House Committee on Judiciary (02/09/2006)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:	02/09/2006	ATTENDANCE

Time:	01:41 PM to 09:36 PM	Boyd	X
		Clapp	X
Place:	HCR 0112	Decker	X
		Gardner	X
This Meeting was called to order by		Hefley	X
	Representative Carroll T.	Jahn	X
		Judd	*
This Report was prepared by		McGihon	X
	Jessika Shipley	Witwer	X
		Carroll M.	X
		Carroll T.	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB06-1151 HB06-1092 HB06-1128 HB06-1122 HB06-1166 HB06-1169 HB06-1145 HB06-1022 HB06-1111 HB06-1080 HB06-1102		Amended, Referred to Appropriations Referred to Appropriations Postponed Indefinitely Amended, Referred to the Committee of the Whole Referred to Health and Human Services Amended, Referred to the Committee of the Whole Amended, Referred to Appropriations Postponed Indefinitely Amended, Referred to Appropriations Amended, Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole

01:43 PM -- House Bill 06-1151

Representative Hefley, prime sponsor, introduced the bill, which concerns the crime of felony child abuse. Representative Hefley provided some of the facts that lead to the drafting of this bill. The bill has been introduced before, but this version is more complete. It adds specific severe conditions as a basis for the felony crime of child abuse, and specifies the evidence by which such severe emotional damage may be proven.

01:48 PM -- Terry Makita, Sheriff of El Paso County, spoke in support of the bill. Sheriff Makita discussed situations in El Paso County of extreme child abuse and he believes this bill provides a tool to law enforcement officials to intervene on behalf of abused children.

01:49 PM -- John Newsome, District Attorney of El Paso and Teller Counties, spoke in support of the bill. Mr. Newsome provided some details of serious child abuse cases that were prosecuted as misdemeanors.

01:51 PM -- Maureen Cain, Colorado Criminal Defense Bar, spoke in support of the bill. Ms. Cain stated that this bill looks at the behavior of a defendant and takes into account the circumstances of each case. She then responded to questions from the committee regarding prepared amendment L.003.

01:56 PM -- Jon Mueller, El Paso County Sheriff's Office, spoke in support of the bill. Deputy Mueller discussed the bill from the perspective a peace officer.

01:58 PM -- Dora Lee Larson, Colorado Coalition Against Domestic Violence, spoke in support of the bill. Ms. Larson organization provides resources to victims of domestic violence.

01:59 PM -- Lori Burkey, Executive Director of Colorado Court-Appointed Special Advocates, spoke in support of the bill. Ms. Burkey discussed the various non-physical ways that children can be abused and stated that she believes this bill would help to limit the destructive impact of abuse to children and society.

02:01 PM -- Peg Long, Executive Director of the Colorado Association of Family Child Advocates , spoke in support of the bill as amended.

02:03 PM -- Carol Chambers, District Attorney of the 18th Judicial District, spoke in support of the bill. Ms. Chambers provided anecdotal evidence of cases of severe emotional child abuse.

02:05 PM


BILL:	HB06-1151
TIME:	02:07:25 PM
MOVED:	Hefley
MOTION:	Moved prepared amendment L.005 (Attachment A). The motion passed without objection.
SECONDED:	Witwer
		VOTE
	Boyd
	Clapp
	Decker
	Gardner
	Hefley
	Jahn
	Judd
	McGihon
	Witwer
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1151
TIME:	02:08:03 PM
MOVED:	Hefley
MOTION:	Moved prepared amendment L.004 (Attachment B). The motion passed without objection.
SECONDED:	Gardner
		VOTE
	Boyd
	Clapp
	Decker
	Gardner
	Hefley
	Jahn
	Judd
	McGihon
	Witwer
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1151
TIME:	02:08:44 PM
MOVED:	Hefley
MOTION:	Moved prepared amendment L.003 (Attachment C). The motion carried without objection.
SECONDED:	Boyd
		VOTE
	Boyd
	Clapp
	Decker
	Gardner
	Hefley
	Jahn
	Judd
	McGihon
	Witwer
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1151
TIME:	02:09:03 PM
MOVED:	Hefley
MOTION:	Moved to refer the bill to the Committee on Appropriations, as amended, with a favorable recommendation. The motion passed on a unanimous 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

02:11 PM -- House Bill 06-1092

Representative Schulteis, prime sponsor, presented the bill, which concerns increasing the penalty for sexual exploitation of a child by possession of sexually exploitative material. Representative Schulteis read the legislative declaration from the current statute to emphasize the need for this legislation. The bill increases the penalty for sexual exploitation by possession of sexually exploitative material from a class 1 misdemeanor to a class 6 felony.

02:15 PM -- John Newsome, District Attorney for El Paso and Teller Counties, spoke in support of the bill. Mr. Newsome provided some statistics regarding child pornography cases in his district. He then responded to questions from the committee about how these cases are investigated.

02:19 PM -- Clayton Blackwell, Colorado Springs Police Department, spoke in favor of the bill. Detective Blackwell discussed the process by which he investigates sexual exploitation cases and what is involved in the images he sees in the course of his duties. He responded to questions from the committee regarding the process of investigating child pornography cases.

02:24 PM -- Terry Makita, Sheriff of El Paso County, spoke in support of the bill. Sheriff Makita discussed the difficulty of investigating these sorts of cases and the fact that the offense is currently a misdemeanor. He stated that this legislation would create tools for law enforcement officials to handle child pornography cases as serious matters.

02:27 PM -- John San Augustine, El Paso County Sheriff's Department, spoke in support of the bill. Deputy San Augustine discussed the rising numbers of child pornography cases in El Paso County and some of the obstacles to gathering clear and convincing evidence of wrongdoing.

02:30 PM -- Tamika Payne, Executive Director of the Colorado Coalition Against Sexual Assault, spoke in support of the bill. Ms. Payne discussed the link between individuals who possess child pornography and those who commit sexual assault on a child. She stressed the importance of removing as much child pornography from circulation.


BILL:	HB06-1092
TIME:	02:33:14 PM
MOVED:	Hefley
MOTION:	Moved House Bill 06-1092 to the Committee on Appropriations with a favorable recommendation. The motion passed on a unanimous roll call vote.
SECONDED:	Gardner
		VOTE
	Boyd	Yes
	Clapp	Yes
	Decker	Yes
	Gardner	Yes
	Hefley	Yes
	Jahn	Yes
	Judd	No
	McGihon	No
	Witwer	Yes
	Carroll M.	Yes
	Carroll T.	Yes
Not Final YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:37 PM -- House Bill 06-1128

Representative Schulteis, prime sponsor, presented House Bill 06-1128. The bill concerns first degree murder of a fetus. It makes killing a fetus in certain circumstances a class 1 felony. The bill creates a list of affirmative defenses to a charge involving the killing of a fetus. Representative Schulteis discussed similar laws in other states and stressed that this bill has nothing to do with abortion.

02:39 PM -- Dr. Warren Hern, Boulder Abortion Clinic, spoke in opposition to the bill. Dr. Hern stated that this bill singles out physicians who are performing a legal surgical procedure. He also stated his opinion that the bill is unconstitutional. Dr. Hern responded to questions from the committee regarding the effect of this legislation on physicians who perform abortions. The committee discussed the language in the bill and whether or not it exempts legal abortions. The committee also discussed the difference between an exemption and an affirmative defense.

02:50 PM -- Kevin Paul, Planned Parenthood of the Rocky Mountains, spoke against the bill. Mr. Paul discussed the difference between an exception drafted into the elements of a bill and affirmative defenses listed in the bill. He also discussed the protection of medical information and the right to privacy. He then raised issues of constitutionality of the bill. Mr. Paul responded to questions from the committee regarding prepared amendment L.002 (Attachment D).

02:58 PM -- Kathryn Wittneben, NARAL Pro-Choice Colorado, spoke in opposition to the bill. Ms. Wittneben provided a written statement to the committee, which stated that this bill is a scare tactic against women and doctors who perform abortions in Colorado (Attachment E). She also discussed the possible triggering mechanism that would allow unchecked examination of medical records by law enforcement officials.

03:02 PM -- Kate Horle, Planned Parenthood of the Rocky Mountains, spoke against the bill. Ms. Horle discussed the problems surrounding medical confidentiality that are created by this bill.

03:05 PM -- Susan Isabel, private citizen, spoke against the bill. Ms. Isabel stated that she believes this bill will interfere with reproductive freedom and health choices for women.

03:07 PM -- John Newsome, District Attorney for El Paso and Teller Counties, spoke in support of the bill. Mr. Newsome discussed the intent in drafting the bill and stated that there was no intent to criminalize abortion. He also talked about states that have laws such as this one and how he does not know of any cases in those states where abortion is being prosecuted under the guise of this law.

03:13 PM -- Erin Lea Hanson, private citizen, spoke in support of the bill. Ms. Hanson provided a personal anecdote to the committee.

03:15 PM -- Carla Neal, private citizen, spoke in support of the bill. Ms. Neal provided a personal anecdote to the committee.

03:20 PM -- Terry Makita, Sheriff of El Paso County, spoke in support of the bill. Sheriff Makita discussed the intent to give respect to all of the victims of an act of first degree murder, including unborn children.


BILL:	HB06-1128
TIME:	03:23:51 PM
MOVED:	Decker
MOTION:	Moved prepared amendment L.002 (Attachment D). The motion passed without objection.
SECONDED:	Gardner
		VOTE
	Boyd
	Clapp
	Decker
	Gardner
	Hefley
	Jahn
	Judd
	McGihon
	Witwer
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1128
TIME:	03:25:56 PM
MOVED:	Witwer
MOTION:	Moved prepared amendment L.003 (Attachment F). The motion passed on a vote of 8-3.
SECONDED:	Gardner
		VOTE
	Boyd	No
	Clapp	Yes
	Decker	Yes
	Gardner	Yes
	Hefley	Yes
	Jahn	No
	Judd	Yes
	McGihon	No
	Witwer	Yes
	Carroll M.	Yes
	Carroll T.	Yes
Not Final YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

The committee discussed the scope of the amendment.


BILL:	HB06-1128
TIME:	03:33:45 PM
MOVED:	Gardner
MOTION:	Moved House Bill 06-1128 to the Committee on Appropriations as amended. There was a substitute motion made to postpone indefinitely.
SECONDED:	Decker
		VOTE
	Boyd
	Clapp
	Decker
	Gardner
	Hefley
	Jahn
	Judd
	McGihon
	Witwer
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: TIE


BILL:	HB06-1128
TIME:	03:35:35 PM
MOVED:	McGihon
MOTION:	Substitute motion to postpone House Bill 06-1128 indefinitely. The motion passed on a roll call vote of 6-5.
SECONDED:	Judd
		VOTE
	Boyd	Yes
	Clapp	No
	Decker	No
	Gardner	No
	Hefley	No
	Jahn	Yes
	Judd	Yes
	McGihon	Yes
	Witwer	No
	Carroll M.	Yes
	Carroll T.	Yes
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:52 PM -- House Bill 06-1122

Representative Todd, prime sponsor, presented House Bill 06-1122 concerning procedures relating to missing persons. The bill requires law enforcement officials to accept missing person reports promptly and specifies the minimum actions a law enforcement agency may take upon receiving such a report. The bill also prohibits the cremation of unidentified human remains until all records have been transmitted to the National Crime Information Center and the Colorado Bureau of Investigation.

03:52 PM -- Terry Makita, El Paso County Sheriff's Office, spoke in support of the bill. Sheriff Makita discussed the jurisdictional ambiguities addressed by this bill. The bill requires all law enforcement agency to accept missing persons reports.

03:54 PM -- Robert Bristow, Project Jason, spoke in support of the bill. Project Jason provides outreach and educational activities to raise awareness of missing persons. Mr. Bristow stated that this bill provides law enforcement with additional tools to assist them in finding missing persons and identifying bodies more quickly. He provided the committee with several statistics regarding missing persons in the United State.

03:57 PM -- Michael Doberson, Colorado Coroner's Association and the Colorado Regional Missing Persons Team, spoke in support of the bill. Dr. Doberman reiterated prior testimony regarding this bill providing law enforcement with additional tools to assist them in finding missing persons and identifying bodies more quickly. He cited statistics about missing persons in Colorado. He then responded to questions from the committee about the training that coroners will need in order to comply with the provisions of this bill.

04:01 PM -- Tamika Payne, Colorado Coalition Against Sexual Assault, spoke in support of the bill. Ms. Payne stated that the bill will help to ensure quality control for evidence in situations of rape and homicide.


BILL:	HB06-1122
TIME:	04:02:14 PM
MOVED:	Carroll M.
MOTION:	Moved prepared amendment L.001 (Attachment G). The motion passed without objection.
SECONDED:	Decker
		VOTE
	Boyd
	Clapp
	Decker
	Gardner
	Hefley
	Jahn
	Judd
	McGihon
	Witwer
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

04:04 PM

Representative Todd wrapped up her presentation and asked for a favorable recommendation.


BILL:	HB06-1122
TIME:	04:06:07 PM
MOVED:	Hefley
MOTION:	Refer House Bill 06-1122 to the Committee of the Whole, as amended, with a favorable recommendation. The motion passed on a vote of 11-0.
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

03:45 PM -- House Bill 06-1166

Representative Judd, prime sponsor, moved to refer the bill to the Committee on Health and Human Services, due to a conflict of interest with a committee member.


BILL:	HB06-1166
TIME:	03:46:30 PM
MOVED:	Judd
MOTION:	Moved House Bill 06-1166 to the Committee on Health and Human Services. The motion passed on a vote of 8-2, with one excused.
SECONDED:	Boyd
		VOTE
	Boyd	Yes
	Clapp	Yes
	Decker	Yes
	Gardner	No
	Hefley	No
	Jahn	Yes
	Judd	Yes
	McGihon	Yes
	Witwer	Yes
	Carroll M.	Yes
	Carroll T.	Excused
Final YES: 8 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS

04:08 PM -- House Bill 06-1169

Representative Decker, prime sponsor, presented House Bill 06-1169 to the committee. The bill concerns the protection of personal information in domestic case filings that are open to inspection by the public. It makes certain documents filed in a domestic relations matter confidential. These include the financial affidavits of each party, the parenting plan of the parties submitted as a separate document from the separation agreement; a record of an interview with a child by a judge; a filed report of a legal representative of the child; specific marital agreements; and a schedule setting forth an itemization of property, liabilities, or details of obligations undertaken by the parties in a stipulation or other agreement of the parties. The bill gives certain enumerated persons access to the confidential matters. Representative Decker responded to questions from the committee regarding access to records.

04:21 PM -- Twanna LaTrice Hill, Colorado Coalition Against Domestic Violence, spoke in support of the bill. Ms. LaTrice Hill stated that the bill is a step toward protecting domestic violence victims.

04:22 PM -- Linda Bowers, Colorado Judicial Department, assisted in drafting the bill and was available for questions. Ms. Bowers responded to questions from the committee about who can currently access domestic relations records.

04:24 PM -- Steve Sirinski, private citizen, spoke in opposition to the bill. He stated the high cost of copying records as the reason for his opposition. The committee discussed the issues of reasonable fees and speedy review of cases at length.


BILL:	HB06-1169
TIME:	04:34:44 PM
MOVED:	Decker
MOTION:	Moved prepared amendment L.001 (Attachment H). The motion passed without objection.
SECONDED:	Carroll M.
		VOTE
	Boyd
	Clapp
	Decker
	Gardner
	Hefley
	Jahn
	Judd
	McGihon
	Witwer
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1169
TIME:	04:35:24 PM
MOVED:	McGihon
MOTION:	Moved prepared amendment L.002 (Attachment I). The motion was withdrawn after the committee decided to accomplish the task on second reading.
SECONDED:	Carroll M.
		VOTE
	Boyd
	Clapp
	Decker
	Gardner
	Hefley
	Jahn
	Judd
	McGihon
	Witwer
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: WITHDRAWN


BILL:	HB06-1169
TIME:	04:36:10 PM
MOVED:	McGihon
MOTION:	McGihon conceptual amendment on line 4 of prepared amendment L.002, after "FILING" insert ", INCLUDING EXHIBITS," The motion was withdrawn after the committee decided to accomplish the task on second reading.
SECONDED:	Carroll M.
		VOTE
	Boyd
	Clapp
	Decker
	Gardner
	Hefley
	Jahn
	Judd
	McGihon
	Witwer
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: WITHDRAWN


BILL:	HB06-1169
TIME:	04:38:45 PM
MOVED:	Decker
MOTION:	Refer House Bill 06-1169 to the Committee of the Whole, as amended, with a favorable recommendation. The motion passed on a vote of 11-0.
SECONDED:	Witwer
		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

04:41 PM -- House Bill 06-1145

Representative Solano, prime sponsor, presented House Bill 06-1145 concerning the methamphetamine problem in Colorado and provided statistics. She explained the bill section by section. The bill creates a legislative oversight committee to examine the prevention, intervention, and treatment of the abuse of methamphetamine. It also strengthens the laws concerning methamphetamine. Representative Solano responded to questions from the committee regarding possession of various amounts of methamphetamine.

04:45 PM -- Pat Ridley, Colorado Criminal Defense Bar, spoke in opposition to the bill. Mr. Ridley discussed his opposition to language that would create an offense of child abuse for individuals charged with manufacturing methamphetamine while a child is present. His concern is that this bill singles out the act of methamphetamine use for increased penalties when children are present. Mr. Ridley responded to questions from the committee regarding an appropriate way to amend the bill in order to mitigate the constitutional issues raised.

04:53 PM -- Chris Howes, Colorado Retail Council and Colorado Pharmacists Society, spoke in opposition to the bill. Mr. Howes' opposition is addressed by prepared amendment L.001 (Attachment J), which deals with the sale of cold medicine. Mr. Howes responded to questions from the committee regarding how much cold medicine can currently be sold to consumers. The committee also discussed at length the issue of criminal liability for the sale of cold medicine.

05:04 PM -- Don Quick, District Attorney for the 17th Judicial District and the Colorado District Attorney's Council, spoke in support of the bill. Mr. Quick discussed methamphetamine cases in Adams and Broomfield Counties. He provided statistics about the percentage of methamphetamine cases in relation to overall arrests. Mr. Quick also discussed the inherent dangers of producing methamphetamine. Mr. Quick responded to questions from the committee regarding criminal liabilities for sale of methamphetamine precursor drugs. Mr. Quick also responded to committee questions regarding the legislative oversight committee as proposed in the bill and regarding the proposal to place cold medicine behind the counter. In response to a committee question, Mr. Quick re-iterated that no action need be taken to amend lines 8 through 11 of page 1 of prepared amendment L.002 (Attachment K) since the crime of child abuse is already a strict liability crime under Colorado law.

05:39 PM -- Peg Long, Colorado Association of Family and Children's Agencies, spoke in support of the bill. Ms. Long asked the committee to consider children who are victims and users of methamphetamine. She urged the committee to support the bill.

05:41 PM -- Carmelita Muniz, Colorado Association of Alcohol and Drug Service Providers, spoke in support of the bill. Ms. Muniz provided a packet of information to the committee regarding her organization (Attachment L). She discussed the burden to the court system caused by methamphetamine cases. She stressed the need for prevention and treatment.

05:44 PM -- Lori Moriarty, Colorado Drug Unit, spoke in support of the bill. Commander Moriarty discussed the facts of several methamphetamine cases she has investigated. Commander Moriarty responded to questions from the committee about which elements of dealing with methamphetamine cases are the most difficult to deal with as a police officer or investigator. The committee also asked questions about how best to prosecute these cases, from the perspective of a law enforcement official.

05:57 PM -- Don Quick was asked to return to the table. Mr. Quick responded to questions from the committee regarding how many convictions are actually achieved for methamphetamine possession. Mr. Quick discussed the committee's concerns surrounding the issue of strict liability. Representative Solano expressed her amenability to amendments that deal with the strict liability issues.


BILL:	HB06-1145
TIME:	06:02:50 PM
MOVED:	Jahn
MOTION:	Moved prepared amendment L.001 (Attachment J). The motion passed without objection.
SECONDED:	Boyd
		VOTE
	Boyd
	Clapp
	Decker
	Gardner
	Hefley
	Jahn
	Judd
	McGihon
	Witwer
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1145
TIME:	06:04:17 PM
MOVED:	Jahn
MOTION:	Moved prepared amendment L.002 (Attachment K). The motion passed without objection.
SECONDED:	Boyd
		VOTE
	Boyd
	Clapp
	Decker
	Gardner
	Hefley
	Jahn
	Judd
	McGihon
	Witwer
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1145
TIME:	06:05:14 PM
MOVED:	Jahn
MOTION:	Moved prepared amendment L.003 (Attachment M). The motion passed without objection.
SECONDED:	Boyd
		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


BILL:	HB06-1145
TIME:	06:06:47 PM
MOVED:	Carroll M.
MOTION:	Moved prepared amendment L.004 (Attachment N). The motion was withdrawn after the chair ruled the matter to be a settled question.
SECONDED:
		VOTE
	Boyd
	Clapp
	Decker
	Gardner
	Hefley
	Jahn
	Judd
	McGihon
	Witwer
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: WITHDRAWN

06:08 PM

Representative Solano wrapped up her presentation of the bill by reciting a poem written by a methamphetamine user.


BILL:	HB06-1145
TIME:	06:14:14 PM
MOVED:	Witwer
MOTION:	Refer House Bill 06-1145 to the Committee on Appropriations, as amended. The motion passed on a vote of 9-2.
SECONDED:	Judd
		VOTE
	Boyd	Yes
	Clapp	No
	Decker	Yes
	Gardner	Yes
	Hefley	Yes
	Jahn	Yes
	Judd	Yes
	McGihon	Yes
	Witwer	Yes
	Carroll M.	No
	Carroll T.	Yes
Final YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

06:16 PM -- House Bill 06-1022

Representative Clapp, prime sponsor, presented House Bill 06-1022 concerning the 90-day waiting period preceding dissolution of marriage. The bill would eliminate the mandatory 90-day waiting period in cases that do not involve children. Representative Clapp stated that moving simple cases through the system quickly will be a benefit to an overloaded judicial system and to the parties filing for dissolution. She also proposed giving judges discretion as to the proper waiting period. She presented prepared amendment L.003 (Attachment O) and a conceptual amendment to line 16 of L.003, substituting "FINDING" for "ALLEGATION." Representative Clapp provided three letters from women who support the bill (Attachments P, Q, and R).

06:24 PM -- Marie Moses, Colorado Bar Association Family Law Section, spoke in opposition to the bill. Ms. Moses stated her concern that the elimination of the 90-day waiting period will allow manipulation of parties to the dissolution who are uninformed or in a position of less bargaining power than the other party. Ms. Moses responded to questions from the committee regarding the need for quick dissolution of marriage. Ms. Moses talked about the potential problem of a quick decree of dissolution affecting property rights of a party. The committee discussed the timing of discovery in a dissolution of marriage action.

06:35 PM -- Gina Weitzenkorn, family law attorney, spoke in opposition to the bill. Ms. Weitzenkorn reiterated the testimony of the previous witness and added comments about cases of domestic violence, wherein the parties are often not in equal positions of bargaining power. She also discussed the purpose of the 90-day waiting period and likened it to a safety net that protects children and other vulnerable individuals involved in the dissolution action. Ms. Weitzenkorn spoke about cases in which criminal charges are pending and how those cases might be affected by the elimination of the 90-day waiting period. Ms. Weitzenkorn responded to questions from the committee regarding the process for reopening a dissolution case after the decree if further assets are discovered.

06:43 PM -- Gretchen Beer-Djorup, private citizen, spoke in support of the bill. She offered her personal story of domestic violence and dissolution of marriage. She read a prepared statement that illustrated the reasons for her support for the elimination of the 90-day waiting period.


BILL:	HB06-1022
TIME:	06:47:18 PM
MOVED:	Clapp
MOTION:	Moved prepared amendment L.005 (Attachment S). The motion passed on a vote of 10-1.
SECONDED:	Hefley
		VOTE
	Boyd	Yes
	Clapp	Yes
	Decker	Yes
	Gardner	Yes
	Hefley	Yes
	Jahn	Yes
	Judd	Yes
	McGihon	No
	Witwer	Yes
	Carroll M.	Yes
	Carroll T.	Yes
Not Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB06-1022
TIME:	06:47:21 PM
MOVED:	Clapp
MOTION:	Moved prepared amendment L.003 (Attachment O). The motion was later withdrawn after the sponsor determined that L.004 was the proper amendment.
SECONDED:	Hefley
		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: WITHDRAWN


BILL:	HB06-1022
TIME:	06:53:58 PM
MOVED:	Carroll T.
MOTION:	Moved conceptual amendment to L.005, which would, on line 2, strike "(HB1022_L.004)" and replace it with "(HB1022_L.004)".
SECONDED:	Jahn
		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


BILL:	HB06-1022
TIME:	06:54:27 PM
MOVED:	Carroll T.
MOTION:	Moved to reconsider prepared amendment L.005 (Attachment S). The motion passed without objection.
SECONDED:	Clapp
		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


BILL:	HB06-1022
TIME:	06:56:17 PM
MOVED:	Carroll T.
MOTION:	Motion to reconsider the conceptual amendment to L.005. (Attachment S) The motion passed without objection.
SECONDED:
		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
Not Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB06-1022
TIME:	06:56:20 PM
MOVED:	Clapp
MOTION:	Moved prepared amendment L.004 (Attachment T). The motion passed without objection.
SECONDED:	Hefley
		VOTE
	Boyd
	Clapp
	Decker
	Gardner
	Hefley
	Jahn
	Judd
	McGihon
	Witwer
	Carroll M.
	Carroll T.
Not Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS WITHOUT OBJECTION


BILL:	HB06-1022
TIME:	06:56:32 PM
MOVED:	Clapp
MOTION:	Moved prepared amendment L.005 (Attachment S). The motion passed on a vote of 10-1.
SECONDED:	Hefley
		VOTE
	Boyd	Yes
	Clapp	Yes
	Decker	Yes
	Gardner	Yes
	Hefley	Yes
	Jahn	Yes
	Judd	Yes
	McGihon	No
	Witwer	Yes
	Carroll M.	Yes
	Carroll T.	Yes
Not Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

07:00 PM

Representative Clapp wrapped up her presentation, stating that it is in the best interest of the court system to move dissolution cases through faster. Committee members made lengthy comments regarding their intent to vote for or against the bill.


BILL:	HB06-1022
TIME:	07:11:12 PM
MOVED:	Clapp
MOTION:	Refer House Bill 06-1022 to the Committee of the Whole with a favorable recommendation. A substitute motion to postpone indefinitely was made.
SECONDED:	Hefley
		VOTE
	Boyd
	Clapp
	Decker
	Gardner
	Hefley
	Jahn
	Judd
	McGihon
	Witwer
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: TIE


BILL:	HB06-1022
TIME:	07:11:39 PM
MOVED:	McGihon
MOTION:	Moved to postpone the bill indefinitely. The motion passed on a vote of 8-3.
SECONDED:	Carroll M.
		VOTE
	Boyd	Yes
	Clapp	No
	Decker	Yes
	Gardner	No
	Hefley	No
	Jahn	Yes
	Judd	Yes
	McGihon	Yes
	Witwer	Yes
	Carroll M.	Yes
	Carroll T.	Yes
Final YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

07:15 PM -- House Bill 06-1111

Representative Clapp, bill sponsor, explained the provisions of HB 06-1111 regarding attorney fees against parties who engage in unjustifiable conduct in divorce cases.

07:19 PM

Michael DiManna, Colorado Bar Association, spoke in opposition to the bill. He reviewed the provisions of current Colorado law allowing the court to award attorney fees in divorce cases when deemed appropriate by the court. He indicated that Colorado Rules of Civil Procedure also provide for such awards of attorney fees. In response to a committee question regarding prepared amendment L.001 (Attachment U), Mr. DiManna indicated the process outlined in the amendment is cumbersome and difficult and may not accomplish the desired result.


BILL:	HB06-1111
TIME:	07:24:26 PM
MOVED:	Clapp
MOTION:	Prepared amendment L.001 (Attachment U). The motion carried without objection.
SECONDED:	Gardner
		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


BILL:	HB06-1111
TIME:	07:24:36 PM
MOVED:	Clapp
MOTION:	Moved prepared amendment L.002 (Attachment V). The motion failed on a 5-6 roll call vote.
SECONDED:	Hefley
		VOTE
	Boyd	No
	Clapp	Yes
	Decker	Yes
	Gardner	Yes
	Hefley	Yes
	Jahn	No
	Judd	No
	McGihon	No
	Witwer	Yes
	Carroll M.	No
	Carroll T.	No
Not Final YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB06-1111
TIME:	07:34:27 PM
MOVED:	Clapp
MOTION:	Refer the bill to the committee on Appropriations. The motion carried on a 6-5 roll call vote. A substitute motion to postpone the bill indefinitely failed (see below).
SECONDED:	Decker
		VOTE
	Boyd	No
	Clapp	Yes
	Decker	Yes
	Gardner	Yes
	Hefley	Yes
	Jahn	Yes
	Judd	No
	McGihon	No
	Witwer	Yes
	Carroll M.	No
	Carroll T.	No
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB06-1111
TIME:	07:34:42 PM
MOVED:	McGihon
MOTION:	SUBSTITUTE MOTION: Postpone the bill indefinitely. The motion failed on a 5-6 roll call vote.
SECONDED:	Carroll M.
		VOTE
	Boyd	Yes
	Clapp	No
	Decker	No
	Gardner	No
	Hefley	No
	Jahn	No
	Judd	Yes
	McGihon	Yes
	Witwer	No
	Carroll M.	Yes
	Carroll T.	Yes
Not Final YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL

07:37 PM -- House Bill 06-1080

Representative T. Carroll, bill sponsor, provided an explanation of the provisions of HB 06-1080 to allow psychiatrists and psychologists with experience in forensic psychology to conduct competency proceedings in criminal cases. Current law only allows physicians who specialize in nervous and mental diseases to conduct such proceedings.

07:41 PM

Dave Thomas, Colorado District Attorneys Council, spoke in opposition to the bill. He indicated that the district attorneys believe that, while the current system for determining competency in criminal cases does not work very well, and that while despite the requirements of current law, 43 percent of these examinations are conducted by psychologists, that there are no standards for such examinations. He advocated setting forth standards for these examinations.

07:44 PM

Don Quick, Colorado District Attorneys Council, spoke in opposition to the bill and spoke to the need for standards for examinations for competency. He questioned widening the circle of individuals who can conduct these examinations when there are no standards for conducting them.

07:47 PM

Scott Storey, District Attorney, First Judicial District, spoke in opposition to the bill. He spoke to the 43 percent of examinations being conducted in violation of current law and to the resulting disparate determinations of competency. Mr. Storey responded to a committee question on the differences in qualifications for physicians, psychiatrists, and psychologists and the difference that makes in determining competency and regarding whether the individual who conducts the examination can also provide treatment. Mr. Quick indicated there are several cases in which that has happened. Mr. Storey explained how such cases proceed through the process.

07:54 PM

Dr. Chad Morris, Colorado Psychological Association, spoke in support of the bill. He provided statistics on the number of competency examinations conducted by psychologists and to the qualifications of psychologists to conduct the examinations. He also spoke to the differences in jurisdictions in allowing such examinations by psychologists and to the effect untimely examinations will have on court caseloads and jail backlogs. He indicated the bill does not widen the circle of individuals conducting these examinations, but codifies current practice.

08:01 PM

Dr. Rick Stewart, Colorado Psychological Association, spoke in support of the bill and indicated that over 80 percent of competency examinations are conducted in county jails.

08:02 PM

Dr. Richard Martinez, Colorado Psychiatric Society, spoke in support of the bill, but indicated he does have concerns for the lack of standards for these examinations. He spoke to training forensic psychiatrists receive in conducting the examinations and to the kinds of skills and knowledge sets psychiatrists must have to conduct competency examinations. He suggested the bill's requirements that psychiatrists and psychologists have expertise in forensics actually narrows the pool of individuals who will conduct such examinations.

08:11 PM

Dr. Steve Schonemakers, Colorado Mental Health Institute at Pueblo, spoke in support of the bill. Dr. Shonemakers provided an handout that explained his testimony and support of the bill (Attachment W). He spoke to the numbers of examinations conducted each year and the availability of psychiatrists qualified to conduct these evaluations. He spoke to examination methodology and standards used at the mental health institute and to the training institute psychiatric and psychological staff receive.

08:18 PM

David Kaplan, Colorado Public Defender, spoke in support of the bill. He indicated the need for timely evaluations is the reason for supporting the bill.


BILL:	HB06-1080
TIME:	08:20:22 PM
MOVED:	Carroll T.
MOTION:	Moved prepared amendment L.001 (Attachment X). The motion carried without objection.
SECONDED:	Boyd
		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

08:21 PM

Representative Carroll provided closing comments on the bill.


BILL:	HB06-1080
TIME:	08:22:09 PM
MOVED:	Carroll T.
MOTION:	Refer the bill to the Committee of the Whole. The motion carried on a 9-1-1 roll call vote.
SECONDED:	Jahn
		VOTE
	Boyd	Yes
	Clapp	Yes
	Decker	Yes
	Gardner	Yes
	Hefley	Excused
	Jahn	Yes
	Judd	Yes
	McGihon	Yes
	Witwer	No
	Carroll M.	Yes
	Carroll T.	Yes
Final YES: 9 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS

08:23 PM -- House Bill 06-1102

Representative T. Carroll, bill sponsor, provided an explanation of the bill's provisions section by section.

08:25 PM

David Kaplan, Colorado Public Defender, spoke in opposition to section 1 of the bill regarding out of court statements made by children and to how the bill expands the pool of cases in which such statements are admissible in court. Under current law, such statements are admissible only in a small number of certain kinds of cases, generally involving sex offenses. He also spoke against section 2 of the bill regarding limitations for collateral attack indicating that the statute should remain as is in not limiting the time during which individuals convicted of class 1 felonies can attack the validity of a conviction.

08:49 PM

David Thomas, Colorado District Attorneys Council spoke in support of the bill section by section. He indicated that prepared L.001 and L.003 are acceptable to the district attorneys as drafted. He spoke to a U.S. Supreme Court decision and the effect of that decision on Colorado's law. He provided the details of a case in which statements were made outside of a court by a child in a murder case and to how the rules of heresay under current law disallowed this testimony in court.

08:56 PM

Don Quick, Colorado District Attorneys Council, provided an explanation of the four steps involved in judging and offering such heresay testimony under current law (Attachment Y). Mr. Quick responded to several committee questions regarding the process under current law and the crimes to which it applies under current law versus the larger pool of crimes to which it would apply under the bill's provisions.

09:13 PM

Scott Storey, District Attorney, First Judicial District, spoke in support of section 2 of the bill. He provided the details of a case in which an individual convicted of murder in 1958 was able, in 1995 after his attorney died, to allege ineffective counsel under current law. He provided the details of other individuals convicted of first degree murder who challenge their convictions under current law.

In response to a committee question, Mr. Thomas clarified that the collateral attack statute does not preclude individuals convicted of first degree murder from the appeals process or DNA tests. He indicated most of the cases filed under collateral attack are on the basis of ineffective counsel.

Mr. Thomas and Mr. Storey responded to a committee question regarding any limitation on repeated motions to challenge a conviction.


BILL:	HB06-1102
TIME:	09:23:44 PM
MOVED:	Carroll T.
MOTION:	Prepared amendment L.001 (Attachment Z). The motion carried without objection
SECONDED:	Boyd
		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


BILL:	HB06-1102
TIME:	09:25:18 PM
MOVED:	McGihon
MOTION:	Prepared amendment L.005 (Attachment AA). The chair ruled the issue is a settled question.
SECONDED:
		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: SETTLED QUESTION


BILL:	HB06-1102
TIME:	09:28:24 PM
MOVED:	Carroll T.
MOTION:	Refer the bill to the Committee of the Whole. The motion carried on a 9-1-1 roll call vote.
SECONDED:	Jahn
		VOTE
	Boyd	Yes
	Clapp	No
	Decker	Yes
	Gardner	Yes
	Hefley	Excused
	Jahn	Yes
	Judd	Yes
	McGihon	Yes
	Witwer	Yes
	Carroll M.	Yes
	Carroll T.	Yes
Final YES: 9 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS

09:36 PM

The committee adjourned