Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:02/03/2015
ATTENDANCE
Time:01:39 PM to 07:28 PM
Buckner
X
Court
X
Place:HCR 0112
DelGrosso
X
Dore
*
This Meeting was called to order by
Foote
X
Representative Kagan
Lawrence
X
Lundeen
X
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:
HB15-1035
HB15-1018
HB15-1061		Amended, Referred to Appropriations
Amended, Referred to Public Health Care & Human Services
Witness Testimony and/or Committee Discussion Only


01:40 PM -- HB15-1035

The committee was called to order. A quorum was present. Representative Fields, prime sponsor, presented House Bill 15-1035, concerning changes to crime victim compensation. Representative Fields explained the effect of the legislation. Representative Fields responded to questions regarding how victims' compensation is distributed, and the accessing of insurance proceeds for victim recompense. Representative Fields responded to questions regarding the potential for routing victim restitution through the court of record rather than through the Crime Victim Compensation Board.


01:51 PM

The following persons testified regarding HB 15-1035:

01:51 PM -- Ms. Maureen Cain, representing the Colorado Criminal Defense Bar, testified regarding the bill. Ms. Cain noted some issues her organization has with the bill. Discussion ensued regarding forthcoming amendment L.001 (Attachment A), and whether certain restitution decisions should be made by the court rather than the Crime Victim Compensation Board. Discussion followed regarding the role of the board if these decisions were to be transferred to the court. Ms. Cain clarified her organization's position on the proper roles of the court and the board.









02:01 PM -- Mr. Tony Tilger, the State Victims' Compensation Administrator within the Division of Criminal Justice, testified in support of the bill. Mr. Tilger explained how the Crime Victim Compensation Board compensates crime victims, and discussed its interaction with the court to ensure that restitution is paid to victims. Ms. Cain explained how the bill may limit judicial discretion in the restitution process. Discussion ensued regarding the propriety of retaining court prerogative in the restitution process, and the proper roles of the board in the court in this process. Ms. Cain responded to questions regarding why her organization objects to certain functions being placed under the Crime Victim Compensation Board.


02:14 PM

Discussion ensued regarding the separation of powers in the victim restitution process, and the potential blurring of criminal and civil matters during this process under the bill. Ms. Cain responded to questions regarding how to keep the Victims' Compensation Fund whole if the court awards restitution in excess of available proceeds. Ms. Cain suggested amending the bill to address a provision in the bill that concerns the level of proof offered for restitution purposes.

02:27 PM -- Mr. Dan May, District Attorney for the Fourth Judicial District, expressed a reservation about HB 15-1035. Mr. May discussed the types of restitution allowed to be claimed in his district, and explained how a restitution claim is made and fulfilled. Mr. May provided some history about changes made to victims' restitution law over the years, and how these changes drive costs in his office. Mr. May discussed the potential for amending the bill to cover these increasing administrative costs. Mr. May addressed additional provisions in HB 15-1035.


02:39 PM
Representative Fields addressed Mr. May's claims about costs associated with changes to victim restitution laws, and discussed the potential for increasing the amount of administrative moneys going to the judicial districts. Mr. Tilger returned to discuss the victim compensation process, and compared this program to similar programs in other states. Ms. Linda Ferry and Ms. Johnna Alig, representing the Seventeenth Judicial District Compensation Program, joined Mr. Tilger. Mr. Tilger reviewed the sections of HB 15-1035, providing background on changes to the victim restitution process over the years. He noted certain crimes covered by the bill.


02:51 PM

Mr. Tilger recounted changes made to victims' compensation law over the years, and compared restitution in Colorado to other states. He continued to detail the effect of each of the sections in HB 15-1035. Mr. Tilger responded to questions regarding efforts undertaken by his office to recover subrogation costs to make the program whole. Ms. Ferry provided input on this issue.

02:59 PM -- Mr. Steve Arand, representing the Ninth Judicial District, testified in support of the bill. Mr. Arand discussed cases involving domestic crimes where recovery for the victims is sought, and the routing of victim compensation moneys to providers of services to victims. Mr. Arand discussed collections efforts to make the program whole. Discussion ensued regarding sources of funding for the Crime Victims' Compensation program, and how local governments cover the program's administrative costs. Discussion followed regarding the percentage of cases where the maximum amount of restitution is awarded. Mr. Tilger returned to provide input on this issue. Mr. Tilger responded to questions regarding how the cap on restitution awards was created, and the ability of the Crime Victim Compensation Board to accommodate high restitution awards.






03:10 PM -- Ms. Dolores Poeppel, representing the Colorado State Patrol, and Ms. Adelaide Perr, representing herself, testified in support of HB 15-1035. Ms. Peoppel discussed the lack of victim compensation for automobile accidents. Ms. Perr discussed her experience as a victim in a traffic accident while riding a bicycle and subsequent costs, which were not covered by the automobile driver's insurance. She also discussed other costs associated with the incident.

03:16 PM -- Ms. Karen Moldovan, representing the Colorado Coalition Against Sexual Assault, testified in support of the bill. Ms. Moldovan discussed sexual assault reporting, and spoke in support of the confidentiality provisions in HB 15-1035.

03:20 PM -- Ms. Lydia Waligorski, representing the Colorado Coalition Against Domestic Violence, testified in support of the bill. Ms. Waligorski discussed the use of financial resources by domestic violence offenders to victimize partners, and the importance of using Crime Victim Compensation program moneys to assist these victims.

03:24 PM -- Ms. Kelly Kissell, representing the Colorado Organization for Victim Assistance and the Eighteenth Judicial District, testified in support of the bill. Ms. Kissell discussed the work of the Crime Victim Compensation Board, and the process by which crime victim restitution is awarded. She differentiated between restitution and crime victim compensation, and explained that a crime victim may apply for both. Ms. Kissell responded to questions regarding funding levels for victims in her judicial district.


03:28 PM

The committee recessed.


03:45 PM

The committee returned to order. Representative Fields explained the effect of prepared amendment L.001 (Attachment A).

15HouseJud0203AttachA.pdf15HouseJud0203AttachA.pdf

















BILL:HB15-1035
TIME: 03:46:14 PM
MOVED:Kagan
MOTION:Adopt amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:Pettersen
VOTE
Buckner
Court
DelGrosso
Dore
Foote
Lawrence
Lundeen
Pettersen
Salazar
Van Winkle
Willett
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


03:46 PM

Representative Fields discussed prepared amendment L.002 (Attachment B), as well as the effect of a forthcoming amendment. The committee discussed the forthcoming amendment.

15HouseJud0203AttachB.pdf15HouseJud0203AttachB.pdf



















BILL:HB15-1035
TIME: 03:50:57 PM
MOVED:Court
MOTION:Adopt amendment L.004 (Attachment C). The motion passed on a vote of 8-5.
15HouseJud0203AttachC.pdf15HouseJud0203AttachC.pdf
SECONDED:Kagan
VOTE
Buckner
Yes
Court
Yes
DelGrosso
No
Dore
No
Foote
Yes
Lawrence
No
Lundeen
No
Pettersen
Yes
Salazar
Yes
Van Winkle
No
Willett
Yes
Lee
Yes
Kagan
Yes
YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS




























03:56 PM

Representative Fields provided closing remarks in support of HB 15-1035. Various committee members provided their positions on the bill. Discussion ensued regarding the diversion of Victim Compensation Fund moneys to cover administrative costs.
BILL:HB15-1035
TIME: 04:04:43 PM
MOVED:Kagan
MOTION:Refer House Bill 15-1035, as amended, to the Committee on Appropriations. The motion passed on a vote of 7-6.
SECONDED:Court
VOTE
Buckner
Yes
Court
Yes
DelGrosso
No
Dore
No
Foote
Yes
Lawrence
No
Lundeen
No
Pettersen
Yes
Salazar
Yes
Van Winkle
No
Willett
No
Lee
Yes
Kagan
Yes
Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS
























04:05 PM -- HB15-1018

Representative Danielson, prime sponsor, presented House Bill 15-1018, concerning measures protecting older Coloradans, and, in connection therewith, adding additional persons who are required to report the abuse or exploitation of senior citizens. Representative Kagan permitted discussion of several forthcoming amendments. Representative Danielson provided background on efforts to address elder abuse, explained the effect of the bill, and discussed its need. Committee members received a fact sheet from Representative Danielson in support of the bill (Attachment D). Representative Danielson explained the effect of forthcoming amendments L.001 (Attachment E), L.002 (Attachment F), and L.003 (Attachment G). Representative Danielson responded to questions regarding the effect of these amendments, and the types of transportation employees who would be required to report elder abuse under the bill as amended.

15HouseJud0203AttachD.pdf15HouseJud0203AttachD.pdf 15HouseJud0203AttachE.pdf15HouseJud0203AttachE.pdf

15HouseJud0203AttachF.pdf15HouseJud0203AttachF.pdf 15HouseJud0203AttachG.pdf15HouseJud0203AttachG.pdf


04:19 PM

Representative Danielson responded to questions regarding how the criminal provisions for failure to report in the bill would be enforced. Discussion ensued regarding the types of situations that might be erroneously reported as elder abuse under the bill and the fiscal impact of the bill. Discussion followed regarding the duties of certain persons under the bill.


04:28 PM

The following persons testified regarding HB 15-1018:

04:28 PM -- Mr. Scott Storey, representing the First Judicial District and the Colorado District Attorneys' Council, testified in support of the bill. Mr. Storey discussed the work of the Colorado Elder Abuse Task Force (task force), and the training regimen required for mandatory reporters of elder abuse. Mr. Storey discussed the types of crimes classified as elder abuse, and explained why the bill requires certain types of professionals to report elder abuse. Mr. Storey discussed the redefinition of "at risk" by the task force, and other changes to elder abuse law made by the bill. Mr. Storey responded to questions regarding federal elder abuse reporting requirements for financial professionals, and the types of transportation professionals charged with mandatory elder abuse reporting by the bill. Representative Danielson provided input on the last point.












04:44 PM

Discussion continued regarding the types of transportation professionals covered by the reporting requirements of HB 15-1018. Mr. Storey responded to questions regarding whether the bill satisfies the intent of the task force. Mr. Storey responded to questions regarding the types of professionals currently charged with reporting elder abuse by state law. Representative Danielson explained that amendment L.002 is meant to be clarifying in nature.

04:54 PM -- Ms. Renee Rivera, representing the National Association of Social Workers, Colorado Chapter, testified in support of the bill. Ms. Rivera explained that social workers are considered mental health professionals, and discussed the intent of amendment L.002.

04:57 PM -- Ms. Mary Catherine Rabbitt, representing Disability Law Colorado, testified in support of the bill. Ms. Rabbitt discussed the work of the task force, and explained how some of the professionals required to report elder abuse under the bill might help to address the elder abuse issue. Ms. Rabbitt discussed financial predation of the elderly, and certain merits of the bill. Discussion ensued regarding the propriety of creating an elder abuse reporting duty for nonprofessionals.


05:08 PM

Discussion ensued regarding the rationale behind requiring transportation professionals to be mandatory reporters of potential elder abuse. Discussion followed regarding the facilitation of training by HB 15-1035.

05:12 PM -- Mr. Ed Shackelford, representing the Colorado Senior Lobby, testified in support of the bill. Mr. Shackelford discussed past legislation seeking to address elder abuse, and noted the educational element of the bill. Mr. Shackelford discussed the impact of financial elder abuse.



























BILL:HB15-1018
TIME: 05:17:27 PM
MOVED:Kagan
MOTION:Adopt amendment L.001 (Attachment E). The motion passed without objection.
SECONDED:Lawrence
VOTE
Buckner
Court
DelGrosso
Dore
Foote
Lawrence
Lundeen
Pettersen
Salazar
Van Winkle
Willett
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
































05:19 PM

Representative Danielson explained the effect of amendment L.002.
BILL:HB15-1018
TIME: 05:19:30 PM
MOVED:Court
MOTION:Adopt amendment L.002 (Attachment F). The motion passed without objection.
SECONDED:Lee
VOTE
Buckner
Court
DelGrosso
Dore
Foote
Lawrence
Lundeen
Pettersen
Salazar
Van Winkle
Willett
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



























05:20 PM

Representative Danielson explained the effect of amendment L.003.
BILL:HB15-1018
TIME: 05:20:26 PM
MOVED:Court
MOTION:Adopt amendment L.003 (Attachment G), as amended. The motion failed on a vote of 6-7.
SECONDED:Lee
VOTE
Buckner
No
Court
No
DelGrosso
Yes
Dore
Yes
Foote
No
Lawrence
Yes
Lundeen
Yes
Pettersen
No
Salazar
No
Van Winkle
Yes
Willett
Yes
Lee
No
Kagan
No
YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL
























BILL:HB15-1018
TIME: 05:26:09 PM
MOVED:Lundeen
MOTION:Amendment L.003, Page 1, line 1, strike "3 and substitute: and substitute "3.". Page 1, strike lines 2 through 4 . The motion passed on a vote of 9-4.
SECONDED:DelGrosso
VOTE
Buckner
No
Court
No
DelGrosso
Yes
Dore
Yes
Foote
Yes
Lawrence
Yes
Lundeen
Yes
Pettersen
Yes
Salazar
No
Van Winkle
Yes
Willett
Yes
Lee
Yes
Kagan
No
YES: 9 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS


05:28 PM

The committee recessed.


























05:43 PM

The committee returned to order. Representative Danielson provided closing remarks in support of HB 15-1018.
BILL:HB15-1018
TIME: 05:47:02 PM
MOVED:Court
MOTION:Refer House Bill 15-1018, as amended, to the Committee on Public Health Care and Human Services. The motion passed on a vote of 7-6.
SECONDED:Pettersen
VOTE
Buckner
Yes
Court
Yes
DelGrosso
No
Dore
No
Foote
Yes
Lawrence
No
Lundeen
No
Pettersen
Yes
Salazar
Yes
Van Winkle
No
Willett
No
Lee
Yes
Kagan
Yes
Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS


05:50 PM -- HB15-1061

Representative Van Winkle, prime sponsor, presented House Bill 15-1061, concerning the prohibition on sealing municipal domestic violence convictions. Representative Van Winkle provided background on the hearing of domestic violence cases at the municipal level, and explained the effect of the bill. He also discussed the merits of the legislation. Representative Van Winkle explained the effect of some forthcoming amendments.
















06:07 PM

The following persons testified regarding HB 15-1061:

06:07 PM -- Ms. Christie Donner, representing Colorado Criminal Justice Reform Coalition, testified in opposition to the bill. Ms. Donner registered her organization's objections to the bill and noted some penalties associated with a domestic violence indictment. She noted the importance of employment to reducing recidivism, and the bill's potential unintended consequence of reducing education. Ms. Donner noted that her organization and ACLU would support the bill if amended. Ms. Donner responded to questions regarding the effect of prepared amendment L.006 (Attachment H), and her position on the amendment.

15HouseJud0203AttachH.pdf15HouseJud0203AttachH.pdf

06:15 PM -- Ms. Dana Sauder, representing herself, testified in opposition to the bill. She discussed the capture of women in the domestic violence system, and related her experience being classified as a domestic violence offender with a resulting deferred sentence. Ms. Sauder explained how such a classification based on a minimal conflict creates burdens for those charged. Ms. Sauder noted that a high percentage of those in her situation are not criminally violent, and discussed the impact of domestic violence charges on employment and other prospects. Ms. Sauder responded to questions regarding the charges that stemmed from her situation. Representative Van Winkle responded to questions regarding how the records associated with this charge would be handled under the bill as amended.

06:26 PM -- Ms. Maureen Cain, representing the Colorado Criminal Defense Bar, testified regarding the bill. She said her organization would be able to support the bill if amended. Ms. Cain explained how domestic violence charges are processed by the court, and the collateral consequences of such a charge. Ms. Cain responded to questions regarding how long a person would be involved with the judicial system if charged with certain crimes under current law and under the bill.

06:30 PM -- Mr. George Zierk, representing the City of Aurora and the Colorado Municipal League, testified regarding the bill. Mr. Zierk explained that the cases recounted during previous testimony would not be affected by HB 15-1061, and discussed the scope of the bill in terms of the municipalities that would be affected. Mr. Zerch discussed the types of domestic violence cases tried in Aurora, and the ability of defendants to have their records sealed in Aurora. Mr. Zierk reiterated that only five municipal courts handle domestic violence cases. He responded to questions regarding whether municipal courts hear domestic violence record sealing motions, why these courts do not assign more serious charges to higher courts, and the crimes involved with various charges.


06:45 PM

Mr. Zierk responded to questions regarding his position on holding court hearings on record sealing in his jurisdiction, and reiterated his position on HB 15-1061. Representative Van Winkle discussed the intent of amendment L.006, and the potential for amending the amendment. Discussion ensued regarding the amendment. Mr. Zierk responded to questions regarding the potential for the bill, as amended, to create parity of municipal courts with other courts in terms of record sealing. Mr. Zierk further clarified his position on the bill and amendment L.006.








06:56 PM

Mr. Zierk responded to questions regarding the ability of state and county courts to seal domestic violence records, as compared to municipal courts, and the breakdown of domestic violence cases by gender. Discussion ensued regarding the ramifications of record sealing.

07:00 PM -- Ms. Kelly Kissell, representing the Colorado Organization for Victim Assistance, testified in support of the bill in its unamended form. Ms. Kissell responded to questions regarding her organization's reservations about amendment L.006. Discussion ensued regarding the ability of a higher court to admit sealed records in court when a repeat offense has taken place.

07:05 PM -- Ms. Lydia Waligorski, representing the Colorado Coalition Against Domestic Violence, testified in support of the bill in its unamended form.

07:07 PM -- Mr. Arnold Hanuman and Ms. Jennifer Knudsen, representing the Colorado District Attorneys' Council, testified in support of HB 15-1061 in its unamended form. Mr. Hanuman discussed his organization's reservations with amendment L.006. Ms. Knudsen responded to questions regarding her prosecutorial experience in Arvada on domestic violence issues. Mr. Hanuman responded to questions regarding the population to which the record sealing considered by the bill applies, and which court records may be sealed when deferred judgements are satisfied. Ms. Knudsen responded to questions regarding the availability of deferred prosecutions for domestic violence charges, and the availability of restorative justice for municipal domestic violence cases. Discussion ensued regarding these points.


07:18 PM

Discussion ensued regarding the effect of amendment L.006 on existing law.


07:24 PM

The committee recessed.


07:27 PM

Representative Kagan laid the bill over for future consideration.


07:28 PM

The committee adjourned.