Senate Committee on Judiciary (04/13/2009)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON JUDICIARY

Date:	04/13/2009	ATTENDANCE

Time:	03:29 PM to 04:46 PM	Hudak	X
		King K.	X
Place:	SCR 352	Lundberg	X
		Newell	X
This Meeting was called to order by		Renfroe	X
	Senator Morse	Carroll M.	X
		Morse	X
This Report was prepared by
	Sara McPhee
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB09-1120 HB09-1305		Referred to the Committee of the Whole Referred to the Committee of the Whole

03:29 PM -- House Bill 09-1120

Senator Penry, bill sponsor, presented House Bill 09-1120 concerning criminalizing certain acts in order to protect the safety of certain public servants.

03:31 PM -- Mark Randall, representing the Colorado District Attorneys Council, spoke in support of the bill. Mr. Randall distributed a handout (Attachment A). He discussed that if an officer is in a detention facility it is a class 4 felony if someone throws bodily fluid on an officer. However, it is a much lower charge if this situations occurs outside of a detention facility. According to Mr. Randall, this bill makes it third degree assault if a person causes a peace officer, firefighter, or emergency medical technician to come into contact with certain biological or hazardous materials. The bill also requires the individual to submit to a medical test for communicable diseases.

03:37 PM -- Jamie Svalberg, representing the Denver Police Department and the Colorado Chiefs of Police, spoke in support of the bill. She discussed her experiences with having an individual spit in her eyes and mouth. Ms. Svalberg noted that the individual was charged with simple assault and Ms. Svalberg has to undergo several sets of testing for communicable diseases.

03:41 PM -- Peg Ackerman, representing the County Sheriffs of Colorado, spoke in support of the bill. She noted that this bill may have some fiscal impact to the jails.

03:43 PM -- Marcos Mocine-McQueen, representing the Colorado Professional Firefighters, spoke in support of the bill. He discussed the role of firefighters and emergency medical technicians and why they should be included under the bill.


BILL:	HB09-1120
TIME:	03:50:56 PM
MOVED:	Renfroe
MOTION:	Refer House Bill 09-1120 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a 7-0 roll call vote.
SECONDED:
		VOTE
	Hudak	Yes
	King K.	Yes
	Lundberg	Yes
	Newell	Yes
	Renfroe	Yes
	Carroll M.	Yes
	Morse	Yes

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

03:52 PM -- House Bill 09-1305

Senator Veiga, bill sponsor, presented House Bill 09-1305 concerning limitations on the requirements for cost bonds in civil lawsuits. Senator Veiga explained that the bill allows people to have their day in court without having substantial costs placed on the plaintiff.

03:55 PM -- Casey Quillen, representing the Colorado Defense Lawyers Association, spoke in opposition to the bill. She noted that her main concern is that the bill removes judicial discretion in imposing cost bonds. She believes that the $5,000 cap on cost bonds may not be sufficient in some cases. According to Ms. Quillen, it is very difficult to pursue collections in cases where the plaintiff is out of state.

04:00 PM

Senator Carroll asked about frivolous lawsuits and ways that costs are recouped in those cases.

04:01 PM -- Michael Hutchinson, representing himself, spoke in opposition to the bill. He discussed the types of costs that would be included in a cost bond and noted that the $5,000 cap will not cover the costs in most cases. He described a case he is litigating that involves an out of state plaintiff where the costs are much higher than $5,000.

04:14 PM

The committee discussed cost bonds with Mr. Hutchinson. Senator Renfroe distributed Amendment L.005 (Attachment B).

04:16 PM -- Curt Zelepugas, representing himself, spoke in support of the bill. He discussed his personal experiences with a lawsuit that he pursued where a $50,000 cost bond was imposed. Senator Renfroe asked if Mr. Zelepugas was a resident during the lawsuit and Mr. Zelepugas indicated that he was a resident of Colorado.

04:21 PM -- Scott Espinoza, representing himself, spoke in support of the bill. He discussed his personal experiences with cost bonds and not being able to pursue his case because of a high cost bond.

04:26 PM -- Donald D'Antuono, representing himself, spoke in support of the bill. He discussed several situations where Colorado residents are forced to pay high cost bonds. He noted that the indigent are not required to pay cost bonds, but the middle class are in situations where their cases may be dismissed because they cannot pay for the cost bonds.

04:30 PM -- Julia Thompson, representing the Colorado Trial Lawyers Association, spoke in support of the bill. She indicated that she believes that this bill is about ensuring that people have access to the courts. She noted that 47 states do not have resident cost bonds.

04:40 PM

Senator Veiga concluded her presentation of the bill.


BILL:	HB09-1305
TIME:	04:41:39 PM
MOVED:	Renfroe
MOTION:	Adopt prepared Amendment L.005 (Attachment B). The motion failed on a 3-4 roll call vote.
SECONDED:
		VOTE
	Hudak	No
	King K.	Yes
	Lundberg	Yes
	Newell	No
	Renfroe	Yes
	Carroll M.	No
	Morse	No

Not Final YES: 3 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB09-1305
TIME:	04:45:36 PM
MOVED:	Carroll M.
MOTION:	Refer House Bill 09-1305 to the Committee of the Whole. The motion passed on a 4-3 roll call vote.
SECONDED:
		VOTE
	Hudak	Yes
	King K.	No
	Lundberg	No
	Newell	Yes
	Renfroe	No
	Carroll M.	Yes
	Morse	Yes

Final YES: 4 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:46 PM

The committee adjourned.