Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:03/07/2006
ATTENDANCE
Time:10:49 AM to 11:17 AM
Boyd
X
Clapp
X
Place:HCR 0112
Decker
X
Gardner
*
This Meeting was called to order by
Hefley
*
Representative Carroll T.
Jahn
*
Judd
X
This Report was prepared by
McGihon
*
Carl Jarrett
Witwer
X
Carroll M.
X
Carroll T.
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB06-1350
HB06-1353		Postponed Indefinitely
Referred to the Committee of the Whole

10:50 AM -- House Bill 06-1350

The chair placed HB 06-1350 regarding the unlawful taking of a child back on the table and representative Paccione explained the provisions of prepared amendment L.003 (Attachment A). (For prior committee discussion on this bill, see Staff Summary of Meeting dated Thursday, March 2, 2006).
BILL:HB06-1350
TIME: 10:52:18 AM
MOVED:Boyd
MOTION:Prepared amendment L.003 (Attachment A).
SECONDED:Witwer
VOTE
Boyd
Clapp
Decker
Gardner
Hefley
Jahn
Judd
McGihon
Witwer
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
Representative Paccione responded to committee questions regarding the difference between the proposed offense of unlawful taking of a child in prepared amendment L.003 and the offenses of kidnaping under current law.


11:01 AM

Representative Paccione provided closing comments on the bill.
BILL:HB06-1350
TIME: 11:02:11 AM
MOVED:Boyd
MOTION:Refer the bill to the Committee of the Whole. The motion failed on a 5-6 roll call vote.
SECONDED:Jahn
VOTE
Boyd
Yes
Clapp
No
Decker
No
Gardner
No
Hefley
No
Jahn
Yes
Judd
No
McGihon
Yes
Witwer
No
Carroll M.
Yes
Carroll T.
Yes
Not Final YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL
BILL:HB06-1350
TIME: 11:03:20 AM
MOVED:Decker
MOTION:Postpone the bill indefinitely. The motion carried on a 7-4 roll call vote.
SECONDED:Clapp
VOTE
Boyd
No
Clapp
Yes
Decker
Yes
Gardner
Yes
Hefley
Yes
Jahn
No
Judd
Yes
McGihon
Yes
Witwer
Yes
Carroll M.
No
Carroll T.
No
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS








11:04 AM -- House Bill 06-1353

Representative T. Carroll, bill sponsor, explained the provisions of HB 06-1353 creating a new study issue for the Task Force for the Continuing Examination of the Study of the Treatment of Persons with Mental Illness who are Involved in the Criminal Justice System. Representative Carroll noted the Colorado Psychiatric Association and the County Sheriffs of Colorado support the bill.


11:07 AM

Larry Botnick, Colorado - National Association of Social Workers, spoke in support of the bill. He spoke to the lack of standards in competency evaluations for adults and to the problems this presents to courts in determining competency.


11:09 AM

Dave Thomas, Colorado District Attorneys Council, Colorado Psychiatric Association, and the Colorado Criminal Defense Bar, spoke in support of the bill. He explained how competency evaluations are used by courts and spoke to the importance of competency evaluations. He provided some detail on the course of criminal proceedings when competency evaluations are involved.


11:16 AM

Representative Carroll provided closing comments on the bill.
BILL:HB06-1353
TIME: 11:16:31 AM
MOVED:Carroll T.
MOTION:Refer the bill to the Committee of the Whole. The motion carried on an 11-0 roll call vote.
SECONDED:Jahn
VOTE
Boyd
Yes
Clapp
Yes
Decker
Yes
Gardner
Yes
Hefley
Yes
Jahn
Yes
Judd
Yes
McGihon
Yes
Witwer
Yes
Carroll M.
Yes
Carroll T.
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


11:17 AM

The committee adjourned.