H_JUD_2023A 04/27/2023 04:42:37 PM Committee Summary PUBLICSTAFF SUMMARY OF MEETINGHOUSE COMMITTEE ON JUDICIARY Date 04/27/2023 Attendance Armagost X Daugherty X Epps X Evans X Garcia X Luck * Marshall X Sharbini X Snyder * Soper * Woodrow * Bacon X Weissman * Time 04:42:37 PM to 12:26:29 AM Place Old State Library This Meeting was called to order by Weissman This Report was prepared by Dan Graeve Hearing Items Action Taken hSB23-024 Postponed Indefinitely hSB23-034 Amended, referred to the Committee of the Whole hSB23-257 Referred to House Appropriations hSB23-097 Amended, referred to House Appropriations hSB23-254 Referred to the Committee of the Whole SB23-024 - Postponed Indefinitely 04:43:08 PM Representative Pugliese presented Senate Bill 23-024 to the committee. The bill allows individuals to challenge a court order issued during a dependency and neglect proceeding on first amendment grounds. 04:45:36 PM The bill sponsor responded to questions from the committee. 04:52:48 PM Ms. Melanie Jordan, representing the Office of Respondent Parents' Counsel, testified in support of the bill. 04:53:00 PM Ashley Chase, representing the Office of the Child's Representative, testified in opposition to the bill. 04:58:31 PM Ms. Suzanne Taheri, representing herself, testified in support of the bill. 04:58:49 PM Ms. Maralee Mclean, representing Moms Fight Back, testified in support of the bill. 05:10:32 PM Ms. Taheri and Ms. Chase responded to questions from the committee. 05:11:41 PM Witness and committee discussion continued. 05:27:04 PM The bill sponsor and committee members provided final comments on the bill. 05:34:19 PM Motion Refer Senate Bill 23-024 to the Committee of the Whole. Moved Evans Seconded Armagost Armagost Yes Daugherty No Epps No Evans Yes Garcia No Luck No Marshall No Sharbini No Snyder Yes Soper Excused Woodrow No Bacon No Weissman No YES: 3 NO: 9 EXC: 1 ABS: 0 FINAL ACTION: FAIL 05:34:46 PM Motion Postpone Senate Bill 23-024 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely. Moved Weissman Seconded Sharbini Armagost No Daugherty Yes Epps Yes Evans No Garcia Yes Luck Yes Marshall Yes Sharbini Yes Snyder No Soper Excused Woodrow Yes Bacon Yes Weissman Yes Final YES: 9 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS SB23-034 - Amended, referred to the Committee of the Whole Attachment Tag File Name http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/5EFE8E79489A...$File/Attachment A.pdf?OpenElement Attachment A.pdf http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/E6DCA0878146...$File/Attachment B.pdf?OpenElement Attachment B.pdf http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/75DB56FE0943...$File/Attachment C.pdf?OpenElement Attachment C.pdf http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/F44C94D48102...$File/Attachment D.pdf?OpenElement Attachment D.pdf 05:35:08 PM Representatives Evans and McLachlan presented Senate bill 23-034 to the committee. The bill amends the definition of âserious bodily injury.â 05:39:30 PM Bill sponsors responded to questions from the committee. 05:51:56 PM Committee discussion continued. 06:10:04 PM Committee discussion continued. 06:19:11 PM Mr. James Karbach, representing the Colorado State Public Defender, testified in opposition to the bill. 06:21:59 PM Mr. David Kaplan, representing the Colorado State Public defender, testified in opposition to the bill. 06:24:34 PM Mr. Karbach and Mr. Kaplan responded to questions from the committee. 06:36:01 PM Mr. Arnold Hanuman, representing Colorado District Attorneys' Council testified in support of the bill. 06:40:37 PM Ms. Catrina Weigel, representing the 20th Judicial District Attorney's Office, testified in support of the bill. 06:41:33 PM Chief Dave Hayes, representing the Colorado Association of Chiefs of Police - Estes Park Police Department, testified in support of the bill. 06:43:59 PM District Attorney Travis Sides, representing the 13th Judicial District, testified in support of the bill. 06:46:18 PM Courtney Sutton, representing the Colorado Organization for Victim Assistance, testified in support of the bill. 06:51:51 PM Mr. Hanuman provided printed materials to the committee that can be found in Attachment A. 06:52:28 PM Witnesses responded to questions from the committee. 07:02:15 PM Witness and committee discussion continued. 07:04:40 PM District Attorney Gordon McLaughlin, representing the Colorado District Attorneys Council, testified in support of the bill. 07:12:42 PM Mr. Grant Fevurly, representing the Department of Law, answered committee questions. 07:13:16 PM Joe Michaels, representing the Department of Law, answered committee questions. 07:15:15 PM The committee took a recess. 07:23:49 PM The committee came back to order. 07:24:11 PM Representative Evans introduced amendment L.006 to the committee (Attachment B). 07:28:00 PM Representative Marshall introduced amendment L.004 as a substitute amendment to L.006 (Attachment C). 07:31:19 PM Motion Adopt amendment L.004 Moved Marshall Seconded Bacon Armagost No Daugherty No Epps Yes Evans No Garcia No Luck No Marshall Yes Sharbini No Snyder No Soper No Woodrow Yes Bacon Yes Weissman No YES: 4 NO: 9 EXC: 0 ABS: 0 FINAL ACTION: FAIL 07:32:19 PM Committee discussion continued regarding amendment L.006. 07:36:53 PM Motion Adopt amendment L.006 Moved Evans Seconded Snyder Armagost Yes Daugherty No Epps Yes Evans Yes Garcia No Luck Yes Marshall Yes Sharbini No Snyder Yes Soper Yes Woodrow Yes Bacon No Weissman No YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS 07:37:11 PM Representative Weissman introduced amendment L.003 to the committee (Attachment D). 07:39:15 PM Committee discussion continued. 07:42:02 PM Motion Adopt amendment L.003 Moved Weissman Seconded Bacon Armagost No Daugherty No Epps Yes Evans No Garcia No Luck No Marshall No Sharbini No Snyder No Soper No Woodrow No Bacon Yes Weissman Yes YES: 3 NO: 10 EXC: 0 ABS: 0 FINAL ACTION: FAIL 07:42:03 PM Committee members provided final comments on the bill. 08:02:20 PM Motion Refer Senate Bill 23-034, as amended, to the Committee of the Whole. Moved Evans Seconded Armagost Armagost Yes Daugherty Yes Epps Yes Evans Yes Garcia No Luck Yes Marshall No Sharbini No Snyder Yes Soper Yes Woodrow Yes Bacon No Weissman No Final YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS SB23-257 - Referred to House Appropriations Attachment Tag File Name http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/177A5A2174EB...$File/Attachment E.pdf?OpenElement Attachment E.pdf 08:02:48 PM Representatives Titone and Bockenfeld presented Senate Bill 23-257 to the committee. The bill transfers $5.0 million to the Auto Theft Prevention Cash Fund to provide funding for programs related to supporting victims of auto theft and supporting technology enhancements. 08:09:59 PM Sponsors responded to questions from the committee. 08:12:24 PM Lieutenant Colonel Josh Downing, representing the Colorado State Patrol - Colorado Department of Public Safety, testified in support of the bill. 08:15:20 PM Executive Director Robert Force, representing the Colorado Automobile Theft Prevention Authority, testified in support of the bill. 08:17:31 PM Board Chair Tonia Rumer, representing the Colorado Auto Theft Prevention Authority, testified in support of the bill. 08:21:00 PM Witnesses responded to questions from the committee. 08:27:21 PM Mr. David Cardella, representing the Colorado Auto Theft Prevention Authority - Board Member, testified in support of the bill. 08:29:51 PM Ms. Tonia Jackson, representing herself, testified in support of the bill. 08:30:17 PM Chief Chris Noeller, representing Colorado Association of the Chiefs of Police - Pueblo Police Department, testified in support of the bill. 08:46:47 PM Mr. Skyler McKinley, representing AAA - The Auto Club Group, testified in a neutral position on the bill. 08:48:51 PM Mike Widhlam, representing himself, testified in support of the bill. 08:50:10 PM Mollie Steinemann, representing the Colorado Municipal League, testified in support of the bill. 08:51:01 PM Mrs. Kelly Campbell, representing the American Property Casualty Insurance Association, testified in support of the bill. 08:51:20 PM Flor Briones, representing herself, testified in support of the bill. 08:53:06 PM Representative Wiessman introduced amendment L.002 to the committee (Attachment E). 09:04:08 PM The committee discussed the amendment. 09:08:23 PM Motion Adopt amendment L.002 Moved Weissman Seconded Epps Armagost No Daugherty No Epps Yes Evans No Garcia Yes Luck No Marshall No Sharbini Yes Snyder No Soper No Woodrow Yes Bacon Yes Weissman Yes YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL 09:08:36 PM The bill sponsors and committee members provided final comments on the bill. 09:24:16 PM Motion Refer Senate Bill 23-257 to the Committee on Appropriations. Moved Armagost Seconded Evans Armagost Yes Daugherty Yes Epps No Evans Yes Garcia No Luck No Marshall Yes Sharbini Yes Snyder Yes Soper Yes Woodrow Yes Bacon No Weissman No Final YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS SB23-097 - Amended, referred to House Appropriations Attachment Tag File Name http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/7F8F584B071C...$File/Attachment F.pdf?OpenElement Attachment F.pdf 09:24:25 PM Representatives Soper and Bird presented Senate Bill 23-097. The bill modifies and reclassifies motor vehicle theft offenses and creates a new misdemeanor offense for unauthorized use of a motor vehicle. 09:36:14 PM The committee took a recess. 09:44:37 PM The committee came back to order. 10:00:45 PM Director Stan Hilkey, representing the Colorado Department of Public Safety, testified in support of the bill. 10:03:06 PM Lieutenant Colonel Josh Downing, representing the Colorado State Patrol - Colorado Department of Public Safety, testified in support of the bill. 10:05:16 PM Dan Rubinstein, representing the 21st Judicial District Attorney's Office - Mesa County, testified in support of the bill. 10:07:30 PM Witnesses responded to questions from the committee. 10:20:10 PM Committee and witness discussion continued. 10:27:05 PM Chief Dave Hayes, representing the Colorado Association of Chiefs of Police - Estes Park Police Department, testified in support of the bill. 10:29:43 PM Chief Chris Noeller, representing the Colorado Association of Chiefs of Police - Pueblo Police Department, testified in support of the bill. 10:32:24 PM Sheriff David Lucero, representing the Pueblo County Sheriffâs Office, County Sheriffâs of Colorado, 10th Judicial District, testified in support of the bill. 10:34:25 PM Mr. Mitchell Puraty, representing the Jefferson County Sheriff's Office and County Sheriffs of Colorado, testified in support of the bill. 10:37:09 PM Witnesses responded to questions from the committee. 10:37:20 PM Ms. Tonia Jackson, representing herself, testified in support of the bill. 10:56:26 PM Mike Widhlam, representing himself, testified in support of the bill. 10:59:16 PM Mollie Steinemann, representing the Colorado Municipal League, testified in support of the bill. 11:00:08 PM David Cardella, representing the Colorado Independent Automobile Dealers Association, testified in support of the bill. 11:02:40 PM District Attorney Gordon McLaughlin, representing Colorado District Attorneys Council, testified in support of the bill. 11:02:52 PM Ms. Catrina Weigel, representing the District Attorney's Office, 20th Judicial District, testified in support of the bill. 11:05:29 PM Witnesses responded to questions from the committee. 11:12:06 PM President Portia Prescott, representing the Rocky Mountain NAACP CO-MT-WY State Conference, testified in opposition to the bill. 11:15:45 PM Mr. Darren O'Connor, representing himself, testified in opposition to the bill. 11:18:32 PM Flor Briones, representing herself, testified in support of the bill. 11:19:19 PM The committee took a recess. 11:26:10 PM The committee came back to order. 11:26:21 PM Representative Weissman introduced amendment L.003 to the committee (Attachment F). 11:36:29 PM Motion Adopt amendment L.003 Moved Weissman Seconded Soper Armagost Yes Daugherty Yes Epps Yes Evans No Garcia Yes Luck Yes Marshall No Sharbini Yes Snyder Yes Soper Yes Woodrow Yes Bacon Yes Weissman Yes YES: 11 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS 11:36:31 PM Bill sponsors and committee members provided final comments on the bill. 11:54:11 PM Motion Refer Senate Bill 23-097, as amended, to the Committee on Appropriations. Moved Soper Seconded Armagost Armagost Yes Daugherty Yes Epps No Evans Yes Garcia Yes Luck Yes Marshall Yes Sharbini No Snyder Yes Soper Yes Woodrow No Bacon No Weissman Yes Final YES: 9 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS SB23-254 - Referred to the Committee of the Whole Attachment Tag File Name http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/495CBE7DA66B...$File/Attachment G Merged.pdf?OpenElement Attachment G Merged.pdf 11:54:20 PM Representatives Epps and Weissman presented Senate Bill 23-254 to the committee. The bill establishes limitations and requirements for warrants executed by law enforcement officers 12:05:58 AM Bill sponsors responded to questions from the committee. 12:06:10 AM Chief Dave Hayes, representing the Colorado Association of Chiefs of Police - Estes Park Police Department, testified to amend the bill. 12:08:38 AM Mr. James Karbach, representing the Colorado State Public Defender, testified in support of the bill. 12:09:34 AM Timothy Lane, representing the Colorado District Attorneys' Council, answered committee questions. 12:17:25 AM The bill sponsors provided final comments on the bill. 12:22:58 AM Committee members provided final comments on the bill. Written public comments on the hearing's bills may be found in Attachment G. 12:26:15 AM Motion Refer Senate Bill 23-254 to the Committee of the Whole. Moved Epps Seconded Weissman Armagost No Daugherty Yes Epps Yes Evans No Garcia Yes Luck No Marshall No Sharbini Yes Snyder Yes Soper Yes Woodrow Yes Bacon Yes Weissman Yes Final YES: 9 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS 12:26:29 AM The committee adjourned.