S_JUD_2023A 02/13/2023 01:35:41 PM Committee Summary PUBLICSTAFF SUMMARY OF MEETINGSENATE COMMITTEE ON JUDICIARY Date 02/13/2023 Attendance Gardner * Roberts X Van Winkle * Rodriguez X Gonzales X Time 01:35:41 PM to 06:31:54 PM Place Old Supreme Court This Meeting was called to order by Gonzales This Report was prepared by Juliann Jenson Hearing Items Action Taken hSB23-022 Referred to Senate Appropriations hSB23-039 Amended, referred to Senate Appropriations hSB23-075 Amended, referred to Senate Appropriations SB23-022 - Referred to Senate Appropriations 01:37:02 PM Senator Henrichsen, bill sponsor, presented Senate Bill 23-022, concerning adding aggravated motor vehicle theft to the list of convictions that apply to the offense of possession of weapons by previous offenders (POWPO). He discussed the need for the bill and the increase in aggravated motor vehicle thefts in the state. Committee members discussed the bill title. 01:43:49 PM Ms Maureen Cain, representing Office of State Public Defender, testified in opposition to the bill. She discussed recommendations from the Colorado Commission on Criminal and Juvenile Justice (CCJJ) sentencing reform task force. 01:53:31 PM District Attorney John Kellner, representing 18th Judicial District, testified to amend the bill. He also recommended to include felony distribution of drugs as an underlying POWPO offense. Tristan Gorman, representing Colorado Criminal Defense Bar, testified to amend the bill. She discussed predicate offenses and raised concerns about adding drug distribution. 02:01:16 PM Ms. Eileen McCarron, representing Colorado Ceasefire, testified in support of the bill. She discussed an increase in vehicle theft and violent crime. Mollie Steinemann, representing Colorado Municipal League, testified in support of the bill. She discussed the rise in vehicle theft. Chief Chris Noeller, representing Colorado Association Chiefs of Police - Pueblo Police Department, testified in support of the bill. He noted an increase in violent crime and auto theft. Commander Doug Trainer, representing City of Colorado Springs/Colorado Springs Police Department, testified in support of the bill. He raised concerns about auto theft and violent crime. Committee members asked questions about arrest and conviction rate for auto theft. 02:13:21 PM Colonel Matthew Packard, representing Colorado State Patrol, testified in support of the bill. He discussed the number of guns uncovered in auto theft. Sheriff Tyler Brown, representing County Sheriff’s of Colorado, testified in support of the bill. He discussed criminal behavior and motor vehicle theft. Committee discussed followed about the arrest rate for motor vehicle theft and collaborative approaches to decrease the incidence of it. The committee took a brief recess. 02:35:20 PM The committee was called back to order. The bill sponsor had no amendments and proceeded to closing remarks. 02:36:46 PM Motion Refer Senate Bill 23-022 to the Committee on Appropriations. Moved Rodriguez Seconded Gardner Yes Roberts Yes Van Winkle Yes Rodriguez Yes Gonzales No Final YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS SB23-075 - Committee Discussion Only Attachment Tag File Name Attachment http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/F3DFE82A08B3...$File/Attachment A Merged.pdf?OpenElement Attachment A Merged.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/F419EDDA9CD3...$File/Attachment B SB075_L.001.pdf?OpenElement Attachment B SB075_L.001.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/481C215BEDA5...$File/Attachment C SB075_L.002.pdf?OpenElement Attachment C SB075_L.002.pdf 02:37:00 PM Senator Exum, co-prime sponsor, presented Senate Bill 23-075, concerning the deletion of children's identifying information from criminal records released to the public. He discussed victim rights and protecting children's privacy. He referenced an upcoming amendment regarding delaying the bill's implementation, in addition to allowing certain exceptions. Committee members asked questions about penalties for disclosing a child's name who was a victim of a sex crime. 02:48:55 PM Mr. Jeff Roberts, representing Colorado Freedom of Information Coalition, testified in opposition to the bill. He raised concerns about mandatory redactions under all circumstances. Committee members asked questions about victim privacy and public interest. Discussion ensued about balancing victim privacy and public interest, followed by penalties in the Children's Code for revealing names of child sex crime victims. 03:00:17 PM Senator Fields, co-prime sponsor, joined the committee and made introductory comments. Mr. Pete Schulte, representing City of Aurora, Colorado, testified in support of the bill. He discussed current law and support family decisions on the topic. Mayor Mike Coffman, representing City of Aurora, testified in support of the bill. He discussed safety issues for young people. Committee members asked questions about police department redactments and workload. Further discussion ensued about willful disclosure penalties. Committee members next discussed exceptions to the child identifying redactments. 03:20:07 PM Mr. Art Acevedo, representing City of Aurora, testified in support of the bill. He spoke out against any exceptions to the redactions. Committee members asked about redaction costs. The committee discussed the review and redactment process for officer involved shootings of a minor. 03:30:34 PM Ms. Lily Rottenborn, representing themself, testified in support of the bill. She relayed a personal experience identifying information and a young victim on social media. Ms. Anna Shelton, representing themself, testified in support of the bill. She relayed a personal story about identifying information and her friend's murder. Ms. Courtenay Whitelaw, representing themself, testified in support of the bill. She shared a personal experience about her daughter's identifying information disseminated on social media and elsewhere. 03:48:13 PM Mr. Dan Olson, representing themself, testified in support of the bill. He discussed the necessity of protecting children and providing safeguards. Courtney Sutton, representing Colorado Organization for Victim Assistance, testified in support of the bill. Mollie Steinemann, representing Colorado Municipal League, testified in support of the bill. Ms Emily Tofte Nestaval, representing Rocky Mountain Victim Law Center, testified in support of the bill. 03:58:37 PM Mr. Tim Regan-Porter, representing Colorado Press Association, testified to amend the bill. He discussed the need for accountability in certain cases. Committee members discussed "threading the needle" and public interest. Written testimony in support of the bill is in Attachment A. 04:06:38 PM Senator Exum distributed and explained Amendment L. 001 (Attachment B). 04:08:07 PM Motion Adopt amendment L.001 (Attachment B) Moved Rodriguez Seconded Gardner Roberts Van Winkle Rodriguez Gonzales YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 04:08:22 PM Senator Exum distributed and explained Amendment L.002 regarding exceptions in certain situation (Attachment C). Committee members asked questions about the amendment. Zach Blaes, Office of Legislative Legal Services, explained the amendment. Committee discussion ensued about the the amendment's exceptions. The amendment was withdrawn. 04:29:07 PM Motion Adopt amendment L.002 (Attachment C) Moved Rodriguez Seconded Gardner Roberts Van Winkle Rodriguez Gonzales YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Withdrawn 04:29:09 PM The bill was laid over until later in the hearing. SB23-039 - Amended, referred to Senate Appropriations Attachment Tag File Name Attachment http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/CFA8375CFEDF...$File/Attachment E SB039_L.002.pdf?OpenElement Attachment E SB039_L.002.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/E7CC336F46B3...$File/Attachment F SB039_L.004.pdf?OpenElement Attachment F SB039_L.004.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/819731E263E9...$File/Attachment G SB039_L.005.pdf?OpenElement Attachment G SB039_L.005.pdf 04:43:09 PM Senator Buckner, bill sponsor, presented Senate Bill 23-039, concerning measures to reduce family separation caused by a parent's detention. She explained that the bill includes family engagement meetings, family time options, and parental treatment plans, among other things. She emphasized the bill does not require family contact if unsafe or if there is a protection order. 04:59:25 PM Ms. Shawna Geiger, representing Office of Respondent Parents' Counsel, testified in support of the bill. She discussed a framework for family participation. Ms. Jamie Ray, representing Second Chance Center, testified in support of the bill. She discussed the importance of parental relationships. Pamela Clifton, representing CCJRC, testified in support of the bill. She discussed parental rights and other community connections. Ms. Michele Deal, representing themself, testified in support of the bill. She discussed her experience with incarceration and termination of parental rights. 05:15:54 PM Ms. Tara Doxtater, representing themself, testified in support of the bill. She discussed her experience as a child who was separated from her incarcerated parents and placed in the foster care system. Jacki Othon, reprsenting herself, testified in support of the bill. Mr. Taj Ashaheed, representing Second Chance Center, testified in support of the bill. He discussed parenting classes at Second Chance Center. 05:26:15 PM Ivana Bejaran, representing themself, testified in support of the bill. Natalie Perez, representing themself, testified in support of the bill. Mrs. Martha Wilson, representing themself, testified in support of the bill. 05:35:46 PM Staci Shaffer, representing Larimer County Jail, testified to amend the bill. She raised concerns about design and architectural changes for the visitations and programming. Heather O'Hayre, representing Larimer County Department of Human Services, testified to amend the bill. She discussed staff and resource issues. Ashley Chase, representing Colorado Office of the Child's Representative, testified to amend the bill. She suggested amending certain parts of the bill to avoid confusion and misinterpretation. 05:46:20 PM Michael Valentine, representing Arapahoe County, testified to amend the bill. He supported a pilot program. Mrs Katie First, representing Colorado Counties Inc, testified to amend the bill. Summer Laws, representing Boulder County, testified to amend the bill. She supported a pilot program. 05:55:27 PM Commander Chris Felton, representing County Sheriff’s of Colorado, testified to amend the bill and recommended a pilot program. Dr. Malia Reddick, representing Office of Respondent Parents' Counsel, testified in support of the bill. She discussed the importance of parental relationships. Melanie Jordan, representing Office of Respondent Parents' Counsel, testified in support of the bill. She discussed the importance of being present for parental termination hearings. Written testimony may be accessed in Attachment D. 06:10:12 PM Senator Buckner distributed and explained Amendment L.002, which makes technical changes and clarifies both in-person and virtual visitation opportunities (Attachment E). 06:11:53 PM Motion Adopt amendment L.002 (Attachment E) Moved Rodriguez Seconded Gardner Roberts Van Winkle Rodriguez Gonzales YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 06:12:11 PM Senator Bucker distributed and explained Amendment L.004 about court appearances (Attachment F). 06:13:02 PM Motion Adopt amendment L.004 (Attachment F) Moved Rodriguez Seconded Gardner Roberts Van Winkle Rodriguez Gonzales YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 06:13:20 PM Senator Buckner distributed and explained Amendment L.005, which clarifies visitation arrangements (Attachment G). 06:14:18 PM Motion Adopt amendment L.005 (Attachment G) Moved Rodriguez Seconded Gardner Roberts Van Winkle Rodriguez Gonzales YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 06:14:48 PM Senator Buckner made closing remarks and stressed she will continue to collaborate with stakeholders for additional amendments. Committee members made closing remarks. 06:18:40 PM Motion Refer Senate Bill 23-039, as amended, to the Committee on Appropriations. Moved Rodriguez Seconded Gardner No Roberts Yes Van Winkle No Rodriguez Yes Gonzales Yes Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS SB23-075 - Amended, referred to Senate Appropriations Attachment Tag File Name Attachment http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/B73BE0D7CA90...$File/Attachment H SB075_L.005.pdf?OpenElement Attachment H SB075_L.005.pdf 06:19:02 PM The committee returned to Senate Bill 23-075, concerning the deletion of children's identifying information from criminal records released to the public. Senator Gonzales distributed and explained Amendment L. 005, which makes limited good cause exceptions concerning the deletion of children't identifying information from criminal records (Attachment H). Committee members and the bill sponsors discussed the proposed amendment 06:24:10 PM Motion Adopt amendment L.005 (Attachment H) Moved Gonzales Seconded Gardner Roberts Van Winkle Rodriguez Gonzales YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 06:24:12 PM Senators Fields and Exum made closing remarks. 06:31:44 PM Motion Refer Senate Bill 23-075, as amended, to the Committee on Appropriations. Moved Rodriguez Seconded Gardner Yes Roberts Yes Van Winkle Yes Rodriguez Yes Gonzales Yes Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS 06:31:54 PM The committee adjourned.