PUBLIC STAFF SUMMARY OF MEETING HOUSE 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
|
|
|
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
|
|
|
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
|
|
|
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
|
|
|
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. |