Senate Committee on Judiciary (02/20/2006)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON JUDICIARY

Date:	02/20/2006	ATTENDANCE

Time:	01:37 PM to 03:22 PM	Bacon	X
		Dyer	X
Place:	SCR 352	Gordon	*
		Mitchell	*
This Meeting was called to order by		Traylor	X
	Senator Grossman	Shaffer	X
		Grossman	X
This Report was prepared by
	Jessika Shipley
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB06-089 SB06-150 HB06-1028 SCR06-002 SB06-175 HB06-1063 SB06-187		Amended, Referred to the Committee of the Whole Amended, Referred to Appropriations Referred to Appropriations Referred to the Committee of the Whole Witness Testimony Only Referred to the Committee of the Whole Referred to the Committee of the Whole

01:38 PM -- Senate Bill 06-089

Senator Hagedorn, prime sponsor, presented Senate Bill 06-89 for action only and distributed a summary of amendments to Senate Bill 06-089 (Attachment A).


BILL:	SB06-089
TIME:	01:40:27 PM
MOVED:	Shaffer
MOTION:	Moved prepared amendment L.006 (Attachment B). The motion passed without objection.
SECONDED:
		VOTE
	Bacon
	Dyer
	Gordon
	Mitchell
	Traylor
	Shaffer
	Grossman
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB06-089
TIME:	01:41:20 PM
MOVED:	Shaffer
MOTION:	Moved prepared amendment L.001 (Attachment C). The motion passed without objection.
SECONDED:
		VOTE
	Bacon
	Dyer
	Gordon
	Mitchell
	Traylor
	Shaffer
	Grossman
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB06-089
TIME:	01:43:44 PM
MOVED:	Shaffer
MOTION:	Moved prepared amendment L.003 (Attachment D). The motion passed without objection.
SECONDED:
		VOTE
	Bacon
	Dyer
	Gordon
	Mitchell
	Traylor
	Shaffer
	Grossman
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB06-089
TIME:	01:45:13 PM
MOVED:	Shaffer
MOTION:	Moved prepared amendment L.005 (Attachment E). The motion passed without objection.
SECONDED:
		VOTE
	Bacon
	Dyer
	Gordon
	Mitchell
	Traylor
	Shaffer
	Grossman
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB06-089
TIME:	01:46:18 PM
MOVED:	Shaffer
MOTION:	Moved prepared amendment L.007(Attachment F). The motion passed without objection.
SECONDED:
		VOTE
	Bacon
	Dyer
	Gordon
	Mitchell
	Traylor
	Shaffer
	Grossman
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB06-089
TIME:	01:48:50 PM
MOVED:	Shaffer
MOTION:	Moved prepared amendment L.008 (Attachment G). The motion passed without objection.
SECONDED:
		VOTE
	Bacon
	Dyer
	Gordon
	Mitchell
	Traylor
	Shaffer
	Grossman
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB06-089
TIME:	01:50:00 PM
MOVED:	Shaffer
MOTION:	Moved prepared amendment L.009 (Attachment H). The motion passed without objection.
SECONDED:
		VOTE
	Bacon
	Dyer
	Gordon
	Mitchell
	Traylor
	Shaffer
	Grossman
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB06-089
TIME:	01:54:35 PM
MOVED:	Shaffer
MOTION:	Refer SB 06-089 to the Committee of the Whole with a favorable recommendation. The motion passed on a roll call vote of 6-0 with one absent.
SECONDED:
		VOTE
	Bacon	Yes
	Dyer	Absent
	Gordon	Yes
	Mitchell	Yes
	Traylor	Yes
	Shaffer	Yes
	Grossman	Yes
Final YES: 6 NO: 0 EXC: 0 ABS: 1 FINAL ACTION: PASS

01:56 PM -- Senate Bill 06-150

Senator Grossman, prime sponsor, presented Senate Bill 06-150 for action only and explained prepared amendment L.003 (Attachment I).


BILL:	SB06-150
TIME:	01:57:20 PM
MOVED:	Grossman
MOTION:	Moved prepared amendment L.003 (Attachment I). The motion passed without objection.
SECONDED:
		VOTE
	Bacon
	Dyer
	Gordon
	Mitchell
	Traylor
	Shaffer
	Grossman
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB06-150
TIME:	01:58:29 PM
MOVED:	Grossman
MOTION:	Refer the bill to the Committee on Appropriations, as amended with a favorable recommendation. The motion passed on a unanimous roll call vote.
SECONDED:
		VOTE
	Bacon	Yes
	Dyer	Yes
	Gordon	Yes
	Mitchell	Yes
	Traylor	Yes
	Shaffer	Yes
	Grossman	Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

01:59 PM -- House Bill 06-1028

Senator Mitchell, prime sponsor, presented House Bill 06-1028 concerning an increasing the number of judges in certain courts within the state judicial department. The bill increases the number of judges of the Colorado Court of Appeals from 16 to 19. It also increases the number of county court judges in Douglas, Jefferson, Mesa, and Weld counties.

02:02 PM -- Janice Davidson, Chief Judge of the Colorado Court of Appeals, spoke in favor of the bill. Judge Davidson discussed the overloaded dockets and provided statistics about the increase in filings with the Colorado Court of Appeals. She explained that the court has attempted to deal with the additional filings in ways that do not involve increasing judges. Judge Davidson cited the new practice of issuing per curiam opinions in the simplest cases as an example. She discussed the backlog of cases on the docket, which is at 91 percent.

02:07 PM -- Jerry Marroney, State Court Administrator, spoke in favor of the bill. Mr. Marroney discussed the need for an increase in county court judges. He stated the long periods of time each of the affected counties has waited for an increase in judges.

02:09 PM

Senator Mitchell wrapped up his presentation and asked for a favorable recommendation.


BILL:	HB06-1028
TIME:	02:10:32 PM
MOVED:	Grossman
MOTION:	Refer House Bill 06-1028 to the Committee on Appropriations. The motion passed on a vote of 6-0, with one excused.
SECONDED:
		VOTE
	Bacon	Yes
	Dyer	Excused
	Gordon	Yes
	Mitchell	Yes
	Traylor	Yes
	Shaffer	Yes
	Grossman	Yes
Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:12 PM

Senator Owen, bill sponsor, explained the provisions of SCR 06-002 to remove obsolete provisions from the Colorado Constitution. He then explained how the bill moves through the process and indicated that more provisions may be amended on to the bill prior to its adoption at the end of the session.

02:15 PM

Jerry Kopel, retired attorney, explained the provisions of lines 15 through 17 of page 7 of the bill in response to a committee question. Mr. Kopel provided an explanation of other portions of the bill.


BILL:	SCR 002
TIME:	02:18:17 PM
MOVED:	Grossman
MOTION:	Refer SCR 06-002 to the Committee of the Whole with a favorable recommendation. The motion passed on a roll call vote of 6-0, with one excused.
SECONDED:
		VOTE
	Bacon	Yes
	Dyer	Excused
	Gordon	Yes
	Mitchell	Yes
	Traylor	Yes
	Shaffer	Yes
	Grossman	Yes
Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:21 PM -- Senate Bill 06-175

Senator Kester, prime sponsor, presented Senate Bill 06-175 concerning the creation of an intensive supervision probation program for juvenile sex offenders. The bill creates an intensive supervision probation program for juvenile sex offenders in the judicial department. It requires the program to provide the highest level of supervision available for juvenile probationers. The bill requires the court to sentence a juvenile who is ordered into probation for a sex offense, an offense with an underlying factual basis of a sex offense, or failure to register as a sex offender to the program.

02:24 PM -- Gail Ryan, Kempe Foundation, spoke in opposition to the bill. Ms. Ryan discussed her reasons for opposing the bill. She believes intensive supervision is not the best way to address every juvenile sex offender and the program created by the bill does not allow for circumstantial difference. She stated that the bill requires judges to order intensive supervision without consideration of the particular risks or needs of individuals. She also mentioned that it essentially negates the state standard requirement of differential responses based on individualized assessments. Finally, Ms. Ryan believes that the bill makes arbitrary decisions that are currently the responsibility of a multidisciplinary team, creating an imbalance of authority that impedes discretion and teamwork. Ms. Ryan responded to questions from the committee regarding the differences in juvenile sex offenders.

02:38 PM -- Tom Quinn, State Court Administrator's Office, spoke in favor of the bill. Mr. Quinn provided statistics to the committee regarding the violation of parole or probation by juvenile sex offenders in 2005. He stressed that Colorado serves as a model to other states for sex offender containment. Mr. Quinn responded to questions from the committee regarding the lack of discretion on the part of judges in sentencing juveniles to the program. The committee had a lengthy discussion regarding the resources needed to implement the program and other ways to use those resources.

02:55 PM

Senator Kester asked that the bill be laid over until Wednesday, February 22, at 1:30 PM. The committee had no objection.

02:56 PM -- House Bill 06-1063

Senator McElhany, bill sponsor, presented House Bill 06-1063 concerning the clarification of a court's ability to impose global position monitoring on persons involved in criminal matters. The bill clarifies that a court may impose global position monitoring as a method of supervising an offender in a criminal matter.

03:00 PM -- Paula Presley, El Paso County Sheriff's Office, spoke in favor of the bill. Ms. Presley stated that the jails are overcrowded and global positioning monitoring provides an alternative to incarceration. Ms. Presley responded to questions from the committee regarding vendors who provide global positioning monitoring.

03:03 PM -- Terry Maketa, El Paso County Sheriff's Office, spoke in favor of the bill. Sheriff Maketa reiterated Ms. Presley's testimony and stated that some judges are reluctant to use global positioning monitoring because of lack of clarity in the statutes.

03:06 PM

Senator McElhany wrapped up his presentation of the bill.


BILL:	HB06-1063
TIME:	03:07:37 PM
MOVED:	Dyer
MOTION:	Refer House Bill 06-1063 to the Committee of the Whole with a favorable recommendation and with a recommendation that it be placed on the consent calendar. The motion passed on a unanimous roll call vote.
SECONDED:
		VOTE
	Bacon	Yes
	Dyer	Yes
	Gordon	Yes
	Mitchell	Yes
	Traylor	Yes
	Shaffer	Yes
	Grossman	Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:09 PM -- Senate Bill 06-187

Senator Shaffer, prime sponsor, presented Senate Bill 06-187 concerning Title 7 of the Colorado Revised Statutes. The bill standardizes and clarifies several provisions in Colorado business entity law, including corporations, limited liability companies, limited liability partnerships, and limited liability limited partnerships.

03:11 PM -- Allen Sparkman, Colorado Bar Association, spoke in favor of the bill. Mr. Sparkman spoke about the improvements the bill will make to the business entity laws in Colorado. He stressed the need for standardization in the rules of each of the various business entities. Mr. Sparkman responded to questions from the committee regarding clarification of the language in the bill.

03:16 PM -- Bob Keating, Colorado Bar Association, spoke in support of the bill. Mr. Keating reiterated the testimony of Mr. Sparkman and made himself available to answer questions about the bill. He stressed that the bill represents a consensus by the various groups involved in drafting the bill.

03:19 PM

Senator Shaffer wrapped up his presentation.


BILL:	SB06-187
TIME:	03:21:03 PM
MOVED:	Shaffer
MOTION:	Refer Senate Bill 06-187 to the Committee of the Whole with a favorable recommendation. The motion passed on a unanimous roll call vote.
SECONDED:
		VOTE
	Bacon	Yes
	Dyer	Yes
	Gordon	Yes
	Mitchell	Yes
	Traylor	Yes
	Shaffer	Yes
	Grossman	Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:22 PM

Senator Grossman adjourned the committee.