House Committee on Judiciary (02/25/2014)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:	02/25/2014	ATTENDANCE

Time:	01:35 PM to 02:41 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:
HB14-1171 HB14-1061		Referred to the Committee of the Whole Amended, Referred to Appropriations

01:36 PM -- HB14-1171

Representative McNulty, prime sponsor, presented House Bill 14-1171, concerning rules on forensic medical evidence in sexual assault cases. Representative McNulty explained the effect of the bill. The following persons testified regarding House Bill 14-1171:

01:37 PM -- Mr. Ron Sloan, Director of the Colorado Bureau of Investigation within the Department of Public Safety, testified in support of the bill. Mr. Sloan explained that the bill is technical in nature, and provided further explanation about the bill's effect.

01:39 PM

No amendments were offered to the bill.


BILL:	HB14-1171
TIME:	01:39:40 PM
MOVED:	Waller
MOTION:	Refer House Bill 14-1171 to the Committee of the Whole. 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

01:40 PM -- HB14-1061

Representative Salazar, prime sponsor, presented House Bill 14-1061, concerning sentences imposing monetary payments in criminal actions, and, in connection therewith, eliminating prison sentences for persons who are unable to pay criminal monetary penalties. Representative Salazar provided background on the history of imprisonment for the failure to pay debts, and explained the need for the bill. Representative Salazar explained the effect of amendment L.012 (Attachment A), a strike-below amendment, and discussed the parties involved in crafting the amendment. Discussion ensued regarding the fiscal impact of the amendment. Representative Salazar responded to questions regarding the inclusion of restitution remedies in amendment L.012. Representative Waller expressed concerns about the recovery of restitution under the bill. Discussion ensued regarding the restitution element. Representative Salazar responded to questions regarding a potential unintended consequence that may result if the bill were to pass.

14HseJud0225AttachA (2).pdf

01:54 PM

The following persons testified regarding House Bill 14-1061:

01:54 PM -- Ms. Meghan Storrie, representing the Colorado Municipal League, testified regarding the bill. She clarified that her organization is neutral on the bill if amendment L.012 is adopted. Discussion ensued regarding the crafting of amendment L.012 using stakeholder input.

01:56 PM -- Ms. Carol Haller, representing the Judicial Branch, testified on the bill from a neutral position. Ms. Haller discussed a potential constitutional issue in current law pertaining to fine collection by the courts, and explained how amendment L.012 addresses this issue. Ms. Haller described the options available to a court if a person refuses to pay a fine, and addressed questions raised for the bill sponsor. Ms. Haller reiterated her position on the elimination of a potential constitutional issue by amendment L.012.

02:05 PM -- Mr. Doug Wells, representing himself, testified regarding House Bill 14-1061. Mr. Wells explained that he feels the bill is well-intended but ill-conceived, in that it removes tools that courts may use in working with defendants, which may result in increased jail sentences. Mr. Wells explained that the bill may increase burdens on the court system. Representative Salazar addressed Mr. Wells' comments about the bill's impact on the court system's workload.

02:10 PM -- Ms. Linda Roberts, representing herself, testified in support of the bill. Ms. Roberts explained her indigent circumstances, and discussed events associated with her appearance in court on a theft charge, which resulted in fines and jail time. Ms. Roberts responded to questions regarding the discharge of her debt to the court as a result of the jail time.

02:15 PM -- Mr. Jared Thornburg, representing himself, testified in support of the bill. Mr. Thornburg explained that he faced jail time based on a fine associated with a traffic ticket. He also discussed the events that led to his inability to pay the fine, and the impact of the jail time on his employment prospects. He explained that he would have been able to pay the fine had he not been sent to jail.

02:18 PM -- Sheriff Doug Darr, representing the County Sheriffs of Colorado, testified in support of the bill. Sheriff Darr discussed the impact of a down economy on the ability of individuals to pay fines, which has resulted in numerous jail sentences for the nonpayment of the fines and the associated loss of employment. Sheriff Darr explained that the bill will improve the ability of courts to collect fines, and will reduce the jail population. Sheriff Darr responded to questions regarding the number of those sentenced to jail for inability to pay fines who are violent, and the potential impact of the bill on the rate at which court fines are paid. Discussion ensued regarding the alternatives available to courts for addressing the nonpayment of fines. Sheriff Darr responded to questions regarding the per-diem costs to his county for incarcerating a person.

02:27 PM -- Ms. Denise Maes and Mr. Mark Silverstein, representing the American Civil Liberties Union, testified in support of House Bill 14-1061. Ms. Maes explained that jailing a person for the inability to pay fines runs contrary to law, including the U.S. Constitution, but it is still taking place in Colorado. Ms. Maes discussed the rate at which people are jailed for the inability to pay fines in Colorado, and explained that fine payment increased in Denver when the practice of jailing for nonpayment of fines was eliminated. Ms. Maes explained that jailing people for the inability to pay fines is both unjust and fiscally unsound. Ms. Maes responded to questions regarding research performed by her organization on the use of jail time for failure to pay fines.

02:35 PM

Representative Salazar recapped the effect of amendment L.012. Discussion returned to the fiscal impact of the amendment. Various committee members weighed in on the merits of the bill.


BILL:	HB14-1061
TIME:	02:35:33 PM
MOVED:	Salazar
MOTION:	Adopt amendment L.012 (Attachment A). 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

02:37 PM

Representative Salazar provided closing remarks in support of House Bill 14-1061, as amended. Various committee members weighed in on the merits of the bill.


BILL:	HB14-1061
TIME:	02:38:03 PM
MOVED:	Salazar
MOTION:	Refer House Bill 14-1061, as amended, to the Committee on Appropriations. The motion passed on a vote of 11-0.
SECONDED:	Kagan
		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

02:41 PM

The committee adjourned.