9A1B0873F27AE93587258C4B006B9B71 Hearing Summary

PUBLIC
BILL SUMMARY For HB25-1072

HOUSE COMMITTEE ON JUDICIARY
Date Mar 12, 2025
Location HCR 0107

HB25-1072 - Postponed Indefinitely

Attachment Tag

File Name

Attachment A

Attachment A□ HB1072_L.001.pdf

Attachment B

Attachment B□ HB 1072.pdf

01:35:24 PM

The committee was
called to order. A quorum was present. Representatives Caldwell and Bird,
prime sponsors, presented House Bill 25-1072, concerning increasing pretrial
release requirements for certain criminal defendants accused of committing
a violent offense. The bill sponsors explained the effect of the bill and
discussed its need, highlighting criminal cases that would be impacted
by the bill. Amendment L.001 (Attachment A) was distributed.

Discussion ensued regarding judicial discretion and personal recognizance
bonds, as well as the bill's fiscal impact.

Discussion followed
regarding the types of crimes impacted.

01:55:11 PM

Terrance Carroll,
representing Sam Cary Bar Association, testified in opposition to the bill.
Tristan Gorman, representing Colorado Criminal Defense Bar, testified in
opposition to the bill. Anaya Robinson, representing ACLU of Colorado,
testified in opposition to the bill. Rebecca Wallace, representing Colorado
Freedom Fund, testified in opposition to the bill.

Discussion ensued
regarding judicial discretion for granting bond release, and the role of
prosecutors in administering the bill. Discussion followed regarding competency
issues, and criteria considered by judges when setting bond. Discussion
turned to potential statutory conflicts should the bill pass, and the efficacy
of cash bail.

02:37:43 PM

Jake Suffian, representing
themself, testified in support of the bill. Chief Brady, representing Colorado
Association of the Chiefs of Police, testified in support of the bill.
Alex Cabriales, representing themself, testified in support of the bill.

02:51:07 PM

Deputy Chief Jensen,
representing Colorado Association Chiefs of Police - Colorado Springs Police
Department, testified in support of the bill. Mr. Cabriales responded to
questions regarding loss of life due to pre-trial release.

Committee members
asked questions about pretrial release and assessment tools used by judges
for bond purposes.

03:07:58 PM

George Brauchler,
representing District Attorney's Office for the 23rd Judicial District,
testified in support of the bill. Michael Allen, representing 4th Judicial
District Attorney's Office, testified in support of the bill. Mr. Christian
Gardner-Wood, representing Boulder County DAâs Office, testified to amend
the bill. Brian Mason, representing 17th Judicial District Attorney's Office,
testified in support of the bill.

Committee members
inquired about the balance between parties in deciding grant pre-trial
release, and the status of district attorneys within the organization of
government. Discussion followed regarding information sharing among judicial
districts, and how HB 25-1072 operates in comparison to existing law. Discussion
turned to the position of victims and their families, and the rate at which
judges approve the recommendations of district attorneys on personal recognizance
bonds. The panel responded to questions regarding how certain processes
operate in the initial stages of a criminal case.

04:03:22 PM

Dr. Eric Nelson,
representing National Action Network Colorado, testified in opposition
to the bill. Mr. James Karbach, representing Colo. St. Pub. Defender, testified
in opposition to the bill. Dr. MICHAEL JONES, representing themself, testified
in opposition to the bill.

Committee members
asked questions about differences between money bonds and personal recognizance
bonds. Discussion ensued regarding certain processes associated with pre-trial
release, and the constitutionality of HB 25-1072. Discussion returned to
research on bail.

04:29:32 PM

Mrs. Soledad Diaz,
representing Violence Free Colorado, testified in support of the bill.
Grant Fevurly, representing Department of Law, testified in support of
the bill. Jeremy Schupbach, representing Colorado Municipal League, testified
in support of the bill. Mr. Chief-Matthew Packard, representing CDPS/ Colorado
State Patrol, testified in support of the bill. Shannon Johnson, representing
themself, testified in support of the bill.

04:39:38 PM

Mr. Tyler Brown, representing County Sheriffs of Colorado, testified in support of the bill. Discussion ensued regarding the pre-trial process from law enforcement's perspective. Augustine Garcia, representing themself, testified in opposition to HB 25-1072.

Written comments about the bill are in Attachment B.

04:48:23 PM

Representative Caldwell
explained the effect of amendment L.001 (Attachment A). Representative
Caldwell responded to questions regarding the genesis of the amendment.

04:49:48 PM	Motion	Adopt amendment L.001 (Attachment A)
	Moved	Caldwell
	Seconded	Carter

	Armagost
	Bacon
	Caldwell
	Clifford
	Espenoza
	Garcia
	Keltie
	Soper
	Zokaie
	Carter
	Mabrey
		YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

04:49:50 PM

Representatives Caldwell
and Bird provided closing remarks in support of HB 25-1072. Various committee
members provided their positions on the bill.

05:28:41 PM	Motion	Refer House Bill 25-1072, as amended, to the Committee of the Whole.
	Moved	Caldwell
	Seconded	Clifford

	Armagost	Yes
	Bacon	No
	Caldwell	Yes
	Clifford	No
	Espenoza	No
	Garcia	No
	Keltie	Yes
	Soper	Yes
	Zokaie	No
	Carter	No
	Mabrey	No
		YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL

05:29:13 PM	Motion	Postpone House Bill 25-1072 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely.
	Moved	Carter
	Seconded	Espenoza

	Armagost	No
	Bacon	Yes
	Caldwell	No
	Clifford	Yes
	Espenoza	Yes
	Garcia	Yes
	Keltie	No
	Soper	No
	Zokaie	Yes
	Carter	Yes
	Mabrey	Yes
	Final	YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

HB25-1072 - Postponed Indefinitely

Colorado General Assembly