|
PUBLIC
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON JUDICIARY
| Date |
02/27/2024 |
| Attendance |
| Amabile |
* |
| Armagost |
X |
| Evans |
X |
| Garcia |
X |
| Herod |
X |
| Mabrey |
X |
| Snyder |
* |
| Soper |
* |
| Woodrow |
* |
| Bacon |
X |
| Weissman |
* |
|
| Time |
02:21:45 PM to 08:11:37 PM |
| Place |
HCR 0107 |
| This Meeting was called to order by |
Weissman |
| This Report was prepared by |
Bo Pogue |
|
| Hearing Items |
Action Taken |
| hHB24-1291 |
Amended, referred to the Committee of the Whole |
| hHB24-1126 |
Postponed Indefinitely |
| hHB24-1135 |
Committee Discussion Only |
| hHB24-1248 |
Referred to the Committee of the Whole |
| hHB24-1274 |
Referred to the Committee of the Whole |
|
|
HB24-1291 - Amended, referred to the Committee of the Whole
|
|
|
02:24:47 PM |
Representatives English
and Joseph, prime sponsors, presented House Bill 24-1291, concerning a
licensed legal professional's authority to represent individuals in certain
domestic relations matters. Representative English explained the effect
of the bill and discussed its need. Representative Joseph provided further
input on the merits of the bill. Discussion ensued regarding the potential
for a two-tiered system to be created in the judicial system under the
bill, and the duties that paraprofessionals would be allowed to perform
under the bill.
|
|
02:38:04 PM |
Mr. David Stark,
representing Office of Attorney Regulation Counsel and Supreme Court Advisory
Committee on the Practice of Law, testified in support of the bill.
Ms. Maha Kamal, representing CBA, testified in support of the bill.
Ms. Amy Goscha, representing Licensed Legal Paraprofessionals Committee,
testified in support of the bill.
Ms. Elisa Overall, representing Colorado Access to Justice Commission,
testified in support of the bill.
Discussion ensued regarding the fees to be charged by paraprofessionals
under HB 24-1291, and the duties to be performed by paraprofessionals under
the bill. Mr. Stark responded to questions regarding the examination
requirements in the bill. Discussion ensued regarding this point, and the
carriage of malpractice insurance under the bill. Discussion followed
regarding how paraprofessionals are trained, licensure under the bill,
and supervision of paraprofessionals under the bill.
|
|
03:16:03 PM |
Angela Arkin, representing
The Licensed Legal Paraprofessionals Subcommittee of the Colorado Supreme
Court Advisory Committee, testified in support of the bill. Mr. Mike Maday,
representing The Mediation Association of Colorado, testified in support
of the bill. Jefferey Riester, representing Department of law, testified
in support of the bill. Ms. Arkin responded to questions regarding rules
surrounding placing retainers in escrow by paraprofessionals. Discussion
ensued regarding the role of paraprofessionals under HB 24-1291.
|
|
03:33:44 PM |
Representative Joseph
explained the effect of amendment L.001 (Attachment A).
|
03:36:01 PM
|
Motion |
Adopt amendment L.001 |
|
| Moved |
Snyder |
|
| Seconded |
Bacon |
|
|
|
|
|
Amabile |
|
|
|
Armagost |
|
|
|
Evans |
|
|
|
Garcia |
|
|
|
Herod |
|
|
|
Mabrey |
|
|
|
Snyder |
|
|
|
Soper |
Excused |
|
|
Woodrow |
|
|
|
Bacon |
|
|
|
Weissman |
|
|
|
|
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection |
|
|
|
03:36:02 PM |
Representatives English and Joseph provided closing remarks in support of HB 24-1291. Various committee members provided their positions on the bill.
|
03:41:56 PM
|
Motion |
Refer House Bill 24-1291, as amended, to the Committee of the Whole. |
|
| Moved |
Snyder |
|
| Seconded |
Garcia |
|
|
|
|
|
Amabile |
Yes |
|
|
Armagost |
Yes |
|
|
Evans |
Yes |
|
|
Garcia |
Yes |
|
|
Herod |
Yes |
|
|
Mabrey |
Yes |
|
|
Snyder |
Yes |
|
|
Soper |
Yes |
|
|
Woodrow |
Yes |
|
|
Bacon |
Yes |
|
|
Weissman |
Yes |
|
|
Final |
YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS |
|
|
HB24-1126 - Postponed Indefinitely
|
|
|
03:42:14 PM |
Representative Lynch,
prime sponsor, presented House Bill 24-1126, concerning requiring participation
in a treatment plan for a substance use disorder as a condition of bond.
Representative Lynch explained the effect of the bill and discussed its
need. Committee members received a fact sheet supporting the bill (Attachment
B). Representative Lynch responded to questions regarding how the bill
changes substance abuse treatment for the justice-involved, and judicial
districts that have programs in place similar to the one created by the
bill. Representative Lynch responded to questions regarding options available
to the justice-involved under the bill.
|
|
04:01:16 PM |
Ms. Lauren Snyder,
representing Mental Health Colorado, testified in opposition to the bill.
Ms. Teri Smith, representing ke'nekt, testified in opposition to the bill.
Ms. Betsy Craft, representing Colorado Drug Policy Coalition, testified
in opposition to the bill.
Mr. Devon Peavy, representing Sobriety House, testified in opposition to
the bill.
Ms. Craft responded to questions regarding the availability of cost-effective
addiction treatment. Mr. Peavy and Ms. Snyder responded to questions
regarding the efficacy of involuntary substance abuse treatment. Discussion
ensued regarding the mandatory nature of the bill. Ms. Snyder responded
to questions regarding the efficacy of involuntary treatment. Ms.
Craft provided input on this issue. Discussion ensued regarding whether
the HB 24-1126 will result in more incarceration.
|
|
04:37:21 PM |
Dr. Joshua Barocas,
representing himself, testified in opposition to the bill. Rebecca Wallace,
representing Colorado Freedom Fund, testified in opposition to the bill.
Dr. Paul Christine, representing himself, testified in opposition to the
bill. Mr. Andrew West, representing Colorado Coalition for the Homeless,
testified in opposition to the bill.
Discussion ensued
regarding the ability to rehabilitate those with advanced drug addiction,
and the efficacy of involuntary substance abuse treatment. Discussion
ensued regarding some forthcoming amendments to HB 24-1126.
|
|
05:06:26 PM |
Mr. James Karbach,
representing Colorado Public Defenderâs Office, testified in opposition
to the bill.
Ms. Katie Healy
Cox, representing WellPower, testified in opposition to the bill.
Claire Levy, representing
Boulder County, testified in opposition to the bill.
MonicaAlix Rotner,
representing Boulder County, testified in opposition to the bill.
|
|
05:20:51 PM |
Mr. Kory Scheideman,
representing themself, testified in support of the bill.
Dr. Jeremy Dubin,
representing himself, testified in support of the bill.
Discussion ensued
regarding who will provide treatment under HB 24-1126, and the potential
impact of the bill on doctor-patient relationships. Discussion followed
regarding the potential impact of the bill on provider availability.
|
|
05:36:17 PM |
Representative Lynch
explained the effect of amendment L.003 (Attachment C). Discussion ensued
regarding the imposition of certain conditions by the judge.
|
05:41:34 PM
|
Motion |
Adopt amendment L.003 |
|
| Moved |
Armagost |
|
| Seconded |
Snyder |
|
|
|
|
|
Amabile |
Yes |
|
|
Armagost |
Yes |
|
|
Evans |
Yes |
|
|
Garcia |
No |
|
|
Herod |
Excused |
|
|
Mabrey |
Yes |
|
|
Snyder |
Yes |
|
|
Soper |
Yes |
|
|
Woodrow |
Yes |
|
|
Bacon |
Excused |
|
|
Weissman |
Yes |
|
|
|
YES: 8 NO: 1 EXC: 2 ABS: 0 FINAL ACTION: PASS |
|
|
|
05:41:36 PM |
Representative Lynch
explained the effect of amendment L.002 (Attachment D).
|
05:43:58 PM
|
Motion |
Adopt amendment L.002 |
|
| Moved |
Armagost |
|
| Seconded |
Snyder |
|
|
|
|
|
Amabile |
Yes |
|
|
Armagost |
Yes |
|
|
Evans |
Yes |
|
|
Garcia |
Yes |
|
|
Herod |
Yes |
|
|
Mabrey |
No |
|
|
Snyder |
Yes |
|
|
Soper |
Yes |
|
|
Woodrow |
Yes |
|
|
Bacon |
Yes |
|
|
Weissman |
Yes |
|
|
|
YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS |
|
|
|
05:43:59 PM |
Representative Lynch provided closing remarks in support of HB 24-1126. Various committee members provided their positions on the bill.
|
05:58:59 PM
|
Motion |
Refer House Bill 24-1126, as amended, to the Committee on Appropriations. |
|
| Moved |
Evans |
|
| Seconded |
Armagost |
|
|
|
|
|
Amabile |
No |
|
|
Armagost |
Yes |
|
|
Evans |
Yes |
|
|
Garcia |
No |
|
|
Herod |
No |
|
|
Mabrey |
No |
|
|
Snyder |
Yes |
|
|
Soper |
Yes |
|
|
Woodrow |
No |
|
|
Bacon |
No |
|
|
Weissman |
No |
|
|
|
YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL |
|
|
05:59:30 PM
|
Motion |
Postpone House Bill 24-1126 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 |
Garcia |
|
| Seconded |
Amabile |
|
|
|
|
|
Amabile |
Yes |
|
|
Armagost |
No |
|
|
Evans |
No |
|
|
Garcia |
Yes |
|
|
Herod |
Yes |
|
|
Mabrey |
Yes |
|
|
Snyder |
No |
|
|
Soper |
No |
|
|
Woodrow |
Yes |
|
|
Bacon |
Yes |
|
|
Weissman |
Yes |
|
|
Final |
YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS |
|
|
HB24-1135 - Committee Discussion Only
|
|
|
05:59:39 PM |
Representatives Soper
and Snyder, prime sponsors, presented House Bill 24-1135, concerning offenses
related to requirements for operating a vehicle. Representative Soper explained
the effect of the bill and discussed its need. Representative Snyder provided
additional input on the bill. Discussion ensued regarding the impact of
penalties on driving while impaired as well as other factors that may contribute
to driving while impaired. Discussion followed regarding the intersection
of the bill and impaired driving involving marijuana. Written testimony
submitted by the public may be access at Attachment E.
|
|
06:14:59 PM |
Mr. Abraham Hutt,
representing himself, testified in opposition to the bill. Ms. Laurie Schmidt,
representing Colorado Criminal Defense Bar, testified in opposition to
the bill. Mr. James Karbach, representing Colorado State Public Defender's
Office, testified in opposition to the bill. Mr. Karbach responded to questions
regarding the likelihood of getting a warrant for someone suspected of
driving while intoxicated. Ms. Schmidt and Mr. Hutt responded to questions
regarding ignition interlock devices on vehicles. Mr. Karbach added to
this conversation.
|
|
06:38:42 PM |
Mr. Cody Carlson,
representing SAFE-Safety and Advocacy for Empowerment, testified in support
of the bill. Greg Fulton, representing Colorado Motor Carriers Association,
testified in support of the bill. Sheriff Tyler Brown, representing himself,
testified in support of the bill. Others Chief-Matthew Packard, representing
CDPS-Colorado State Patrol, testified in support of the bill. Discussion
ensued regarding the rate at which drivers operate commercial motor vehicles
without having a commercial drivers license. Ms. Tuesday Black, representing
CDOT, testified in support of the bill. Chief Hayes, representing Colorado
Association of the Chiefs of Police, testified in support of the bill.
Ms. Crystal Soderman, representing Colorado Department of Revenue, was
available to answer committee questions. Ms. Soderman responded to questions
regarding ignition interlock device programs, Ms. Black and Ms. Soderman
responded to questions regarding statistics she cited during testimony.
Mr. Fulton cited some statistics concerning impaired driving among commercial
vehicle drivers. Discussion returned to ignition interlock devices. Chief
Packard responded to questions regarding the rate at which warrants are
secured for suspected driving while impaired.
|
|
07:10:57 PM |
Mr. Grier Bailey,
representing Colorado Fuel Marketers Association, testified in support
of the bill.
Ms. Jacelyn Rhymer,
representing Mothers Against Drunk Driving, testified in support of the
bill.
Howard Small,
representing himself, testified in support of HB 24-1135.
Ms. Desiree Everts,
representing herself, testified in support of the bill.
Mr. Mike Padilla,
representing himself, testified in support of the bill.
Mr. Tom Lee, representing
himself, testified in support of the bill.
Ms. Rhymer responded
to questions regarding ignition interlock devices.
|
|
07:29:06 PM |
Chair Weissman laid over HB 24-1135 for action only.
|
HB24-1248 - Referred to the Committee of the Whole
|
|
|
07:29:49 PM |
Representatives Snyder
and Soper, prime sponsors, presented House Bill 24-1248, concerning the
"Uniform Non-Testamentary Electronic Estate Planning Documents Act."
Representative Snyder explained the effect of the bill and discussed its
need. Representative Soper provided additional input on the bill.
|
|
07:35:18 PM |
Mr. Stephen Brainerd,
representing Colorado Bar Association, testified in a neutral position
on the bill.
Anne McGihon, representing herself, testified in support of the bill.
Mr. Benjamin Orzeske, representing Uniform Law Commission, testified in
support of the bill.
|
|
07:42:49 PM |
No amendments were offered to HB 24-1248. Representatives Snyder and Soper provided closing remarks in support of HB 24-1248.
|
07:46:02 PM
|
Motion |
Refer House Bill 24-1248 to the Committee of the Whole. |
|
| Moved |
Snyder |
|
| Seconded |
Soper |
|
|
|
|
|
Amabile |
Excused |
|
|
Armagost |
Yes |
|
|
Evans |
Yes |
|
|
Garcia |
Yes |
|
|
Herod |
Excused |
|
|
Mabrey |
Yes |
|
|
Snyder |
Yes |
|
|
Soper |
Yes |
|
|
Woodrow |
Yes |
|
|
Bacon |
Excused |
|
|
Weissman |
Yes |
|
|
Final |
YES: 8 NO: 0 EXC: 3 ABS: 0 FINAL ACTION: PASS |
|
|
HB24-1274 - Referred to the Committee of the Whole
|
|
|
07:46:10 PM |
Representatives Snyder
and Soper, prime sponsors, presented House Bill 24-1274, concerning the
"Uniform Consumer Debt Default Judgements Act." Representative
Snyder explained the effect of the bill and discussed its need. Representative
Soper spoke in favor of the bill. Discussion ensued regarding the uniform
state law process. Discussion followed regarding stakeholder participation
in the process of crafting the uniform law.
|
|
07:54:56 PM |
Makyla Moody, representing
Colorado Creditors Bar Association, testified to amend the bill.
Anne McGihon,
representing herself, testified in support of the bill.
Mr. Raymond Pepe,
representing Uniform Law Commission, testified in support of the bill.
Mr. Donald Maurice,
representing Receivables Management Association International, testified
in support of the bill.
Mr. Pepe clarified
some statistics he cited during his testimony.
|
|
08:08:25 PM |
No amendments were offered to House Bill 24-1274. Representatives Snyder and Soper provided closing remarks in support of the bill.
|
08:11:21 PM
|
Motion |
Refer House Bill 24-1274 to the Committee of the Whole. |
|
| Moved |
Soper |
|
| Seconded |
Snyder |
|
|
|
|
|
Amabile |
Yes |
|
|
Armagost |
Yes |
|
|
Evans |
Yes |
|
|
Garcia |
Yes |
|
|
Herod |
Excused |
|
|
Mabrey |
Yes |
|
|
Snyder |
Yes |
|
|
Soper |
Yes |
|
|
Woodrow |
Yes |
|
|
Bacon |
Excused |
|
|
Weissman |
Yes |
|
|
Final |
YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS |
|
|
| 08:11:37 PM |
The committee adjourned. |
