Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:04/27/2006
ATTENDANCE
Time:01:41 PM to 04:24 PM
Clapp
X
Decker
X
Place:HCR 0112
Gardner
X
Hefley
*
This Meeting was called to order by
Jahn
X
Representative Carroll T.
Judd
X
Kerr A.
*
This Report was prepared by
McGihon
*
Jennifer Moe
Witwer
X
Carroll M.
*
Carroll T.
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB06-081
SB06-004
SB06-150
HJR06-1030
HCR06-1013		Referred to Appropriations
Referred to the Committee of the Whole
Amended, Referred to Appropriations
Postponed Indefinitely
Postponed Indefinitely


01:42 PM -- Senate Bill 06-081

The chairman called the committee to order. Representative Madden, prime sponsor, presented SB 06-081, which adds "sexual orientation" and "religion" to the list of characteristics upon which employers may not discriminate. In addition, the bill allows employers to enforce a dress code that is applied consistently in the work environment, and excludes privately funded religious organizations from the definition of "employer".

The following people testified on the bill.

01:44 PM -- Mr. John Hummel, representing The Center's Legal Initiatives Project, spoke in favor of the bill. He described the types of workplace discrimination reported by gay, lesbian, bisexual, and transgender persons; and said that claims of discrimination based on sexual orientation cannot be brought under current law.

01:50 PM -- Mr. Lionel Washington, representing the Colorado Progressive Coalition, spoke in favor of the bill.










01:51 PM

The chairman closed public testimony. No amendments were offered by the committee or the bill sponsor. Representative Madden made closing comments on the bill. Committee members commented.
BILL:SB06-081
TIME: 01:56:03 PM
MOVED:McGihon
MOTION:Refer SB 06-081 to the Committee on Appropriations. The motion carried on a vote of 7-4.
SECONDED:Carroll M.
VOTE
Clapp
No
Decker
No
Gardner
No
Hefley
No
Jahn
Yes
Judd
Yes
Kerr A.
Yes
McGihon
Yes
Witwer
Yes
Carroll M.
Yes
Carroll T.
Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS


01:56 PM -- Senate Bill 06-004

Representative Butcher, prime sponsor of SB 06-004, explained why the bill was recommended by the Health Care Task Force, including potential cost savings and a reduction of security risks. The bill requires the Colorado Department of Corrections to study the state's options for providing medical services to inmates in state prisons via telemedicine (the delivery of medical services, including diagnosis, consultation, and treatment, using interactive telecommunications). In addition, the bill specifies what the report must address, and when and to whom the report must be presented. Representative Butcher responded to questions from the committee regarding why the bill authorizes a study and does not just direct the department to start using telemedicine, and the potential to use teleconferencing for inmate visitation.

The following people testified on the bill:

02:09 PM -- Dr. Cary Shames, representing the Department of Corrections (DOC), spoke in support of the bill. He stated that the study will enable them to offer medical care in all areas of the state at a lower cost, in a timely manner, and with fewer risks (including security). He responded to comments and questions from the committee about the need for and the application of the bill.

02:18 PM -- Dr. Allan Liebgott, representing Denver Health Medical Center, spoke in support of the bill. He described his experience and how telemedicine would have a positive impact on health care by reducing costs and the number of office visits. He indicated that the study would provide a third party recommendation regarding the use of telemedicine in the DOC, which would have more weight than an internal recommendation from the DOC to use telemedicine.




02:22 PM

The chairman closed public testimony. No amendments were offered by the committee or the bill sponsor. Representative Butcher made closing comments on the bill.
BILL:SB06-004
TIME: 02:24:45 PM
MOVED:Hefley
MOTION:Refer SB 06-004 to the Committee of the Whole. The motion carried on a vote of 10-0-1.
SECONDED:McGihon
VOTE
Clapp
Yes
Decker
Yes
Gardner
Yes
Hefley
Yes
Jahn
Yes
Judd
Yes
Kerr A.
Yes
McGihon
Yes
Witwer
Yes
Carroll M.
Excused
Carroll T.
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


02:25 PM -- Senate Bill 06-150

Representative Hefley, prime sponsor, discussed the provisions of SB 06-150. The reengrossed bill requires all convicted felons in the custody of the Colorado Department of Corrections to submit to DNA testing. The bill applies to adult offenders on parole or probation, in county jails, or in community correctional facilities; and to juvenile offenders who are committed to the Department of Human Services, the Division of Youth Corrections or on probation, or who were convicted of offenses that would be a felony if committed by an adult. Committee members were provided with Amendment L.006 (Attachment A).

The following people testified on the bill:

02:30 PM -- Mr. Dave Thomas, representing the Colorado District Attorney's Council, spoke in support of the bill. He explained why the bill was timely and indicated that DNA testing is more accurate than fingerprint identification methods.

02:33 PM -- Ms. Peg Ackerman, representing the Colorado Community Corrections Coalition, spoke in support of the bill. She pointed out a minor concern regarding the 30-day period, suggesting that it start when an offender arrives at a facility. The sponsor asked for clarification regarding how the bill could be amended to address the concern.









02:36 PM -- Mr. Pete Mang, representing the Colorado Bureau of Investigation, spoke in support of the bill. He underscored the benefits of DNA testing technology. He responded to questions from the committee regarding how the bill addresses privacy concerns, and the types of offenders included under the bill's provisions.

02:42 PM -- Mr. Thomas returned to the table to address the question of whether some class 6 felonies should be exempted under the bill's provisions.


02:46 PM

The chairman closed public testimony. The committee began considering amendments. At the request of the committee, Mr. Mang returned to the table to explain how information in the DNA database was required to be used.
BILL:SB06-150
TIME: 02:46:57 PM
MOVED:Hefley
MOTION:Move Amendment L.006 (Attachment A). The motion passed without objection.
SECONDED:Kerr A.
VOTE
Clapp
Decker
Gardner
Hefley
Jahn
Judd
Kerr A.
McGihon
Witwer
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


02:49 PM

Mr. Mang continued to respond to questions from the committee. Representative Hefley made closing comments on the bill.














BILL:SB06-150
TIME: 02:56:02 PM
MOVED:Hefley
MOTION:Refer SB 06-150, as amended, to the Committee on Appropriations. The motion carried on a vote of 9-2.
SECONDED:McGihon
VOTE
Clapp
Yes
Decker
No
Gardner
Yes
Hefley
Yes
Jahn
Yes
Judd
Yes
Kerr A.
Yes
McGihon
Yes
Witwer
Yes
Carroll M.
No
Carroll T.
Yes
Final YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


02:58 PM -- House Joint Resolution 06-1030

Representative Stafford, prime sponsor of HJR 06-1030, explained why she introduced the resolution, which establishes an 8-member legislative interim committee, along with a 10-member advisory board, to study specific issues related to domestic violence offenders. She stated that the Legislative Council chose not to prioritize any interim committees for 2006. Accordingly, she requested that the committee hear from the witnesses on the need to study issues related to domestic violence offenders, and asked that the committee then postpone the resolution indefinitely.

The following people testified on the resolution:

03:02 PM -- Ms. Elise Hudson, representing herself, spoke in support of the resolution and cited her experience with law enforcement. She suggested that persons who have been charged as domestic violence offenders be included on any advisory board that is formed.

03:04 PM -- Ms. Sheryle Hutter, representing herself and the Equal Justice Foundation, spoke in support of the resolution on behalf of her son, who was a victim of false domestic violence allegations.

03:09 PM -- Ms. LaRae Musselman, representing herself and the Equal Justice Foundation, spoke in support of the resolution. She responded to questions from the committee.










03:13 PM

Committee members commented.
BILL:HJR06-1030
TIME: 03:14:02 PM
MOVED:Carroll T.
MOTION:Postpone indefinitely HJR 06-1030. The motion carried on a vote of 8-3.
SECONDED:Decker
VOTE
Clapp
Yes
Decker
Yes
Gardner
Excused
Hefley
Yes
Jahn
Yes
Judd
Excused
Kerr A.
Yes
McGihon
Excused
Witwer
Yes
Carroll M.
Yes
Carroll T.
Yes
Final YES: 8 NO: 0 EXC: 3 ABS: 0 FINAL ACTION: PASS


03:14 PM -- House Concurrent Resolution 06-1013

Representative Lundberg, prime sponsor of HCR 06-1013, explained why he was bringing the resolution forward. The resolution submits a referendum to the voters to amend the Colorado Constitution to define pregnancy as "the process of gestation within a woman's body from the point of fertilization to birth." He responded to questions from the committee regarding differing definitions of pregnancy among medical organizations, and why it was necessary to amend the Colorado Constitution to add the above definition.

The following people testified on the resolution:

03:28 PM -- Rabbi Steven Foster, representing himself and the Religious Coalition For Reproductive Choice, spoke against the resolution. He explained that, in his religious tradition, life does not begin until after a child is born.

03:32 PM -- Mr. Tom Longua, representing the Colorado Right to Life Committee, spoke in support of the resolution and discussed the issues involved. Committee members were provided with information about pregnancy (Attachment B). Mr. Longua responded to questions from the committee. Representative Lundberg also commented.

03:53 PM -- Father Bill Carmody, representing himself, spoke in support of the resolution, noting how differing definitions of pregnancy are in use today and why it is necessary to have one definition and to protect the unborn.






04:03 PM -- Mr. Phillip Hendrix, representing himself and the Colorado Right to Life Committee, spoke in support of the resolution. He provided a historical perspective on the definition of pregnancy and explained why it was necessary to clarify the definition by referring it to the voters.

04:09 PM -- Ms. Kate Horle, representing Planned Parenthood, spoke against the resolution and explained why pregnancy is defined as "implantation" rather than "fertilization" by some major medical organizations.


04:14 PM

The chairman closed public testimony. No amendments were offered by the committee or the prime sponsor. Representative Lundberg made closing comments on the resolution.
BILL:HCR06-1013
TIME: 04:17:24 PM
MOVED:Clapp
MOTION:Refer HCR 06-1013 to the Committee of the Whole. A substitute motion was made thereafter, and passed (see below).
SECONDED:Decker
VOTE
Clapp
Decker
Gardner
Hefley
Jahn
Judd
Kerr A.
McGihon
Witwer
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE
BILL:HCR06-1013
TIME: 04:17:44 PM
MOVED:McGihon
MOTION:Substitute motion to postpone indefinitely HCR 06-1013. The motion carried on a vote of 5-4-2.
SECONDED:Carroll M.
VOTE
Clapp
No
Decker
No
Gardner
Excused
Hefley
No
Jahn
Yes
Judd
Excused
Kerr A.
Yes
McGihon
Yes
Witwer
No
Carroll M.
Yes
Carroll T.
Yes
Final YES: 5 NO: 4 EXC: 2 ABS: 0 FINAL ACTION: PASS


04:24 PM

The committee adjourned.