H_JUD_2023A 03/22/2023 02:20:15 PM Committee Summary

The committee was called to order. A quorum was present. Representative Weissman explained some procedural rules for the day's hearing. Representatives Bacon and Weissman, prime sponsors, presented Senate Bill 23-170, concerning extreme risk protection orders. Representative Bacon explained the effect of the bill and discussed its need. Representative Weissman provided additional input on the bill and explained its effect section-by-section. Representative Bacon discussed statistics surrounding the use of extreme risk protection orders (ERPO) in Colorado. Discussion ensued regarding the process by which an ERPO is filed, and the bill's educational component. Discussion returned to ERPO statistics in Colorado. Representative Weissman responded to questions regarding the lack of a counsel requirement during the issuance of a temporary ERPO, and the intersection between ERPOs and mental health holds. Representative Weissman responded to further questions regarding why the bill repeals and reenacts portions of existing law, and the "clear and convincing" standard in the bill. Discussion ensued regarding laws that allow law enforcement to preemptively seize property in avoidance of future crimes.

Executive Director Stan Hilkey, representing Colorado Department of Public Safety, testified in support of the bill.

Janet Drake, representing Department of Law, testified in support of the bill.

Mrs. Jane Dougherty, representing herself, testified in support of the bill.

Mr. Michael Dougherty, representing District Attorney's Office - 20th JD (Boulder County), testified in support of the bill. Ms. Drake responded to questions regarding the definition of "law enforcement officer" in SB 23-170. Mr. Dougherty responded to questions regarding what laws were in place prior to the 2019 ERPO law that allowed law enforcement interdiction of firearms. Ms. Drake responded to questions regarding the Department of Law's ability to file an ERPO petition. Mr. Dougherty responded to questions regarding fraudulent ERPO reports.

Tom Mauser, representing himself, testified in support of the bill.

Ms. Kallie Leyba, representing American Federation of Teachers, Colorado, testified in support of the bill.

Kevin Vick, representing Colorado Education Association, testified in support of the bill.

Ms. Ellen Mahoney, representing herself, testified in support of the bill. Discussion ensued regarding the potential impact of SB 23-170 on school safety, and the potential for the bill to impact information sharing in school.

Ms. Jessica Francois, representing Colorado Association of School Nurses, testified in support of the bill.

Katie Wolf, representing Violence Free Colorado, testified in support of the bill.

Leanne Rupp, representing National Association of Social Workers (NASW) Colorado Chapter, testified in support of the bill.

Dr. Anne Frank, representing American Academy of Pediatrics - Colorado Chapter, testified in support of the bill. Ms. Rupp responded to questions regarding the potential chilling effect of SB 23-170 on communication in the mental health arena.

Mr. Todd Rathner, representing The Firearms Policy Coalition, testified in opposition to the bill. Richard Orf, representing Associated Governments of Northwest Colorado, testified in opposition to the bill. Mr. Mario Acevedo, representing himself, testified in opposition to the bill. Mr. Ronald Dietz, representing himself, testified in opposition to the bill. Discussion ensued regarding the potential for SB 23-170 to chill discussions in the medical arena.

Andrew Lucas, representing himself, testified in opposition to the bill. Mr. Matthew King, representing Mesa County Sheriff's Office, testified in opposition to the bill. Taylor Rhodes, representing Rocky Mountain Gun Owners, testified in opposition to the bill. Mark Rice, representing himself, testified in opposition to the bill. Mr. Mark Tisdale, representing himself, testified in opposition to the bill. Mr Michael Zundelevich, representing himself, testified in opposition to the bill. Mrs. Hope Scheppelman, representing herself, testified in opposition to the bill. Mr. Colin Hornback, representing himself, testified in opposition to the bill.

Ms. Claire Lucas, representing herself, testified in support of the bill. Alexander Cisneros, representing Students Demand Action, testified in support of the bill. Kimaya Kini, representing herself, testified in support of the bill. Rebekah Venturella, representing Mom's Demand Action, testified in support of the bill. Mr. Cisneros responded to questions regarding the potential for restricting the ownership of cutting instruments, and statistics on youth deaths.

Amanda Wilcox, representing Brady Colorado, testified in support of the bill.

Dr. Donald Macalady, representing himself, testified in support of the bill.

Dr. Julie Meyers, representing CO Chapter American Academy of Pediatrics, testified in support of the bill.

Dr. Myra Isenhart, representing Colorado Ceasefire, testified in support of the bill.

Dawn Reinfeld, representing Blue Rising, testified in support of the bill.

Benjamin Teevan, representing himself, testified in support of the bill.

Susan Hahn, representing herself, testified in support of the bill.

Senator Evie Hudak, representing Colorado PTA, testified in support of the bill.

Mr. Rick Wagner, representing himself, testified in opposition to the bill. Mr. Gregg McGough, representing himself, testified in opposition to the bill. Daniel Fenlason, representing himself, testified in opposition to the bill.

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

Ms. Kelly Murphy, representing herself, testified in support of the bill.

Mrs. Constance Boyd, representing herself, testified in support of the bill.

The committee recessed.

The committee returned to order. Representative Bacon explained the effect of amendment L.053 (Attachment A). Discussion ensued regarding how the telephone system created by the amendment works, and the purpose of the system.

Representative Weissman explained the effect of amendment L.039 (Attachment B). Representative Weissman responded to questions regarding how matters are adjudicated under the amendment.

Representatives Bacon and Weissman provided closing remarks in support SB 23-170. Various committee members provided their positions on the bill.

Representatives Mabrey and Parenti, Prime sponsors, presented Senate Bill 23-168, concerning gun violence victims' access to the judicial system. Representative Mabrey explained the effect of the bill and discussed its need. The bill sponsors responded to questions from the committee.

Sandy Phillips, representing Giffords, testified in support of the bill.

Lonnie Phillips, representing Giffords, testified in support of the bill.

Vic Bencomo, representing Giffords, testified in support of the bill.

Lucy Sarkissian, representing Giffords, testified in support of the bill. Mr. and Ms. Phillips responded to questions regarding the lawsuit that they launched against a firearms dealer, and efforts to pass laws similar to SB 23-168.

Amanda Wilcox, representing Brady Colorado, testified in support of the bill.

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

Mrs. Jane Dougherty, representing herself, testified in support of the bill.

Mr. Nephi Cole, representing National Shooting Sports Foundation, testified in opposition to the bill.

Mr. John Clark, representing National Shooting Sports Foundation & FFL Consultants, testified on the bill from an "amend" position.

Allen Kerby, representing Rocky Mountain Elk Foundation, testified in opposition to the bill.

Mr. Tom Spezze, representing National Wild Turkey Federation, testified in opposition to the bill. Mr. Clark responded to questions regarding why federal firearms dealers would be against SB 23-168, and the potential impact of the bill on his business. Mr. Clark responded to further questions regarding potential legal exposure for law-abiding dealers as a result of the bill, Mr. Cole responded to questions regarding the bankruptcy of a firearms manufacturer. Discussion ensued regarding the difference between regulated and unregulated gun-related products.

Richard Orf, representing Associated Governments of Northwest Colorado, testified in opposition to the bill.

Mr Todd Rathner, representing The Firearms Policy Coalition , testified in opposition to the bill.

Mr Craig Williams, representing KTM ARMS LLC, testified in opposition to the bill.

Taylor Rhodes, representing Rocky Mountain Gun Owners, testified in opposition to the bill. Mr. Rathner responded to questions regarding a hypothetical situation involving automobile manufacturers, and devices that might be subject to liability under SB 23-168. Mr. Williams responded to questions regarding controls in place preventing firearms dealers from engaging in unethical practices, and the difference between rural and urban firearms death rates. Discussion ensued regarding the definition of "firearms component" in the bill.

Tom Mauser, representing himself, testified in support of the bill. Alexander Cisneros, representing himself, testified in support of the bill. Ms. Kathryn Ruud, representing herself, testified in support of the bill. Ari Freilich, representing Giffords Law Center, testified in support of the bill. Mr. Freilich responded to questions regarding legal actions allowed pertaining to firearms in state law due to federal law.

Andrew Lucas, representing himself, testified in opposition to the bill. Mr. Ronald Dietz, representing himself, testified in opposition to the bill. Ms. Alicia Garcia, representing herself, testified in opposition to the bill. Mrs. Erin Meschke, representing herself, testified in opposition to the bill. Laura Thompson, representing herself, testified in opposition to the bill.

Mr. Mark Tisdale, representing himself, testified in opposition to the bill. Mr. Seth Stern, representing himself, testified in opposition to the bill. Mr. Colin Hornback, representing himself, testified in opposition to the bill. Mr James Murphree, representing himself, testified in opposition to the bill. Mrs. Hope Scheppelman, representing herself, testified in opposition to the bill. Daniel Fenlason, representing himself, testified in opposition to the bill. Derrick Houska, representing himself, testified in opposition to the bill. Mark Rice, representing himself, testified in opposition to the bill.

Ms. Eileen McCarron, representing Colorado Ceasefire, testified in support of the bill.

Ms. Kelly Murphy, representing herself, testified in support of the bill.

Dr. Stephanie Greenberg, representing Colorado Faith Communities to End Gun Violence, testified in support of the bill.

Ms. Ava Flanell, representing herself, testified in opposition to the bill.

Representative Mabrey explained the effect of amendment L.022 (Attachment C).

Representative Soper explained the effect of amendment L.029 (Attachment D). Discussion ensued regarding the merits of the amendment.

Representatives Parenti and Mabrey provided closing remarks in support of SB 23-168. Various committee members provided their positions on the bill.  Written testimony submitted by the public concerning the bills considered during the March 22 hearing may be accessed at Attachment E.