h_jud_2016a_2016-02-16t13:34:51z1 Hearing Summary

Date: 02/16/2016

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.