H_JUD_2021A 03/31/2021 02:18:33 PM Committee Summary PUBLICSTAFF SUMMARY OF MEETINGHOUSE COMMITTEE ON JUDICIARY Date 03/31/2021 Attendance Bacon * Benavidez X Bockenfeld X Carver X Daugherty X Luck E Lynch X Roberts X Woodrow * Tipper * Weissman X Time 02:18:33 PM to 07:00:14 PM Place HCR 0107 This Meeting was called to order by Weissman This Report was prepared by Bo Pogue Hearing Items Action Taken hHB21-1101 Amended, referred to House Appropriations hHB21-1142 Amended, referred to House Appropriations HB21-1101 - Amended, referred to House Appropriations 02:18:48 PM The committee was called to order. A quorum was present. Representative Ransom, prime sponsor, presented House Bill 21-1101, concerning preserving familial connections in actions initiated pursuant to the children's code. Representative Ransom explained the effect of the bill and discussed its need. Representative Ransom provided examples of removal of children from a household where no danger is present. 02:31:43 PM The following persons testified regarding HB 21-1101: Melanie Jordan, representing the Office of Respondent Parents' Counsel, testified in support of the bill. Laurie Cohen-Ringler, representing herself, testified in support of the bill. Stephanie Villafuerte, representing The Office of the Child Protection Ombudsman, testified in support of the bill. Ashley Chase, representing the Office of the Child's Representative, testified on the bill from an "amend" perspective, favoring forthcoming strike-below amendment L.001. Katherine Correll, representing herself, testified in support of the bill. Korey Elger, representing the Department of Human Services, responded to questions regarding varying standards of supervised visitation among counties. Ms. Jordan and Ms. Chase provided input on this issue. Discussion ensued regarding the intersection between certain jurisprudence and a post-adoption contact agreement under the bill. 02:56:38 PM Abe Laydon, representing Colorado Counties, Inc, testified on HB 21-1101 from an "amend" position. Mr. Laydon responded to questions regarding expenses counties may incur as a result of the legislation. 03:01:14 PM Motion Adopt amendment L.001 Moved Bockenfeld Seconded Carver Bacon Excused Benavidez Bockenfeld Carver Daugherty Luck Excused Lynch Roberts Woodrow Tipper Weissman YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection 03:01:16 PM Discussion ensued regarding the merits of HB 21-1101. 03:04:06 PM Motion Refer House Bill 21-1101, as amended, to the Committee on Appropriations. Moved Carver Seconded Daugherty Bacon Excused Benavidez Yes Bockenfeld Yes Carver Yes Daugherty Yes Luck Excused Lynch Yes Roberts Yes Woodrow Yes Tipper Yes Weissman Yes Final YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS HB21-1142 - Amended, referred to House Appropriations 03:04:16 PM The committee recessed. 04:32:19 PM The committee returned to order. Representative Bacon, prime sponsor, presented House Bill 21-1142, concerning measures related to eyewitness identification techniques, and, in connection therewith, requiring reporting data related to eyewitness techniques and regulating the use of showup identifications. Representative Bacon explained the effect of the bill and discussed its need. Representative Bacon responded to questions regarding inconsistencies across jurisdictions as to how they treat show-ups, including between urban and rural areas. In response to questions, Representative Bacon further clarified the effect of the bill. 04:59:09 PM The following persons testified regarding HB 21-1142: Sharon Battle, representing herself, testified in support of the bill. Charles Battle II, representing himself, testified in support of the bill. Timothy Tyler, representing Shorter Community AME Church and Together CO, testified in support of the bill. 05:12:19 PM Marilynn Ackerman, representing Together Colorado, testified in support of HB 21-1142. Adie Teodorovic, representing CCDB, testified in support of the bill. Christopher McKee, representing himself, testified in support of the bill. Ms. Ackerman responded to questions regarding how often show-ups result in incorrect crime perpetrator identification in Colorado. Mr. McKee responded to questions regarding reform efforts around the issue of show-ups. Discussion ensued regarding the circumstances in which a police officer may use a show-up under the bill. Discussion returned to data collection surrounding show-ups. 05:39:49 PM Phillip Cherner, representing the Sam Cary Bar Association, testified in support of HB 21-1142. Veronica Camargo, representing herself, testified in support of the bill. She read the testimony of someone who was wrongfully accused of a crime. Amelia Power, representing herself, testified in support of the bill. Ms. Power responded to questions regarding the phrase "impermissively suggestive" as found in certain jurisprudence associated with show-ups. 05:54:06 PM Jeff Ackerman, representing himself, testified in support of HB 21-1142. Mitchell Eisen, representing himself, testified in support of the bill. 06:02:27 PM Ron Sloan, representing the Colorado Association of Chiefs of Police, testified on the bill from an "amend" position, expressing concerns with certain of the bill's provisions. Mr. Sloan responded to questions regarding certain language in amendment L.001, a strike-below amendment. Timothy Lane, representing the Colorado District Attorney's Council, made himself available for questions. Mr. Lane discussed the strike-below amendment. Discussion ensued regarding the circumstances in which show-up identifications are forbidden by the amendment, and the circumstances under which law enforcement may employ a show-up identification. 06:37:58 PM Motion Adopt amendment L.001 Moved Bacon Seconded Woodrow Bacon Benavidez Bockenfeld Carver Daugherty Luck Excused Lynch Roberts Woodrow Tipper Weissman YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection 06:59:46 PM Motion Refer House Bill 21-1142, as amended, to the Committee on Appropriations. Moved Bacon Seconded Woodrow Bacon Yes Benavidez Yes Bockenfeld No Carver No Daugherty Yes Luck Excused Lynch Yes Roberts Yes Woodrow Yes Tipper Yes Weissman Yes Final YES: 8 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS 07:00:14 PM The committee adjourned.
