buckner	Yes
	Court	Yes
	Gardner	Yes
	Lawrence	Yes
	McLachlan	Yes
	Murray	Excused
	Pettersen	Yes
	Salazar	Yes
	Waller	Yes
	Lee	Yes
	Kagan	Yes

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

02:58 PM -- HB14-1036

The committee recessed.

03:06 PM

The committee returned to order. Representatives Waller and Saine, prime sponsors, presented House Bill 14-1036, concerning drunk driving offenses. Representative Waller discussed the stiffness of penalties for driving under the influence (DUI), and the penalties provided for DUI under the bill. Representative Waller discussed the fatality rate associated with DUI, and the fiscal impact of the bill. Representative Saine discussed a death in her family due to a DUI accident, and other DUI fatalities that involved drivers with multiple DUI convictions.

03:13 PM

The following persons testified regarding House Bill 14-1036:

03:13 PM -- Chief Jerry Garner, representing the Colorado Association of Chiefs of Police, testified in support of the bill. Chief Garner discussed his experiences with investigating a fatal DUI accident involving a chronic DUI offender, and the lack of deterrence for chronic DUI offenders. He discussed the crime-prevention element of increasing penalties for repeat DUI offenses.

03:17 PM -- Ms. Gail Parrish, representing herself and her family, testified in support of the bill. Ms. Parrish recounted the loss of her daughter as the result of an auto accident involving a repeat DUI offender, and the penalties levied against the perpetrator. She discussed the fact that the perpetrator would only be subject to a misdemeanor charge for a DUI if he were to offend again after release, and the benefits of passing House Bill 14-1036.

03:26 PM -- Mr. Jay Tiftickjian, representing the Colorado Criminal Defense Bar, testified in opposition to House Bill 14-1036. Mr. Tiftickjian noted the penalties applicable to repeat DUI offenses under current law, and the potential deterrent effect of passing House Bill 14-1036. He outlined the penalties to which repeat DUI offenders are subjected under current law, and spoke in support of enhancing the treatment regimen for repeat DUI offensers. Mr. Tiftickjian noted some specific issues of concern with the bill as drafted, and discussed the potential crowding out of other felony jury cases by felony DUI jury cases. He discussed the ability of a DUI offender to regain his or her driver's license.

03:37 PM

Discussion ensued regarding the alcohol education classes that DUI offenders are required to attend once convicted. Mr. Tiftickjian responded to questions regarding the potential for the Colorado Criminal Defense Bar to champion legislation in the future that addresses repeat DUI offenses. Mr. Tiftickjian responded to questions regarding the public's perception of felony convictions as compared to misdemeanor convictions. Discussion followed regarding the elements of the habitual traffic offender felony, and its relationship with DUI penalties.

03:48 PM

Mr. Tiftickjian responded to questions regarding the levying of felony penalties for repeat DUI offenses under the bill, as opposed to levying felony penalties under a habitual traffic offender charge.

03:51 PM -- Ms. Maureen Cain, representing the Colorado Criminal Defense Bar, testified in opposition to the bill. She discussed efforts over the years among the criminal law community to help create a DUI felony for repeat offenders. Discussion ensued regarding methods by which repeat DUI offenses may be stemmed. Discussion returned to the potential deterrent effect of creating a repeat DUI felony, and the success rate of required alcohol education classes.

04:04 PM

Discussion continued regarding the merits of creating a DUI felony. Ms. Cain responded to questions regarding alcohol treatment regimens in Colorado and other states. Discussion followed regarding potentially effective mixes of penalties and treatment for repeat DUI offenses. Representative Kagan clarified the offenses contained in the bill. Discussion turned to the exhaustion of remedies for DUI offenses, and its potential utility for keeping drunk drivers off the road.

04:15 PM -- Ms. Deborah Grenzke, representing herself, testified in support of the bill. Ms. Grenzke recounted her son's involvement in an auto accident with a repeat DUI offender, and the resulting sentence imposed upon the offender. She discussed her subsequent work to help create a felony for repeat DUI offenses in Colorado, and the potential public risk created by not having such a criminal provision in statute.

04:22 PM -- Mr. Ed Linnabary, representing himself, testified in support of House Bill 14-1036. Mr. Linnabary discussed an auto accident in which he was involved with a repeat DUI offender, and read some excerpts from the accident report. Mr. Linnabary discussed the mental state of those who commit repeat DUIs.

04:29 PM -- Mr. Mike Violette, representing the Fraternal Order of Police, testified in support of the bill. Mr. Violette explained that repeat DUI offenders need to receive a punishment that sends a societal message, and noted the likelihood that a person who has been convicted of a DUI will repeat the offense. He discussed the ability of the criminal justice system to steer repeat DUI offenders away from drunk driving. Mr. Violette recounted his experiences with DUI offenders as a law enforcement officer, and discussed the mental state of substance abusers.

04:34 PM -- Mr. Fran Lanzer and Ms. Jen Clouse, representing Mothers Against Drunk Driving, testified in support of House Bill 14-1036. Mr. Lanzer cited statistics on drunk driving arrests, and discussed the benefits of creating a felony DUI penalty. He discussed the population that would be subject to the provisions of the bill, and efforts currently undertaken in Colorado to stem repeat DUI offenses. Discussion ensued regarding the number of times a DUI offender drives drunk before being charged with a DUI.

04:39 PM -- Ms. Christiane Citron, representing herself, testified in support of the bill. Ms. Citron recounted her involvement in an auto accident with a repeat DUI offender, and the resulting sentencing of the offender. She discussed the benefits of creating a DUI felony. Ms. Citron responded to questions regarding the charges levied against the driver who hit her. Discussion ensued regarding the fiscal impact of the bill, and the costs to society of repeat DUI offenses.

04:50 PM

Discussion ensued regarding sentence enhancers for habitual offenses. Discussion returned to the fiscal impact of the bill.

04:53 PM -- Mr. Tom Raynes, representing the Colorado District Attorneys' Council, and Ms. Tamar Wilson, representing the 18th Judicial District, testified in support of the bill. Mr. Raynes discussed the prioritization of repeat DUI offenses as a serious crime, and the intervention process for alcohol abusers. He discussed the merits of creating a repeat DUI felony, and felony sentencing for repeat DUIs in other states. Mr. Raynes outlined the penalties in House Bill 14-1036, and the discretion afforded to courts in sentencing under the bill. Mr. Raynes discussed the fiscal note for the bill. Discussion ensued regarding the bill's fiscal impact. Discussion followed regarding a forthcoming amendment to the bill.

05:03 PM

Mr. Raynes discussed a risk assessment provision in the bill. Ms. Wilson discussed the available penalties for the cases cited during earlier testimony, and treatment options available to substance abusers. Ms. Wilson responded to questions regarding the need for amendment L.003 (Attachment B).

14HseJud0318AttachB.pdf


BILL:	HB14-1036
TIME:	05:10:00 PM
MOVED:	Lee
MOTION:	Adopt amendment L.003 (Attachment B). The motion passed without objection.
SECONDED:	Court
		VOTE
	Buckner
	Court
	Gardner
	Lawrence
	McLachlan
	Murray
	Pettersen
	Salazar
	Waller
	Lee
	Kagan

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

05:10 PM

Representatives Waller and Saine provided closing remarks in support of House Bill 14-1036. Representative Waller discussed the fiscal impact of the bill in terms of the current state budget situation. Discussion ensued regarding the potential for securing a revised fiscal note for the bill, and the potential fiscal impact of the bill.

05:21 PM

Various committee members provided their positions on House Bill 14-1036.


BILL:	HB14-1036
TIME:	05:28:15 PM
MOVED:	Waller
MOTION:	Refer House Bill 14-1036, as amended, to the Committee on Appropriations. 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
	Waller	Yes
	Lee	Yes
	Kagan	Yes

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

05:29 PM

The committee adjourned.