Final
BILL SUMMARY for SB05-138

HOUSE COMMITTEE ON JUDICIARY

Votes:
Action Taken:
Amend the reengrossed bill on page 4, line 27, str
Move Amendment L.007 (Attachment E). The motion p
Move Amendment L.008 (Attachment H). The motion p
Move Amendment L.010 (Attachment F). The motion c
Move Amendment L.013 (Attachment G). The motion p
Refer SB 05-138, as amended, to the Committee of t
Sever Amendment L.010 into two sections. After Re		Pass Without Objection
Pass Without Objection
Pass Without Objection
PASS
Pass Without Objection
PASS
TIE


03:47 PM -- Senate Bill 05-138

Representative T. Carroll, the prime sponsor of SB 05-138, Concerning Procedural Changes to Strengthen the Criminal Laws, summarized the bill's provisions. Committee members were provided with a memorandum prepared by Legislative Council Staff regarding the revised fiscal impact associated with Amendment L.007 (Attachment D), and Amendments L.007 (Attachment E), L.010 (Attachment F), L.013 (Attachment G), and L.008 (Attachment H).

The following people testified on the bill:

03:53 PM -- Mr. Bob Grant, representing the Colorado District Attorney's Council, spoke in support of the bill. He responded to questions from the committee regarding the use of information that is discovered as a result of a waiver. Mr. Grant walked the committee through several sections of the bill.

04:02 PM -- Mr. Mitch Morrissey, representing the Colorado District Attorney's Council, spoke in support of Section 4 of the bill (permits testimony by closed circuit television for children under the age of 12 or developmentally disabled persons) and explained why it was necessary.

04:05 PM -- Ms. Maureen Cain, representing the Colorado Criminal Defense Bar, spoke in opposition to the bill. She voiced two concerns with the bill, specifically Section 4 of the bill and page 9, line 11, of the bill through page 10, line 8, of the bill (permits defendants to submit DNA evidence at a preliminary hearing). Ms. Cain answered questions from the committee.

04:14 PM -- Mr. Grant returned to the table to discuss Sections 6 and 7 of the bill (clarifies where violations of restraining orders or bail bonds may be addressed) and spoke to issues raised in Ms. Cain's testimony. Discussion ensued regarding these issues.

04:26 PM -- Ms. Eva Wilson, representing the Colorado District Attorney's Council, spoke in support of the bill. She discussed the rape shield provisions in Section 5 of the bill and described some problems with expanding the law in this area.

04:32 PM -- Mr. George Boyle, representing the Colorado Municipal Judges Association and the Colorado Municipal League, spoke in opposition to Amendment L.010 and explained his position.

04:36 PM -- Ms. Marcia Levy, representing the Student Law Office at the University of Denver Law School, spoke in favor of the bill and amendments.

04:43 PM -- Ms. Megan Downing, representing the Criminal Representation Project at the University of Denver (DU) Law School, spoke about her experience in the DU clinical program and spoke in support of the bill and Amendment L.010.

04:47 PM -- Ms. Anne Munch, representing the Colorado Organization for Victim's Assistance and the Colorado Coalition Against Sexual Assault, spoke in favor of the bill. She discussed Section 5 of the bill and described its impact on victims.

04:55 PM -- Mr. John Springer, representing himself, spoke in favor of the bill.

04:58 PM -- Mr. Grant stated that the Colorado District Attorney's Council does not support Amendment L.010.


04:59 PM

The chairman closed the public testimony portion of the hearing, and the committee began considering amendments.
BILL:SB05-138
TIME: 04:59:26 PM
MOVED:Carroll T.
MOTION:Move Amendment L.007 (Attachment E). The motion passed without objection.
SECONDED:McGihon
VOTE
Boyd
Brophy
Decker
Harvey
Hefley
Jahn
Judd
Kerr
McGihon
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:SB05-138
TIME: 05:01:19 PM
MOVED:Judd
MOTION:Move Amendment L.008 (Attachment H). The motion passed without objection.
SECONDED:Carroll T.
VOTE
Boyd
Brophy
Decker
Harvey
Hefley
Jahn
Judd
Kerr
McGihon
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:SB05-138
TIME: 05:02:28 PM
MOVED:Carroll T.
MOTION:Move Amendment L.013 (Attachment G). The motion passed without objection.
SECONDED:Carroll M.
VOTE
Boyd
Brophy
Decker
Harvey
Hefley
Jahn
Judd
Kerr
McGihon
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:SB05-138
TIME: 05:03:45 PM
MOVED:Carroll T.
MOTION:Move Amendment L.010 (Attachment F). The motion carried on a vote of 8-2-1.
SECONDED:Brophy
VOTE
Boyd
Yes
Brophy
Yes
Decker
No
Harvey
Yes
Hefley
Excused
Jahn
Yes
Judd
No
Kerr
Yes
McGihon
Yes
Carroll M.
Yes
Carroll T.
Yes
Not Final YES: 8 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS

Prior to the vote, the committee discussed concerns with Amendment L.010.
BILL:SB05-138
TIME: 05:07:58 PM
MOVED:Judd
MOTION:Sever Amendment L.010 into two sections. After Representative Judd described the proposed sections, the chair ruled that the amendment was not severable.
SECONDED:
VOTE
Boyd
Brophy
Decker
Harvey
Hefley
Jahn
Judd
Kerr
McGihon
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE
BILL:SB05-138
TIME: 05:19:27 PM
MOVED:Carroll T.
MOTION:Amend the reengrossed bill on page 4, line 27, strike "18-1-403 (2)" and substitute "18-1-417". The motion passed without objection.
SECONDED:Judd
VOTE
Boyd
Brophy
Decker
Harvey
Hefley
Jahn
Judd
Kerr
McGihon
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:SB05-138
TIME: 05:20:21 PM
MOVED:Harvey
MOTION:Refer SB 05-138, as amended, to the Committee of the Whole. The motion carried on a vote of 9-1-1.
SECONDED:Carroll T.
VOTE
Boyd
Yes
Brophy
Yes
Decker
No
Harvey
Yes
Hefley
Excused
Jahn
Yes
Judd
Yes
Kerr
Yes
McGihon
Yes
Carroll M.
Yes
Carroll T.
Yes
Final YES: 9 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS



05:21 PM

The chairman reminded the committee that it would hear HB 05-1287 on Tuesday, March 29, and that the committee would visit the state mental hospital in Pueblo on Thursday, March 31. The committee then adjourned.