Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:04/23/2015
ATTENDANCE
Time:01:35 PM to 03:42 PM
Becker K.
X
Carver
X
Place:HCR 0112
Court
X
Dore
*
This Meeting was called to order by
Foote
X
Representative Kagan
Lawrence
X
Lundeen
*
This Report was prepared by
Pettersen
X
Bo Pogue
Salazar
X
Van Winkle
X
Willett
X
Lee
X
Kagan
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB15-221
SB15-195
HB15-1303		Referred to the Committee of the Whole
Referred to Appropriations
Amended, Referred to the Committee of the Whole


01:35 PM -- SB15-221

The committee was called to order. A quorum was present. Representatives Danielson and Priola, prime sponsors, presented Senate Bill 15-221, concerning public transit officers. Representative Danielson explained why the bill is needed. Representative Priola responded to questions regarding a provision in the bill concerning a public transit officer's scope of authority. Representative Danielson explained that the bill does not expand the authority of the subject officers, but rather expands their jurisdiction. Discussion ensued on this point, and the implications with regard to public transportation entity liability.


01:49 PM

The following persons testified regarding SB 15-221:

01:49 PM -- Chief John Tarbert, representing the Regional Transportation District and the Colorado Association of Chiefs of Police, testified in support of the bill. Chief Tarbert discussed the security duties of his department, and their law enforcement work in collaboration with local law enforcement. Chief Tarbert responded to questions regarding the primary goal of the bill, and the relationship between local law enforcement and public transit police under the bill. Discussion ensued regarding the need for the bill, and the potential for the transit authority and local law enforcement to achieve the goals of the bill through contracting. Discussion returned to the goals of the bill.






02:02 PM

Chief Tarbert responded to questions regarding the workload of his office, and the intent of the legislation. Chief Tarbert responded to further questions regarding the number of officers he employs through contract.

02:05 PM -- Chief John Jackson, representing the Colorado Association of Chiefs of Police, testified in support of the bill. Chief Jackson discussed the jurisdictional elements of the bill, and the need to provide safety within the Regional Transportation District's jurisdiction. Chief Jackson explained that local law enforcement agencies require statutory authority to allow them to properly contract with the district. Chief Jackson responded to questions regarding certain current language in state law that is stricken by the bill, and the ability of transit police to engage in the practices under current law for which the bill seeks authority.


02:17 PM

Chief Jackson responded to questions regarding the scope of authority of public transit officers under SB 15-221, and the potential expansion of authority for these officers under the bill. Chief Jackson responded to further questions regarding jurisdictional authority granted to transit officers under current law.

02:24 PM -- Ms. Annmarie Jensen, representing the Colorado Association of Chiefs of Police, testified in support of the bill. Ms. Jensen addressed questions raised during earlier discussion and testimony. Ms. Jensen responded to questions regarding the scope of authority of transit officers under current law, and the reasons why the current statute was drafted the way it is. Discussion ensued regarding a provision in the bill limiting the scope of a transit officer's police authority to the period during which the transit officer is performing his or her duties.


02:38 PM

Mr. Gregg Fraser, Office of Legislative Legal Services, made himself available to respond to questions about the bill. Mr. Fraser responded to questions regarding the jurisdictional boundaries for transit officers under the bill as compared to current law, and the intent of certain provisions of SB 15-221. Discussion ensued regarding changes made by certain language in the bill. Discussion followed regarding the ability to amend the bill to limit the scope of a transit officer's police authority to the officer's line of sight.






















02:53 PM

No amendments were offered to SB 15-221. Discussion ensued regarding the potential for amending the bill going forward to address certain concerns. Representative Foote noted some statutory authorities applicable to certain law enforcement jurisdictions. Various committee members provided their positions on the bill.
BILL:SB15-221
TIME: 02:57:11 PM
MOVED:Lawrence
MOTION:Refer Senate Bill 15-221 to the Committee of the Whole. The motion passed on a vote of 12-1.
SECONDED:Pettersen
VOTE
Becker K.
Yes
Carver
Yes
Court
Yes
Dore
Yes
Foote
Yes
Lawrence
Yes
Lundeen
Yes
Pettersen
Yes
Salazar
No
Van Winkle
Yes
Willett
Yes
Lee
Yes
Kagan
Yes
Final YES: 12 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


03:01 PM -- SB15-195

Representative Hamner, prime sponsor, presented Senate Bill 15-195, concerning appropriating to the Department of Corrections moneys generated as savings from the awarding of achievement earned time to inmates. Committee members received a fact sheet about the bill, prepared by Joint Budget Committee Staff (Attachment A). Representative Hamner explained the effect of the bill and discussed its merits. The following persons testified regarding SB 15-195:

15HouseJud0423AttachA.pdf15HouseJud0423AttachA.pdf

03:05 PM -- Mr. Jack Laughlin, representing the Department of Corrections, testified in support of the bill. Mr. Laughlin responded to questions regarding potential uses for Colorado Correctional Industries revenue surpluses, and the telephone system used by the department.







03:07 PM -- Mr. Ross Kimbrel, representing the Department of Corrections, testified in support of the bill. Mr. Kimbrel responded to questions regarding potential uses for Colorado Correctional Industries revenue surpluses.


03:10 PM

No amendments were offered to SB 15-195.
BILL:SB15-195
TIME: 03:11:05 PM
MOVED:Court
MOTION:Refer Senate Bill 15-195 to the Committee on Appropriations. The motion passed on a vote of 13-0.
SECONDED:Pettersen
VOTE
Becker K.
Yes
Carver
Yes
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: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


03:12 PM -- HB15-1303

Representative Melton, prime sponsor, presented House Bill 15-1303, concerning eliminating the application of certain sentencing provisions to certain persons who are convicted of assault in the second degree. The committee heard testimony on the bill at its April 9 meeting, and amended the bill at its April 14 meeting. Representative Kagan recapped previous committee activity on the bill.












BILL:HB15-1303
TIME: 03:15:20 PM
MOVED:Court
MOTION:Reconsider amendment L.004 (Attachment B). The motion passed on a vote of 13-0.
15HouseJud0423AttachB.pdf15HouseJud0423AttachB.pdf
SECONDED:Pettersen
VOTE
Becker K.
Yes
Carver
Yes
Court
Yes
Dore
Yes
Foote
Yes
Lawrence
Yes
Lundeen
Yes
Pettersen
Yes
Salazar
Yes
Van Winkle
Yes
Willett
Yes
Lee
Yes
Kagan
Yes
YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





























03:17 PM

Representative Kagan explained the effect of prepared amendment L.006 (Attachment C). Discussion ensued regarding the effect and merits of the amendment.

15HouseJud0423AttachC.pdf15HouseJud0423AttachC.pdf
BILL:HB15-1303
TIME: 03:17:57 PM
MOVED:Kagan
MOTION:Adopt amendment L.006 (Attachment C). The motion passed on a vote of 12-1.
SECONDED:Court
VOTE
Becker K.
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
YES: 12 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS





















03:36 PM

Representative Kagan explained the effect of prepared amendment L.008 (Attachment D).

15HouseJud0423AttachD.pdf15HouseJud0423AttachD.pdf
BILL:HB15-1303
TIME: 03:37:19 PM
MOVED:Kagan
MOTION:Adopt amendment L.008 (Attachment D). The motion passed without objection.
SECONDED:Court
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






















03:38 PM
BILL:HB15-1303
TIME: 03:38:29 PM
MOVED:Court
MOTION:Refer House Bill 15-1303, as amended, to the Committee of the Whole. The motion passed on a vote of 10-3.
SECONDED:Salazar
VOTE
Becker K.
Yes
Carver
No
Court
Yes
Dore
Yes
Foote
Yes
Lawrence
No
Lundeen
Yes
Pettersen
Yes
Salazar
Yes
Van Winkle
No
Willett
Yes
Lee
Yes
Kagan
Yes
Final YES: 10 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS


03:42 PM

The committee adjourned.