House Committee on Local Government (03/18/2015)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON LOCAL GOVERNMENT

Date:	03/18/2015	ATTENDANCE

Time:	01:41 PM to 05:34 PM	Arndt	X
		Danielson	X
Place:	HCR 0107	Keyser	X
		Klingenschmitt	X
This Meeting was called to order by		Navarro	X
	Representative Fields	Ransom	X
		Rosenthal	X
This Report was prepared by		Saine	X
	Damion Pechota	Singer	*
		Lebsock	X
		Fields	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB15-1263		Postponed Indefinitely

01:42 PM -- HB15-1263

Representative Lebsock and Representative Tate presented and summarize House Bill 15-1263 concerning matters related to sealing public records for certain criminal offenses. The bill allows a court to seal a conviction record for a misdemeanor offense if the adverse effects to the defendant's privacy outweigh the public interest. A defendant may petition the district court to seal a conviction record, except basic identifying information, if:

• the petition is filed five or more years after the date of the final disposition of all criminal proceedings or the release of the defendant;
• the defendant has not been charged with or convicted of a felony, misdemeanor, or misdemeanor traffic offense since the date of the final disposition of all criminal proceedings or the release of the defendant;
• the defendant has not previously completed a diversion program, deferred prosecution, or deferred sentence;
• the defendant has not been convicted of any other offenses prior to the offense that he or she is petitioning to be sealed;
• the conviction records to be sealed are not for a misdemeanor traffic offense, an unlawful sexual behavior offense, a crime against an at-risk adult or at-risk juvenile, a violation of parks and wildlife laws, a crime related to cruelty to animals, or a misdemeanor child abuse offense; and
• the defendant is not subject to a criminal or civil protection order.

If a petition is found by a court to be sufficient, a hearing must be scheduled to determine the sealing of the defendant's records. Upon approval of the request for the sealing of records, the defendant must serve all custodians of conviction records with the order. If a court denies a request, the order must provide the reasons the petition was found to be insufficient. The district attorney may also veto the petition.

Under current law, conviction records for municipal offenses are eligible for sealing. A defendant may petition to seal the conviction record of a first municipal assault or battery offense involving domestic violence. The bill prohibits the sealing of a record for a second or subsequent municipal assault involving domestic violence. In addition, the bill allows the district attorney to object to sealing.

Representative Lebsock presented and distributed amendment L.005 (Attachment A).

15HouseLocal0318AttachA.pdf

01:55 PM

Representative Lebsock answered questions from the committee regarding commonly charged misdemeanors in district courts and the current eligibility requirements for sealing a conviction record.

The committee members discussed the bill and amendment L.005.

02:06 PM

Representative Lebsock continued to answer questions from the committee regarding misdemeanor convictions and the sealing of conviction records.


BILL:	HB15-1263
TIME:	02:11:40 PM
MOVED:	Lebsock
MOTION:	Adopt amendment L.005 (Attachment A). The motion passed without objection.
SECONDED:	Singer
		VOTE
	Arndt
	Danielson
	Keyser
	Klingenschmitt
	Navarro
	Ransom
	Rosenthal
	Saine
	Singer
	Lebsock
	Fields

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


BILL:	HB15-1263
TIME:	04:35:48 PM
MOVED:	Navarro
MOTION:	Refer House Bill 15-1263, as amended, to the Committee on Judiciary. The motion was withdrawn.
SECONDED:	Keyser
		VOTE
	Arndt
	Danielson
	Keyser
	Klingenschmitt
	Navarro
	Ransom
	Rosenthal
	Saine
	Singer
	Lebsock
	Fields

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

02:14 PM

The committee recessed.

02:25 PM

The committee returned from recess.

02:28 PM -- Shari Walsh, representing herself, spoke in favor of the bill. She spoke on her history with alcohol and domestic violence. Ms. Walsh discussed her concerns with the current law regarding the sealing of domestic violence convictions.

02:34 PM -- Tim Johnson, representing the Colorado District Attorneys Council, spoke in opposition to the bill. He discussed his concerns regarding the sealing of convictions of first-time offenders.

Mr. Johnston answered questions from the committee regarding plea bargaining of felonies into the misdemeanor range. He also discussed serious crimes not included in the bill.

02:44 PM -- Doug Darr, representing County Sheriffs of Colorado, spoke in opposition to the bill. He discussed the current practice of officers and the use of probable cause.

Mr. Darr answered questions from the committee regarding plea bargains for felonies.

Representative Lebsock discussed the current law regarding the sealing of conviction records. Mr. Darr answered questions from the committee regarding criminal history records.

02:54 PM

The committee continued to discuss the accessibility of criminal history records.

02:58 PM -- Liliana Pascal, Gateway Battered Women's Services, spoke in opposition to the bill. She discussed her work with domestic violence victims.

Representative Lebsock discussed the introduced version of the bill regarding municipal offenses.

03:04 PM -- Laura Haynes, representing herself, spoke in opposition to the bill. She discussed her experience as a victim of domestic violence. Ms. Haynes discussed her concerns regarding the sealing of domestic violence convictions.

03:12 PM -- Mark Hurlbert, representing the Colorado District Attorneys Council, spoke in opposition to the bill. He discussed his concerns regarding the sealing of conviction records for criminal behavior. Mr. Hurlbert discussed the current criminal offenses classified as a misdemeanor.

Representative Lebsock answered questions from the committee regarding veto power for the district attorney. Mr. Hurlbert answered questions from the committee regarding driving under the influence (DUI) offenses.

03:21 PM

The committee continued to discuss the prosecution of misdemeanors.

03:23 PM -- Ray Harlan, Colorado Victims for Justice, spoke in opposition to the bill. He discussed current misdemeanor offenses and his concerns with potential impacts of sealing criminal records.

Mr. Harland answered questions from the committee regarding criminal records of potential employees.

03:33 PM -- Lydia Waligorski, Colorado Coalition Against Domestic Violence, spoke in opposition to the introduced version of the bill. She discussed pattern of behaviors associated with domestic violence.

Ms. Waligorski answered questions from the committee regarding the amended version of the bill.

03:40 PM -- Kelly Kissell, Colorado Organization for Victim Assistance, spoke in opposition to the bill. She discussed her concerns related to misdemeanors that affect victims. Ms. Kissell discussed the importance of the district attorney veto.

Ms. Kissell answered questions from the committee regarding attorney judgements for first-time offenses.

03:46 PM -- Jennifer Eyl, representing the Rocky Mountain Children's Law Center, spoke in opposition to the bill. Ms. Eyl discussed her concerns related to the sealing of conviction records in relation to child safety.

Ms. Eyl answered questions from the committee regarding the sealing of juvenile criminal records.

Representative Lebsock discussed the timeline for the sealing of conviction records.

03:55 PM -- Steve Siegel, representing the Colorado Organization for Victim Assistance, spoke in opposition to the bill.

03:57 PM -- Tom Raynes, District Attorney, spoke in opposition to the bill as amended. He discussed the current practices for first-offense misdemeanors.

Mr. Raynes answered questions from the committee regarding the differences between a felony and a misdemeanor.

04:07 PM

The committee continued to discuss first-time misdemeanor convictions.

04:13 PM -- Maureen Cain, representing the Colorado Criminal Defense Bar, spoke in opposition to the amended bill. She discussed the impact of conviction records on an individual and said that it is the burden of a defendant to prove that their right to privacy outweighs public safety.

04:28 PM

Ms. Cain answered questions from the committee regarding the impact of conviction records on individuals.

04:31 PM -- Ms. Dana Sauder, representing herself, spoke in favor of the bill. She discussed her personal experience with domestic violence and a conviction record.

Ms. Sauder answered questions from the committee regarding a pardon from the Governor.

04:39 PM

The committee continued to discuss a pardon from the Governor.

04:44 PM -- Terri Hurst, Colorado Criminal Justice Reform Coalition, spoke in favor of the amended bill. She discussed the impact of criminal convictions on individuals.

Representative Lebsock presented and summarized amendment L.007 (Attachment B).

15HouseLocal0318AttachB.pdf


BILL:	HB15-1263
TIME:	04:51:43 PM
MOVED:	Lebsock
MOTION:	Adopt amendment L.007 (Attachment B). The motion passed without objection.
SECONDED:	Rosenthal
		VOTE
	Arndt
	Danielson
	Keyser
	Klingenschmitt
	Navarro
	Ransom
	Rosenthal
	Saine
	Singer
	Lebsock
	Fields

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

Representative Lebsock presented and summarized amendment L.006 (Attachment C). The committee members discussed amendment L.006.

15HouseLocal0318AttachC.pdf


BILL:	HB15-1263
TIME:	04:57:15 PM
MOVED:	Lebsock
MOTION:	Adopt amendment L.006 (Attachment C). The motion passed without objection.
SECONDED:	Rosenthal
		VOTE
	Arndt
	Danielson
	Keyser
	Klingenschmitt
	Navarro
	Ransom
	Rosenthal
	Saine
	Singer
	Lebsock
	Fields

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

05:02 PM

Representative Tate and Representative Lebsock provided closing comments on the bill.

05:10 PM

The committee members provided closing comments on the bill.

05:20 PM

The committee members continued to provide closing comments.


BILL:	HB15-1263
TIME:	05:31:26 PM
MOVED:	Lebsock
MOTION:	Refer House Bill 15-1263, as amended, to the Committee on Finance. The motion failed on a vote of 4-7.
SECONDED:	Rosenthal
		VOTE
	Arndt	No
	Danielson	No
	Keyser	No
	Klingenschmitt	Yes
	Navarro	No
	Ransom	No
	Rosenthal	Yes
	Saine	No
	Singer	Yes
	Lebsock	Yes
	Fields	No

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


BILL:	HB15-1263
TIME:	05:32:50 PM
MOVED:	Lebsock
MOTION:	Postpone House Bill 15-1263 indefinitely. The motion passed on a vote of 8-3.
SECONDED:	Navarro
		VOTE
	Arndt	Yes
	Danielson	Yes
	Keyser	Yes
	Klingenschmitt	No
	Navarro	Yes
	Ransom	Yes
	Rosenthal	Yes
	Saine	Yes
	Singer	No
	Lebsock	No
	Fields	Yes

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

05:34 PM

The committee adjourned.