Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON JUDICIARY

Date:04/29/2009
ATTENDANCE
Time:03:59 PM to 05:05 PM
Hudak
*
King K.
X
Place:SCR 352
Lundberg
X
Newell
X
This Meeting was called to order by
Renfroe
X
Senator Morse
Carroll M.
E
Morse
X
This Report was prepared by
Sara McPhee
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
Conf 09- Commission on Judicial Discipline
HB09-1334
HB09-1081		Favorably Refer to the Full Senate
Referred to the Committee of the Whole
Amended, Referred to Appropriations


04:00 PM -- Commission on Judicial Discipline

Joseph Samuel, nominee for the Commission on Judicial Discipline, spoke about his qualifications. He stated that he works for First Data, where he manages global corporate relations and philanthropic activities. He believes that the work of the commission is important and he is excited to do his part.

Senator King asked about the role of the commission. Bill Campbell, representing the Commission on Judicial Discipline, spoke about the commission and the number of cases heard by the commission. He said they average about 200 complaints a year and approximately 10 of those turn out to be serious complaints.
BILL:Conf 09-Judicial Discipline
TIME: 04:05:59 PM
MOVED:Morse
MOTION:Moved to favorably refer the name of Joseph Samuel as a member of the Colorado Commission on Judicial Discipline. The motion passed on a 6-0 roll call vote.
SECONDED:
VOTE
Hudak
Yes
King K.
Yes
Lundberg
Yes
Newell
Yes
Renfroe
Yes
Carroll M.
Excused
Morse
Yes
Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS



04:06 PM -- House Bill 09-1334

Senator Newell, bill sponsor, presented House Bill 09-1334 concerning the aggregation of multiple offenses involving theft-type crimes into a single offense. She explained that the bill is a result of a recent Supreme Court decision that interpreted the theft statutes differently than they are used in practice.

04:10 PM -- Robin Whitley, representing the Colorado District Attorneys Association, spoke in support of the bill. He provided the committee with an overview of the Supreme Court case and the way that the theft statutes are interpreted after that decision. He distributed a handout (Attachment A).

09SenateJud0429AttachA.pdf

04:20 PM

The committee discussed the specifics of the Supreme Court decision with Mr. Whitley.

04:20 PM -- Carl Glatstein, representing himself, spoke in support of the bill. He stated that he specializes in elder law and he believes that this bill will help to prevent exploitation of the elderly.

04:23 PM -- Chris Howes, representing the Colorado Retail Council, spoke in support of the bill. He discussed the prevalence of crime in retail establishments.
BILL:HB09-1334
TIME: 04:26:10 PM
MOVED:Newell
MOTION:Refer House Bill 09-1334 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a 6-0 roll call vote.
SECONDED:
VOTE
Hudak
Yes
King K.
Yes
Lundberg
Yes
Newell
Yes
Renfroe
Yes
Carroll M.
Excused
Morse
Yes
Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS













04:27 PM -- House Bill 09-1081

Senator Morse, bill sponsor, presented House Bill 09-1081 concerning an increase in the length of the statute of limitations for vehicular homicide. Senator Morse stated that this bill increases the statute of limitations from three years to five years. He related information about a case where the vehicular homicide could not be prosecuted because the statute of limitations had run out.

04:31 PM -- Mike Barnett, representing the Fountain Police Department, spoke in support of the bill. He discussed a case of vehicular homicide that could not be prosecuted because of the statute of limitations.


04:39 PM

The committee asked Mr. Barnett about the statute of limitations for other crimes. Mr. Barnett stated that the statute of limitations for most felonies is three years.

04:41 PM -- Tom Davis, representing the Fountain Police Department, spoke in support of the bill. He also discussed a vehicular homicide case that they were not able to prosecute because of the statute of limitations.

04:46 PM -- Peg Ackerman, representing the County Sheriffs of Colorado, spoke in support of the bill.


04:48 PM

Senator Morse concluded his presentation of the bill. He stated that in many states vehicular homicide is treated as homicide and there is no statute of limitations. In other states, there is a statute of limitations, but it is longer than three years.
BILL:HB09-1081
TIME: 04:49:54 PM
MOVED:King K.
MOTION:Moved to amend House Bill 09-1081 by striking sections 2 through 9 and adding an exception to the 5-year appropriation. The motion passed without objection.
SECONDED:
VOTE
Hudak
King K.
Lundberg
Newell
Renfroe
Carroll M.
Excused
Morse
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection







BILL:HB09-1081
TIME: 05:04:13 PM
MOVED:Morse
MOTION:Refer House Bill 09-1081, as amended, to the Committee on Appropriations. The motion passed on a 6-0 roll call vote.
SECONDED:
VOTE
Hudak
Yes
King K.
Yes
Lundberg
Yes
Newell
Yes
Renfroe
Yes
Carroll M.
Excused
Morse
Yes
Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


05:05 PM

The committee adjourned.