H_JUD_2021A 05/05/2021 01:50:04 PM Committee Summary

The committee was called to order. A quorum was present. Representatives Woodrow and Gonzales-Gutierrez, prime sponsors, presented House Bill 21-1280, concerning measures to assist defendants in securing release from jail through the bonding process.

Tristan Gorman, representing the Colorado Criminal Defense Bar, testified in support of HB 21-1280.

Rebecca Wallace, representing the ACLU, testified in support of the bill.

The committee recessed.

The committee returned to order. Ms. Wallace responded to questions regarding certain time frames for pretrial release in HB 21-1280, and the fiscal impact of the bill, particularly for rural jurisdictions.

Dan Rubinstein, representing himself, testified in opposition to HB 21-1280. Christian Champagne, representing the 6th Judicial District Attorney's Office, testified in opposition to the bill. Matt Karzen, representing himself, testified on the bill from an "amend" position. Travis Sides, representing himself, testified in opposition to the bill. William Culver, representing the 16th Judicial District Attorney's Office, testified in opposition to the bill. John Kellner, representing the 18th Judicial District Attorney's Office, testified in opposition to the bill. Discussion ensued regarding the ability to protect victims rights under the bill, and a lack of resources at the local level to carry out the requirements of the bill. Mr. Champagne responded to questions regarding his request that $950,000 be allocated to cover costs in rural areas, and the population that currently stays in county jail for lengthy periods before having an initial hearing. Various district attorneys cited their cost estimates associated with the bill.

Sterling Harris, representing the Colorado Organization for Victim Assistance, testified in opposition to HB 21-1280.

Nancy Jackson, representing Colorado Counties, Inc., testified on the bill from a neutral position.

Discussion ensued regarding the potential loss of funding by local governments as a result of not adhering to administrative requirements in the bill.

Joel Northam, representing himself, testified in support of HB 21-1280.

Eva Frickle, representing the Colorado Freedom Fund, Indivisible CO, and Indivisible CO7, testified in support of the bill.

Elisabeth Epps, representing the Colorado Freedom Fund, testified in support of the bill. Discussion ensued regarding costs associated with implementing the bill's requirements, and the administrative provisions of the bill. Ms. Epps responded to questions regarding the time frames in the bill by which a bond hearing must be held for a defendant.

Michelle Reynolds, representing herself, testified in support of HB 21-1280. Arielle Herzberg, representing the ACLU, testified in support of the bill. Ms. Hertzberg responded to questions regarding pending lawsuits against local jurisdictions for jailing certain individuals. Discussion ensued regarding the circumstances of Ms. Reynolds' detention.

Tamara Boynton, representing the Interfaith Alliance of Colorado, testified in support of HB 21-1280.

Philip Cherner, representing the Sam Cary Bar Association, testified in support of the bill. Mr. Cherner responded to questions regarding the impact of the bill on local government staffing resources, and provisions in the bill for requiring a bond hearing within a certain time frame.

Maureen Cain, representing the Office of the State Public Defender, testified in support of HB 21-1280. Denise Maes, representing the ACLU, testified in support of the bill. Ms. Cain responded to questions regarding the holding of bond hearings via video conference, and risk assessment tools used by local governments for criminal cases. Ms. Maes provided input on these issues. Ms. Cain responded to questions regarding how long public defenders spend with defendants before a bond hearing, and the length of a bond hearing. Discussion ensued regarding standard lengths of time that a defendant is in jail before a bond hearing.  Discussion ensued regarding the effect of amendment L.001 (Attachment A) and L.002 (Attachment B).

Discussion ensued regarding the merits of amendment L.006 (Attachment C).

Discussion ensued regarding the merits of amendment L.007 (Attachment D).

Discussion ensued regarding the merits of amendment L.008 (Attachment _).

Representatives Gonzales-Gutierrez and Woodrow provided closing remarks in support of HB 21-1280. Various committee members provided their positions on the bill.

The committee recessed.

The committee returned to order. Representatives Amabile and Woodrow, prime sponsors, presented House Bill 21-1298, concerning the conditions under which a firearm transfer may be prohibited following a background check, and, in connection therewith, requiring approval of a firearm transfer prior to a transfer by a licensed dealer, establishing grounds for denying a transfer, and clarifying the process to appeal a denied transfer. Representative Amabile explained the effect of the bill and discussed its need. Representative Woodrow provided additional input on the merits of the bill.

Garen Wintemute, representing himself, testified in support of HB 21-1298.

Joel Loomis, representing himself, testified in support of the bill.

Sam Weaver, representing the City of Boulder, testified in support of the bill.

Dr. Wintemute responded to questions regarding statistics surrounding those who perpetrate gun violence and who have previous violent misdemeanor convictions.

Nephi Cole, representing the National Shooting Sports Foundation, testified in opposition to HB 21-1298.

Taylor Rhodes, representing Rocky Mountain Gun Owners, testified in opposition to the bill.

Dan Neilson, representing himself, testified in opposition to the bill.

Mr. Rhodes responded to questions regarding the positions of his organization, and statistics he cited on the denial of a firearms transfer based upon a background check. Discussion ensued regarding elements of harassment that may not include violent acts. Mr. Rhodes responded to questions regarding the background check process for the person who perpetrated a mass shooting in Boulder. Mr. Cole responded to questions regarding the length of time for which a background check remains viable, and the process by which federal firearms licensees conduct background checks. Mr. Cole responded to further questions regarding the number of firearms sold annually. Mr. Neilson responded to questions regarding violent crime. Mr. Cole responded to questions regarding background checks for purchasing supressors.

Maisha Fields, representing herself, testified in support of HB 21-1298. Claire Levy, representing Boulder County, testified in support of the bill. Eileen McCarron, representing Colorado Ceasefire, testified in support of the bill. Committee members received a graph plotting effective ways to reduce mass shootings (Attachment F). Vincent Atchity, representing Mental Health Colorado, testified in support of the bill.

Jafar Partowmah, representing himself, testified in opposition to HB 21-1298.

Lesley Hollywood, representing Rally for our Rights, testified on the bill from an "amend" position.

Michael Stapleton, representing himself, testified in opposition to the bill.

Peter Fogg, representing Colorado Faith Communities United to End Gun Violence, testified in support of HB 21-1298.

Amelia Lobo, representing Violence Free Colorado, testified in support of the bill.

Maria Ogneva, representing Moms Demand Action, testified in support of the bill.

Ms. Lobo responded to questions regarding the connection between domestic violence and then gun violence at a later time.

Keith Emerson, representing himself, testified on HB 21-1298 from an "amend" position.

Ronald Dietz, representing himself, testified in opposition to the bill.

Robert Edmiston, representing the Firearms Coalition of Colorado, testified in opposition to the bill.

Peter Gurfein, representing Giffords Gun Owners for Safety, testified in support of HB 21-1298.

Jacqui Shumway, representing herself, testified in support of the bill.

Carl Hamm, representing Colorado Ceasefire, testified in support of the bill.

Leslie OBrien, representing Moms Demand Action for Gun Sense in America, testified in support of HB 21-1298.

Lydia Linked, representing herself, testified in support of the bill.

Sylvia Bernstein, representing the League of Women Voters of Boulder County, testified in support of the bill.

Sara Grossman, representing Everytown for Gun Safety, testified in support of HB 21-1298.

Rionda Osman, representing the League of Women Voters, testified in support of the bill.

Val Beck, representing Brady United Against Gun Violence, testified in support of the bill.

Mary-Elizabeth Calloway, representing Moms Demand Action, testified in support of the bill.

Mary Parker, representing herself, testified in support of the bill.

No amendments were offered to HB 21-1298. Representatives Amabile and Woodrow provided closing remarks in support of the bill. Various committee members provided their positions on the bill.