H_JUD_2016A 01/26/2016 09:48:03 AM Committee Summary

09:49 AM -- HB16-1017



The committee was called to order. A quorum was present. Representatives Pabon and Lawrence, prime sponsors, presented House Bill 16-1017, concerning a victim impact panel. The bill specifically addresses victim impact panels for traffic offenses involving alcohol or drugs. Representative Pabon described the effect of the bill and explained the need for the legislation. Representative Lawrence provided background on victim impact fees, and clarified certain provisions of the bill. Representative Pabon responded to questions regarding how victim impact fees will be handled for cases of indigency under the bill. Representative Lawrence responded to questions regarding a provision in the bill requiring in-person appearances for a victim impact panel. Discussion ensued regarding the effect of the current fee cap, and the potential effect of eliminating the fee cap.





10:03 AM



Discussion continued regarding eliminating the victim impact panel fee cap, and potential market entrants to conduct victim impact panels under a cap-free environment. Representative Pabon responded to questions regarding how driving under the influence (DUI) offenders appear before victim impact panels. Discussion followed regarding the geographic diversity of victim impact panels. Discussion returned to the marketplace for victim impact panels. Discussion turned to a provision in amendment L.002 (Attachment A) that adjusts the maximum impact panel fee annually. Discussion returned to the geographic diversity of DUI victim impact panels, and fees charged under the bill in cases of indigency.



16HouseJud0126AttachA.pdf













10:21 AM



Discussion continued regarding fees charged under the bill in cases of indigency. The following persons testified regarding House Bill 16-1017:



10:25 AM -- Mr. Fran Lanzer, and Ms. Lindsey Nicholson, representing Mothers Against Drunk Driving (MADD), testified in support of the bill. Mr. Lanzer discussed the conduct of DUI victim impact panels and fees associated with appearing before such panels. Mr. Lanzer explained the benefits that may be realized if the maximum allowable fee for DUI victim impact panels is increased. Discussion ensued regarding the ability of certain defendants to waive the fees assessed under House Bill 16-1017. Ms. Nicholson provided input on how fees are handled by MADD in cases of indigency.





10:38 AM



Discussion continued regarding how fees are handled for DUI victim impact panels in cases of indigency.



10:43 AM -- Ms. Carrie Thompson, representing the Colorado Criminal Defense Bar, testified on the bill from a neutral perspective. Ms. Thompson discussed the efficacy of DUI victim impact panels while expressing concerns about the burdens of numerous fees on DUI defendants. Discussion continued regarding fee impacts in cases of indigency.



10:50 AM -- Ms. Peg Ackerman, representing County Sheriffs of Colorado, testified in support of House Bill 16-1017. Ms. Ackerman discussed the efficacy of DUI victim impact panels.



10:51 AM -- Mr. Devin Butler, representing MADD, testified in support of the bill. Mr. Butler discussed his experiences as a victim of a DUI accident, and as a volunteer for victim impact panels. Discussion ensued regarding the benefits of victim impact panels.



10:57 AM -- Mr. Ellison Brimage, representing MADD, testified in support of the bill. Mr. Brimage discussed his experiences as a defendant in a DUI case and his subsequent appearance before a victim impact panel. He also discussed the efficacy of such panels.



11:01 AM -- Mr. David Sedbrook, representing MADD, testified in support of the bill. Mr. Sedbrook discussed his experiences as a victim of a DUI accident, and his subsequent volunteer activity with MADD. He discussed the content of victim impact panels.



11:07 AM -- Ms. Nancy Lewis, representing the Colorado Organization for Victim Assistance, testified in support of the bill.

































11:08 AM



Representative Lawrence explained the effect of amendment L.003 (Attachment B).



16HouseJud0126AttachB.pdf

11:10 AM



Representatives Lawrence and Pabon provided closing remarks in support of House Bill 16-1017.

11:15 AM -- HB16-1059



Representative Lawrence, prime sponsor, presented House Bill 16-1059, concerning the definition of "judge" for the crime of retaliation against a judge. Representative Lawrence explained the effect of the bill and discussed its need.



11:19 AM -- Mr. Terry Scanlon, representing the Judicial Branch, testified in support of the bill.





11:20 AM



Representative Lawrence explained the effect of amendment L.001 (Attachment C).



16HouseJud0126AttachC.pdf

11:21 AM

11:22 AM



The committee adjourned.