Date: 02/03/2015

Final
BILL SUMMARY for HB15-1061

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
<none><none>




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.