Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:03/05/2015
ATTENDANCE
Time:01:34 PM to 02:59 PM
Becker K.
X
Carver
X
Place:HCR 0112
Court
X
Dore
X
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
*
Kagan
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB15-013
HB15-1183
HB15-1131		Amended, Referred to the Committee of the Whole
Referred to the Committee of the Whole
Amended, Referred to Appropriations


01:35 PM -- SB15-013

The committee was called to order. A quorum was present. Representatives Court and Coram, prime sponsors, presented Senate Bill 15-013, concerning extending the deadline for peace officers to complete dog encounter training to June 30, 2015. The following persons testified regarding the bill:

01:37 PM -- Ms. Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill. Ms. Ackerman discussed the training undertaken by law enforcement pursuant to the Dog Protection Act.


01:38 PM

Representative Coram explained the effect of prepared amendment L.001 (Attachment A).

15HouseJud0305AttachA.pdf15HouseJud0305AttachA.pdf









BILL:SB15-013
TIME: 01:38:55 PM
MOVED:Court
MOTION:Adopt amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:Salazar
VOTE
Becker K.
Carver
Court
Dore
Foote
Lawrence
Lundeen
Pettersen
Salazar
Van Winkle
Willett
Lee
Excused
Kagan
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
































01:39 PM

Representative Court provided closing remarks in support of SB 15-013. Discussion ensued regarding amendment L.001.
BILL:SB15-013
TIME: 01:40:36 PM
MOVED:Court
MOTION:Refer Senate Bill 15-013, as amended, to the Committee of the Whole. The motion passed on a vote of 12-0.
SECONDED:Salazar
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
Excused
Kagan
Yes
Final YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


01:41 PM -- HB15-1183

Representative Fields, prime sponsor, presented House Bill 15-1183, concerning the admission of a child's statements describing attempted acts of unlawful sexual offense. Representative Fields provided background on legislation passed previously concerning out-of-court statements, and explained the effect of the bill. The following persons testified regarding HB 15-1183:

01:43 PM -- Ms. Diana Goldberg, representing the Colorado Children's Alliance and Sungate Kids, testified in support of the bill. Ms. Goldberg discussed the work in which she engages, and the circumstances of the children she often encounters at Sungate Kids. Ms. Goldberg responded to questions regarding the problems that the bill seeks to address. Ms. Goldberg responded to questions regarding the circumstances under which a child's statement is allowed in court.










01:50 PM -- Mr. Tom Raynes, representing the Colorado District Attorneys' Council, testified in support of the bill. Mr. Raynes discussed the genesis of the legislation, and the process by which a child may provide information to the court during criminal proceedings associated with allegations of certain crimes. Mr. Raynes responded to questions regarding the reasons why current law pertaining to out-of-court statements by children needs to be altered, and why the issue was not addressed earlier. Mr. Raynes responded to questions regarding jurisprudence pertaining to the issue of child out-of-court statements, and the process of amending statutes to address court rulings. Mr. Raynes addressed a hypothetical situation.

01:59 PM -- Ms. Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill. Ms. Ackerman noted that the sheriffs are sensitive to not retraumatizing children who have already been traumatized.


02:00 PM

No amendments were offered to HB 15-1183. Representative Fields provided closing remarks in support of the bill. Various committee members provided their positions on the bill.
BILL:HB15-1183
TIME: 02:02:45 PM
MOVED:Court
MOTION:Refer House Bill 15-1183 to the Committee of the Whole. The motion passed on a vote of 13-0.
SECONDED:Van Winkle
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












02:04 PM -- HB15-1131

Representatives Lee and Esgar, prime sponsors, 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. Representative Lee explained the effect of the bill and discussed its need. Representative Esgar further discussed the merits of the legislation, and the effect of prepared amendment L.006 (Attachment B), a strike-below amendment. Representative Lee responded to questions regarding an exception in the amendment, and the definition of "critical incident" in the amendment. Representative Lee clarified the intent of language in amendment L.006 referencing the Department of Human Services.

15HouseJud0305AttachB.pdf15HouseJud0305AttachB.pdf

02:22 PM

The following persons testified regarding HB 15-1131:

02:22 PM -- Dr. Skip Barber, representing the Colorado Association of Family and Children's Agencies, testified in support of the bill. Dr. Barber discussed the type of information that the facilities he represents are required to report to the Department of Human Services. Dr. Barber responded to questions regarding the clarity of the definitions in amendment L.006.

02:25 PM -- Ms. Jennifer Corrigan and Mr. Robert Werthwein, representing the Department of Human Services, testified in support of the bill. Ms. Corrigan discussed the collaborative approach on drafting the bill. Mr. Werthwein discussed transparency efforts on the part of the department pertaining to its youth services functions. Mr. Werthwein responded to questions regarding potential drawbacks to making public information pertaining to critical incidents in Division of Youth Corrections facilities. Mr. Werthwein responded to questions regarding the definition of "critical incident" in the amendment. Discussion ensued on this point.


02:32 PM

The committee discussed a number of amendments to amendment L.006. Discussion ensued regarding the term "unauthorized" in amendment L. 008 (Attachment C).

15HouseJud0305AttachC.pdf15HouseJud0305AttachC.pdf

02:39 PM

The committee recessed.











02:42 PM

The committee returned to order. Representative Lee responded to questions regarding the effect of amendment L.008. Dr. Barber returned to provide his position on amendment L.008, and what constitutes reckless behavior in the context of the amendment. Representative Lee explained the effect of amendment L.009 (Attachment D). Discussion ensued regarding the statute of limitations for accessing records. Representative Lee explained the effect of amendment L.010 (Attachment E). Representative Lee explained the effect of amendment L.011 (Attachment F). Discussion ensued regarding the position of the bill's Senate sponsors on amendment L.006.

15HouseJud0305AttachD.pdf15HouseJud0305AttachD.pdf 15HouseJud0305AttachE.pdf15HouseJud0305AttachE.pdf

15HouseJud0305AttachF.pdf15HouseJud0305AttachF.pdf
BILL:HB15-1131
TIME: 02:37:50 PM
MOVED:Lee
MOTION:Adopt amendment L.006 (Attachment B). 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











BILL:HB15-1131
TIME: 02:54:57 PM
MOVED:Lee
MOTION:Adopt amendment L.011 (Attachment F). 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

BILL:HB15-1131
TIME: 02:52:43 PM
MOVED:Lee
MOTION:Adopt amendment L.010 (Attachment E). The motion passed without objection.
SECONDED:Willett
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



BILL:HB15-1131
TIME: 02:50:20 PM
MOVED:Lee
MOTION:Adopt amendment L.009 (Attachment D). The motion passed without objection.
SECONDED:Pettersen
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




























BILL:HB15-1131
TIME: 02:38:10 PM
MOVED:Lee
MOTION:Adopt amendment L.008 (Attachment C). The motion passed without objection.
SECONDED:Salazar
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:
































02:57 PM
BILL:HB15-1131
TIME: 02:57:52 PM
MOVED:Lee
MOTION:Refer House Bill 15-1131, as amended, to the Committee on Appropriations. The motion passed on a vote of 13-0.
SECONDED:Salazar
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


02:59 PM

The committee adjourned.