H_JUD_2021A 04/13/2021 01:08:49 PM Committee Summary

The committee was called to order. A quorum was present. Representative Weissman provided opening remarks on the day's hearing. Representatives Duran and Gray, prime sponsors, presented House Bill 21-1255, concerning procedures for a domestic abuser upon the issuance of a protection order. Representative Duran explained the effect of the bill and discussed its need.

Phil Weiser, Colorado Attorney General, testified in support of HB 21-1255. Attorney General Weiser responded to questions regarding the underreporting of domestic violence that does not result in death and potential fifth amendment issues with the bill. Attorney General Weiser responded to questions regarding criminal penalties in the bill for failure to abide by certain provisions in the bill, and certain statistics surrounding domestic violence that he cited. Discussion ensued regarding certain immunities from criminal prosecution in the bill, as well as civil liability. Attorney General Weiser responded to questions regarding the likelihood that removal of firearms from domestic abusers will prevent crime or self harm.

Representative Gray discussed the merits of HB 21-1255, and provided further information on the effect of the bill.

The following persons testified regarding HB 21-1255: Kenneth Boyd, representing the Seventeenth Judicial District, testified in support of the bill. Julia Webber, representing Giffords Law Center, testified in support of the bill. Holly Cheng, representing herself, testified in support of the bill. Mr. Boyd responded to questions regarding the various steps in the process of firearms removal for those charged with domestic violence under the bill, and how the bill differs from current law. Mr. Boyd responded to questions regarding the cancellation of a compliance hearing if an accused domestic abuser correctly files an affidavit under the bill, and surrendering ammunition under the bill. Mr. Boyd responded to further questions regarding what constitutes a "qualifying incident" under the bill, and transfer of firearms from a person accused of domestic abuse to a federally licensed firearms dealer. Discussion returned to certain immunities contained in the bill, and potential fifth amendment issues raised by the bill.

Robert Edmiston, representing the Firearms Coalition of Colorado, testified in opposition to HB 21-1255. Mr. Edmiston responded to statistics associated with removal of firearms from those accused of domestic violence.

Maureen Cain, representing the ACLU and the Office of the State Public Defender, testified on HB 21-1255 from an "amend" position. Ms. Cain responded to questions regarding probable cause, and the timing of certain court activities under the bill. Ms. Cain responded to questions regarding the efficacy of domestic abuser firearms relinquishment laws. Discussion ensued on this issue. Ms. Cain responded to questions regarding amendments that she is requesting be included in the bill.

Anne Kelly, representing the Twentieth Judicial District, testified in support of HB 21-1255. Maggie Conboy, representing the Denver District Attorney's Office, testified in support of the bill. John Quinn, representing himself, testified in support of the bill. Mr. Quinn and Ms. Conboy replied to questions regarding domestic violence-related programming at the Denver District Attorney's Office, and its efficacy.

Anubis Heru, representing 1770 Armory, testified in support of HB 21-1255.

April Zeoli, representing herself, testified in support of the bill.

David Keck, representing the National Resource Center on Domestic Violence and Firearms, testified in support of the bill.

Jenn Doe, representing herself, testified in support of the bill.

Anna Brennon, representing herself, testified in support of the bill.

Carly Doe, representing herself, testified in support of the bill.

Jessica Wurtz, representing herself, testified in support of the bill.

Jennifer Eyl, representing herself, testified in support of the bill.

Eileen McCarron, representing Colorado Ceasefire, testified in support of HB 21-1255.

Moria Rafferty Sharkey, representing herself, testified in support of the bill.

Gerald James Rafferty, representing himself, testified in support of the bill.

Kelly Murphy, representing Moms Demand Action, testified in support of HB 21-1255.

Rebecca Zimmerman, representing herself, testified in support of the bill.

Peter Fogg, representing Colorado Faith Communities United to End Gun Violence, testified in support of the bill.

Mary Parker, representing herself, testified in support of HB 21-1255.

The committee recessed.

The committee returned to order.

Lydia Waligorski, representing Violence Free Colorado, testified in support of HB 21-1255.

Representative Gray explained the effect of amendment L.001 (Attachment A).

Discussion ensued regarding a conceptual amendment to L.001.

Representative Gray explained the effect of amendment L.002 (Attachment B).

Representative Duran explained the effect of amendments L.003 (Attachment C), L.004 (Attachment D), and L.005 (Attachment E).

Representative Woodrow provided input on the effect of the three amendments.

Representative Benavidez explained the effect of amendment L.006 (Attachment F).

Discussion ensued regarding severed section A of amendment L.006.  Severed section A was withdrawn.

The prime sponsors of HB 21-1255 provided closing remarks in support of the bill. Various committee members provided their positions on the bill.