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H_JUD_2018A 04/19/2018 01:30:57 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON JUDICIARY
Date 04/19/2018
Attendance
Benavidez X
Carver X
Hansen X
Herod X
Lundeen X
Melton *
Roberts X
Willett X
Wist *
Weissman X
Lee X
Time 01:30:57 PM to 03:24:22 PM
Place HCR 0112
This Meeting was called to order by Lee
This Report was prepared by Bo Pogue
Hearing Items Action Taken
HB18-1375 Amended, referred to the Committee of the Whole
SB18-056 Amended, referred to the Committee of the Whole
SB18-119 Amended, referred to House Appropriations
SB18-166 Amended, referred to the Committee of the Whole

HB18-1375 - Amended, referred to the Committee of the Whole


01:34:09 PM  

The committee was called ot order. A quorum was present. Representatives Lee and Willett, co-prime sponsors, presented House Bill 18-1375, concerning the nonsubstantive revision of statutes in the Colorado Revised Statutes, as amended, and, in connection therewith, amending or repealing obsolete, imperfect, and inoperative law to preserve the legislative intent, effect, and meaning of the law.  Representative Lee explained the effect of the bill, and Representative Willett provided additional input.  No one testified regarding the bill.

01:37:53 PM  

Representative Lee explained amendment L.002 (Attachment A).



01:38:44 PM
Motion Adopt amendment L.002
Moved Lee
Seconded Willett
Benavidez
Carver
Hansen
Herod
Lundeen
Melton Excused
Roberts
Willett
Wist
Weissman
Lee
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection
01:39:03 PM  

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

01:39:53 PM  

Representative Lee explained the effect of amendment L.004 (Attachment C).



01:39:53 PM
Motion Adopt amendment L.003
Moved Lee
Seconded Willett
Benavidez
Carver
Hansen
Herod
Lundeen
Melton Excused
Roberts
Willett
Wist
Weissman
Lee
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection


01:40:48 PM
Motion Adopt amendment L.004
Moved Lee
Seconded Willett
Benavidez
Carver
Hansen
Herod
Lundeen
Melton
Roberts
Willett
Wist
Weissman
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
01:40:49 PM  

Representatives Lee and Willett provided closing remarks in support of HB 18-1375.



01:42:52 PM
Motion Refer House Bill 18-1375, as amended, to the Committee of the Whole.
Moved Lee
Seconded Willett
Benavidez Yes
Carver Yes
Hansen Excused
Herod Yes
Lundeen Yes
Melton Yes
Roberts Yes
Willett Yes
Wist Yes
Weissman Yes
Lee Yes
Final YES: 10   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS



SB18-056 - Amended, referred to the Committee of the Whole


01:43:13 PM  

Representatives Lee and Willett, prime sponsors, presented Senate Bill 18-056, concerning monetary amounts in civil actions. Representative Willett provided background on the issues addressed by the bill, and explained the legislation's effect.  Representative Willett also discussed some stakeholder work on amendments. Representative Lee provided additional input on the bill. Discussion ensued regarding the effect of amendments L.008 (Attachment D), L.009 (Attachment E), and L.013 (Attachment F).

02:02:33 PM  

Mr. Chris Ryan, representing the Judicial Branch, testified in support of the bill.  Mr. Ryan discussed the fee structure at the county court level, and addressed the amendments. Mr. Ryan responded to questions regarding trends in court dockets at the county level, and compensation for county judges. Discussion ensued regarding amendment L.013.  Discussion followed regarding the Judicial Branch's position on the bill.

02:14:04 PM  

Representative Lee explained the effect of amendment L.008.



02:15:16 PM
Motion Adopt amendment L.008
Moved Lee
Seconded Willett
Benavidez
Carver
Hansen
Herod
Lundeen
Melton
Roberts
Willett
Wist
Weissman
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
02:15:17 PM  

Representative Lee explained the effect of amendment L.009.



02:16:37 PM
Motion Adopt amendment L.009
Moved Lee
Seconded Willett
Benavidez
Carver
Hansen
Herod
Lundeen
Melton
Roberts
Willett
Wist
Weissman
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
02:16:38 PM  

Representative Willett explained the effect of amendment L.013.  Discussion ensued regarding the potential to include a reporting requirement in the bill pertaining to county court rules.



02:19:36 PM
Motion Adopt amendment L.013
Moved Willett
Seconded Lee
Benavidez
Carver
Hansen
Herod
Lundeen
Melton
Roberts
Willett
Wist
Weissman
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
02:19:37 PM  

Discussion ensued regarding issues associated with the bill. Representatives Lee and Willett provided closing remarks in support of SB 18-056.



02:24:48 PM
Motion Refer Senate Bill 18-056, as amended, to the Committee of the Whole.
Moved Willett
Seconded Lee
Benavidez Yes
Carver Yes
Hansen Yes
Herod Yes
Lundeen Yes
Melton Excused
Roberts Yes
Willett Yes
Wist Yes
Weissman Yes
Lee Yes
Final YES: 10   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS



SB18-166 - Amended, referred to the Committee of the Whole


02:38:00 PM  

Representative Herod, prime sponsor, presented Senate Bill 18-166, concerning changing the maximum jail sentence for certain crimes from one year to 364 days.  Representative Herod explained the effect of the bill and discussed its need. Representative Herod also explained the effect of amendment L.008 (Attachment H).

02:41:22 PM  

Ms. Amy Redfern, representing the Colorado Bar Association, testified in support of the bill. Ms. Redfern discussed the stakeholder process that resulted in the bill. Ms. Redfern responded to questions regarding the sections within the Colorado Bar Association that looked at the bill, and the reasons why a study, as contemplated by the reengrossed version of the bill, is not required. Mr. Jeremy Schupbach, representing the Colorado Bar Association, joined Ms. Redfern in support of the bill. He responded to questions regarding the study. Discussion ensued on this point. Mr. Schupbach responded to questions regarding the position of the Criminal Law Section of the Colorado Bar Association on the bill, and the potential for the bill to streamline the judicial process. Discussion ensued on this point.

02:58:36 PM  

Ms. Carrie Thompson, representing the Colorado Criminal Defense Bar, testified in support of SB 18-166. Ms. Thompson discussed the number and types of misdemeanors covered by the bill, and explained how the bill may streamline the judicial process. Ms. Thompson responded to questions regarding how a possible criminal penalty of one year or more may result in deportation of a person lawfully present in the country.

03:11:38 PM  

Discussion ensued regarding amendment L.008.



03:13:54 PM
Motion Adopt amendment L.008
Moved Herod
Seconded Weissman
Benavidez Yes
Carver No
Hansen Yes
Herod Yes
Lundeen No
Melton Yes
Roberts Yes
Willett No
Wist No
Weissman Yes
Lee Yes
YES: 7   NO: 4   EXC: 0   ABS:  0   FINAL ACTION:  PASS
03:13:55 PM  

Discussion ensued regarding the merits of SB 18-166. Representative Herod provided closing remarks in support of the bill.



03:23:34 PM
Motion Refer Senate Bill 18-166, as amended, to the Committee of the Whole.
Moved Herod
Seconded Weissman
Benavidez Yes
Carver No
Hansen Yes
Herod Yes
Lundeen No
Melton Yes
Roberts Yes
Willett No
Wist No
Weissman Yes
Lee Yes
Final YES: 7   NO: 4   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB18-119 - Amended, referred to House Appropriations


02:25:08 PM  

Representative Carver, prime sponsor, presented Senate Bill 18-119, concerning false imprisonment of a minor. The committee heard testimony on the bill at its April 5 meeting. Representative Carver explained the effect of amendment L.011 (Attachment G). Discussion ensued regarding the merits of the amendment.



02:35:30 PM
Motion Adopt amendment L.011
Moved Benavidez
Seconded Wist
Benavidez
Carver
Hansen
Herod
Lundeen
Melton
Roberts
Willett
Wist
Weissman
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
02:35:44 PM  

Various committee members provided their impressions of SB 18-119.  Representative Carver provided closing remarks in support of the bill.



02:37:41 PM
Motion Refer Senate Bill 18-119, as amended, to the Committee on Appropriations.
Moved Carver
Seconded Lee
Benavidez Yes
Carver Yes
Hansen Yes
Herod Yes
Lundeen Yes
Melton Yes
Roberts Yes
Willett Yes
Wist Yes
Weissman Yes
Lee Yes
Final YES: 11   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS


03:24:22 PM   Committee Adjourned