C3A0D15E147A28B58725880F000B0B25 Hearing Summary CLICS/CLICS2022A/commsumm.nsf PUBLICBILL SUMMARY For HB22-1164HOUSE COMMITTEE ON JUDICIARYDate Mar 23, 2022 Location HCR 0107 HB22-1164 - Postponed Indefinitely Attachment Tag File Name Attachment http://www2.leg.state.co.us/CLICS/CLICS2022A/commsumm.nsf/0/30FF6193BA67...$File/Attachment G.pdf?OpenElement Attachment G.pdf 08:00:41 PM Representative Williams, prime sponsor, presented House Bill 22-1164, concerning limitations on applications for clemency. Representative Williams explained the effect of the bill and discussed its need. Representative Williams responded to questions regarding historic jurisprudence that would have fallen under the purview of the bill, and how to determine when the appeals process has been exhausted under the bill. Discussion ensued regarding a court case cited by Representative Williams. 08:27:43 PM Daniel Meyer, representing the Powell Project, testified in opposition to HB 22-1164. Gail Johnson, representing the Colorado Criminal Defense Bar, testified in opposition to the bill. Discussion ensued regarding commutations granted by Governor Polis, and whether the bill would invalidate them. Mr. Meyer responded to questions regarding whether removing certain provisions in the bill would solve some constitutional issues he cited during testimony, including violations of separation of powers. Discussion followed regarding the different types of clemency available to the Governor. Representative Carver cited information on the Department of Corrections' website concerning clemency, and the process undertaken in the criminal case that gave rise to HB 22-1164. Discussion ensued on these points. 08:57:45 PM Melissa Goodall, representing herself, testified in support of HB 22-1164. 09:07:52 PM Representative Williams explained the effect of amendment L.001 (Attachment G). Discussion ensued regarding the merits of the amendment. 09:09:57 PM Motion Adopt amendment L.001 Moved Carver Seconded Bockenfeld Bacon No Bockenfeld Yes Carver Yes Daugherty No Luck Yes Lynch Yes Michaelson Jenet No Roberts Yes Woodrow No Benavidez No Weissman No YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL 09:09:59 PM Representative Williams provided closing remarks in support of HB 22-1164. Various committee members provided their positions on the bill. 09:28:12 PM Motion Refer House Bill 22-1164 to the Committee of the Whole. Moved Carver Seconded Bockenfeld Bacon No Bockenfeld Yes Carver Yes Daugherty No Luck Yes Lynch Yes Michaelson Jenet No Roberts No Woodrow No Benavidez No Weissman No YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL 09:29:57 PM Motion Postpone House Bill 22-1164 indefinitely. Moved Woodrow Seconded Bacon Bacon Yes Bockenfeld No Carver No Daugherty Yes Luck No Lynch No Michaelson Jenet Yes Roberts No Woodrow Yes Benavidez Yes Weissman Yes Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS