House Committee on Judiciary (03/25/2014)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:	03/25/2014	ATTENDANCE

Time:	01:43 PM to 07:20 PM	Buckner	X
		Court	X
Place:	HCR 0112	Gardner	X
		Lawrence	*
This Meeting was called to order by		McLachlan	*
	Representative Kagan	Murray	*
		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:
HB14-1302 HB14-1158 SB14-123		Amended, Referred to the Committee of the Whole Amended, Referred to Appropriations Referred to Finance

01:43 PM -- HB14-1302

The committee was called to order. A quorum was present. Representative Buckner, prime sponsor, presented House Bill 14-1302, concerning the addition of a judgment against a debtor or transferee who acts with actual intent as an available remedy for a creditor in a fraudulent transfer action. Representative Buckner provided background on the fraudulent movement of assets, and explained the effect of the bill. Representative Buckner also explained the effect of prepared amendment L.001 (Attachment A). Representative Buckner deferred further questions about the amendment to testimony.

14HseJud0325AttachA.pdf

01:49 PM

The following persons testified regarding House Bill 14-1302:

01:52 PM -- Mr. Ross Pulkrabek, representing the Colorado Trial Lawyers' Association, and Mr. Bruce Mohrlang, representing himself, testified in support of the bill. Mr. Mohrlang explained how his family had been defrauded through the sale of the family business.

01:53 PM -- Mr. Jim Perry, representing himself, testified in support of the bill. Mr. Perry explained how employees of his business stole money from the business and then transferred the stolen funds to avoid repayment. Mr. Perry also discussed remedies available to the victims in such situations.

01:57 PM -- Mr. Alan Friedberg, representing himself as an attorney who handles debt cases, testified in support of House Bill 14-1302. He spoke in support of creating penalties for fraudulent transfer actions, and related a story about one of his clients who was defrauded, with the proceeds being protected through fraudulent transfers. He discussed the litigation burdens that creditors face in such cases. Mr. Friedberg responded to questions regarding the resources expended in the case he discussed. Mr. Friedberg clarified the effect of amendment L.001. Mr. Pulkrabek returned to provide additional clarification on the amendment. Mr. Pulkrabek responded to questions regarding the intent element in amendment L.001, and the purpose of the last sentence in the amendment.

02:08 PM

Discussion continued regarding the effect of amendment L.001. Mr. Pulkrabek provided an example of a fraudulent transfer in anticipation of a judgment under the bill, and the penalties that would be levied under the bill. Discussion followed regarding the ability to determine the value of subject assets under amendment L.001, and the requirement of insolvency of the debtor for the provisions of the bill to apply. Mr. Pulkrabek responded to questions regarding the penalties that would apply to a transferee receiving assets under fraudulent circumstances under the bill.

02:19 PM

Discussion ensued regarding the ability of creditors to recover attorney fees or punitive damages through a judgment under House Bill 14-1302. Discussion returned to the effect of the last sentence of amendment L.001.

02:22 PM -- Mr. Alan Greenberg, representing the Colorado Creditors' Bar Association, testified in support of the bill. Mr. Greenberg discussed the population that would be affected by the bill and amendment L.001, and the balance struck by the bill. Mr. Greenberg responded to questions regarding the admonitory effect of amendment L.001.

02:27 PM -- Mr. Gary Schwartz, an accountant with the firm Betzer, Call, Lausten, and Schwartz representing the Colorado Chapter of the Association of Certified Fraud Examiners, testified in support of House Bill 14-1302. He discussed the need to create deterrents to fraudulent transfers to avoid creditor judgments. Mr. Schwartz responded to questions regarding the potential deterrent effect of the bill.

02:29 PM -- Mr. Jeff Ruebel, representing the Civil Justice League and the Colorado Defense Lawyers' Association, testified on the bill from a neutral position. He explained that amendment L.001 brings his organization to a neutral position on the bill, and discussed objections that the organization originally had with the bill. He discussed the merits of amendment L.001. Mr. Ruebel discussed the stakeholder process that resulted in the drafting of amendment L.001. Mr. Ruebel clarified the position of his organization on the bill, as amended.

02:36 PM


BILL:	HB14-1302
TIME:	02:36:13 PM
MOVED:	Buckner
MOTION:	Adopt amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:	Court
		VOTE
	Buckner
	Court
	Gardner
	Lawrence
	McLachlan
	Murray	Excused
	Pettersen
	Salazar
	Waller
	Lee
	Kagan

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

02:37 PM

Representative Buckner provided closing remarks in support of House Bill 14-1302.


BILL:	HB14-1302
TIME:	02:37:50 PM
MOVED:	Buckner
MOTION:	Refer House Bill 14-1302, as amended, to the Committee of the Whole. The motion passed on a vote of 10-0.
SECONDED:	Salazar
		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

02:38 PM

The committee recessed.

02:44 PM -- HB14-1158

The committee returned to order. Representative Lawrence, prime sponsor, presented House Bill 14-1158, concerning the sentence for persons convicted of certain vehicular offenses. Representative Lawrence discussed her reasons for sponsoring the legislation, and explained the effect of the bill. Representative Lawrence discussed the potential for the legalization of recreational marijuana in Colorado to impact trends in driving under the influence (DUI). She also discussed the overall DUI trends in the state. Representative Lawrence cited statistics on vehicular homicide and vehicular assault involving persons driving under the influence, and the resulting criminal sentences. Representative Lawrence discussed the effect of prepared amendment L.001 (Attachment B). Discussion ensued regarding the rate at which vehicular homicide and vehicular assault results in prison time, as compared to probation, under current law.

14HseJud0325AttachB.pdf

02:55 PM

The following persons testified regarding House Bill 14-1158:

02:55 PM -- Ms. Maureen Cain, representing the Colorado Criminal Defense Bar, testified in opposition to the bill. Ms. Cain discussed mandatory sentencing, and the need for courts to have discretion in sentencing. Ms. Cain recounted instances where the families of victims of vehicular homicide involving DUI have argued against the resulting sentences. Ms. Cain argued against creating mandatory sentences by committee, and discussed an imbalance created by amendment L.001. Ms. Cain discussed the variety of sentences handed down in cases of vehicular homicide and vehicular assault involving DUI, and cited additional statistics on such sentences.

03:08 PM

Ms. Cain discussed the work that still needs to be done on the issue of mandatory sentences for vehicular assault and homicide with DUI. Ms. Cain responded to questions regarding instances in which minor injuries result in vehicular assault charges, and the amount of discretion afforded to district attorneys and defense attorneys in vehicular assault sentencing under the bill. Discussion ensued regarding the efficacy of mandatory minimum sentencing, and the position of the Colorado Commission on Criminal and Juvenile Justice (CCJJ) on House Bill 14-1158. Ms. Cain responded to questions regarding the appropriateness of creating mandatory minimum sentences for particular crimes. Ms. Cain responded to further questions regarding the ability to plea bargain around mandatory minimum sentences, and the likelihood that crimes with mandatory minimum sentences will result in a trial.

03:20 PM

Ms. Cain responded to questions regarding her position on amendment L.004 (Attachment C), which would refer the mandatory minimum sentence for vehicular assault and homicide with DUI issue to the CCJJ. Ms. Cain responded to further questions about the make-up of the CCJJ. Discussion ensued regarding how the CCJJ would address the issue under the amendment. Discussion followed regarding the work of the CCJJ in recent years, and the processes observed by the commission.

14HseJud0325AttachC.pdf

03:31 PM

Discussion continued regarding the work undertaken by the CCJJ in recent years, and the propriety of addressing certain issues in the legislature rather than referring them to the CCJJ.

03:34 PM -- Ms. Alma Sanchez, representing her family, testified in support of the bill. Ms. Sanchez discussed the circumstances under which her nephew died as the result of an auto accident involving DUI, and addressed concerns raised about the bill during previous testimony. She discussed the potential deterrent effect of creating the mandatory minimum sentence under House Bill 14-1158.

03:40 PM -- Ms. Tina Bitner, representing Officer Jeremy Bitner, testified in support of the bill. Ms. Bitner recounted the circumstances under which her husband was struck by a motorist driving under the influence, and the resulting impact on her family. She discussed the sentence imposed on the driver in the case, and spoke to the merits of creating a mandatory minimum sentence for vehicular assault and vehicular homicide with DUI. Ms. Bitner responded to questions regarding the sentence imposed in her husband's case.

03:50 PM -- Chief John Collins, representing the Colorado Association of Chiefs of Police and Englewood Police Department, testified in support of House Bill 14-1158. Chief Collins discussed the impact of the loss of Officer Bitner on his department, and urged passage of the bill. Chief Collins responded to questions regarding the position of the Colorado Association of Chiefs of Police on amendment L.001.

03:54 PM -- Ms. Sterling Harris, representing the Colorado Organization for Victim Assistance, testified in support of the bill. She discussed the plight of the families of victims impacted by vehicular assault and vehicular homicide. Ms. Harris responded to questions regarding her organization's position on forwarding the mandatory minimum issue to CCJJ.

03:57 PM -- Mr. George Brauchler and Ms. Tamar Wilson, representing the 18th Judicial District, testified in support of the bill. Mr. Brauchler discussed the impact of vehicular assault and homicide with DUI on the community, and the need to act on the issue quickly. Mr. Brauchler discussed the potential impact of legalizing recreational marijuana on impaired driving trends, and the deterrent effect that creating a mandatory minimum sentence for the listed crimes may have on DUI. Mr. Brauchler addressed concerns raised that creating a mandatory minimum sentence for the listed crimes will lead to abuse by prosecutors, and weighed in on the potential for forwarding the issue to the CCJJ. Mr. Brauchler discussed the fiscal impact of the bill, and the importance of punishing vehicular homicide resulting from DUI.

04:08 PM

Discussion ensued regarding the potential impact of referring the issue to CCJJ. Mr. Brauchler responded to questions regarding the balance of sentencing discretion between district attorneys and the court, and the accountability of these two bodies. Mr. Brauchler responded to further questions regarding the removal of local probation departments from the sentencing process under the bill, and potential benefits of further exploring vehicular assault and homicide with DUI through the CCJJ process. Mr. Brauchler responded to further questions regarding the potential deterrent effect of the bill on DUI.

04:21 PM

Mr. Brauchler responded to questions regarding the fact that the penalties in House Bill 14-1158 would apply to first-time offenders. Discussion ensued on this point. Ms. Wilson explained the effect of prepared amendments L.002 (Attachment D) and L.003 (Attachment E). Representative Lawrence responded to questions regarding which amendments would be offered to the bill. Mr. Brauchler noted that the Colorado Association of Chiefs of Police supports the bill.

14HseJud0325AttachD.pdf

14HseJud0325AttachE.pdf

04:28 PM -- Mr. Tom Raynes, representing the Colorado District Attorneys' Council, testified in support of House Bill 14-1158. Mr. Raynes addressed a question raised earlier about creating different sentences for vehicular assault and homicide with DUI as compared to such crimes in the absence of DUI. Mr. Raynes discussed the purposes of criminal sentencing, and the purpose of strengthening sentences under the bill. Mr. Raynes addressed charges that prosecutors may overuse the sentencing mandated by the bill. Mr. Raynes responded to questions regarding the ability of prosecutors to request leniency of the court in sentencing under amendment L.003.

04:42 PM

Discussion continued regarding the prosecutorial power for recommending leniency in a case under amendment L.003. Mr. Raynes responded to questions regarding prosecutorial discretion from the charging phase of a criminal case forward, and the percentage of vehicular homicide cases that are fully adjudicated.

04:50 PM -- Ms. Gail Parrish, representing her family, testified in support of the bill. Ms. Parrish recounted the circumstances under which her daughter died as a result of an auto accident involving DUI, and discussed the sentence imposed upon the assailant. She also discussed the impact of such events on the families of the victim, and the experiences of the family during the sentencing phase of such a case. Ms. Parrish discussed mandatory minimum sentences, and the potential for probation to be the sentence in vehicular homicide cases. Discussion ensued regarding the duties of local probation departments.

05:01 PM -- Ms. Jennifer Clouse, representing Mothers Against Drunk Driving, testified in support of the bill. Ms. Clouse discussed the rate of auto accident death involving alcohol or drugs in Colorado, and recounted a specific instance of an auto accident involving DUI that resulted in death. Ms. Clouse also discussed the sentence imposed on the driver who caused the accident in that case.

05:11 PM

Ms. Clouse discussed problems in sentencing for vehicular homicide involving DUI, and outlined the sentencing process that typically takes place in these cases. Ms. Clouse discussed the culpability of the offenders in DUI vehicular homicide cases.

05:15 PM -- Ms. Cynthia Albo, representing herself, testified in support of the bill. Ms. Albo recounted an auto accident in which her son and a friend were struck by a drunk driver, and the resulting sentencing. Ms. Albo spoke in support of imposing a jail sentence on those involved in DUI-related vehicular homicide and assault cases.

05:20 PM

Representative Lawrence moved to refer House Bill 14-1158 to the Committee of the Whole under Article V, Section 20 of the Colorado Constitution, commonly referred to as a supermotion. Discussion ensued regarding the motion, and the debateability of the motion.

05:27 PM

The committee recessed.

05:47 PM

The committee returned to order. Discussion ensued regarding the merits and effect of the motion, as well as the merits of the bill.

05:59 PM

Discussion continued regarding the merits of the supermotion.


BILL:	HB14-1158
TIME:	05:21:12 PM
MOVED:	Lawrence
MOTION:	Refer House Bill 14-1158 to the Committee of the Whole. The motion failed on a vote of 4-7.
SECONDED:	Gardner
		VOTE
	Buckner	No
	Court	No
	Gardner	Yes
	Lawrence	Yes
	McLachlan	No
	Murray	Yes
	Pettersen	No
	Salazar	No
	Waller	Yes
	Lee	No
	Kagan	No

YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL

06:02 PM

Representative Lawrence explained the effect of prepared amendment L.002. Discussion ensued regarding the need to first consider amendment L.003, since amendment L.002 is conditional upon its passage.


BILL:	HB14-1158
TIME:	06:03:20 PM
MOVED:	Lawrence
MOTION:	Adopt amendment L.002 (Attachment D). The motion was withdrawn.
SECONDED:	Waller
		VOTE
	Buckner
	Court
	Gardner
	Lawrence
	McLachlan
	Murray
	Pettersen
	Salazar
	Waller
	Lee
	Kagan

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

06:06 PM

Ms. Brita Darling, Office of Legislative Legal Services, provided clarification regarding the effect of amendment L.003. Discussion ensued regarding a provision in the amendment that grants discretionary powers to district attorneys.


BILL:	HB14-1158
TIME:	06:06:29 PM
MOVED:	Lawrence
MOTION:	Adopt amendment L.003 (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

06:10 PM

Representative Kagan explained the effect of prepared amendment L.005 (Attachment F). Discussion ensued regarding the merits of the amendment.

14HseJud0325AttachF.pdf


BILL:	HB14-1158
TIME:	06:10:34 PM
MOVED:	Kagan
MOTION:	Adopt amendment L.005 (Attachment F) to amendment L.003. The motion passed on a vote of 7-4.
SECONDED:	Salazar
		VOTE
	Buckner	Yes
	Court	Yes
	Gardner	Yes
	Lawrence	No
	McLachlan	No
	Murray	No
	Pettersen	Yes
	Salazar	Yes
	Waller	Yes
	Lee	No
	Kagan	Yes

YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB14-1158
TIME:	06:22:05 PM
MOVED:	Lawrence
MOTION:	Adopt amendment L.002 (Attachment D). 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

06:23 PM

Representative Lawrence provided closing remarks in support of House Bill 14-1158.


BILL:	HB14-1158
TIME:	06:23:54 PM
MOVED:	Lawrence
MOTION:	Refer House Bill 14-1158, as amended, to the Committee on Appropriations. 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
	Waller	Yes
	Lee	Yes
	Kagan	Yes

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

06:24 PM -- SB14-123

Representative Kagan, prime sponsor, presented Senate Bill 14-123, concerning the authority of the Peace Officer and Standards Training Board (P.O.S.T. Board), and, in connection therewith, providing additional rule-making authority; raising the maximum fee for certification and skills exams; allowing awarding grants to nonprofit organizations; and denying certification for municipal violations. Representative Kagan explained the effect of the bill, and discussed the need for the legislation. Representative Kagan discussed the source of funding for the training requirement contained in the bill. Representative Kagan responded to questions regarding the fee increases contained in the bill, and the cost to police officers for the training mandates. Discussion ensued regarding the fiscal impact of the bill, and the potential for covering the costs associated with the bill from the General Fund.

06:39 PM

Discussion continued regarding the vehicle registration fee increases contained in the bill, and the fiscal impact of the bill.

06:41 PM

The following persons testified regarding Senate Bill 14-123:

06:41 PM -- Mr. Pete Dunbar, Director of the P.O.S.T. Board, testified in support of the bill. Mr. Dunbar provided background on officer training in Colorado, and discussed the rate at which officer training is required in jurisdictions in the state. He discussed the merits of requiring a minimum of annual training for police officers, and the fee increase for the officers subject to the training. Representative McLachlan discussed the merits of the bill. Mr. Dunbar responded to questions regarding the level and frequency of required training under the bill, and the potential for the P.O.S.T. Board to recognize existing periodic training programs currently conducted at the local level as sufficient for satisfying the training requirement to be established under the bill.

06:47 PM -- Chief John Jackson, representing the Colorado Association of Chiefs of Police and the County Sheriffs of Colorado, testified in support of Senate Bill 14-123. Chief Jackson discussed the benefits of establishing a required training regimen for police officers, and noted that Colorado is one of six states that do not mandate ongoing training for police officers. Chief Jackson clarified certain provisions in the bill, and discussed the fee increases imposed by the bill. He discussed a similar training requirement instituted in Kansas when he was a police officer there, and training requirements currently in place in certain Colorado jurisdictions. Chief Jackson noted that 20 percent of officers in Colorado receive no continuing training. Discussion ensued regarding the source of funds for the training regimen established under the bill.

06:57 PM -- Ms. Nancy Lewis, representing the Colorado Organization for Victim Assistance, testified in support of the bill. Ms. Lewis discussed the need to require ongoing training for police officers in all of Colorado's jurisdictions, and changes to criminal law over the years, which affect the ability of police officers to effectively do their jobs. Ms. Lewis discussed the source of funding for the training regimen established under the bill.

07:00 PM -- Mr. Dave Hall, representing the Colorado State Patrol, testified in support of Senate Bill 14-123. Mr. Hall discussed the annual training required of state patrol officers, and the benefits of the training.

07:02 PM

Representative Waller explained the effect of prepared amendment L.004 (Attachment G). Discussion ensued regarding the potential for funding the training required by Senate Bill 14-123 from the General Fund, and the propriety of doing so.

14HseJud0325AttachG.pdf


BILL:	SB14-123
TIME:	07:02:35 PM
MOVED:	Waller
MOTION:	Adopt amendment L.004 (Attachment G). The motion failed on a vote of 4-7.
SECONDED:	Gardner
		VOTE
	Buckner	No
	Court	No
	Gardner	Yes
	Lawrence	Yes
	McLachlan	No
	Murray	Yes
	Pettersen	No
	Salazar	No
	Waller	Yes
	Lee	No
	Kagan	No

YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL

07:12 PM

Representative Kagan provided closing remarks in support of Senate Bill 14-123. Representative Salazar provided examples of mistaken shootings by police officers, which may be mitigated by ongoing training of police officers. Representative Salazar cited studies to this effect. Various committee members discussed their positions on the bill.


BILL:	SB14-123
TIME:	07:19:29 PM
MOVED:	Kagan
MOTION:	Refer Senate Bill 14-123 to the Committee on Finance. The motion passed on a vote of 8-3.
SECONDED:	Court
		VOTE
	Buckner	Yes
	Court	Yes
	Gardner	No
	Lawrence	No
	McLachlan	Yes
	Murray	Yes
	Pettersen	Yes
	Salazar	Yes
	Waller	No
	Lee	Yes
	Kagan	Yes

Final YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

07:20 PM

The committee adjourned.