House Committee on Judiciary (03/17/2015)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:	03/17/2015	ATTENDANCE

Time:	01:33 PM to 03:21 PM	Buckner	X
		Carver	X
Place:	HCR 0112	Court	X
		Dore	*
This Meeting was called to order by		Foote	X
	Representative Kagan	Lawrence	X
		Lundeen	X
This Report was prepared by		Pettersen	X
	Bo Pogue	Salazar	*
		Van Winkle	X
		Willett	X
		Lee	X
		Kagan	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB15-1218 SB15-005 SB15-126 SB15-099		Amended, Referred to the Committee of the Whole Referred to the Committee of the Whole Referred to the Committee of the Whole Referred to the Committee of the Whole

01:35 PM -- HB15-1218

The committee was called to order. A quorum was present. Representative Fields, prime sponsor, presented House Bill 15-1218, concerning the right of parties in a class 1 felony case to refuse contact with defense-initiated victim outreach specialists (DIVOs). Representative Fields provided background on DIVOs, and discussed the need for the legislation.

01:39 PM

The committee recessed.

01:40 PM

The committee returned to order. Committee members received a newspaper editorial about DIVOs (Attachment A). Discussion ensued regarding prepared amendments L.008 (Attachment B) and L.006 (Attachment C). The following persons testified regarding HB 15-1218:

15HouseJud0317AttachA.pdf

15HouseJud0317AttachB.pdf

15HouseJud0317AttachC.pdf

01:44 PM -- Ms. Nancy Lewis, representing the Colorado Organization for Victim Assistance, testified in support of the bill. Ms. Lewis discussed the harm caused by victims being approached by DIVOs. Ms. Lewis responded to questions regarding complaints lodged by victims against DIVOs, and the need for the legislation. Discussion ensued regarding how the various parties associated with a criminal case identify themselves to victims and others.

01:49 PM -- Mr. Robert Autobee, representing himself, testified in opposition to the bill. Mr. Autobee discussed his experiences as the father of a murder victim, and his subsequent encounter with a DIVO. Mr. Autobee discussed his conversion to an opponent of the death penalty, and the seeking of death penalty convictions by prosecutors in Colorado. Mr. Autobee responded to questions regarding how a DIVO contacted him. Representative Fields discussed her experience being contacted by a DIVO.

01:58 PM -- Mr. Steve Siegel, representing the Colorado Organization for Victim Assistance, testified in support of HB 15-1218. Mr. Siegel suggested that the bill is not about the death penalty, and reiterated the effect of the legislation. Mr. Siegel responded to questions regarding the crimes that are the subject of the bill.

02:02 PM -- Mr. Doug Wilson, representing the Office of the State Public Defender, testified in opposition to the bill. Mr. Wilson discussed the genesis of the DIVO initiative, and some potential constitutional issues associated with the bill as introduced. Mr. Wilson addressed earlier questions about the crimes addressed by the bill, and discussed certain guidelines promulgated by the American Bar Association pertaining to communications concerning death penalty cases. Mr. Wilson discussed self-identification by DIVOs, and the potential impact of the bill on the restorative justice process in Colorado. Mr. Wilson explained that amendment L.006 would codify current practice, while other iterations of the bill may be unconstitutional. Mr. Wilson responded to questions regarding practices undertaken by DIVOs, and the relationship between DIVOs and public defenders.

02:14 PM

Discussion ensued regarding the scope of operations of DIVOs. Mr. Wilson responded to questions regarding how he would direct a DIVO who was asked by a victim to cease contact, and ethical standards observed by those who employ DIVOs.

02:19 PM -- Ms. Kate Stimson, representing herself, testified in opposition to the bill. Ms. Stimson discussed her encounters with DIVOs while engaged in death penalty defense work, and the relationship between DIVOs and the defense in death penalty cases. She discussed the use of a DIVO during the case involving Mr. Autobee's family. Ms. Stimson responded to questions regarding her position on amendment L.006.

02:27 PM -- Ms. Lindy Frolich, representing the Office of the Alternate Defense Counsel, testified in opposition to the bill. Ms. Frolich discussed the scope of the use of DIVOs, and the ethics guidelines guiding the conduct of DIVOs. Ms. Frolich responded to questions regarding the sanctions that a DIVO might face for not self-identifying to victims or families.

02:33 PM -- Mr. Tom Raynes, representing the Colorado District Attorneys' Council, testified in support of the bill, as amended by amendment L.006. Mr. Raynes addressed issues raised during earlier testimony.

02:36 PM -- Ms. Jennifer Anderson, representing the Attorney General's Office, testified in support of the bill. Ms. Anderson explained that there may be a way to amend the bill to address certain concerns while maintaining its constitutionality. Ms. Anderson responded to questions regarding the relationship between her office and the Office of the State Public Defender, and potential conflicts of interest over the bill as a result.

02:39 PM

Representative Fields discussed the exclusion of certain parties under the amendment. Representative Kagan related his experiences with DIVOs during his work as a litigator, lending his support to the amendment.


BILL:	HB15-1218
TIME:	02:39:57 PM
MOVED:	Kagan
MOTION:	Adopt amendment L.006 (Attachment C). The motion passed without objection.
SECONDED:	Court
		VOTE
	Buckner
	Carver
	Court
	Dore
	Foote
	Lawrence
	Lundeen
	Pettersen
	Salazar
	Van Winkle
	Willett
	Lee
	Kagan

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

02:44 PM

Representative Fields provided closing remarks in support of HB 15-1218, as amended. Discussion ensued regarding balance in the adversarial court process.


BILL:	HB15-1218
TIME:	02:45:16 PM
MOVED:	Court
MOTION:	Refer House Bill 15-1218, as amended, to the Committee of the Whole. The motion passed on a vote of 13-0.
SECONDED:	Pettersen
		VOTE
	Buckner	Yes
	Carver	Yes
	Court	Yes
	Dore	Yes
	Foote	Yes
	Lawrence	Yes
	Lundeen	Yes
	Pettersen	Yes
	Salazar	Yes
	Van Winkle	Yes
	Willett	Yes
	Lee	Yes
	Kagan	Yes

Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:50 PM -- SB15-005

Representative Foote, prime sponsor, presented Senate Bill 15-005, concerning medical testing in certain first degree assault cases. Representative Foote explained the effect of the bill, and provided background on the genesis of the bill in the context of other pending legislation. Discussion ensued regarding the potential for false positive results from tests administered to defendants under the bill, and a subsequent notification of an emergency first responder.

02:59 PM

The following persons testified regarding SB 15-005:

03:00 PM -- Mr. Kenneth Lloyd, representing the Black Hawk Police Department, testified in support of the bill. Mr. Lloyd discussed an incident in which he was involved that placed him into contact with the bodily fluids of a man charged with a crime. He explained that the defendant was not compelled to provide a blood test, and noted the impact that such situations have on the families of first responders.

03:04 PM -- Ms. Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill. Ms. Ackerman provided background on how automatic communicable disease testing of defendants to certain crimes was initiated. Both Ms. Ackerman and Mr. Lloyd voiced their support for Senate Bill 15-126 as well. Discussion ensued regarding the fiscal impact of both bills.

03:10 PM -- Ms. Nancy Lewis, representing the Colorado Organization for Victim Assistance, testified in support of both SB 15-005 and SB 15-126.

03:12 PM

No amendments were offered to SB 15-005.


BILL:	SB15-005
TIME:	03:12:37 PM
MOVED:	Foote
MOTION:	Refer Senate Bill 15-005 to the Committee of the Whole. The motion passed on a vote of 13-0.
SECONDED:	Lee
		VOTE
	Buckner	Yes
	Carver	Yes
	Court	Yes
	Dore	Yes
	Foote	Yes
	Lawrence	Yes
	Lundeen	Yes
	Pettersen	Yes
	Salazar	Yes
	Van Winkle	Yes
	Willett	Yes
	Lee	Yes
	Kagan	Yes

Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:13 PM -- SB15-126

Representative Foote, prime sponsor, presented Senate Bill 15-126, concerning medical tests for victims of crimes of assault. Testimony was heard on the bill during the committee's consideration of SB 15-005, and no amendments were offered to SB 15-126.


BILL:	SB15-126
TIME:	03:14:19 PM
MOVED:	Foote
MOTION:	Refer Senate Bill 15-126 to the Committee of the Whole. The motion passed on a vote of 13-0.
SECONDED:	Court
		VOTE
	Buckner	Yes
	Carver	Yes
	Court	Yes
	Dore	Yes
	Foote	Yes
	Lawrence	Yes
	Lundeen	Yes
	Pettersen	Yes
	Salazar	Yes
	Van Winkle	Yes
	Willett	Yes
	Lee	Yes
	Kagan	Yes

Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:15 PM -- SB15-099

Representative Lawrence, prime sponsor, presented Senate Bill 15-099, concerning eliminating certain duties for probation officers. She explained that the bill is a departmental clean-up bill, and explained the effect of each provision of the bill. Discussion ensued regarding the fiscal impact of the bill. The following person testified regarding the bill:

03:18 PM -- Mr. Terry Scanlon, representing the Office of the State Court Administrator, testified in support of the bill. Mr. Scanlon explained that the duties eliminated by the bill have not been performed for some time.

03:19 PM

No amendments were offered to SB 15-099.


BILL:	SB15-099
TIME:	03:19:28 PM
MOVED:	Lawrence
MOTION:	Refer Senate Bill 15-099 to the Committee of the Whole. The motion passed on a vote of 13-0.
SECONDED:	Dore
		VOTE
	Buckner	Yes
	Carver	Yes
	Court	Yes
	Dore	Yes
	Foote	Yes
	Lawrence	Yes
	Lundeen	Yes
	Pettersen	Yes
	Salazar	Yes
	Van Winkle	Yes
	Willett	Yes
	Lee	Yes
	Kagan	Yes

Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:21 PM

The committee adjourned.