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H_JUD_2025A 02/26/2025 01:39:57 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON JUDICIARY
Date 02/26/2025
Attendance
Armagost X
Bacon *
Brooks X
Caldwell X
Clifford X
Espenoza *
Garcia X
Keltie X
Zokaie *
Carter X
Mabrey X
Time 01:39:57 PM to 10:48:04 PM
Place HCR 0107
This Meeting was called to order by Mabrey
This Report was prepared by Bo Pogue
Hearing Items Action Taken
HB25-1181 Referred to the Committee of the Whole
HB25-1183 Amended, referred to House Appropriations
HB25-1147 Amended, referred to the Committee of the Whole
HB25-1136 Committee Discussion Only
HB25-1148 Amended, referred to the Committee of the Whole

HB25-1181 - Referred to the Committee of the Whole


01:40:09 PM  
The committee was
called to order. A quorum was present. Representatives Pugliese and Clifford,
prime sponsors, presented House Bill 25-1181, concerning the Colorado Rangers
Law Enforcement Shared Reserve. The bill sponsors explained the need and
importance of the bill.
01:52:19 PM  
Mr. Ronald Abramson,
representing Chief, Colorado Rangers, testified in support of the bill.
Mr. Murphy Robinson, representing Colorado Rangers, testified in support
of the bill. Senator John Cooke, representing Colorado Rangers Law Enforcement
Shared Reserve, testified in support of the bill. Speaker Terrance Carroll,
representing themself, testified in support of the bill.
02:04:46 PM  
Deputy Chief Reeves,
representing Colorado Association of the Chiefs of Police, testified in
support of the bill. Robert Rotherham, representing Douglas County Sheriff's
Office, testified in support of the bill.
02:10:04 PM  
No amendments were offered to HB 25-1181. Representatives Clifford and Pugliese provided closing remarks in support of the bill.


02:12:56 PM
Motion Refer House Bill 25-1181 to the Committee of the Whole.
Moved Clifford
Seconded Carter
Armagost Yes
Bacon Excused
Brooks Yes
Caldwell Yes
Clifford Yes
Espenoza Yes
Garcia Yes
Keltie Yes
Zokaie Yes
Carter Yes
Mabrey Yes
Final YES: 10   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS



HB25-1183 - Amended, referred to House Appropriations


02:13:47 PM  
Representatives Gilchrist
and Bacon, prime sponsors, presented House Bill 25-1183, concerning the
creation of a working group to study the use of colorimatric field drug
tests. The bill sponsors explained what the bill does and the need for
it.  Discussion ensued regarding legal issues associated with the
field drug tests that are the subject of the bill.
02:26:58 PM  
Jeanne Segil, representing
Korey Wise Innocence Project, testified in support of the bill. Noah Stout,
representing themself, testified in support of the bill. Holly Bennett,
representing themself, testified in support of the bill. Taylor Pruski,
representing The Korey Wise Innocence Project and Legislation Inside, testified
in support of the bill.




Discussion ensued
regarding field drug testing, and the process by which these tests are
used as evidence in the judicial process.
02:53:58 PM  
Chief Smith, representing Colorado Association of the Chiefs of Police, testified in opposition to the bill. Chief Smith responded to questions regarding the use of field drug tests by his police department, and the efficacy of field drug tests.
03:10:26 PM  
Mr. Des Walsh, representing
Roadside Drug Test Innocence Alliance, testified in support of the bill.
Keli Young, representing Innocence Project, testified in support of the
bill. Mr. Michael Dougherty, representing District Attorney's Office, 20th
Judicial District and Colorado District Attorneys Council, testified in
support of the bill. John Walsh, representing 2nd Judicial District Attorney's
Office, testified in support of the bill.




Discussion ensued
regarding data surrounding the use and failure rate of field drug tests.
Discussion followed regarding a case discussed earlier, and the task force
duties created by HB 25-1183.
03:34:27 PM  
Representative Gilchrist explained the effect of amendment L.001 (Attachment A).


03:36:36 PM
Motion Adopt amendment L.001 (Attachment A)
Moved Bacon
Seconded Carter
Armagost
Bacon
Brooks
Caldwell
Clifford
Espenoza
Garcia
Keltie
Zokaie
Carter
Mabrey
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
03:36:37 PM  
Representatives Bacon and Gilchrist provided closing remarks in support of HB 25-1183. Various committee members provided their positions on the bill.


03:55:53 PM
Motion Refer House Bill 25-1183, as amended, to the Committee on Appropriations.
Moved Bacon
Seconded Carter
Armagost No
Bacon Yes
Brooks No
Caldwell No
Clifford Yes
Espenoza Excused
Garcia Yes
Keltie No
Zokaie Yes
Carter Yes
Mabrey Yes
Final YES: 6   NO: 4   EXC: 1   ABS:  0   FINAL ACTION:  PASS



HB25-1147 - Amended, referred to the Committee of the Whole

03:56:22 PM  
Representative Mabrey
made announcements. The committee recessed.
04:07:12 PM  
The committee returned
to order. Representatives Mabrey and Velasco, prime sponsors, presented
House Bill 25-1147, concerning measures to ensure that municipal court
defendants are subject to similar conditions as state court defendants.
The bill sponsors explained the bill and its merits.
04:26:46 PM  
Mr. Jonathan Jourdane,
representing Office of the Alternate Defense Counsel, testified in support
of the bill. Rebecca Wallace, representing Colorado Freedom Fund, testified
in support of the bill. Mr. Sean Maye, representing themself, testified
in support of the bill. Dr. Alexandra Natapoff, representing themself,
testified in support of the bill.




Discussion ensued
regarding equal protection and due process issues. Discussion followed
regarding how cases end up in courts of local jurisdiction, and the relationship
between police and courts of local jurisdiction. Discussion turned to deterrence
of criminal behavior, and the impact of sentencing discretion for local
courts.
04:56:53 PM  
Ms. Heather Graham,
representing themself, testified in opposition to the bill. Mr. Pete Schulte,
representing City of Aurora, testified in opposition to the bill. Mr. Chris
Noeller, representing City of Pueblo, testified in opposition to the bill.
Kala Beauvais, representing the 10th Judicial District, testified in opposition
to HB 25-1147.




Discussion ensued
regarding actions taken by local governments on property crimes, and equity
in criminal sentencing across jurisdictions. Discussion followed regarding
the deterrent effect of criminal laws, and potential unintended consequences
of the bill. Discussion turned to how criminal cases are assigned to courts
of local jurisdiction.
05:25:31 PM  
Mr. Sean Smith, representing
La Plata County Sheriff, testified in support of the bill. Matt Salka,
representing Colorado Counties, Inc., testified in support of the bill.
Marsha Porter-Norton, representing La Plata County, testified in support
of the bill. Ms. Amy Trenary, representing themself, testified in support
of the bill.




Discussion ensued
regarding the merits of parity in sentencing between jurisdictions. Committee
members asked questions about housing municipal offenders. Discussion followed
regarding indigency and criminal offenses.
05:53:05 PM  
Bruce Eisenhauer,
representing Department of Local Affairs, testified in opposition to the
bill. Chief Bryce Current, representing Colorado Association Chiefs of
Police, testified in opposition to the bill. Ms. Carla Sikes, representing
City of Pueblo, testified in opposition to the bill. Victor Zerbi, representing
themself, testified in opposition to the bill. Shannon Chambers-Nelson,
representing Greenwood Village, testified in opposition to the bill.




Discussion ensued
regarding sentencing for property crimes at the local level. Committee
members asked questions regarding failure-to-appear rates and sentencing.
06:23:53 PM  
Ms. Alison Coombs,
representing themself, testified in support of the bill. Jack Johnson,
representing Disability Law Colorado, testified in support of the bill.
Ms. Bonnie Hoffman, representing National Association of Criminal Defense
Lawyers, testified in support of the bill. Sara Hildebrand, representing
Aurora Public Defender Commission, testified in support of the bill.




Committee members
asked questions regarding certain services for those taken into custody
at the local level, and competency evaluation issues. Discussion ensued
regarding the impact of HB 25-1147 on law enforcement activities, and the
effect of mandatory minimum sentences. Witnesses responded to questions
about length of time individuals are incarcerated in municipalities.
06:43:52 PM  
Jeremy Schupbach,
representing Colorado Municipal League, testified to amend the bill. Ms.
Katie Kurtz, representing City of Arvada, testified to amend the bill.
Mr. Mark Gonzales, representing Colorado Municipal Judges Association,
testified to amend the bill. Ms. Brandi Adakai, representing RMSER - Rocky
Mountain SER, testified in opposition to the bill. Ms. Jill Hueser, representing
City of Fort Collins Municipal Court, testified in opposition to the bill.
Nancy McNally, representing City of Westminster, testified in opposition
to the bill.




Committee members
asked questions about costs, services available to municipal court defendants,
and the impact of HB 25-1147 on public safety. Discussion continued about
retail theft and failure-to-appear rates.
07:19:07 PM  
Kristi Englekirk,
representing themself, testified in support of the bill. Aubrey Wilde,
representing Colorado Coalition for the Homeless, testified in support
of the bill. Mr. Matt Kellond, representing themself, testified in support
of the bill. Ms. Ashley Telleen, representing The Office Of Alternate Defense
Counsel, testified in support of the bill.




Discussion followed
about the impact of certain convictions on immigration status.
07:36:41 PM  
Ms. Corin Flannigan, representing Colorado Municipal Judges Association, testified to amend the bill.
07:36:47 PM  
Colette Tvedt, representing
Office of the Municipal Public Defender-Denver, testified in support of
the bill. Ms. Rachel Mercer, representing Denver Office of the Municipal
Public Defender, testified in support of the bill. Jessica Jones, representing
Office of Municipal Public Defender Commission, testified in support of
the bill. Ms. Lindsey Webb, representing Denver Office of the Municipal
Public Defender (Commission Member), testified in support of the bill.




Committee members
raised questions about earlier testimony. Discussion ensued regarding a
pending court case that impacts HB 25-1147, and certain recommendations
made by the Colorado Commission on Criminal and Juvenile Justice.
07:54:52 PM  

Dr. Michael Neil, representing themself, testified in support of the bill. Ms. Anne Moorhead, representing themself, testified in support of the bill. Mary Broderick, representing themself, testified in support of the bill. Elizabeth Cadiz, representing themself, testified in support of the bill. Yona Porat, representing Yona Porat Law, LLC, testified in support of the bill.



Committee members asked questions about equal protection.

08:11:37 PM  
Kevin Young, representing
First United Methodist Church of Montrose, testified in support of the
bill. Ms. Alison Gordon, representing themself, testified in support of
the bill. Trudy Gygi, representing Together Colorado, testified in support
of the bill. Ms. Ana-Lilith Miller, representing Housekeys Action Network
Denver (H.A.N.D.), testified in support of the bill.
08:22:29 PM  
Mx. Dana Steiner,
representing Colorado Freedom Fund, testified in support of the bill. Conor
Kane, representing themself, testified in support of the bill. Anaya Robinson,
representing ACLU of Colorado, testified in support of the bill. Tristan
Gorman, representing Colorado Criminal Defense Bar, testified in support
of the bill. Ms. Morgan de Haro-Brown, representing themself, testified
in support of the bill. Keri Williams, representing themself, testified
in support of the bill. Jennifer Jones, representing Solutions, testified
in support of the bill.




Written comments
are in Attachment B.
08:44:18 PM  
Representative Mabrey
explained the effect of Amendment L.001 (Attachment C).


08:44:54 PM
Motion Adopt amendment L.001 (Attachment C).
Moved Mabrey
Seconded Bacon
Armagost
Bacon
Brooks
Caldwell
Clifford
Espenoza
Garcia
Keltie
Zokaie
Carter
Mabrey
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
08:45:16 PM  
Representative Mabrey
explained the effect of amendment L.002 (Attachment D).


08:45:54 PM
Motion Adopt amendment L.002 (Attachment D)
Moved Mabrey
Seconded Bacon
Armagost
Bacon
Brooks
Caldwell
Clifford
Espenoza
Garcia
Keltie
Zokaie
Carter
Mabrey
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
08:47:13 PM  
Representative Mabrey
explained the effect of amendment L.003 (Attachment E).


08:47:56 PM
Motion Adopt amendment L.003 (Attachment E)
Moved Mabrey
Seconded Clifford
Armagost
Bacon
Brooks
Caldwell
Clifford
Espenoza
Garcia
Keltie
Zokaie
Carter
Mabrey
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
08:48:37 PM  
Representative Mabrey
explained the effect of amendment L.005 (Attachment F).


08:49:08 PM
Motion Adopt amendment L.005 (Attachment F)
Moved Mabrey
Seconded Bacon
Armagost
Bacon
Brooks
Caldwell
Clifford
Espenoza
Garcia
Keltie
Zokaie
Carter
Mabrey
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
08:49:36 PM  
Representative Mabrey
explained the effect of amendment L.006 (Attachment G).


08:50:24 PM
Motion Adopt amendment L.006 (Attachment G)
Moved Mabrey
Seconded Bacon
Armagost
Bacon
Brooks
Caldwell
Clifford
Espenoza
Garcia
Keltie
Zokaie
Carter
Mabrey
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
08:50:43 PM  
Representative Mabrey
explained the effect of amendment L.007 (Attachment H).


08:51:16 PM
Motion Adopt amendment L.007 (Attachment H)
Moved Mabrey
Seconded Bacon
Armagost
Bacon
Brooks
Caldwell
Clifford
Espenoza
Garcia
Keltie
Zokaie
Carter
Mabrey
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
08:51:18 PM  
Representatives Velasco and Mabrey provided closing remarks in support of HB 25-1147. Various committee members provided their positions on the bill.


09:15:50 PM
Motion Refer House Bill 25-1147, as amended, to the Committee of the Whole.
Moved Mabrey
Seconded Espenoza
Armagost No
Bacon Yes
Brooks No
Caldwell No
Clifford No
Espenoza Yes
Garcia Yes
Keltie No
Zokaie Yes
Carter Yes
Mabrey Yes
Final YES: 6   NO: 5   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB25-1136 - Committee Discussion Only


09:16:15 PM  
Representatives Clifford
and Bacon, prime sponsors, presented House Bill 25-1136, concerning matters
related to peace officers. The bill sponsors explained the effect of the
bill and discussed its need.
09:23:42 PM  

Audrey Elling, representing Together Colorado, testified in support of HB 25-1136. Deputy Chief Todd Reeves, representing Colorado Association of the Chiefs of Police, testified in support of the bill. Ms. Dawn Johnson, representing County Sheriffs of Colorado, testified to amend the bill. Mr. Tim Regan-Porter, representing Colorado Press Association, testified in support of the bill.



Discussion ensued regarding due process issues,



Written testimony about the bill is in Attachment I.

09:42:35 PM  

The bill sponsors provided remarks on HB 25-1136. The chair laid the bill over for action only at a later date.



HB25-1148 - Amended, referred to the Committee of the Whole


09:48:47 PM  
Representatives Bacon
and Carter, prime sponsors, presented House Bill 25-1148, concerning protection
orders. The bill sponsors explained the bill and the need for it.
09:55:07 PM  
Ms. Maureen Cain,
representing Colorado State Public Defender, testified in support of the
bill. Mr. James Karbach, representing Colorado State Public Defender, testified
in support of the bill. Mr. David Kaplan, representing Colorado State Public
Defender, testified in support of the bill. Patrick Crane, representing
Public defender, testified in support of the bill.




Committee members
responded to questions regarding the difference between bond conditions
and protection orders for defendants.




Committee members
discussed arrest data.
10:15:13 PM  
Ms. Jamie Kearns,
representing Colorado State Public Defender, testified in support of the
bill. Ms. Sarah Moya, representing Colorado State Public Defender, testified
in support of the bill. Mr. Justin Bogan, representing Colorado State Public
Defender, testified in support of the bill. Mr. Ara Ohanian, representing
Colorado State Public Defender, testified in support of the bill. Katie
Wolf, representing Violence Free Colorado and CCASA, testified in a neutral
position on the bill. Ms. Ashley Ahlholm, representing Colorado State Public
Defender, testified in support of the bill.




Discussion ensued
regarding arrest data.
10:37:41 PM  
Representative Bacon
explained the effect of Amendment L.001 (Attachment J).


10:38:14 PM
Motion Adopt amendment L.001 (Attachment J)
Moved Bacon
Seconded Carter
Armagost
Bacon
Brooks
Caldwell
Clifford
Espenoza
Garcia
Keltie
Zokaie
Carter
Mabrey
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
10:38:33 PM  
Representative Bacon
explained the effect of Amendment L.002 (Attachment K). Discussion ensued
regarding the impact of the amendment on current law.


10:40:05 PM
Motion Adopt amendment L.002 (Attachment K)
Moved Bacon
Seconded Carter
Armagost
Bacon
Brooks
Caldwell
Clifford
Espenoza
Garcia
Keltie
Zokaie
Carter
Mabrey
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
10:40:27 PM  
Representative Bacon
explained the effect of Amendment L.003 (Attachment L).


10:40:51 PM
Motion Adopt amendment L.003 (Attachment L)
Moved Bacon
Seconded Carter
Armagost
Bacon
Brooks
Caldwell
Clifford
Espenoza
Garcia
Keltie
Zokaie
Carter
Mabrey
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
10:40:53 PM  
Representatives Bacon
and Carter provided closing remarks in support of HB 25-1148. Committee
members gave closing remarks.




Written testimony
about HB25-1148 may be read in Attachment M.


10:47:08 PM
Motion Refer House Bill 25-1148, as amended, to the Committee of the Whole.
Moved Bacon
Seconded Carter
Armagost No
Bacon Yes
Brooks No
Caldwell No
Clifford Yes
Espenoza Yes
Garcia Yes
Keltie No
Zokaie Yes
Carter Yes
Mabrey Yes
Final YES: 7   NO: 4   EXC: 0   ABS:  0   FINAL ACTION:  PASS


10:48:04 PM   The committee adjourned.






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