House Committee on Judiciary (04/08/2014)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:	04/08/2014	ATTENDANCE

Time:	01:36 PM to 05:12 PM	Buckner	*
		Court	*
Place:	HCR 0112	Gardner	X
		Lawrence	X
This Meeting was called to order by		McLachlan	X
	Representative Kagan	Murray	X
		Pettersen	*
This Report was prepared by		Salazar	*
	Bo Pogue	Waller	X
		Lee	X
		Kagan	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB14-163 HB14-1324 HB14-1322		Referred to the Committee of the Whole Witness Testimony and/or Committee Discussion Only Amended, Referred to the Committee of the Whole

01:38 PM -- SB14-163

The committee was called to order. A quorum was present. Representative Lee, prime sponsor, presented Senate Bill 14-163, concerning clarifying changes to provisions related to the sentencing of persons convicted of drug crimes. Representative Lee explained the effect of the bill. Representative Lee responded to questions regarding the issues addressed by the bill. The following persons testified regarding the bill:

01:41 PM -- Mr. Arnold Hanuman, representing the Colorado District Attorneys' Council, and Ms. Maureen Cain, representing the Colorado Criminal Defense Bar, testified in support of the bill. Mr. Hanuman provided background on Senate Bill 13-250, and discussed the need to make improvements to that legislation through Senate Bill 14-163. Mr. Hanuman noted that the bill is technical in nature, and Ms. Cain explained the effect of specific provisions in the bill. Mr. Hanuman noted provisions in the bill concerning crime attempts and the resulting sentencing ranges.

01:45 PM

No amendments were offered to Senate Bill 14-163.


BILL:	SB14-163
TIME:	01:46:03 PM
MOVED:	Lee
MOTION:	Refer Senate Bill 14-163 to the Committee of the Whole. The motion passed on a vote of 10-0.
SECONDED:	Court
		VOTE
	Buckner	Yes
	Court	Yes
	Gardner	Yes
	Lawrence	Yes
	McLachlan	Yes
	Murray	Yes
	Pettersen	Yes
	Salazar	Absent
	Waller	Yes
	Lee	Yes
	Kagan	Yes

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

01:47 PM -- HB14-1324

Representatives Pettersen and Foote, prime sponsors, presented House Bill 14-1324, concerning damages that result from a civil cause of action for unlawful termination of a pregnancy caused by at least reckless conduct. Representative Pettersen discussed the efforts undertaken to craft the legislation, and explained the bill's effect. Representative Foote provided further information on the effect of the bill, as well as the effect of a forthcoming amendment. Discussion ensued regarding the effect of the bill on personhood status for a fetus, and coverage of a certain fact pattern by current wrongful death law.

01:58 PM

Discussion continued regarding the effect of House Bill 14-1324 on the status of personhood for a fetus, and the potential for a born-alive child to be covered by wrongful death law under the bill. Discussion ensued regarding the potential for amending provisions in the bill defining "person." Discussion followed regarding the effect of the so-called personhood ballot initiative, and the potential for section 2 in the bill to operate independently of section 3.

02:11 PM

Discussion continued regarding the potential for section 2 of House Bill 14-1324 to operate independently of section 3. Discussion ensued regarding civil remedies currently available in law for recovery based on a fetus dying in utero, and case law that has covered these issues. Discussion returned to the lack of recognition of personhood for a baby injured in utero who later dies after being born. Discussion followed regarding section 3 of the bill fitting under the title of the bill.

02:24 PM

Discussion continued regarding the nexus between section 3 of the bill and the bill's title.

02:28 PM

The following persons testified regarding House Bill 14-1324:

02:28 PM -- Ms. Jenny Kraska, representing the Colorado Catholic Conference, testified in opposition to the bill. Ms. Kraska discussed the definition of the term "person" in the bill for purposes of wrongful death, and the effect of this provision on the ability to recover for a wrongful death when a baby is injured in utero and later dies after being born. Ms. Kraska responded to questions regarding wrongful death laws in other states. Discussion ensued regarding remedies available in Colorado law for recovery based on a born-alive child who dies from injuries incurred in utero. Discussion followed regarding the creation of a cause of action for the unlawful termination of pregnancy under the bill under certain circumstances while excluding negligence.

02:43 PM

Discussion continued regarding the exclusion of negligence from the causes of action for which an unlawful termination of pregnancy case may be brought.

02:45 PM -- Mr. Michael Norton, representing the Alliance Defending Freedom, testified in opposition to House Bill 14-1324. Committee members received copies of Mr. Norton's testimony (Attachment A), which Mr. Norton read to the committee. Mr. Norton also provided additional commentary while reading the testimony. Discussion ensued regarding Mr. Norton's comments concerning the potential effect of the bill on the ability of plaintiffs to recover for the negligent acts of a doctor.

14HseJud0408AttachA.pdf

02:56 PM

Discussion ensued regarding the inclusion of substance abuse by a pregnant mother that results in a positive test for drugs at the birth of the child under the definition of "child abuse or neglect."

02:58 PM -- Mr. Gualberto Garcia Jones, representing Speak Out for Life, testified in opposition to House Bill 14-1324. Mr. Jones discussed the exclusion of women who have lost children due to certain acts from the stakeholder process that resulted in the bill's creation. Mr. Jones discussed the denial of personhood by the bill under certain circumstances, and registered objection to specific language in the legislative declaration in House Bill 14-1324.

03:04 PM -- Ms. Nancy Higgs, representing herself, testified in opposition to the bill. Ms. Higgs discussed the loss of unborn children by mothers, and the resulting effects of this loss. She recounted the loss of her unborn child, and discussed the characterization of the unborn by the bill. She urged the committee to include unborn children within the scope of unlawful death in the bill.

03:09 PM -- Mr. Matthew Niedzielski, representing Pikes Peak Citizens for Life, testified in opposition to House Bill 14-1324. Mr. Niedzielski discussed the changing of the definition of person by the bill, and recounted historical instances where the humanity of certain classes of people was denied.

03:13 PM -- Mr. Drew Hymer, representing himself, testified in opposition to the bill. Mr. Hymer addressed earlier discussion about the exclusion of negligence as a cause of action under the bill, and discussed certain exceptions for liability in the bill. He suggested removing section 13-21-1205, C.R.S., as contained in the bill.

03:15 PM -- Mr. Kevin Paul, representing Planned Parenthood, testified in support of House Bill 14-1324. Mr. Paul praised the narrow tailoring of the bill, and supported the denial of personhood for a fetus by the bill. Mr. Paul also spoke in favor of a provision in the bill that shields a mother from liability. Mr. Paul addressed certain questions raised during earlier discussion, and commented on certain statements made by Mr. Norton during his testimony.

03:25 PM

Mr. Paul addressed discussion entertained earlier about the potential effect of the bill on the pursuit of medical negligence claims. Mr. Paul responded to questions regarding existing remedies for wrongful termination of a pregnancy, and the exclusion of negligence as a claims basis by the bill. Discussion ensued regarding the need for the definition of person in the bill. Discussion returned to negligence as a cause of action, and the need to include section 3 in the bill for the bill to work.

03:39 PM

Discussion continued regarding the necessity of including section 3 in House Bill 14-1324, and the potential for amending the bill to remove the personhood issue. Discussion ensued regarding the scope of the definition of person in section 3 of the bill. Discussion again returned to the potential for amending the definition of person in the bill.

03:51 PM

Discussion continued regarding the potential for amending House Bill 14-1324 to address the personhood issue. Mr. Paul responded to questions regarding the potential for a civil cause of action to go forward in Colorado for actions similar to those undertaken by Dr. Kermit Gosnell in Philadelphia if the bill were to pass.

04:02 PM

Mr. Paul responded to questions regarding the potential for Planned Parenthood to agree to a definition of personhood for any state prior to birth. Representative McLachlan asked why the exceptions to liability included in the bill are necessary. Conversation between Mr. Paul and Representative McLachlan continued, with Representative McLachlan expressing possible concerns that the exemptions are overly broad.

04:11 PM -- Ms. Melanie Brooks, representing the Colorado Women's Bar Association, testified in support of House Bill 14-1324. Ms. Brooks noted specific provisions in the bill with which her organization agrees, and noted the damages that may be recovered under the bill for the unlawful termination of a pregnancy. Ms. Brooks responded to questions regarding recovery for loss of companionship under the bill. Discussion ensued regarding the legal definition of person.

04:21 PM

The bill was laid over for action at a later date.

04:23 PM -- HB14-1322

Representative McLachlan, prime sponsor, presented House Bill 14-1322, concerning the Colorado Probate Code. Representative McLachlan explained his reasons for bringing the bill forward. The following persons testified regarding House Bill 14-1322:

04:28 PM -- Mr. Aaron Evans, representing the Trust and Estate Section of the Colorado Bar Association, testified in support of the bill. Committee members received a fact sheet supporting the bill, drafted by the Colorado Bar Association (Attachment B). Mr. Evans discussed the effect of certain provisions of the bill. Mr. Evans provided an example of the practical effect of a provision in the bill concerning nonademption of specified devises. Mr. Evans continued discussing the effect of certain provisions in the bill, as outlined in Attachment B. Mr. Evans responded to questions regarding the shifting of the burden of proof under section 2 of the bill.

14HseJud0408AttachB.pdf

04:35 PM -- Ms. Laurie Hunter, representing the Trust and Estate Section of the Colorado Bar Association, testified in support of the bill. Ms. Hunter explained the effect of section 1 of the bill concerning the elective share of a surviving spouse, and provided background on the issue. Ms. Hunter also discussed the effect of prepared amendment L.005 (Attachment C). Ms. Hunter responded to questions regarding the inclusion of life insurance proceeds within the augmented estate under state law. Ms. Hunter noted the disposition of independent retirement accounts under section 1 of the bill.

14HseJud0408AttachC.pdf

04:48 PM

Ms. Hunter responded to questions regarding the bill's effect on certain computations for an augmented estate. Ms. Hunter explained the effect of prepared amendment L.004 (Attachment D).

14HseJud0408AttachD.pdf

04:52 PM -- Ms. Bette Heller, representing the Trust and Estate Section of the Colorado Bar Association, testified in support of the bill. Ms. Heller outlined the effect of sections 5, 6, and 10 of the bill, and explained the need for these sections.

05:06 PM -- Mr. Richard Seymour, representing the National Association of Insurance and Financial Advisors, testified in support of the bill. Mr. Seymour praised the stakeholder process that led to the introduction of the bill, and spoke in support of prepared amendment L.001 (Attachment E).

14HseJud0408AttachE.pdf


BILL:	HB14-1322
TIME:	05:07:48 PM
MOVED:	McLachlan
MOTION:	Adopt amendment L.001 (Attachment E). 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


BILL:	HB14-1322
TIME:	05:08:27 PM
MOVED:	McLachlan
MOTION:	Adopt amendment L.004 (Attachment D). The motion passed without objection.
SECONDED:	Salazar
		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

05:09 PM

Discussion ensued regarding the legal rate of interest in Colorado.


BILL:	HB14-1322
TIME:	05:09:13 PM
MOVED:	McLachlan
MOTION:	Adopt amendment L.005 (Attachment C). The motion passed without objection.
SECONDED:	Lee
		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

Representative McLachlan provided closing remarks in support of House Bill 14-1322.


BILL:	HB14-1322
TIME:	05:11:22 PM
MOVED:	McLachlan
MOTION:	Refer House Bill 14-1322, as amended, to the Committee of the Whole. The motion passed on a vote of 10-0.
SECONDED:	Court
		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

05:12 PM

The committee adjourned.