Date: 04/09/2015

Final
BILL SUMMARY for HB15-1216

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Postpone House Bill 15-1216 indefinitely. The moti
Refer House Bill 15-1216 to the Committee of the W		PASS
FAIL



01:36 PM -- HB15-1216

The committee was called to order. A quorum was present. Representative Priola, prime sponsor, presented House Bill 15-1216, concerning the admissibility of expert opinions. Representative Priola explained why he supports the legislation. In response to a question, he provided an overview of the bill. Representative Priola responded to questions regarding the problem that the bill seeks to address, and certain jurisprudence associated with expert witness testimony in court proceedings. Discussion ensued regarding how the qualifications of expert witnesses are determined in court.


01:42 PM

The following persons testified regarding HB 15-1216:

01:42 PM -- Mr. Michael Mihm, representing the Colorado Trial Lawyers Association, testified in opposition to the bill. Mr. Mihm spoke in support of the current standards for determining the qualifications of expert witnesses in the court setting, and explained the reasoning behind certain court decisions associated with expert witness testimony. Mr. Mihm explained that the bill relies on an obsolete standard for determining expert witness qualification, and discussed the bill's ambiguity. Mr. Mihm responded to questions regarding how HB 15-1216 would change the use of expert testimony in trials, and the position of certain entities on the bill. Mr. Mihm responded to questions regarding how the bill constitutes tort reform.

01:53 PM -- Mr. Loren Brown, representing the Colorado Bar Association, testified in opposition to the bill. Mr. Brown explained how his organization arrived at its position on the bill. Mr. Brown responded to questions regarding the basis for objection to the bill on the part of his organization's members.

01:56 PM -- Ms. Leia Ursery, representing the Colorado Bar Association, testified in opposition to the bill. Ms. Ursery expressed the concerns of the Trusts and Estates Section of the Colorado Bar Association.

01:59 PM -- Mr. Timothy Tipton, representing the Rocky Mountain Caregivers Cooperative, testified in opposition to HB 15-1216. Mr. Tipton relayed his experiences as an expert witness before the court on marijuana-related issues. Mr. Tipton responded to questions regarding his qualifications as an expert witness.

02:04 PM -- Ms. Janet Sweeney, representing the Phoenix Tears Foundation, testified in opposition to the bill.

02:05 PM -- Mr. Jordan Lipp, representing the Colorado Civil Justice League, testified in support of the bill. Mr. Lipp explained how the bill would reduce "junk science" in the courtroom, reduce forum shopping in litigious matters, and require expert witnesses to have a reliable scientific basis for their testimony. Mr. Lipp responded to questions regarding the bench's discretion for admitting expert witness testimony, and other states that have enacted laws similar to HB 15-1216. Mr. Lipp responded to questions regarding the potential effect of the bill on so-called "satellite litigation," and clarified the benefits of moving to a federal standard of qualifying expert witnesses. Mr. Lipp responded to questions regarding examples of the use of "junk science" in the court setting.


02:19 PM

No amendments were offered to HB 15-1216. Representative Priola provided closing remarks in support of the bill.
BILL:HB15-1216
TIME: 02:21:04 PM
MOVED:Dore
MOTION:Refer House Bill 15-1216 to the Committee of the Whole. The motion failed on a vote of 0-13.
SECONDED:Lawrence
VOTE
Buckner
No
Carver
No
Court
No
Dore
No
Foote
No
Lawrence
No
Lundeen
No
Pettersen
No
Salazar
No
Van Winkle
No
Willett
No
Lee
No
Kagan
No
YES: 0 NO: 13 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:HB15-1216
TIME: 02:24:20 PM
MOVED:Kagan
MOTION:Postpone House Bill 15-1216 indefinitely. The motion passed on a vote of 12-1.
SECONDED:Lee
VOTE
Buckner
Yes
Carver
No
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: 12 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS