Date: 03/17/2015

Final
BILL SUMMARY for HB15-1218

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Adopt amendment L.006 (Attachment C). The motion p
Refer House Bill 15-1218, as amended, to the Commi		Pass Without Objection
PASS



01:35 PM -- HB15-1218

The committee was called to order. A quorum was present. Representative Fields, prime sponsor, presented House Bill 15-1218, concerning the right of parties in a class 1 felony case to refuse contact with defense-initiated victim outreach specialists (DIVOs). Representative Fields provided background on DIVOs, and discussed the need for the legislation.


01:39 PM

The committee recessed.


01:40 PM

The committee returned to order. Committee members received a newspaper editorial about DIVOs (Attachment A). Discussion ensued regarding prepared amendments L.008 (Attachment B) and L.006 (Attachment C). The following persons testified regarding HB 15-1218:

15HouseJud0317AttachA.pdf15HouseJud0317AttachA.pdf 15HouseJud0317AttachB.pdf15HouseJud0317AttachB.pdf

15HouseJud0317AttachC.pdf15HouseJud0317AttachC.pdf

01:44 PM -- Ms. Nancy Lewis, representing the Colorado Organization for Victim Assistance, testified in support of the bill. Ms. Lewis discussed the harm caused by victims being approached by DIVOs. Ms. Lewis responded to questions regarding complaints lodged by victims against DIVOs, and the need for the legislation. Discussion ensued regarding how the various parties associated with a criminal case identify themselves to victims and others.

01:49 PM -- Mr. Robert Autobee, representing himself, testified in opposition to the bill. Mr. Autobee discussed his experiences as the father of a murder victim, and his subsequent encounter with a DIVO. Mr. Autobee discussed his conversion to an opponent of the death penalty, and the seeking of death penalty convictions by prosecutors in Colorado. Mr. Autobee responded to questions regarding how a DIVO contacted him. Representative Fields discussed her experience being contacted by a DIVO.

01:58 PM -- Mr. Steve Siegel, representing the Colorado Organization for Victim Assistance, testified in support of HB 15-1218. Mr. Siegel suggested that the bill is not about the death penalty, and reiterated the effect of the legislation. Mr. Siegel responded to questions regarding the crimes that are the subject of the bill.

02:02 PM -- Mr. Doug Wilson, representing the Office of the State Public Defender, testified in opposition to the bill. Mr. Wilson discussed the genesis of the DIVO initiative, and some potential constitutional issues associated with the bill as introduced. Mr. Wilson addressed earlier questions about the crimes addressed by the bill, and discussed certain guidelines promulgated by the American Bar Association pertaining to communications concerning death penalty cases. Mr. Wilson discussed self-identification by DIVOs, and the potential impact of the bill on the restorative justice process in Colorado. Mr. Wilson explained that amendment L.006 would codify current practice, while other iterations of the bill may be unconstitutional. Mr. Wilson responded to questions regarding practices undertaken by DIVOs, and the relationship between DIVOs and public defenders.


02:14 PM

Discussion ensued regarding the scope of operations of DIVOs. Mr. Wilson responded to questions regarding how he would direct a DIVO who was asked by a victim to cease contact, and ethical standards observed by those who employ DIVOs.

02:19 PM -- Ms. Kate Stimson, representing herself, testified in opposition to the bill. Ms. Stimson discussed her encounters with DIVOs while engaged in death penalty defense work, and the relationship between DIVOs and the defense in death penalty cases. She discussed the use of a DIVO during the case involving Mr. Autobee's family. Ms. Stimson responded to questions regarding her position on amendment L.006.

02:27 PM -- Ms. Lindy Frolich, representing the Office of the Alternate Defense Counsel, testified in opposition to the bill. Ms. Frolich discussed the scope of the use of DIVOs, and the ethics guidelines guiding the conduct of DIVOs. Ms. Frolich responded to questions regarding the sanctions that a DIVO might face for not self-identifying to victims or families.

02:33 PM -- Mr. Tom Raynes, representing the Colorado District Attorneys' Council, testified in support of the bill, as amended by amendment L.006. Mr. Raynes addressed issues raised during earlier testimony.

02:36 PM -- Ms. Jennifer Anderson, representing the Attorney General's Office, testified in support of the bill. Ms. Anderson explained that there may be a way to amend the bill to address certain concerns while maintaining its constitutionality. Ms. Anderson responded to questions regarding the relationship between her office and the Office of the State Public Defender, and potential conflicts of interest over the bill as a result.


02:39 PM

Representative Fields discussed the exclusion of certain parties under the amendment. Representative Kagan related his experiences with DIVOs during his work as a litigator, lending his support to the amendment.
BILL:HB15-1218
TIME: 02:39:57 PM
MOVED:Kagan
MOTION:Adopt amendment L.006 (Attachment C). The motion passed without objection.
SECONDED:Court
VOTE
Buckner
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


02:44 PM

Representative Fields provided closing remarks in support of HB 15-1218, as amended. Discussion ensued regarding balance in the adversarial court process.
BILL:HB15-1218
TIME: 02:45:16 PM
MOVED:Court
MOTION:Refer House Bill 15-1218, as amended, to the Committee of the Whole. The motion passed on a vote of 13-0.
SECONDED:Pettersen
VOTE
Buckner
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