H_JUD_2016A 02/16/2016 01:34:51 PM Committee Summary

01:35 PM -- HB16-1094



The committee was called to order. A quorum was present. Representative Dore, prime sponsor, presented House Bill 16-1094, concerning making references to the Attorney General in the Colorado Revised Statutes gender neutral. Representative Dore explained the effect of the bill.



The following persons testified regarding HB 16-1094:



01:39 PM -- Ms. Miranda House and Ms. Alyssa Dore, representing themselves, testified in support of the bill. Ms. Dore and Ms. House read statements in support of the bill.



01:43 PM -- Attorney General Cynthia Coffman testified in support of the bill. Attorney General Coffman recounted her aspirations as a youth, and discussed the merits of making certain language in statute gender neutral. Attorney General Coffman responded to questions regarding the potential for making other references in statute and the State Constitution gender neutral, and for accommodating all gender types. Discussion ensued regarding the merits of amending statutes to make them gender neutral.

































01:53 PM



No amendments were offered to HB 16-1094.

01:56 PM -- HB16-1066



Representative Roupe, prime sponsor, presented House Bill 16-1066, concerning an habitual domestic violence offender. Committee members received a fact sheet supporting the bill (Attachment A). Representative Roupe explained the effect of the bill and discussed its need. Representative Roupe responded to questions regarding potential inconsistencies in what a jury might consider evidence of domestic violence, and the use of previous convictions of domestic violence as prima facie evidence of such activity in a present case under the bill.



16HouseJud0216AttachA.pdf



02:03 PM -- Mr. Tom Raynes and Mr. Miles Madorin, representing the Colorado District Attorneys' Council, testified in support of the bill. Mr. Raynes underscored the intent of the bill. Mr. Madorin explained that the bill corrects a potentially unconstitutional provision in law. Mr. Raynes addressed concerns about the potential retroactivity of one of the bill's provisions. Mr. Madorin explained how habitual domestic violence is determined under current law. He also explained a provision in the bill pertaining to rules of evidence about hearsay and a provision in current law about evidence of previous domestic violence activity.

















02:15 PM



Discussion returned to the potential retroactivity of the bill. Discussion ensued regarding how court procedure would be observed under HB 16-1066. Discussion followed regarding the effect of amendment L.003 (Attachment B). Mr. Madorin responded to questions regarding what phase of a court proceeding is affected by the bill. He reiterated the intent of the legislation, and responded to questions regarding judicial discretion during sentencing under the bill. Discussion followed regarding a potential amendment to the bill.



16HouseJud0216AttachB.pdf



02:30 PM -- Ms. Carolyn MacCloud, representing herself, testified in support of the bill. Ms. MacCloud recounted how she was the victim of domestic violence, and explained how the current habitual domestic violence laws were inadequate in accounting for this ongoing abuse.



02:35 PM -- Ms. Danielle Evans, representing herself, testified in support of HB 16-1066. Ms. Evans recounted her repeated domestic violence victimization, and the steps she took to avoid the violence.



02:42 PM -- Ms. Tracey Tatro Swindle, representing herself, testified in support of the bill. Ms. Tatro Swindle recounted the repeated domestic violence to which she was subjected, and explained that habitual domestic violence offenders need to face consequences for their actions.



02:46 PM -- Ms. Sandra Engleberg, representing herself, testified in support of HB 16-1066. Ms. Engleberg recounted her victimization by her ex-husband, and discussed the phenomenon of repeat domestic violence. She discussed the merits of strengthening repeat domestic violence laws.



02:50 PM -- Ms. Lydia Waligorski, representing the Colorado Coalition Against Domestic Violence, testified in support of the bill. Ms. Waligorski discussed repeat domestic violence offenders. Ms. Waligorski responded to questions regarding habitual domestic violence offender laws in other states.



02:54 PM -- Ms. Shannon Paolini, representing herself and the El Paso County Sheriff's Office, testified in support of the bill. Ms. Paolini discussed the domestic violence to which she and her son were subjected, and spoke in support of strengthening penalties for habitual domestic violence offenders.



02:58 PM -- Mr. Scott Turner, representing the Attorney General's Office, testified in support of the bill. Mr. Turner responded to questions regarding how HB 16-1066 affects domestic offender sentencing.





03:00 PM



The committee recessed.

























03:02 PM



The committee returned to order. Representative Salazar explained the effect of amendment L.002 (Attachment C).



16HouseJud0216AttachC.pdf

03:04 PM



Representative Kagan severed amendment L.004 (Attachment D), and moved severed section A.



16HouseJud0216AttachD.pdf

03:06 PM



Representative Roupe provided closing remarks in support of HB 16-1066. Discussion ensued concerning the merits of the legislation.

03:10 PM -- HB16-1104



Representative Roupe, prime sponsor, presented House Bill 16-1104, concerning the issuance of a summons in lieu of a warrant for certain non-violent offenders. Representative Roupe explained the need for the bill.

The following persons testified regarding the bill:



03:14 PM -- Sheriff Bill Elder, representing El Paso County, testified in support of the bill. Sheriff Elder expressed support for the bill and amendment L.001 (Attachment E). Sheriff Elder explained how defendants are bonded out for felonies, and how the bill will improve upon this process. Sheriff Elder responded to questions regarding how the bill will affect the current felony summons process. Sheriff Elder responded to questions regarding when the decision is made under the bill to issue a felony summons rather than taking the defendant into custody, and the criteria considered in making this decision.



16HouseJud0216AttachE.pdf

















03:25 PM



Sheriff Elder responded to questions regarding how the summons contemplated by HB 16-1104 would take place, and the time frame for this transaction. Sheriff Elder responded to questions regarding the potential for flight to occur on the part of defendants under the summons criteria established by the bill.



03:33 PM -- Ms. Maureen Cain, representing the Colorado Criminal Defense Institute and the Colorado State Public Defender, testified in support of the bill if it were to be amended. Ms. Cain discussed some previously adopted legislation pertaining to summonses, and the collaborative process that resulted in HB 16-1104. Ms. Cain discussed the cost savings to be realized by issuing summons under the bill.



03:39 PM -- Ms. Sophia San Miguel, representing herself, testified regarding the bill. Ms. San Miguel discussed the time involved in issuing summonses under certain circumstances.





03:43 PM



Representatives Court and Roupe explained the effect of amendment L.001.

03:45 PM



Representative Roupe provided closing remarks in support of HB 16-1104.

03:46 PM -- HB16-1152



Representative Foote, prime sponsor, presented House Bill 16-1152, concerning the authority of the Department of Corrections to distribute medication. Representative Foote explained the effect of the bill and discussed its need. Representative Foote responded to questions regarding how the Department of Corrections has been able to dispense medication to its pharmacies under current law, and the potential effect of not passing the bill.



The following person testified regarding HB 16-1152:



03:53 PM -- Ms. Jennifer Novotny, representing the Department of Corrections, testified in support of the bill. Ms. Novotny explained how medications are dispensed within the Department of Corrections, and discussed the efficiencies to be maintained through the passage of the bill. Ms. Novotny responded to questions regarding the personnel structure for dispensing medications within the Department of Corrections, and the types of medications dispensed by the department. Ms. Novotny responded to questions regarding the amount of prescriptions filled by the department.























04:03 PM



No amendments were offered to HB 16-1152. Discussion ensued regarding the amount of money to be saved under the bill.

04:06 PM



The committee adjourned.