Date: 02/26/2015

Final
BILL SUMMARY for HB15-1025

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Adopt amendment L.020 (Attachment D). The motion p
Postpone House Bill 15-1025 indefinitely. The moti
Refer House Bill 15-1025, as amended, to the Commi		Pass Without Objection
PASS
FAIL



03:56 PM -- HB15-1025

The committee recessed.


04:06 PM

The committee returned to order. Representative Kagan updated the committee on the status of House Bill 15-1025, concerning competency to proceed for juveniles involved in the juvenile justice system. The committee took testimony on the bill at its January 29 meeting. Committee members received a preamended version of the bill, as amended by amendment L.020 (Attachment C). Representative Rosenthal presented the bill, and recapped the effect of the legislation, and discussed the effect of amendment L.020 (Attachment D). Representative Rosenthal responded to questions regarding the effect of amendment L.020, and the position of the Colorado District Attorneys' Council on the amendment. The following persons testified regarding the bill:

15HouseJud0226AttachC.pdf15HouseJud0226AttachC.pdf 15HouseJud0226AttachD.pdf15HouseJud0226AttachD.pdf

04:15 PM -- Ms. Karen Knickerbocker, representing the Colorado Office of the Public Defender, testified in support of the bill as amended. Ms. Knickerbocker explained that the premise of the bill is that children are different than adults, and discussed the life-altering decisions juveniles face when they enter the juvenile justice system. Ms. Knickerbocker discussed the process undertaken once the issue of juvenile competency is raised, and discussed the types of treatment available to adjudicated juveniles. Ms. Knickerbocker responded to questions regarding the duty of defense attorneys to raise the issue of competency for juveniles under the bill, and the potential for the number of times this issue is raised in court to increase under the bill.


04:27 PM
Discussion continued regarding the frequency with which the issue of competency might be raised under the bill, and the bearing of the seriousness of the crime on the issue of competency.

04:34 PM -- Mr. Hal Sargent, representing the Colorado District Attorney's Council, testified in opposition to the bill. Mr. Sargent discussed the civil nature of the juvenile justice system, and addressed earlier testimony about services available to juveniles involved in the justice system. Discussion ensued regarding the adversarial aspects of the juvenile justice system, and the long-term consequences of juvenile adjudication of sex offenses. Mr. Sargent discussed the definition of mental competency. Mr. Sargent responded to a question from the committee about which adults are present during court proceedings in the juvenile justice system.
BILL:HB15-1025
TIME: 04:51:59 PM
MOVED:Kagan
MOTION:Adopt amendment L.020 (Attachment D). The motion passed without objection.
SECONDED:Lee
VOTE
Buckner
Court
Dore
Foote
Lawrence
Lundeen
Neville P.
Pettersen
Salazar
Van Winkle
Willett
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


04:53 PM

Representative Rosenthal provided closing remarks in support of HB 15-1025. Discussion ensued regarding the purpose of the juvenile justice system, and the potential for the bill to delay the delivery of services to juveniles in the system. Various committee members provided closing remarks in support of the bill.
BILL:HB15-1025
TIME: 04:57:41 PM
MOVED:Salazar
MOTION:Refer House Bill 15-1025, as amended, to the Committee on Appropriations. The motion failed on a vote of 6-7.
SECONDED:Pettersen
VOTE
Buckner
Yes
Court
Yes
Dore
No
Foote
No
Lawrence
No
Lundeen
No
Neville P.
No
Pettersen
Yes
Salazar
Yes
Van Winkle
No
Willett
No
Lee
Yes
Kagan
Yes
YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:HB15-1025
TIME: 05:15:50 PM
MOVED:Dore
MOTION:Postpone House Bill 15-1025 indefinitely. The motion passed on a vote of 7-6.
SECONDED:Van Winkle
VOTE
Buckner
No
Court
No
Dore
Yes
Foote
Yes
Lawrence
Yes
Lundeen
Yes
Neville P.
Yes
Pettersen
No
Salazar
No
Van Winkle
Yes
Willett
Yes
Lee
No
Kagan
No
Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS