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H_JUD_2023A 03/07/2023 01:34:54 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON JUDICIARY
Date 03/07/2023
Attendance
Armagost X
Bottoms X
Daugherty X
Epps X
Evans X
Garcia X
Marshall X
Sharbini X
Snyder X
Soper X
Woodrow *
Bacon X
Weissman X
Time 01:34:54 PM to 03:15:05 PM
Place HCR 0112
This Meeting was called to order by Weissman
This Report was prepared by Bo Pogue
Hearing Items Action Taken
HB23-1086 Amended, referred to House Appropriations
HB23-1214 Committee Discussion Only

HB23-1086 - Amended, referred to House Appropriations

01:35:54 PM  

Representative DeGraaf, prime sponsor, presented House Bill 23-1086, concerning enactment of the "Due Process Asset Forfeiture Act."  Representative DeGraaf first discussed the bill before the committee at its February 28 meeting. Representative DeGraaf explained the effect of the bill, as amended by amendment L.001 (Attachment A), and discussed its need. Representative DeGraaf responded to questions regarding stakeholder opinion on the amendment.

01:40:29 PM  
Mr Lee McGrath, representing Institute for Justice, testified in support of the bill.
01:44:34 PM  

Representative McGraaf explained the effect of amendment L.002 (Attachment B).



01:44:48 PM
Motion Adopt amendment L.002
Moved Soper
Seconded Armagost
Armagost
Bottoms
Daugherty
Epps
Evans
Garcia
Marshall
Sharbini
Snyder
Soper
Woodrow
Bacon
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


01:45:13 PM
Motion Adopt amendment L.001
Moved Soper
Seconded Armagost
Armagost
Bottoms
Daugherty
Epps
Evans
Garcia
Marshall
Sharbini
Snyder
Soper
Woodrow
Bacon
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


01:46:08 PM
Motion Refer House Bill 23-1086, as amended, to the Committee on Appropriations.
Moved Soper
Seconded Armagost
Armagost Yes
Bottoms Yes
Daugherty No
Epps Yes
Evans Yes
Garcia No
Marshall Yes
Sharbini No
Snyder Yes
Soper Yes
Woodrow Yes
Bacon Yes
Weissman Yes
Final YES: 10   NO: 3   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB23-1214 - Committee Discussion Only




HB23-1214 - Committee Discussion Only


01:49:52 PM  

Representative Epps, prime sponsor, presented House Bill 23-1214, concerning establishing procedures to apply for commutation of a criminal sentence. Representative Epps explained the effect of the bill and discussed its need. Representative Epps responded to questions regarding the potential for the bill to limit the Governor's ability to act.

01:56:58 PM  

Jamie Ray, representing Second Chance Center, testified in support of the bill. Ms. Gail Johnson, representing Johnson & Klein Law, testified to amend the bill. Ms. Lisa Lesyshen, representing herself, testified in support of the bill. Mr. Steve Allen, representing himself, testified in support of the bill. Discussion ensued regarding transparency in the clemency process in private and public prisons.

02:12:54 PM  
Kristen Nelson, representing Spero Justice Center, testified in support of the bill.

Abron Arrington, representing Second Chance Center, testified in support of the bill.

David Coleman, representing Second Chance Center, testified in support of the bill.

Eric Lightner, representing Second Chance Center, testified in support of the bill. Discussion ensued regarding different processes for seeking clemency among correctional institutions. Mr. Arrington responded to questions regarding his activities while in prison. Ms. Nelson and Mr. Arrington responded to questions regarding impediments preventing employees of the Department of Corrections from helping offenders with the clemency process. Discussion followed regarding information that comes before the Governor during the clemency process, and how the bill will ensure that the clemency process is functional and transparent.

02:52:03 PM  
Sean Marshall, representing himself, testified in support of the bill.

Annie Terry, representing Second Chance Center, testified in support of the bill.

03:08:55 PM  
Representative Epps discussed the merits of HB 23-1214. Discussion ensued regarding the bill. Representative Weissman laid over the bill for future action.


03:15:05 PM   The committee adjourned.






The effective date for bills enacted without a safety clause is August 7, 2024, if the General Assembly adjourns sine die on May 8, 2024, unless otherwise specified. Details