House Committee on Judiciary (04/30/2015)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:	04/30/2015	ATTENDANCE

Time:	01:31 PM to 04:13 PM	Becker K.	X
		Carver	X
Place:	HCR 0112	Court	X
		Dore	*
This Meeting was called to order by		Foote	*
	Representative Kagan	Lawrence	*
		Lundeen	*
This Report was prepared by		Pettersen	X
	Bo Pogue	Salazar	X
		Van Winkle	*
		Willett	X
		Lee	X
		Kagan	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB15-213 SB15-124 SB15-264		Amended, Referred to the Committee of the Whole Amended, Referred to Appropriations Amended, Referred to the Committee of the Whole

01:32 PM -- SB15-213

The committee came to order. A quorum was present. The committee recessed.

01:36 PM

The committee returned to order. Speaker Hullinghorst and Representative Duran, prime sponsors, presented Senate Bill 15-213, concerning the limited waiver of governmental immunity for claims involving public schools for injuries resulting from incidents of school violence. Speaker Hullinghorst explained the effect of the bill and discussed its need. Representative Duran thanked certain stakeholders for their work on the bill, and discussed the need for the legislation. She also discussed some changes made to the bill in the Senate, and explained the effect of some forthcoming amendments.

01:45 PM

The following persons testified regarding SB 15-213:

01:46 PM -- Mr. Mike Roche, representing Michael and Desiree Davis, testified in support of the bill. Mr. Roche explained the effect of the bill, and discussed its merits. Mr. Roche discussed the types of activities that would be exempted from lawsuits under the bill, and the types of activities that would expose a school to potential action. Mr. Roche discussed the damages available to plaintiffs in a liability case under the bill, and noted the damages moratorium contained in the bill. Mr. Roche explained that he hopes the bill's passage will spur schools to focus more on liability.

01:59 PM

Mr. Roche responded to questions regarding the circumstances under which a teacher might be sued under the bill, and circumstances that may expose schools to liability in a sporting environment. Mr. Roche responded to questions regarding the standards under which a liability case could be brought against a school under the bill, and the legislation's "bill of costs" provision. Mr. Roche responded to questions regarding the elements that constitute a crime of violence in the bill, and the effect of similar legislation in other states.

02:15 PM

Mr. Roche responded to questions regarding the potential impact of the bill on special needs students based on violent episodes and other similar types of incidents. Discussion returned to the elements that must be satisfied to trigger liability under the bill. Discussion ensued regarding the foreseeability of risk. Discussion returned to the circumstances under which a school employee might be exposed to liability under the bill.

02:25 PM

Discussion ensued regarding the liability exposure under which private schools operate, and the potential impact of the bill on schools' budgets. Mr. Roche responded to questions regarding the potential for the legislature to handle school liability on a case-by-case basis through legislation.

02:29 PM -- Ms. Sally Augden, representing the League of Women Voters, testified in opposition to the bill. Ms. Augden explained that the bill constitutes an unfunded mandate, and discussed certain issues facing public schools. Ms. Augden responded to questions regarding a provision in the bill that excludes school teachers from personal liability.

02:35 PM -- Ms. Maria Haas, representing herself, testified in support of the bill. Ms. Haas read a letter authored by Ms. Katie Roche concerning the events that took the life of Ms. Claire Davis.

02:40 PM -- Ms. Franceen Thompson, representing herself, testified in support of the bill. Ms. Thompson paraphrased discussion from the Senate Judiciary hearing on SB 15-213, and discussed the impact of violent school incidents on victims.

02:43 PM -- Mr. Bob Lembke, representing himself, testified in support of the bill. Mr. Lembke discussed the path taken by SB 15-213, and the intent of the legislation in terms of incentivizing schools to alter their safety practices. Mr. Lembke urged the committee to keep the bill's current standards in place for school liability.

02:46 PM -- Mr. Michael and Ms. Desiree Davis, representing themselves, testified in support of the bill. Mr. Davis discussed the new priorities created for schools by the bill, and recounted the events that resulted in the death of his daughter. Mr. Davis explained that families have limited recourse under current law when a violent incident harms a family member, and discussed the ramifications of passing SB 15-213. Ms. Davis discussed her daughter and the events that resulted in her death, and recounted the record of behavior of the person who killed her daughter. Ms. Davis explained that the perpetrator was a foreseeable danger, and discussed the merits of the bill.

03:00 PM

Representative Kagan explained the effect of prepared amendment L.037 (Attachment A).

15HouseJud0430AttachA.pdf


BILL:	SB15-213
TIME:	03:01:31 PM
MOVED:	Kagan
MOTION:	Adopt amendment L.037 (Attachment A). The motion passed without objection.
SECONDED:	Lee
		VOTE
	Becker K.
	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

03:02 PM

Representative Kagan explained the effect of prepared amendment L.036 (Attachment B).

15HouseJud0430AttachB.pdf


BILL:	SB15-213
TIME:	03:02:54 PM
MOVED:	Kagan
MOTION:	Adopt amendment L.036 (Attachment B). The motion passed without objection.
SECONDED:	Pettersen
		VOTE
	Becker K.
	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

03:03 PM

Representative Kagan explained the effect of prepared amendment L.035 (Attachment C).

15HouseJud0430AttachC.pdf


BILL:	SB15-213
TIME:	03:03:27 PM
MOVED:	Kagan
MOTION:	Adopt amendment L.035 (Attachment C). The motion passed without objection.
SECONDED:	Lee
		VOTE
	Becker K.
	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

03:04 PM

Representative Willett explained the effect of prepared amendment L.039 (Attachment D).

15HouseJud0430AttachD.pdf


BILL:	SB15-213
TIME:	03:05:28 PM
MOVED:	Willett
MOTION:	Adopt amendment L.039 (Attachment D). The motion failed on a vote of 3-10.
SECONDED:	Carver
		VOTE
	Becker K.	No
	Carver	Yes
	Court	No
	Dore	No
	Foote	No
	Lawrence	No
	Lundeen	Yes
	Pettersen	No
	Salazar	No
	Van Winkle	No
	Willett	Yes
	Lee	No
	Kagan	No

YES: 3 NO: 10 EXC: 0 ABS: 0 FINAL ACTION: FAIL

03:13 PM

Representative Duran provided closing remarks in support of SB 15-213.


BILL:	SB15-213
TIME:	03:14:39 PM
MOVED:	Salazar
MOTION:	Refer Senate Bill 15-213, as amended, to the Committee of the Whole. The motion passed on a vote of 10-3.
SECONDED:	Dore
		VOTE
	Becker K.	Yes
	Carver	No
	Court	Yes
	Dore	Yes
	Foote	Yes
	Lawrence	Yes
	Lundeen	No
	Pettersen	Yes
	Salazar	Yes
	Van Winkle	Yes
	Willett	No
	Lee	Yes
	Kagan	Yes

Final YES: 10 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:16 PM

The committee recessed.

03:23 PM -- SB15-124

The committee returned to order. Representative Lee, prime sponsor, presented Senate Bill 15-124, concerning the use of evidence-based practices in response to technical violations of parole. Representative Lee explained the effect of the bill and discussed its benefits. Representative Lee responded to questions regarding potential opposition to the bill.

03:31 PM

The following persons testified regarding SB 15-124:

03:31 PM -- Ms. Christina Everist, representing the Department of Corrections (DOC), testified in support of the bill. Ms. Everist discussed efforts undertaken by the DOC to reduce technical parole violations, and provided an overview of the department's "Sure and Swift" program. Ms. Everist explained that SB 15-124 codifies that program.

03:34 PM -- Ms. Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill. Ms. Ackerman discussed evidence supporting the success of the Sure and Swift program, and noted a provision in the bill that allows counties flexibility in conducting the program based on jail space availability.

03:37 PM -- Mr. Richard Morales, representing the Latino Coalition for Community, testified in support of the bill. Mr. Morales discussed collaborative efforts to conduct offender reentry programs, and spoke to the merits of the bill.

03:39 PM -- Mr. Hassan Latif, representing the Second Chance Center, testified in support of the bill. Mr. Latif discussed the programs conducted by his organization, and explained how the bill will assist with offender reentry programs.

03:42 PM -- Ms. Christie Donner, representing the Colorado Criminal Justice Reform Coalition, testified in support SB 15-124. Ms. Donner discussed the recidivism rate in Colorado, and explained that programs such as those supported by the bill have shown to be effective in assisting with reentry. Ms. Donner discussed savings that may be realized under the bill.

03:46 PM -- Mr. Jim Brandon, representing himself, testified in support of the bill. Mr. Brandon supported expanding the scope of the bill's programming to probation violations, and recounted an instance of a probation violation. Mr. Brandon discussed the impact of this violation, and the impact of such probation violations in general. He discussed the costs associated with heavily policing probation violations, and urged the adoption of a bill to address the issue.

03:53 PM

Representative Lee explained the effect of prepared amendment L.008 (Attachment E).

15HouseJud0430AttachE.pdf


BILL:	SB15-124
TIME:	03:54:19 PM
MOVED:	Lee
MOTION:	Adopt amendment L.008 (Attachment E). The motion passed without objection.
SECONDED:	Salazar
		VOTE
	Becker K.
	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

04:00 PM

Representative Lee explained the effect of prepared amendment J.008 (Attachment F). Ms. Donner returned to provide clarification on the amendment.

15HouseJud0430AttachF.pdf


BILL:	SB15-124
TIME:	04:00:55 PM
MOVED:	Lee
MOTION:	Adopt amendment J.008 (Attachment F). The motion passed without objection.
SECONDED:	Salazar
		VOTE
	Becker K.
	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

04:01 PM


BILL:	SB15-124
TIME:	04:01:44 PM
MOVED:	Lee
MOTION:	Refer Senate Bill 15-124, as amended, to the Committee on Appropriations. The motion passed on a vote of 12-0.
SECONDED:	Salazar
		VOTE
	Becker K.	Yes
	Carver	Yes
	Court	Excused
	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: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

04:04 PM -- SB15-264

Representative Kagan, prime sponsor, presented Senate Bill 15-264, concerning the nonsubstantive revision of statutes in the Colorado Revised Statutes, as amended, and, in connection therewith, amending or repealing obsolete, imperfect, and inoperative law to preserve the legislative intent, effect, and meaning of the law. Representative Kagan explained the effect of the bill, and discussed its need. Representative Kagan explained the effect of not passing the bill. Discussion ensued on this point. No witnesses testified on the bill. Representative Kagan explained the effect of prepared amendment L.006 (Attachment G).

15HouseJud0430AttachG.pdf


BILL:	SB15-264
TIME:	04:10:53 PM
MOVED:	Kagan
MOTION:	Adopt amendment L.006 (Attachment G). The motion passed without objection.
SECONDED:	Salazar
		VOTE
	Becker K.
	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

04:12 PM


BILL:	SB15-264
TIME:	04:12:40 PM
MOVED:	Kagan
MOTION:	Refer Senate Bill 15-264, as amended, to the Committee of the Whole. The motion passed on a vote of 12-0.
SECONDED:	Foote
		VOTE
	Becker K.	Yes
	Carver	Yes
	Court	Excused
	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: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

04:13 PM

The committee adjourned.