House Committee on Judiciary (01/26/2006)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:	01/26/2006	ATTENDANCE

Time:	01:42 PM to 06:52 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	X
This Report was prepared by		McGihon	X
	Jennifer Moe	Witwer	X
		Carroll M.	X
		Carroll T.	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB06-1136 HB06-1011 HB06-1058 HB06-1112 HB06-1137 HB06-1063		Amended, Referred to the Committee of the Whole Witness Testimony Only Amended, Referred to Finance Amended, Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole Referred to the Committee of the Whole

01:43 PM -- House Bill 06-1136

Representative T. Carroll called the committee to order, welcomed those in attendance, and asked witnesses to keep their testimony brief and to refrain from repeating prior testimony. He also announced that HB 1123 would not be heard today, and that the committee would hear the remaining bills in the following order: House Bills 1136, 1011, 1058, 1137, 1112, and 1063.

Representative Witwer, prime sponsor, presented HB 06-1136. The bill requires a criminal defendant who alleges in a motion or pleading that a state law or municipal ordinance is unconstitutional to serve notice of such to the Attorney General. In addition, the bill permits the Attorney General to be heard on the matter. Mr. Jason Dunn, from the Attorney General's office, joined the sponsor at the table. Mr. Dunn described current procedure and a recent court ruling that led to the proposed provisions. He responded to questions from the committee regarding the bill's potential impact, and discussion ensued.

The following people testified on the bill:

01:56 PM -- Mr. David Kaplan, State Public Defender, spoke in opposition to the bill. He described how this type of motion normally proceeds, and responded to questions from the committee. Further discussion ensued.

02:10 PM -- Ms. Maureen Cain, representing the Colorado Criminal Defense Bar, spoke in opposition of the bill, questioning whether a law was necessary to accomplish the described communication among parties.

02:11 PM -- Mr. Dave Thomas, representing the Colorado District Attorneys' Council, made some observations on the bill and commented on prior testimony. He noted that the claims in question do not involve an allegation that constitutional rights have been violated. He then explained the current duties of a moving party with respect to giving notice to the opposing party. He said it would be no problem to add the Attorney General as a party in the standard certificate of mailing process. He responded to questions from the committee.

Committee members were provided with Amendment L.001 (Attachment A).

02:21 PM -- Mr. Dunn returned to the table to answer questions about Amendment L.001.

02:23 PM

The chairman closed the public testimony portion of the hearing, and the committee began considering amendments.


BILL:	HB06-1136
TIME:	02:23:48 PM
MOVED:	McGihon
MOTION:	Move Amendment L.001 (Attachment A). At the request of committee members, the chair severed the amendment into two sections: severed section 1 (page 1, lines 1 and 2) and severed section 2 (page 1, lines 3 through 6). The motion to adopt L.001, severed section 1, failed.
SECONDED:	Carroll M.
		VOTE
	Boyd	No
	Clapp	No
	Decker	No
	Gardner	No
	Hefley	No
	Jahn	No
	Judd	No
	McGihon	No
	Witwer	No
	Carroll M.	No
	Carroll T.	No
Not Final YES: 0 NO: 11 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB06-1136
TIME:	02:25:13 PM
MOVED:	McGihon
MOTION:	Adopt L.001, severed section 2 (Attachment A; page 1, lines 3 through 6). 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: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1136
TIME:	02:25:38 PM
MOVED:	Witwer
MOTION:	Refer HB 06-1136, as amended, to the Committee of the Whole. After the motion was made and seconded, a substitute motion to postpone the bill indefinitely passed, but the committee subsequently voted to reconsider its action to postpone the bill indefinitely (see below). In the end, the motion to refer HB 06-1136, as amended, to the Committee of the Whole passed on a 10 to 1 vote.
SECONDED:	Jahn
		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:	HB06-1136
TIME:	02:26:45 PM
MOVED:	Hefley
MOTION:	Having voted on the prevailing side, reconsider the motion to postpone indefinitely HB 06-1136. The motion requires an affirmative vote of two-thirds of the committee in order to prevail. The motion carried on a vote of 10 to 1.
SECONDED:	Boyd
		VOTE
	Boyd	Yes
	Clapp	Yes
	Decker	No
	Gardner	Yes
	Hefley	Yes
	Jahn	Yes
	Judd	Yes
	McGihon	Yes
	Witwer	Yes
	Carroll M.	Yes
	Carroll T.	Yes
Not Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB06-1136
TIME:	02:26:03 PM
MOVED:	Hefley
MOTION:	Substitute motion to postpone indefinitely HB 06-1136. The motion carried on a vote of 10 to 1.
SECONDED:	McGihon
		VOTE
	Boyd	Yes
	Clapp	Yes
	Decker	No
	Gardner	Yes
	Hefley	Yes
	Jahn	Yes
	Judd	Yes
	McGihon	Yes
	Witwer	Yes
	Carroll M.	Yes
	Carroll T.	Yes
Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:28 PM -- House Bill 06-1011

The chairman announced that the committee will only hear testimony today on HB 06-1011. The committee recessed.

02:31 PM

The committee reconvened. Representative McCluskey, prime sponsor, gave a brief overview of HB 06-1011. The bill creates new felony crimes for internet luring of a child and for internet sexual exploitation of a child, and requires any person convicted of these offenses to register as a sex offender. The bill also increases the penalty for having more than 20 images of child pornography. Committee members were provided with information from the Jefferson County district attorney's office (Attachment B). The sponsor explained why the bill is necessary, and said that witnesses would elaborate on the details of the bill. The sponsor responded to questions from the committee regarding how specific provisions might apply in various circumstances.

The following people testified on the bill:

02:35 PM -- Mr. Bill Morhman, representing the ACLU of Colorado, stated that his organization supports a child's right to be protected from sexual exploitation, sexual assault, or unlawful sexual conduct. He spoke in opposition to the bill, though, because Section 4 would criminalize conduct that is unrelated to sexual exploitation of children. He described some innocent interactions between individuals that could be subject to prosecution under the proposed legislation. He suggested the bill be amended to specify that the described contact is intended for sexual exploitation.

02:41 PM -- Ms Adrienne Benavidez, representing the ACLU of Colorado and Color of Justice, reiterated Mr. Mohrman's testimony, particularly that the bill would create an overly broad law, and she spoke about court rulings on this issue. She responded to questions from the committee.

02:47 PM -- Ms. Tamika Payne, representing the Colorado Coalition Against Sexual Assault, spoke in support of most parts of the bill, but voiced concern about Sections 4 and 7 of the bill. She suggested that a child may be trying to escape a harmful situation, and her organization believes that it is unacceptable to possess any image of child pornography. Committee members were provided with a related Iowa Supreme Court case (Attachment C).

02:49 PM -- Ms. Maureen Cain, representing the Colorado Criminal Defense Bar, spoke in opposition to the bill, particularly Section 4, because it will criminalize some conduct that should not be prosecuted.

02:50 PM -- Mr. John Suthers, Attorney General of Colorado, spoke in favor of the bill. He underscored the fact that the Internet provides access and anonymity to sexual predators, cited statistics regarding sexual predator crimes, and described some cases he has helped prosecute in this area of law. He said sexual predators are becoming more sophisticated, knowing they could be chatting online with law enforcement, so they try to set up a meeting only and delay any sexual solicitation until an actual meeting occurs. He explained that, under current law, the state is unable to prosecute these predators until an actual meeting occurs. He spoke to earlier testimony regarding possession of a certain number of pornographic materials, and answered questions from the committee.

03:04 PM -- Mr. Brian Steckler, representing the Colorado Springs Police Department, spoke in favor of the bill. He said the predators they have arrested come from all walks of life. He also said that predators are now setting up meetings in order to groom the child for future meetings and sexual solicitation, and indicated that predatory meetings are underreported by children. He used a powerpoint presentation to show how online meetings with predators progress quickly to graphic sexual matters. He responded to questions from the committee.

03:19 PM -- Mr. Mark Messenbaugh, representing the Boys and Girls Clubs of America, spoke in favor of the bill because he believes it will give law enforcement officials the tools they need to arrest and prosecute sexual predators. He praised the Attorney General's efforts to reduce the prevalence of sexual predators on the Internet and legislation passed in 2005 that advocates educating children in school about the dangers of sexual predators.

03:23 PM -- Mr. Mike Harris, representing the Jefferson County District Attorneys' Office, spoke in favor of the bill. He described his experience investigating sophisticated sexual predators, and explained that the inability to arrest predators for attempting to set up a "non-sexual" meeting lengthens the investigative process by a couple of months and, in the meantime, allows the predators to continue making contact with children.

03:31 PM -- Mr. Kirk Hon, representing the Denver Police Department, spoke in favor of the bill and its purpose to provide law enforcement with tools to prosecute sexual predators. He commented that victims can also be kidnapped, murdered, forced into prostitution, or lured to commit another crime by sexual predators. He also responded to questions from the committee.

03:34 PM -- Ms. Jeanne Smith, representing the Attorney General's office, spoke in favor of the bill. Mr. Suthers joined her at the table to speak to specific provisions in the bill. Ms. Smith addressed the concerns that were voiced with Section 4 of the bill, citing provisions that address meetings with an open-ended purpose in California and Nevada laws. She responded to questions from the committee. She noted that the proposed legislation contains an exception provision for Internet luring if contact is attempted because a child's welfare is considered to be in danger.

03:49 PM

The chairman closed the public testimony portion of the hearing. Representative McCluskey made closing comments and indicated that he and others would work on amendments to the bill to address some of the concerns cited. Mr. Harris returned to the table to respond to questions. The chairman laid the bill over.
03:54 PM -- House Bill 06-1058

Representative Pommer, prime sponsor, presented HB 1058, which requires that a surcharge be collected from all offenders convicted of committing a crime against a child. In addition, the bill creates a new fund for revenue generated by the surcharge, and establishes a range of surcharge amounts to be assessed, depending on a crime's classification (i.e., class 2 felony, class 3 misdemeanor, etc.). Committee members were provided with Amendments L.001 (Attachment D), L.003 (Attachment E), L.004 (Attachment F), and L.005 (Attachment G). The sponsor explained why he was bringing the bill forward and who would be affected by it. He also described the role of child advocacy centers and how the revenue will assist them in providing services to child victims of crimes.

The following people testified on the bill:

04:01 PM -- Mr. David Kaplan, State Public Defender, spoke in opposition to the bill. He spoke about the impact of surcharges on defendants and, in some cases, the state. He responded to questions from the committee. Representative Pommer also responded to questions.

04:16 PM -- Ms. Patricia Chambers, representing Blue Sky Bridge (a child advocacy center), spoke in support of the bill. She described the services provided by various entities to child victims of a crime. She indicated that the bill levies the surcharge for sex offenses against children because those are the most prevalent, expensive, and difficult to investigate. She distinguished between the use of sex offender surcharge monies and the revenue from the proposed surcharge.

04:19 PM -- Mr. Dan Keough, representing the Edgewater Police Department, spoke in favor of the bill and underscored how valuable advocacy centers are.

04:22 PM -- Mr. Jack Gardner, representing the Boulder Police Department, spoke in favor of the bill and praised child advocacy centers, particularly because they provide a safe and comfortable environment for victims and their families. He described the interview process with the victim, saying it is a crucial part of the investigative process.

04:26 PM -- Ms. Rebel Rodriguez, representing the Jeffco Children's Alliance, spoke in favor of the bill. She described her experience as the mother of a victim, and spoke highly of the services offered by the Jeffco Children's Alliance.

04:28 PM -- Ms. Eileen Konrath, representing the Jeffco Children's Alliance, spoke in favor of the bill and described some of the services the center offers. Committee members commented following her testimony.

04:32 PM -- Mr. Dave Thomas, representing the Colorado District Attorneys' Council, spoke in favor of the bill. He noted that the court has upheld the use of multiple surcharges in a single case, and reiterated how use of the new surcharge will differ from that of the sex offender surcharge.

04:33 PM -- Ms. Diana Goldberg, representing Sungate Kids (a child advocacy center), spoke in favor of the bill. She spoke about the high cost of prosecuting cases with child victims, and stated that the offenders should bear part of the responsibility for this cost. She responded to questions raised by committee members and other witnesses. Representative Pommer also responded to questions. Discussion ensued.

04:48 PM

The chairman closed the public testimony portion of the hearing, and the committee began considering amendments.


BILL:	HB06-1058
TIME:	04:49:07 PM
MOVED:	Carroll T.
MOTION:	Move Amendment L.005 (Attachment G). 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: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1058
TIME:	04:50:29 PM
MOVED:	McGihon
MOTION:	Move Amendment L.001 (Attachment D). 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: 0 ABS: 0 FINAL ACTION: TIE


BILL:	HB06-1058
TIME:	04:51:57 PM
MOVED:	McGihon
MOTION:	Move Amendment L.003 (Attachment E). 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:	HB06-1058
TIME:	04:51:04 PM
MOVED:	McGihon
MOTION:	Move Amendment L.004 (Attachment F). 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: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1058
TIME:	04:54:31 PM
MOVED:	McGihon
MOTION:	Refer HB 06-1058, as amended, to the Committee on Finance. The motion carried on a vote of 7 to 4.
SECONDED:	Carroll M.
		VOTE
	Boyd	Yes
	Clapp	No
	Decker	No
	Gardner	No
	Hefley	No
	Jahn	Yes
	Judd	Yes
	McGihon	Yes
	Witwer	Yes
	Carroll M.	Yes
	Carroll T.	Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:55 PM -- House Bill 06-1112

The committee recessed.

05:06 PM

The committee reconvened. Representative Marshall, prime sponsor, discussed the provisions of HB 06-1112. The bill makes several changes in order to conform Colorado law with federal law regarding juvenile offenders, including court procedures, placement in or sentencing to secure or adult facilities, placement within adult facilities, and inspection and reporting on juvenile facilities. Committee members were provided with Amendments L.002 (Attachment H) and L.003 (Attachment I).

05:11 PM -- Ms. Meg Williams, representing the Colorado Department of Public Safety, Division of Criminal Justice, spoke in favor of the bill. Her unit manages federal funding from the Office of Juvenile Justice and Delinquency Prevention (OJJDP), and she explained how the bill will allow Colorado to maintain OJJDP funding and comply with federal guidelines attached to the funds. She noted that local law enforcement officials review state law for guidelines regarding juvenile offenders and, presently, state law does not match federal law.

05:15 PM -- Ms. Peg Ackerman, representing the County Sheriffs of Colorado, spoke in favor of the bill.

05:17 PM

The chairman closed the public testimony portion of the hearing, and the committee began considering amendments.


BILL:	HB06-1112
TIME:	05:17:45 PM
MOVED:	Boyd
MOTION:	Move Amendment L.002 (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: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1112
TIME:	05:18:12 PM
MOVED:	McGihon
MOTION:	Move Amendment L.003 (Attachment I). 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

05:19 PM

Representative Marshall made closing comments on the bill.


BILL:	HB06-1112
TIME:	05:19:32 PM
MOVED:	Decker
MOTION:	Refer HB 06-1112, as amended, to the Committee of the Whole. The motion carried unanimously.
SECONDED:	Gardner
		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

05:20 PM -- House Bill 06-1137

Representative Judd, prime sponsor, walked the committee through HB 06-1137, which makes several changes to state probate law. The bill clarifies how and when claims for a deceased person's estate can be made, what constitutes a valid claim for a conservator's estate, and the application of the rule against perpetuities when dealing with trusts. (According to the sponsor, the rule against perpetuities is a concept that puts a time limit on how long ownership of property can be in suspense). Also, the bill changes residency requirements for public administrators of an estate, makes the Total Return Trust statute comply with federal regulations regarding unitrusts, allows for certain assets to be retrieved when a deceased person's estate is insolvent (in order to pay claims to the person's surviving spouse or children), and creates definitions and procedures for non-Colorado residents to manage a deceased relative's estate that is located in Colorado.

The sponsor reviewed Sections 13 through 18 of the bill (regarding insolvent estates and retrieving other assets, including insurance policies, to pay claims) and explained why the provisions are necessary. He responded to questions from the committee. Committee members were provided with Amendments L.001 (Attachment J), L.002 (Attachment K), and L.003 (Attachment L). The chairman asked that witnesses limit their testimony to two minutes each.

The following people testified on the bill:

05:44 PM -- Mr. Justin Dituri, representing himself as a practicing attorney, spoke against Section 13 of the bill. He responded to questions from the committee.

05:51 PM -- Mr. Carl Stevens, representing himself as a practicing attorney, spoke against Section 13 of the bill, stating that in some instances it may be helpful and in other instances there may be problematic consequences He discussed options for addressing the issue, if it were to arise, and the pros and cons of potential solutions. He also spoke in support of the Amendment L.003 (Attachment L). He and Representative Judd responded to questions from the committee.

05:56 PM -- Mr. Wayne Stewart, representing himself as a practicing attorney, spoke against including insurance proceeds as an eligible asset under the provisions of Section 13 of the bill. He indicated that this provision is unnecessary because it is unlikely to occur, and described some adverse consequences that may result if the provision remains in the bill. He voiced support for the rest of the bill and Amendment L.002 (Attachment K).

06:02 PM -- Mr. Bob Steenrod, representing the Probate and Trust Law Section of the Colorado Bar Association (CBA), indicated that he helped draft the bill and commented that the CBA Probate and Trust Law Section has not taken a position on the insurance proceeds provision. He offered to clarify the bill's provisions and prior testimony, and responded to questions from the committee.

06:08 PM -- Mr. John DeBruyn, representing the Colorado Bar Association, spoke in favor of the bill.

06:10 PM

The chairman closed the public testimony portion of the hearing, and the committee began considering amendments.


BILL:	HB06-1137
TIME:	06:10:14 PM
MOVED:	Judd
MOTION:	Move Amendment L.001 (Attachment J). At the request of the sponsor following a substitute motion to adopt Amendment L.002 (see below), the chair severed the amendment into three sections: severed section 1 (page 1, line 1 through page 6, line 19); severed section 2 (page 6, line 20 through page 7, line 18); and severed section 3 (page 7, line 19 through page 9, line 10). A subsequent motion to adopt L.001, severed section 1, 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: 0 ABS: 0 FINAL ACTION: Pass Without Objection

Mr. Richard Sweetman and Mr. Michael Dohr, both of the Office of Legislative Legal Services, came to the table to respond to questions about where to sever L.001.


BILL:	HB06-1137
TIME:	06:29:51 PM
MOVED:	Judd
MOTION:	Adopt L.001, severed section 3 (Attachment J; page 7, line 19 through page 9, line 10). 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: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1137
TIME:	06:25:22 PM
MOVED:	Judd
MOTION:	Adopt L.001, severed section 2 (Attachment J; page 6, line 20 through page 7, line 18). The motion failed when the substitute motion to adopt Amendment L.002 (Attachment K) passed (see below).
SECONDED:	Carroll M.
		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: TIE


BILL:	HB06-1137
TIME:	06:25:26 PM
MOVED:	Gardner
MOTION:	Substitute motion to adopt Amendment L.002 (Attachment K) instead of L.001, severed section 2 (Attachment J; page 6, line 20 through page 7, line 18). The substitute motion carried on a vote of 6 to 5.
SECONDED:	Hefley
		VOTE
	Boyd	No
	Clapp	Yes
	Decker	Yes
	Gardner	Yes
	Hefley	Yes
	Jahn	No
	Judd	No
	McGihon	No
	Witwer	Yes
	Carroll M.	Yes
	Carroll T.	No
Not Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB06-1137
TIME:	06:13:15 PM
MOVED:	Gardner
MOTION:	Substitute motion to adopt Amendment L.002 (Attachment K). The sponsor asked the chair to sever Amendment L.001 (Attachment J). At the request of the chair, the substitute motion was withdrawn in order to sever the amendment.
SECONDED:	Carroll M.
		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: TIE


BILL:	HB06-1137
TIME:	06:31:33 PM
MOVED:	Judd
MOTION:	Refer HB 06-1137, as amended, to the Committee of the Whole. The motion carried unanimously.
SECONDED:	Carroll M.
		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

06:33 PM -- House Bill 06-1063

Representative Cadman, prime sponsor, summarized the provisions of HB 06-1063. The bill clarifies that a court can order global positioning system (GPS) monitoring as a means of supervising an adult offender (before trial, or upon sentencing to community corrections or probation) or a juvenile offender (before trial or upon sentencing to probation). He explained how and when GPS is used to monitor offenders, and the benefits of GPS monitoring as opposed to other types of monitoring.

The following people testified on the committee:

06:36 PM -- Ms. Paula Presley, representing the El Paso County Sheriff's Office and the County Sheriffs of Colorado, spoke in support of the bill and explained why GPS is a helpful monitoring tool. She responded to questions from the committee and described the difference between GPS monitoring and other electronic monitoring. Mr. Michael Dohr, Office of Legislative Legal Services, responded to questions about the bill.

06:49 PM

The chairman closed the public testimony portion of the hearing. No amendments were offered by the committee or the bill sponsor.


BILL:	HB06-1063
TIME:	06:50:46 PM
MOVED:	Hefley
MOTION:	Refer HB 06-1063 to the Committee of the Whole. The motion passed unanimously.
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

06:51 PM

The chairman informed the committee of upcoming meetings and bills on the calendar through February 9. The committee adjourned.