House Committee on Judiciary (02/02/2012)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:	02/02/2012	ATTENDANCE

Time:	01:35 PM to 06:55 PM	DelGrosso	X
		Duran	X
Place:	HCR 0107	Kagan	X
		Lee	*
This Meeting was called to order by		Nikkel	*
	Representative Gardner B.	Pabon	X
		Ryden	X
This Report was prepared by		Sonnenberg	X
	Jessika Shipley	Waller	X
		Barker	X
		Gardner B.	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Sunset Review of Professional Review Committees and the Committee on Anticompetitive Conduct HB12-1026 HB12-1088 HB12-1079 HB12-1101 HB12-1079		Recommendation of the Introduction of Two Draft Bills Amended, Referred to the Committee of the Whole Referred to the Committee of the Whole Referred to State, Veterans, & Military Affairs Amended, Referred to Appropriations Referred to State, Veterans, & Military Affairs

01:35 PM -- Sunset Review of Professional Review Committees and the Committee on Anticompetitive Conduct

Representative Gardner announced a change to the bill order.

01:37 PM -- Bruce Harrelson, representing the Department of Regulatory Agencies (DORA), explained the sunset review process. Mr. Harrelson discussed the 2011 sunset review report of professional review committees and the Committee on Anticompetitive Conduct (Attachment A). He read the six recommendations in the report and explained the reason DORA made each recommendation. DORA recommended the continuation of professional review committees and sunsetting the Committee on Anticompetitive Conduct. It also recommended the authorization of professional review for physicians assistants and advanced practice nurses. Mr. Harrelson responded to questions from the committee.

01:51 PM -- Dr. Brent Keeler, representing the Colorado Medical Society, testified about the sunset review of professional review committees. Dr. Keeler distributed a fact sheet about professional review committees (Attachment B). He commended DORA on its conduct during the sunset review process and spoke at length about the use of professional review committees in the medical arena. Dr. Keeler responded to questions from the committee.

02:02 PM -- Susan Koontz, representing the Colorado Medical Society, testified about the amendments requested by the Colorado Medical Society to the proposed draft bill concerning the continuation of professional review committees, LLS No. 12-0356 (Attachment C). She discussed proposed amendments 002, 003, and 004 (Attachments D, E, and F) to Attachment C.

02:08 PM -- Mel Sabey, representing himself, testified about the professional review committee process and the Committee on Anticompetitive Conduct. Mr. Sabey urged the committee to be cautious about eliminating the Committee on Anticompetitive Conduct without a replacement system in place.

02:13 PM -- Elisa Patterson, representing the Colorado Nurses Association, testified about amendment 001 (Attachment G) to Attachment C.

02:15 PM -- Duane Gall, representing the Office of Legislative Legal Services, came to the table to explain the function of Attachment G. Mr. Gall explained the reason the committee has two draft bills to consider. LLS No. 12-0357 (Attachment H) discontinues the Committee on Anticompetitive Conduct.

02:19 PM

The committee discussed the two draft bills.


BILL:	Sunset Review of Professional Review Committees and the Committee on Anticompetitive Conduct
TIME:	02:24:55 PM
MOVED:	Gardner B.
MOTION:	Adopt amendment 001 (Attachment G) to LLS No. 12-0356. The motion passed without objection.
SECONDED:	Ryden
		VOTE
	DelGrosso
	Duran
	Kagan
	Lee	Excused
	Nikkel	Excused
	Pabon
	Ryden
	Sonnenberg
	Waller
	Barker
	Gardner B.

YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	Sunset Review of Professional Review Committees and the Committee on Anticompetitive Conduct
TIME:	02:26:29 PM
MOVED:	Gardner B.
MOTION:	Adopt amendment 002 (Attachment D) to LLS No. 12-0356. The motion passed without objection.
SECONDED:	Barker
		VOTE
	DelGrosso
	Duran
	Kagan
	Lee	Excused
	Nikkel	Excused
	Pabon
	Ryden
	Sonnenberg
	Waller
	Barker
	Gardner B.

YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	Sunset Review of Professional Review Committees and the Committee on Anticompetitive Conduct
TIME:	02:35:20 PM
MOVED:	Gardner B.
MOTION:	Adopt amendment 003 (Attachment E) to LLS No. 12-0356, but strike lines 9 and 10. The motion passed without objection.
SECONDED:	Ryden
		VOTE
	DelGrosso
	Duran
	Kagan
	Lee	Excused
	Nikkel	Excused
	Pabon
	Ryden
	Sonnenberg
	Waller
	Barker
	Gardner B.

YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	Sunset Review of Professional Review Committees and the Committee on Anticompetitive Conduct
TIME:	02:35:34 PM
MOVED:	Gardner B.
MOTION:	Adopt amendment 004 (Attachment F) to LLS No. 12-0356. The motion passed without objection.
SECONDED:	Barker
		VOTE
	DelGrosso
	Duran
	Kagan
	Lee	Excused
	Nikkel	Excused
	Pabon
	Ryden
	Sonnenberg
	Waller
	Barker
	Gardner B.

YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	Sunset Review of Professional Review Committees and the Committee on Anticompetitive Conduct
TIME:	02:36:21 PM
MOVED:	Gardner B.
MOTION:	Recommend the introduction of LLS No. 12-0356, as amended. The motion passed on a vote of 9-0.
SECONDED:	Ryden
		VOTE
	DelGrosso	Yes
	Duran	Yes
	Kagan	Yes
	Lee	Excused
	Nikkel	Excused
	Pabon	Yes
	Ryden	Yes
	Sonnenberg	Yes
	Waller	Yes
	Barker	Yes
	Gardner B.	Yes

Final YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS


BILL:	Sunset Review of Professional Review Committees and the Committee on Anticompetitive Conduct
TIME:	02:37:18 PM
MOVED:	Gardner B.
MOTION:	Recommend the introduction of LLS No. 12-0357 (Attachment H), as drafted. The motion passed on a vote of 8-1.
SECONDED:	Barker
		VOTE
	DelGrosso	Yes
	Duran	Yes
	Kagan	No
	Lee	Excused
	Nikkel	Excused
	Pabon	Yes
	Ryden	Yes
	Sonnenberg	Yes
	Waller	Yes
	Barker	Yes
	Gardner B.	Yes

Final YES: 8 NO: 1 EXC: 2 ABS: 0 FINAL ACTION: PASS

02:39 PM

Representative Gardner agreed to sponsor both bills. Representatives Barker, Ryden, and Waller agreed to co-sponsor both bills.

02:41 PM -- House Bill 12-1026

Representative Coram, prime sponsor, presented House Bill 12-1026 concerning peace officer status for certain municipal prosecuting attorneys. He distributed prepared amendments L.001 and L.003 (Attachments I and J) and explained both. The bill confers peace officer status on municipal prosecuting attorneys and allows them to become certified by the Peace Officer Standards and Training (POST) Board.

02:49 PM -- Annmarie Jensen, representing the Colorado Association of Chiefs of Police, testified in support of the bill with prepared amendment L.003. Ms. Jensen stated that the amendment would properly narrow the bill.

02:51 PM -- Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill and amendment L.003.

02:51 PM -- Bennet Morris, representing the City of Montrose, testified in support of the bill. Mr. Morris is the chief prosecuting attorney for the City of Montrose. He discussed the drafting process of the bill. He distributed a letter of support from the POST Board (Attachment K). Mr. Morris explained the reasons municipal prosecutors feel they need peace officer status.

02:58 PM -- Jeff Wells, representing the City of Fort Morgan, testified in support of the bill. Mr. Wells discussed the reasons for conferring peace officer status on municipal prosecutors. He responded to questions from the committee about amendment L.003.

03:08 PM -- Michael Dohr, representing the Office of Legislative Legal Services, explained the wording of amendment L.003.

03:11 PM -- Commander Gene Lillard, representing the Montrose Police Department, testified in support of the bill. Commander Lillard discussed the practical effect of conferring peace officer status on municipal prosecutors. He responded to questions from the committee.


BILL:	HB12-1026
TIME:	03:16:06 PM
MOVED:	Kagan
MOTION:	Adopt prepared amendment L.003 (Attachment J). The motion passed without objection.
SECONDED:	Barker
		VOTE
	DelGrosso
	Duran
	Kagan
	Lee
	Nikkel
	Pabon
	Ryden
	Sonnenberg
	Waller
	Barker
	Gardner B.

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB12-1026
TIME:	03:16:58 PM
MOVED:	Barker
MOTION:	Adopt prepared amendment L.001 (Attachment I). The motion passed without objection.
SECONDED:	Kagan
		VOTE
	DelGrosso
	Duran
	Kagan
	Lee
	Nikkel
	Pabon
	Ryden
	Sonnenberg
	Waller
	Barker
	Gardner B.

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

03:17 PM

Representative Coram wrapped up his presentation of the bill and asked for a favorable recommendation.


BILL:	HB12-1026
TIME:	03:18:21 PM
MOVED:	Barker
MOTION:	Refer House Bill 12-1026, as amended, to the Committee of the Whole. The motion passed on a vote of 10-1.
SECONDED:	Waller
		VOTE
	DelGrosso	Yes
	Duran	Yes
	Kagan	Yes
	Lee	Yes
	Nikkel	Yes
	Pabon	Yes
	Ryden	Yes
	Sonnenberg	No
	Waller	Yes
	Barker	Yes
	Gardner B.	Yes

Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:20 PM -- House Bill 12-1088

Representative Holbert, co-prime sponsor, presented House Bill 12-1088 concerning the use of deadly physical force against a person who makes an illegal entry into a place of business. He distributed a list of states in which the Castle Doctrine is law (Attachment L) and a section of the Colorado Revised Statutes concerning the use of physical force (Attachment M). Current law permits the occupant of a dwelling to use deadly physical force against another person who has unlawfully entered the dwelling if the occupant reasonably believes that the intruder is committing, has committed, or intends to commit a crime other than the unlawful entry. This bill adds a place of business to the locations that may be defended with deadly physical force and an owner, manager, or employee of a business to the individuals who may defend a place using deadly physical force.

Representative Holbert responded to questions from the committee. Discussion ensued about the immunity from prosecution established by the bill.

03:41 PM

Members of the committee continued to question Representative Holbert about the need for the bill.

03:50 PM

Committee discussion continued about the merits of the bill.

03:58 PM -- Luke O'Dell, representing the Rocky Mountain Gun Owners Association, testified in support of the bill. Mr. O'Dell spoke about existing laws concerning the use of deadly force. He indicated that this bill represents a narrow expansion of those laws. He provided an example of a business owner who was prosecuted for shooting an intruder to his business. Mr. O'Dell responded to questions from the committee.

04:04 PM -- Mike Violette, representing the Fraternal Order of Police, testified in support of the bill. Mr. Violette indicated that existing Colorado laws concerning the use of deadly force have worked well since their passage and have not resulted in an increase in violent crime.

04:08 PM -- Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill.

04:09 PM -- Robert Edmiston, representing the Firearms Coalition of Colorado, testified in support of the bill. Mr. Edmiston discussed the use of deadly force. He provided the committee with a summary of gun control research (Attachment N). He discussed the studies mentioned in the handout.

04:12 PM -- James Boelens, representing himself, testified in support of the bill. Mr. Boelens spoke about his Second Amendment rights. He responded to questions from the committee about places where it might not be appropriate to carry a firearm.

04:16 PM -- Mike Donahue, representing himself, testified in support of the bill. Mr. Donahue spoke about the importance of protecting one's business and the need for immunity from prosecution.

04:19 PM -- Cindy Lyons, representing herself, testified in support of the bills. Ms. Lyons discussed her Second Amendment rights.

04:19 PM -- Robert Gerle, representing himself, testified in opposition to the bill as drafted. Mr. Gerle provided information about his background. He discussed the use of firearms as a deterrent. Mr. Gerle clarified that he only has one concern about the bill and is actually a proponent of the bill. Mr. Gerle addressed questions from the committee.

04:25 PM -- Chief Mark Beckner, representing the Colorado Association of Chiefs of Police (CACP), testified in opposition to the bill. Chief Beckner said the CACP is concerned about the standard set by the bill for deadly force. He pointed to specific language in the bill that concerns him. He said the CACP supports existing law regarding the ability of citizens to protect themselves. Chief Beckner addressed questions from the committee.

04:35 PM -- Amy Miller, representing the Colorado Coalition Against Domestic Violence, testified in opposition to the bill. Ms. Miller explained that her organization believes that people have the right to defend themselves, but that the bill is too broad. Ms. Miller addressed questions from the committee.

04:40 PM -- Eileen McCarron, representing the Colorado Ceasefire Capitol Fund, testified in opposition to the bill. Ms. McCarron responded to questions from the committee.

04:44 PM


BILL:	HB12-1088
TIME:	04:45:17 PM
MOVED:	Sonnenberg
MOTION:	Refer House Bill 12-1088 to the Committee of the Whole. Members of the committee discussed their positions on the bill. The motion passed on a vote of 6-5.
SECONDED:	Nikkel
		VOTE
	DelGrosso	Yes
	Duran	No
	Kagan	No
	Lee	No
	Nikkel	Yes
	Pabon	No
	Ryden	No
	Sonnenberg	Yes
	Waller	Yes
	Barker	Yes
	Gardner B.	Yes

Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:49 PM -- House Bill 12-1079

Representative Barker, prime sponsor, presented House Bill 12-1079 concerning the designation of certain positions in the Colorado Department of Public Safety (CDPS). This bill permits the executive director of the CDPS to appoint a deputy executive director for the department to act with the same powers, duties, and responsibilities as the executive director in the executive director's absence. It designates the deputy executive director and the director of the Division of Criminal Justice as peace officers.

04:53 PM -- Kathy Sasak, representing the CDPS, testified in support of the bill. Ms. Sasak responded to questions from the committee.

04:55 PM -- David Blake, representing the Colorado Attorney General's Office, testified in support of the bill. Mr. Blake discussed the process of certification by the POST Board.


BILL:	HB12-1079
TIME:	04:58:22 PM
MOVED:	Barker
MOTION:	Refer House Bill 12-1079 to the Committee of the Whole. The motion passed on a vote of 10-1.
SECONDED:	Kagan
		VOTE
	DelGrosso	Yes
	Duran	Yes
	Kagan	Yes
	Lee	Yes
	Nikkel	Yes
	Pabon	Yes
	Ryden	Yes
	Sonnenberg	No
	Waller	Yes
	Barker	Yes
	Gardner B.	Yes

Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:59 PM -- House Bill 12-1101

Representative Barker, prime sponsor, presented House Bill 12-1101 concerning the culpable mental state for identity theft. He distributed prepared amendments L.001, L.002, and L.003 (Attachments O, P, and Q). This bill clarifies statutory language describing the criminal offense of identity theft. To commit identity theft, an individual need not be aware that the personal identifying information, financial identifying information, or financial device belongs to another person.

Background. On October 25, 2010, the Colorado Supreme Court issued an opinion in the case of Montes-Rodriguez v. People, in which the court determined that an individual must know that he or she is using another person's personal identifying information, financial identifying information, or a financial device to be guilty of criminal impersonation. Prior to this ruling, district attorneys were prosecuting criminal impersonation and identity theft cases based on the assumption that the defendant did not need to be aware that he or she was using identifying information that belonged to a different person. House Bill 12-1101 aligns state law with district attorney practices prior to October 25, 2010.

05:03 PM -- Bridget Klauber, representing the Colorado Criminal Defense Bar, testified in opposition to the bill. Ms. Klauber listed her concerns with the bill. She responded to questions from the committee.

05:14 PM -- Denise Maes, representing the American Civil Liberties Union, testified in opposition to the bill. Ms. Maes stated her opinion that the bill is duplicative and unnecessary. She spoke about classic cases of identity theft and the issue of intent. She discussed equal protection concerns she has with the bill and indicated that penalties in the bill are too severe. Ms. Maes responded to questions from the committee.

05:18 PM -- Hans Meyer, representing the Colorado Immigrant Rights Coalition, testified in opposition to the bill. Mr. Meyer discussed standards of intent with regard to criminal offenses in Colorado. He spoke about case law on the subject.

05:22 PM -- Heather Joy Turner, representing herself, testified in opposition to the bill. Ms. Turner spoke about her background and her experience with mental illness. She expressed her opinion that the bill is unnecessary. She spoke about her concerns with the committee's policy for allowing public testimony.

05:27 PM -- Heather Joyce, representing the Consumer Data Industry Association, indicated that her members are considering their position on the bill.

05:29 PM -- Julie Gonzales, representing the Colorado Immigrant Rights Coalition, testified in opposition to the bill. Ms. Gonzales spoke about the issue of intent. She raised concerns about the assumptions in the fiscal note. She responded to questions from the committee.

05:33 PM -- Ted Vidimos, representing himself, testified in support of the bill. Mr. Vidimos spoke about his personal experience as a victim of identity theft. He responded to questions from the committee about his experience.

05:49 PM -- Dr. Lisa Rue, representing herself, testified in support of the bill. Dr. Rue spoke about her personal experience as the victim of identity theft.

05:58 PM -- Scott Storey, district attorney for the First Judicial District, testified in support of the bill. Mr. Storey spoke about the difficulty in prosecuting identity theft crimes and discussed a culpable mental state. He talked about his experience with victims of identity theft and about the devastation to those victims. Mr. Storey responded to questions from the committee.

06:14 PM -- Tom Raynes, representing the Colorado District Attorneys' Council, testified in support of the bill. Mr. Raynes spoke about the Montes-Rodriguez v. People and the Flores-Figueroa v. Peoplecases regarding the culpable mental state in identity theft cases. He discussed strict liability in Colorado statutes and the penalties for identity theft. He responded to questions from the committee. Mr. Raynes stated that the Colorado Attorney General also supports the bill.

06:27 PM

The committee continued to discuss the culpable mental state necessary for the commission of identity theft.

06:36 PM -- Mike Violette, representing the Colorado Fraternal Order of Police, testified in support of the bill. Mr. Violette reiterated the testimony of the previous witness. He spoke about the harm caused by the crime of identity theft. He provided some statistics about identity theft in the United States.


BILL:	HB12-1101
TIME:	06:38:29 PM
MOVED:	Barker
MOTION:	Adopt prepared amendment L.001 (Attachment O). The motion passed without objection.
SECONDED:	Nikkel
		VOTE
	DelGrosso
	Duran
	Kagan
	Lee
	Nikkel
	Pabon
	Ryden
	Sonnenberg
	Waller
	Barker
	Gardner B.

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB12-1101
TIME:	06:39:23 PM
MOVED:	Barker
MOTION:	Adopt prepared amendment L.002 (Attachment P). The motion passed on a vote of 9-2.
SECONDED:	Waller
		VOTE
	DelGrosso	Yes
	Duran	No
	Kagan	Yes
	Lee	No
	Nikkel	Yes
	Pabon	Yes
	Ryden	Yes
	Sonnenberg	Yes
	Waller	Yes
	Barker	Yes
	Gardner B.	Yes

YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB12-1101
TIME:	06:44:28 PM
MOVED:	Barker
MOTION:	Adopt prepared amendment L.003 (Attachment Q). The motion passed without objection.
SECONDED:	Nikkel
		VOTE
	DelGrosso
	Duran
	Kagan
	Lee
	Nikkel
	Pabon
	Ryden
	Sonnenberg
	Waller
	Barker
	Gardner B.

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB12-1101
TIME:	06:52:29 PM
MOVED:	Barker
MOTION:	Refer House Bill 12-1101, as amended, to the Committee on Appropriations. The motion passed on a vote of 7-4.
SECONDED:	Nikkel
		VOTE
	DelGrosso	Yes
	Duran	No
	Kagan	No
	Lee	Yes
	Nikkel	Yes
	Pabon	No
	Ryden	No
	Sonnenberg	Yes
	Waller	Yes
	Barker	Yes
	Gardner B.	Yes

Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

06:53 PM -- House Bill 12-1079


BILL:	HB12-1079
TIME:	06:53:49 PM
MOVED:	Sonnenberg
MOTION:	Reconsider the previous vote on House Bill 12-1079. The motion passed on a vote of 11-0.
SECONDED:	Pabon
		VOTE
	DelGrosso	Yes
	Duran	Yes
	Kagan	Yes
	Lee	Yes
	Nikkel	Yes
	Pabon	Yes
	Ryden	Yes
	Sonnenberg	Yes
	Waller	Yes
	Barker	Yes
	Gardner B.	Yes

YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB12-1079
TIME:	06:54:28 PM
MOVED:	Waller
MOTION:	Refer House Bill 12-1079 to the Committee on State, Veterans, and Military Affairs. The motion passed on a vote of 11-0.
SECONDED:	Kagan
		VOTE
	DelGrosso	Yes
	Duran	Yes
	Kagan	Yes
	Lee	Yes
	Nikkel	Yes
	Pabon	Yes
	Ryden	Yes
	Sonnenberg	Yes
	Waller	Yes
	Barker	Yes
	Gardner B.	Yes

Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

06:55 PM

The committee adjourned.