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H_JUD_2024A 04/23/2024 01:39:49 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON JUDICIARY
Date 04/23/2024
Attendance
Amabile X
Armagost X
Garcia X
Herod X
Mabrey X
Snyder X
Soper *
Winter T. X
Woodrow X
Bacon *
Weissman X
Time 01:39:49 PM to 09:08:32 PM
Place Old State Library
This Meeting was called to order by Weissman
This Report was prepared by Bo Pogue
Hearing Items Action Taken
SB24-011 Amended, referred to the Committee of the Whole
HB24-1455 Amended, referred to the Committee of the Whole
HB24-1461 Referred to the Committee of the Whole
HB24-1459 Amended, referred to the Committee of the Whole
HB24-1460 Amended, referred to the Committee of the Whole

SB24-011 - Amended, referred to the Committee of the Whole

01:39:57 PM  

The committee was called to order. A quorum was present. Representatives Duran and Willford, prime sponsors, presented Senate Bill 24-011, concerning measures to increase protection from harm caused through the use of technology. Representative Duran explained the effect of the bill and discussed its need. Representative Willford provided additional input on the effect of the bill. Discussion ensued regarding language in the bill concerning deceptive trade practices.

01:48:15 PM  
Ms. Anne-Marie Kopek, representing herself, testified to amend the bill.

Ms. Vanessa Newport, representing herself, testified in support of the bill.

Discussion ensued regarding the action of law enforcement in the cases discussed during testimony.

02:02:50 PM  
Elizabeth Newman, representing the Colorado Coalition Against Sexual Assault, testified in support of SB 24-011.

Jessica Dotter, representing Colorado District Attorneys' Council, testified in support of the bill.

Ms. Bridget Murray, representing herself, testified in support of the bill.

Discussion ensued regarding the impact of an amendment on liability for intimate image abuse, and the scope of the bill with respect to altered private images. Discussion followed regarding remedies available under the bill.

02:25:05 PM  
Aimee Resnick, representing herself, testified in support of the bill.

Ms. Soledad Diaz, representing Violence Free Colorado, testified in support of the bill.

Ms. Amy Aldridge, representing herself, testified in support of the bill.

Courtney Sutton, representing Colorado Organization for Victim Assistance, testified in support of the bill.

Ms. Resnick responded to questions regarding her academic background.

02:38:49 PM  

Representative Duran explained the effect of amendment L.027 (Attachment A). Discussion ensued regarding language to be removed from the bill by the amendment.



02:44:55 PM
Motion Adopt amendment L.027
Moved Weissman
Seconded Soper
Amabile
Armagost
Garcia
Herod
Mabrey
Snyder
Soper
Winter T.
Woodrow
Bacon
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
02:45:28 PM  

Representative Willford explained the effect of amendment L.028 (Attachment B). Discussion ensued regarding the impact of the amendment on the use of tracking devices.



02:48:07 PM
Motion Adopt amendment L.028.
Moved Weissman
Seconded Soper
Amabile
Armagost
Garcia
Herod
Mabrey
Snyder
Soper
Winter T.
Woodrow
Bacon
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
02:48:08 PM  
Representatives Willford and Duran provided closing remarks in support of SB 24-011. Various committee members provided their positions on the bill.


02:58:38 PM
Motion Refer Senate Bill 24-011, as amended, to the Committee of the Whole.
Moved Soper
Seconded Garcia
Amabile Yes
Armagost Yes
Garcia Yes
Herod Yes
Mabrey Yes
Snyder Yes
Soper Yes
Winter T. Yes
Woodrow Yes
Bacon Excused
Weissman Yes
Final YES: 10   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS



HB24-1455 - Amended, referred to the Committee of the Whole

02:58:47 PM  

Representatives Weissman and Frizell, prime sponsors, presented House Bill 24-1455, concerning the effective date of the 23rd Judicial District.

03:02:48 PM  

No witnesses testified regarding HB 24-1455. Representative Weissman explained the effect of amendment L.001 (Attachment C).



03:03:49 PM
Motion Adopt amendment L.001
Moved Weissman
Seconded Amabile
Amabile
Armagost
Garcia
Herod
Mabrey
Snyder
Soper
Winter T.
Woodrow
Bacon Excused
Weissman
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection
03:03:50 PM  

Representatives Frizell and Weissman provided closing remarks in support of HB 24-1455.  Written testimony concerning the bill may be found at Attachment D.



03:05:12 PM
Motion Refer House Bill 24-1455, as amended, to the Committee of the Whole.
Moved Weissman
Seconded Snyder
Amabile Yes
Armagost Yes
Garcia Excused
Herod Yes
Mabrey Yes
Snyder Yes
Soper Excused
Winter T. Yes
Woodrow Yes
Bacon Excused
Weissman Yes
Final YES: 8   NO: 0   EXC: 3   ABS:  0   FINAL ACTION:  PASS



HB24-1461 - Referred to the Committee of the Whole


03:05:25 PM  

Representative Martinez, co-prime sponsor, presented House Bill 24-1461, concerning an exemption from the limit on earned time for earned time awarded to nonviolent offenders who complete an accredited higher education program. Representative Martinez explained the effect of the bill and discussed its need.

03:08:59 PM  
No witnesses testified on HB 24-1461, and no amendments were offered. Representative Martinez provided closing remarks in support of the bill. Representatives Woodrow and Weissman discussed the bill.


03:11:38 PM
Motion Refer House Bill 24-1461 to the Committee of the Whole.
Moved Mabrey
Seconded Woodrow
Amabile Yes
Armagost Yes
Garcia Yes
Herod Yes
Mabrey Yes
Snyder Yes
Soper Excused
Winter T. Yes
Woodrow Yes
Bacon Excused
Weissman Yes
Final YES: 9   NO: 0   EXC: 2   ABS:  0   FINAL ACTION:  PASS



HB24-1459 - Amended, referred to the Committee of the Whole

03:11:46 PM  

Representatives Herod and Garcia, prime sponsors, presented House Bill 24-1459, concerning protections for birthing persons. Representative Herod explained the effect of the bill and discussed its need. Reprsentative Garcia provided additional input on the merits of the bill. Discussion ensued regarding potential drug testing of offenders under the bill, abuses of restraint laws, and protecting offenders from self-harm.  Written testimony concerning the bill may be found at Attachment E.

03:19:40 PM  
Ms. Erin Meschke, representing themself, testified in opposition to the bill.

Mx. Indra Lusero, representing Elephant Circle, testified in support of the bill.

Ms. Connaitre Tillman, representing herself, testified in support of the bill.

Alexandra Haas, representing Colorado Department of Public Health and Environment, was available to answer committee questions.

03:25:52 PM  
Lauren Smith, representing Soul 2 Soul Sister, testified in support of HB 24-1459.

Heather Thompson, representing Elephant Circle, testified in support of the bill.

03:32:49 PM  

Representative Herod explained the effect of amendment L.002 (Attachment F).



03:33:23 PM
Motion Adopt amendment L.002
Moved Herod
Seconded Garcia
Amabile
Armagost
Garcia
Herod
Mabrey
Snyder
Soper Excused
Winter T.
Woodrow
Bacon Excused
Weissman
YES: 0   NO: 0   EXC: 2   ABS:  0   FINAL ACTION:  Pass Without Objection
03:33:47 PM  

Representative Herod explained the effect of amendment L.003 (Attachment G).



03:33:59 PM
Motion Adopt amendment L.003
Moved Herod
Seconded Garcia
Amabile
Armagost
Garcia
Herod
Mabrey
Snyder
Soper Excused
Winter T.
Woodrow
Bacon Excused
Weissman
YES: 0   NO: 0   EXC: 2   ABS:  0   FINAL ACTION:  Pass Without Objection
03:34:01 PM  
Representatives Herod and Garcia provided closing remarks in support of HB 24-1459. Discussion ensued regarding restraining those in distress. Various committee members provided their positions on the bill.


03:44:50 PM
Motion Refer House Bill 24-1459, as amended, to the Committee of the Whole.
Moved Herod
Seconded Garcia
Amabile Yes
Armagost No
Garcia Yes
Herod Yes
Mabrey Yes
Snyder Yes
Soper No
Winter T. No
Woodrow Yes
Bacon Yes
Weissman Yes
Final YES: 8   NO: 3   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB24-1460 - Amended, referred to the Committee of the Whole

03:44:58 PM  
The committee recessed.
03:58:32 PM  

The committee returned to order. Representatives Herod and Bacon, prime sponsors, presented House Bill 24-1460, concerning measures to strengthen responses to law enforcement misconduct. Representative Herod explained the effect of the bill and discussed its need. Representative Bacon provided additional input on the merits of the bill. Representative Bacon also discussed some forthcoming amendments. Discussion ensued regarding what constitutes "unlawful conduct" under the bill, and how the bill changes existing whistleblower laws. Discussion followed regarding the redacting of names under the bill, and due process issues. Discussion turned to what must be reported under HB 24-1460, and police officer representation under the bill. Discussion returned to due process.  Public comment on HB 24-1460 may be found at Attachment H.

04:49:25 PM  
Alexis King, representing District Attorney for the 1st Judicial District, testified in opposition to the bill.

Michael Allen, representing District Attorney for the 4th Judicial District, testified in opposition to the bill.

Discussion ensued regarding the definition of "reasonably aware" for purposes of HB 24-1460, and the stakeholder process in crafting the bill. Discussion followed regarding what constitutes "unlawful conduct" under the bill, and the potential for district attorneys to change their positions on the bill based on amendments. Discussion turned to due process issues.

05:10:38 PM  
Holland Wriston, representing himself, testified in support of the bill.

Carla Hubbard, representing herself, testified in support of the bill.

Taylor Cookingham, representing themself, testified in support of the bill.

Dr. Lisa Calderon, representing themself, testified in support of the bill.

The committee asked the panelists questions.

05:34:16 PM  

Ms. Sheriff-Tyler Brown, representing County Sheriffs of Colorado, testified in opposition to the bill. Chief Noeller, representing Colorado Association Chiefs of Police - Pueblo Police Department, testified in opposition to the bill. Mr. Sean McCauley, representing Fraternal Order of Police, testified in opposition to the bill. Mr. Stan Hilkey, representing the Colorado Department of Public Safety, testified in opposition to the bill. Director Hilkey responded to questions regarding the redaction process under current law. Discussion ensued regarding whistleblower protections for police officers under state law, and the forthcoming amendments to the bill. Mr. McCauley responded to questions regarding the definition of "unlawful conduct." Discussion followed regarding the process by which HB 24-1460 was created.

06:00:51 PM  
Ms. Mckinzie Rees, representing herself, testified in support of the bill.

Ed McCallin, representing themself, testified in support of the bill.

Samantha Rieber-Huguley, representing herself, testified in support of the bill.

Ms. Rees responded to questions regarding how her situation would have been handled had HB 24-1460 been in place. Discussion ensued regarding this case.

Abby, representing herself, testified in support of HB 24-1460.

Discussion ensued regarding the powers and duties of the attorney general under the bill. Mr. McCallin responded to questions regarding the role of the police union in the whistleblower process. Abby provided additional comments.

06:21:52 PM  

Commissioner Buck, representing Weld County Board of County Commissioners, testified in opposition to the bill. Katie First, representing Colorado Counties Inc, testified in opposition to the bill. Sherryl Dillon, representing Colorado Springs Police Protective Association, testified in opposition to the bill. Jeremy Schupbach, representing Colorado Municipal League, testified in a neutral position on the bill. Discussion ensued regarding the fiscal impact of HB 24-1460.

06:33:02 PM  
Ms. Stephanie Silverman, representing herself, testified in support of the bill.

Chris Ausec, representing himself, testified in support of the bill.

Ms. Rebecca Arndt, representing herself, testified in support of the bill.

Ms. Nicole Urban, representing herself, testified in support of the bill.

Ms. Arndt responded to questions regarding the remedies available in HB 24-1460, and how the bill would have applied to her case had it been law. Discussion ensued regarding the role of unions in whistleblower cases.

06:56:50 PM  
Aaron Carpenter, Legislative Council Staff, responded to questions regarding the fiscal impact of HB 24-1460, and the fiscal note process.
07:20:56 PM  
Ms. Lori Garcia Sander, representing themself, testified in opposition to the bill.

Dusty Johnson, representing herself, testified in opposition to the bill.

Mr. Carlos Barron, representing City of Fort Lupton Councilman, testified in opposition to the bill.

Mr. Seth Ford, representing Department of Personnel & Administration, testified in opposition to the bill.

Ms. Kimberly Chalmers, representing Colorado State Public Defender, testified to amend the bill.

Mr. Ford responded to questions regarding forthcoming amendments to HB 24-1460.

07:36:37 PM  
John McFarland, representing himself, testified in support of the bill.

Andrea Bradbury, representing herself, testified in support of the bill.

Mr. Nicholas Hamaker, representing himself, testified in support of the bill.

Mr. Urban, representing himself, testified in support of HB 24-1460.

07:50:52 PM  
Ms. Crystal Fresquez, representing herself, testified in support of the bill.

Alexander Landau, representing the Denver Justice Project, testified in support of HB 24-1460.

Ms. Adrienne Sandoval, representing themself, testified in opposition to the bill.

Mr. Jeff Roberts, representing Colorado Freedom of Information Coalition, testified in support of the bill.

Ms. Shavonne Blades, representing Yellow Scene Magazine, testified in support of the bill.

Ms. Ashlyn Hare, representing herself, testified in support of the bill.

08:08:56 PM  
The committee recessed.
08:21:51 PM  

The committee returned to order. The committee discussed how to move forward with HB 24-1460. Representative Herod explained the effect of amendment L.001 (Attachment I).



08:26:41 PM
Motion Adopt amendment L.001
Moved Herod
Seconded Bacon
Amabile
Armagost
Garcia
Herod
Mabrey
Snyder
Soper
Winter T.
Woodrow
Bacon
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
08:27:02 PM  

Representative Herod explained the effect of amendment L.002 (Attachment J).



08:27:42 PM
Motion Adopt amendment L.002
Moved Herod
Seconded Bacon
Amabile
Armagost
Garcia
Herod
Mabrey
Snyder
Soper
Winter T.
Woodrow
Bacon
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
08:28:01 PM  

Representative Herod explained the effect of amendment L.003 (Attachment K).



08:28:17 PM
Motion Adopt amendment L.003
Moved Herod
Seconded Bacon
Amabile
Armagost
Garcia
Herod
Mabrey
Snyder
Soper
Winter T.
Woodrow
Bacon
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
08:28:19 PM  

Representative Herod explained the effect of amendment L.004 (Attachment L).



08:28:46 PM
Motion Adopt amendment L.004
Moved Herod
Seconded Bacon
Amabile
Armagost
Garcia
Herod
Mabrey
Snyder
Soper
Winter T.
Woodrow
Bacon
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
08:28:48 PM  

Representative Herod explained the effect of amendment L.005 (Attachment M).



08:29:23 PM
Motion Adopt amendment L.005
Moved Herod
Seconded Bacon
Amabile
Armagost
Garcia
Herod
Mabrey
Snyder
Soper
Winter T.
Woodrow
Bacon
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
08:29:25 PM  
Representatives Bacon and Herod provided closing remarks in support of HB 24-1460. Various committee members provided their positions on the bill.


09:07:00 PM
Motion Refer House Bill 24-1460, as amended, to the Committee of the Whole.
Moved Herod
Seconded Bacon
Amabile No
Armagost No
Garcia Yes
Herod Yes
Mabrey Yes
Snyder No
Soper No
Winter T. No
Woodrow Yes
Bacon Yes
Weissman Yes
Final YES: 6   NO: 5   EXC: 0   ABS:  0   FINAL ACTION:  PASS


09:08:32 PM   The committee adjourned.






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