Senate Committee on Judiciary (04/08/2015)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON JUDICIARY

Date:	04/08/2015	ATTENDANCE

Time:	01:30 PM to 05:03 PM	Cooke	X
		Guzman	X
Place:	SCR 352	Merrifield	*
		Lundberg	X
This Meeting was called to order by		Roberts	X
	Senator Roberts

This Report was prepared by
	Conrad Imel
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB15-1149 HB15-1131 HB15-1218 SB15-185 SB15-181		Referred to Appropriations Amended, Referred to Appropriations Referred to the Committee of the Whole Amended, Referred to Appropriations Amended, Referred to Appropriations

01:30 PM

Senator Roberts, chair, called the committee to order.

01:31 PM -- HB15-1149

Senator Lambert, sponsor, presented House Bill 15-1149, concerning the Office of the Respondent Parents' Counsel. Senator Lambert distributed a Joint Budget Committee information sheet on the bill (Attachment A). Senator Lambert discussed the provisions of the bill and the fiscal impact of the bill.

15SenateJud0408AttachA.pdf

01:34 PM -- Ms. Amy Hendrickson, representing the Office of the State Court Administrator, testified in support of the bill. Ms. Hendrickson discussed the role of the Office of the Respondent Parents' Counsel (ORPC), and a recent working group that made recommendations regarding the ORPC. Ms. Hendrickson discussed the recommendations of the working group, which are included in HB 15-1149.

Senator Lambert noted the independence of the ORPC, and discussed prior legislation concerning payment for various functions in the judicial department.

01:39 PM -- Ms. Dorothy Macias, representing the Office of the Child's Representative (OCR), testified in support of the bill. Ms. Macias discussed the OCR and child welfare, generally. Ms. Macias discussed representation for parents in the child welfare process, and how the bill aids parents. In response to a question, Ms. Macias discussed how parents' individual interests are represented in court proceedings, including whether parents were represented jointly or individually.

01:48 PM

Senator Lambert provided closing remarks on the bill and asked for the committee's support. Senator Roberts commented on the bill.


BILL:	HB15-1149
TIME:	01:50:17 PM
MOVED:	Guzman
MOTION:	Refer House Bill 15-1149 to the Committee on Appropriations. The motion passed on a vote of 5-0.
SECONDED:
		VOTE
	Cooke	Yes
	Guzman	Yes
	Merrifield	Yes
	Lundberg	Yes
	Roberts	Yes


Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

01:50 PM -- HB15-1131

Senator Lambert, sponsor, presented House Bill 15-1131, concerning the release of information related to critical incidents that occur in facilities operated by the Division of Youth Corrections. Senator Lambert distributed amendment L.012 (Attachment B) and amendment L.013 (Attachment C). Senator Lambert discussed recent issues concerning critical incidents in youth facilities, and explained that current law prevented reporting on such incidents. He further explained that the bill would create a balance between youth privacy concerns and information about critical incidents that would be beneficial to the legislature and the public. In response to a question, Senator Lambert clarified the information required to be released under the bill.

15SenateJud0408AttachB.pdf

15SenateJud0408AttachC.pdf

01:56 PM -- Dr. Robert Werthwein, representing the Office of Children, Youth, and Families, testified in support of the bill. Dr. Werthwein stated that he supports the bill without additional amendments.

01:59 PM -- Mr. Greg Romberg, representing the Colorado Press Association and Colorado Broadcasters Association, testified in support of the bill. Mr. Romberg said the bill makes good information available to the public, and stated his support for the amendments.

02:00 PM

Senator Lambert discussed amendment L.013.


BILL:	HB15-1131
TIME:	02:01:50 PM
MOVED:	Lundberg
MOTION:	Adopt amendment L.013 (Attachment C). The motion passed without objection.
SECONDED:
		VOTE
	Cooke
	Guzman
	Merrifield
	Lundberg
	Roberts


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

Senator Lambert discussed amendment L.012.


BILL:	HB15-1131
TIME:	02:02:59 PM
MOVED:	Lundberg
MOTION:	Adopt amendment L.012 (Attachment B). The motion passed without objection.
SECONDED:
		VOTE
	Cooke
	Guzman
	Merrifield
	Lundberg
	Roberts


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


BILL:	HB15-1131
TIME:	02:03:23 PM
MOVED:	Lundberg
MOTION:	Refer House Bill 15-1131, as amended, to the Committee on Appropriations. The motion passed on a vote of 5-0.
SECONDED:
		VOTE
	Cooke	Yes
	Guzman	Yes
	Merrifield	Yes
	Lundberg	Yes
	Roberts	Yes


Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:04 PM -- HB15-1218

Senator Johnston, sponsor, presented House Bill 15-1218, concerning requiring certain disclosures by defense-initiated victim outreach specialists (DIVOs). Senator Johnston explained that the bill requires DIVOs, when making contact with a victim, to provide the DIVO's full name and inform the victim that the DIVO represents the defendant. Senator Johnston and the committee discussed the differences between the introduced and reengrossed versions of the bill.

02:09 PM

Senator Cooke distributed amendment L.009 (Attachment D). Senator Cooke explained the amendment.

15SenateJud0408AttachD.pdf

02:11 PM -- Mr. Steve Siegel, representing the Colorado Organization for Victim Assistance, testified in support of the bill. Mr. Siegel stated that victims generally request more information, and that the bill benefits victims by providing additional information. Mr. Siegel stated that he supports the amendment.

02:13 PM -- Mr. Tom Raynes, representing the Colorado District Attorneys' Council, testified on the bill. Mr. Raynes stated that there were concerns regarding the reengrossed version of the bill. Mr. Raynes and the committee discussed amendment L.009. Mr. Raynes stated that he supports amendment L.009, but that he is concerned that there is no definition of DIVO in the bill. Mr. Raynes discussed his position on HB 15-1218, generally, and stated that the reengrossed version of the bill should be expanded to include all crimes, not only class 1 felonies.

02:24 PM

Senator Johnston discussed his position on amendment L.009 and the reengrossed version of the bill. The committee and Senator Johnston continued to discuss the bill and amendment L.009.

02:29 PM -- Ms. Shelley Thompson, representing herself, testified in support of the bill. Ms. Thompson discussed her experience as a witness in a murder trial.

Senator Roberts distributed and explained amendment L.011 (Attachment E).

15SenateJud0408AttachE.pdf

02:32 PM -- Ms. Jennifer Anderson, representing the Attorney General's Office, testified in support of the bill. Ms. Anderson stated support for the bill so that victims know, and are able to exercise, their rights.

02:33 PM

Senator Johnston provided closing remarks on the bill. Committee members discussed their positions on the bill and the amendments.


BILL:	HB15-1218
TIME:	02:37:20 PM
MOVED:	Cooke
MOTION:	Adopt amendment L.009 (Attachment D). The motion failed on a vote of 2-3.
SECONDED:
		VOTE
	Cooke	Yes
	Guzman	No
	Merrifield	No
	Lundberg	No
	Roberts	Yes


YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB15-1218
TIME:	02:37:06 PM
MOVED:	Cooke
MOTION:	Adopt amendment L.011 (Attachment E). Senator Cooke withdrew the amendment.
SECONDED:
		VOTE
	Cooke
	Guzman
	Merrifield
	Lundberg
	Roberts


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


BILL:	HB15-1218
TIME:	02:38:35 PM
MOVED:	Cooke
MOTION:	Refer House Bill 15-1218 to the Committee of the Whole. The motion passed on a vote of 5-0.
SECONDED:
		VOTE
	Cooke	Yes
	Guzman	Yes
	Merrifield	Yes
	Lundberg	Yes
	Roberts	Yes


Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:39 PM -- SB15-185

Senator Johnston, sponsor, presented Senate Bill 15-185, concerning provisions to improve police operations. Senator Johnston distributed amendment L.001 (Attachment F) and amendment L.003 (Attachment G). Senator Johnston discussed the introduced version of the bill and the amendments. He stated that amendment L.001 removes a grant program for funding reasons, provisions that required data gathering that are included in a different bill, and a provision requiring data gathering on contacts so as to not prevent proactive outreach. Senator Johnston stated that amendment L.003 concerns a technical change related to race and ethnicity data gathered by police. He then discussed the additional provisions of the bill.

15SenateJud0408AttachF.pdf

15SenateJud0408AttachG.pdf

02:48 PM -- Reverend Patrick Demmer, representing the Greater Metro Denver Ministerial Alliance, testified in support of the bill. Rev. Demmer discussed impacts that police actions have on minorities and the mentally ill. Rev. Demmer stated that he supported studying these issues.

02:51 PM -- Lakewood Police Chief Kevin Paletta, representing the Colorado Association of Chiefs of Police, testified in support of the bill. Chief Paletta stated that the bill provides a good program for collecting data, and that it did not burden law enforcement. He also asked that the deadline be extended from January 31 to March 31.

02:54 PM -- Ms. Meghan Dollar, representing the Colorado Municipal League (CML), testified in support of the bill. Ms. Dollar stated that CML supports the bill, but has financial concerns for smaller communities in the state.

02:55 PM -- Mr. Steve Siegel, representing Colorado Organization for Victim Assistance and the Colorado District Attorneys' Council, testified in support of the bill. Mr. Siegel stated that evidence was necessary for making good decisions and that the bill was an important step in gathering that evidence.

02:56 PM -- Pastor Reginald Holmes, representing Family Advocacy Crisis Intervention Team, testified in support of the bill. Pastor Holmes discussed the process of working with the Denver Police Department to capture data relating to law enforcement and race and mental health.

03:01 PM

Senator Johnston discussed the effect of the amendments on the fiscal note. The committee and Senator Johnston discussed the bill.

03:03 PM -- Senator Roberts reopened public testimony. Brother Jeff Fard, representing Brother Jeff's Cultural Center, testified in support of the bill. Brother Jeff stated that data collection is important and asked the committee to support the bill. He also stated that the efforts of people to support the bill was statewide and not focused on Denver.


BILL:	SB15-185
TIME:	03:06:50 PM
MOVED:	Guzman
MOTION:	Adopt amendment L.001 (Attachment F). The motion passed without objection.
SECONDED:
		VOTE
	Cooke
	Guzman
	Merrifield
	Lundberg
	Roberts


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


BILL:	SB15-185
TIME:	03:07:03 PM
MOVED:	Guzman
MOTION:	Adopt amendment L.003 (Attachment G). The motion passed without objection.
SECONDED:
		VOTE
	Cooke
	Guzman
	Merrifield
	Lundberg
	Roberts


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


BILL:	SB15-185
TIME:	03:07:17 PM
MOVED:	Guzman
MOTION:	Refer Senate Bill 15-185, as amended, to the Committee on Appropriations. The motion passed on a vote of 5-0.
SECONDED:
		VOTE
	Cooke	Yes
	Guzman	Yes
	Merrifield	Yes
	Lundberg	Yes
	Roberts	Yes


Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:08 PM

The committee recessed.

03:15 PM

Senator Roberts called the committee back to order.

03:15 PM -- SB15-181

Senator Woods, sponsor, presented Senate Bill 15-181, concerning the appointment of receivers. Senator Woods discussed the rights and responsibilities of receivers, including when receivers assume responsibility for businesses. Senator Woods distributed amendment L.003 (Attachment H) and amendment L.006 (Attachment I). Senator Woods discussed the amendments.

15SenateJud0408AttachH.pdf

15SenateJud0408AttachI.pdf

03:24 PM -- Mr. Gregory Golyansky, representing himself, testified in support of the bill. Mr. Golyansky discussed his experiences with receivers. Mr. Golyansky also discussed the reasons he supports the bill, including that it was good public policy. In response to committee questions, Mr. Golyansky clarified his testimony regarding the appeals process in his case, and the judicial process in the Soviet Union compared to the United States.

03:34 PM -- Mr. Joseph Lubinski, representing the Real Estate Section of the Colorado Bar Association, testified on the bill as amended. Mr. Lubinski stated that he opposed the bill as introduced, and that the Colorado Bar Association opposed the bill, but that the Real Estate Section was neutral on the bill as amended.

03:36 PM -- Mr. Donald Allen, representing the Business Section of the Colorado Bar Association, testified in opposition to the bill. Mr. Allen stated that he opposed the bill because the bill should not have retroactive effect, was ambiguous as to contractual provisions, does not explicitly contain a waiver provision, and a receiver could be automatically discharged under the bill when a motion is not ruled on in certain circumstances. In response to questions from the committee, Mr. Allen discussed the appeals process in receivership cases, the costs of appeals, and law related to receivership.

03:43 PM -- Mr. Barry Freedman, representing himself, testified in support of the bill. Mr. Freedman discussed his experience with receivership and stated that there was no accountability in the receivership process. Mr. Freedman also discussed liability concerning receivership. In response to a question, Mr. Freedman clarified the difficulties he has had with receivership.

03:50 PM -- Mr. Gary Schwartz, representing himself, testified in opposition to the bill. Mr. Schwartz discussed his and his firm's experience in receivership cases. Mr. Schwartz discussed his firm's involvement developing the bill. He also discussed his qualifications regarding banking. Mr. Schwartz discussed his experience as a receiver and stated that he did not support the provisions of the bill being made retroactive.

03:57 PM -- Mr. David Graf, representing the Community Associations Institute, provided neutral testimony on the bill. Mr. Graf stated that he was neutral on the bill, and discussed the exemption for common interest communities. Mr. Graf stated that without the exemption, communities may need to unnecessarily foreclose on properties instead of placing homes into receivership.

04:00 PM -- Mr. John Leopold, representing himself, testified in opposition of the bill. Mr. Leopold stated his beliefs about judges that he had formerly worked with. Mr. Leopold discussed evidentiary standards in the bill, a commission in the American Bar Association considering changes and recommendations for receivership laws, and a provision in the bill concerning the Court of Appeals engaging in fact-finding. In response to a question, Mr. Leopold discussed the appeals process in receivership cases and costs associated with the appeals process.

04:09 PM -- Ms. Barbara Walker, representing the Independent Bankers of Colorado, stated a neutral position on the bill.

04:10 PM -- Mr. Jack Tanner, representing himself, testified in opposition to the bill. Mr. Tanner discussed the process for removing receivers. Mr. Tanner also discussed evidentiary standards in the bill, fact-finding by the Court of Appeals, and existing Colorado appellate rules regarding receivership.

04:14 PM -- Mr. Jesse Witt, representing himself, testified in opposition to the bill. Mr. Witt discussed prior testimony. Mr. Witt discussed existing appellate rules and how they applied to prior testimony. Mr. Witt stated that losing parties are generally not happy with judicial decisions. Mr. Witt also discussed due process as it relates to automatic discharge of receivers, and continued to discuss the bill as it relates to situations explained in prior testimony. Mr. Witt stated he believes the bill would be unnecessary.

04:24 PM -- Mr. Bruce Hamon, representing himself, testified in opposition to the bill. Mr. Hamon discussed his experience as a part of the situation described in prior testimony. He discussed his concerns about the retroactivity of the bill.

04:28 PM -- Ms. Jenifer Waller, representing the Colorado Bankers Association, testified in opposition to the bill. She expressed her appreciation for the sponsor's work, but stated her concern with the bill related to her organization's ability to protect its collateral. She also expressed concern about the bill's retroactivity.

04:30 PM -- Lillian Alves, representing the the Colorado Division of Securities, testified in opposition to the bill. Ms. Alves discussed appointing receivers, and existing rules related thereto. Ms. Alves expressed concerns over exceptions in the bill, including legal concerns surrounding exceptions.

04:35 PM -- Mr. Terry Scanlon, representing the State Court Administrator's Office, provided neutral testimony on the bill. Mr. Scanlon discussed concerns over provisions in the bill relating to the role of the Court of Appeals.

04:36 PM -- Mr. Shawn Mitchell, representing himself, testified in support of the bill. Mr. Mitchell discussed a situation presented in prior testimony.

04:46 PM

Mr. Mitchell continued to discuss a situation presented in prior testimony. Mr. Mitchell explained that the bill requires the receiver to provide an accounting, sets deadlines for courts to rule on motions, and provides for immediate appeals in certain instances. Mr. Mitchell discussed the positions of prior witnesses.

04:52 PM

Senator Woods provided closing remarks on the bill.


BILL:	SB15-181
TIME:	04:58:01 PM
MOVED:	Lundberg
MOTION:	Adopt amendment L.003 (Attachment H). The motion passed on a vote of 3-2.
SECONDED:
		VOTE
	Cooke	Yes
	Guzman	No
	Merrifield	No
	Lundberg	Yes
	Roberts	Yes


YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:58 PM

Senator Guzman distributed amendment L.005 (Attachment J). Senator Guzman explained the amendment. The committee discussed the amendment.

15SenateJud0408AttachJ.pdf


BILL:	SB15-181
TIME:	05:02:19 PM
MOVED:	Guzman
MOTION:	Adopt amendment L.005 (Attachment J). The motion failed on a vote of 2-3.
SECONDED:
		VOTE
	Cooke	No
	Guzman	Yes
	Merrifield	Yes
	Lundberg	No
	Roberts	No


YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	SB15-181
TIME:	05:02:55 PM
MOVED:	Lundberg
MOTION:	Adopt amendment L.006 (Attachment I). The motion passed on a vote of 3-2.
SECONDED:
		VOTE
	Cooke	Yes
	Guzman	No
	Merrifield	No
	Lundberg	Yes
	Roberts	Yes


YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	SB15-181
TIME:	05:03:24 PM
MOVED:	Lundberg
MOTION:	Refer Senate Bill 15-181, as amended, to the Committee on Appropriations. The motion passed on a vote of 3-2.
SECONDED:
		VOTE
	Cooke	Yes
	Guzman	No
	Merrifield	No
	Lundberg	Yes
	Roberts	Yes


Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

05:03 PM

The committee adjourned.