H_JUD_2025A 03/12/2025 01:35:13 PM Committee Summary

The committee was
called to order. A quorum was present. Representatives Caldwell and Bird,
prime sponsors, presented House Bill 25-1072, concerning increasing pretrial
release requirements for certain criminal defendants accused of committing
a violent offense. The bill sponsors explained the effect of the bill and
discussed its need, highlighting criminal cases that would be impacted
by the bill. Amendment L.001 (Attachment A) was distributed.




Discussion ensued regarding judicial discretion and personal recognizance
bonds, as well as the bill's fiscal impact.



Discussion followed
regarding the types of crimes impacted.

Terrance Carroll,
representing Sam Cary Bar Association, testified in opposition to the bill.
Tristan Gorman, representing Colorado Criminal Defense Bar, testified in
opposition to the bill. Anaya Robinson, representing ACLU of Colorado,
testified in opposition to the bill. Rebecca Wallace, representing Colorado
Freedom Fund, testified in opposition to the bill.



Discussion ensued
regarding judicial discretion for granting bond release, and the role of
prosecutors in administering the bill. Discussion followed regarding competency
issues, and criteria considered by judges when setting bond. Discussion
turned to potential statutory conflicts should the bill pass, and the efficacy
of cash bail.

Deputy Chief Jensen,
representing Colorado Association Chiefs of Police - Colorado Springs Police
Department, testified in support of the bill. Mr. Cabriales responded to
questions regarding loss of life due to pre-trial release.



Committee members
asked questions about pretrial release and assessment tools used by judges
for bond purposes.

George Brauchler,
representing District Attorney's Office for the 23rd Judicial District,
testified in support of the bill. Michael Allen, representing 4th Judicial
District Attorney's Office, testified in support of the bill. Mr. Christian
Gardner-Wood, representing Boulder County DA’s Office, testified to amend
the bill. Brian Mason, representing 17th Judicial District Attorney's Office,
testified in support of the bill.



Committee members
inquired about the balance between parties in deciding grant pre-trial
release, and the status of district attorneys within the organization of
government. Discussion followed regarding information sharing among judicial
districts, and how HB 25-1072 operates in comparison to existing law. Discussion
turned to the position of victims and their families, and the rate at which
judges approve the recommendations of district attorneys on personal recognizance
bonds. The panel responded to questions regarding how certain processes
operate in the initial stages of a criminal case.

Dr. Eric Nelson,
representing National Action Network Colorado, testified in opposition
to the bill. Mr. James Karbach, representing Colo. St. Pub. Defender, testified
in opposition to the bill. Dr. MICHAEL JONES, representing themself, testified
in opposition to the bill.



Committee members
asked questions about differences between money bonds and personal recognizance
bonds. Discussion ensued regarding certain processes associated with pre-trial
release, and the constitutionality of HB 25-1072. Discussion returned to
research on bail.

Mr. Tyler Brown, representing County Sheriffs of Colorado, testified in support of the bill. Discussion ensued regarding the pre-trial process from law enforcement's perspective. Augustine Garcia, representing themself, testified in opposition to HB 25-1072.



Written comments about the bill are in Attachment B.

Representatives Armagost
and Lindsay, prime sponsors, presented House Bill 24-1194, concerning protections
for victims of economic abuse. The bill sponsors explained the effect of
the bill and discussed its need.



Committee members
asked questions about the fiscal note. Additional questions were raised
about burden of proof and the time frame involved.

Ms. Roshan Kalantar,
representing Violence Free Colorado, testified in support of the bill.
Ms. ReJeania Downing, representing themself, testified in support of the
bill. Carmina Lass, representing Department of Law, testified in support
of the bill. Aimee Jensen, representing themself, testified in support
of the bill.



The panelists
responded to questions regarding how a case would be presented in court
under HB 25-1194. Discussion ensued regarding certain civil court processes
surrounding debt and what constitutes "sufficient documentation"
under the bill.

Ariane Frosh, representing Colorado Poverty Law Project, testified in support of the bill. Morgan McGarvey, representing themself, testified in support of the bill. Ms. Makyla Moody, representing Colorado Creditors Bar Association, testified in support of the bill. Blake Boettcher, representing BC Services, testified in support of the bill. Mr. Jeffrey Reister, Department of Law, made himself available to respond to questions.



Committee members asked questions regarding the types of debt covered in the bill, in addition to other questions about the bill's scope.

Rebekah Layton, representing
themself, testified in support of the bill. Dr. Eric Nelson, representing
the National Action Network Colorado, testified in support of HB 25-1194.
Ms. Onnastasia Cole, representing Colorado Coalition Against Sexual Assault,
testified in support of the bill. Courtney Sutton, representing Colorado
Organization for Victim Assistance, testified in support of the bill. David
Frost, representing themself, testified in support of the bill.



Committee members
asked questions about similar legislation in other states.



Written comments
about the bill are in Attachment C.

Representative Armagost explained the effect of amendment L.001 (Attachment D), and responded to questions regarding the origin of certain language in the amendment. Shelby Ross, Office of Legislative Legal Services, provided input on the amendment.

Representatives Armagost and Zokaie provided closing remarks in support of HB 25-1194. Various committee members provided their positions on the bill.

Representative English, prime sponsor, presented House Bill 25-1187, concerning the release of certain documentation submitted to the court in a proceeding related to a civil protection order. Representative English explained the effect of the bill and discussed its need. Representative English responded to questions regarding what inspired the bill. Amendment  L.001 (Attachment E) was distributed and discussed.

Mrs. Soledad Diaz,
representing Violence Free Colorado, testified in support of the bill.
Courtney Sutton, representing Colorado Organization for Victim Assistance,
testified to amend the bill.



Discussion ensued
regarding processes regarding protection orders, and the civil nature of
HB 25-1187.

Representative English provided closing remarks in support of HB 25-1187. Discussion ensued regarding the merits of the legislation.

Representatives Bradley and English, prime sponsors, presented House Bill 25-1073, concerning criminal sentencing for persons who commit certain types of sexual assault on a child and requiring a mandatory minimum period of incarceration for a class 4 and class 3 felony. The bill sponsors explained the effect of the bill and responded to questions about related statistics, including demographics.

Elyssa Marsh, representing
themself, testified in support of the bill. Ashley Jellison, representing
Colorado Children's Alliance, testified in support of the bill. Diana Goldberg,
representing Colorado Children's Alliance - SungateKids Child Advocacy
Center, testified in support of the bill. Ked Frank, representing Safe
Places for Women, testified in support of the bill. Mrs. Lori Triplett,
representing themself, testified in support of the bill.



Committee members
asked questions to how HB 25-1073 will help child victims feel safer.

Sarah Croog, representing
themself, testified in opposition to the bill. Mr. Daniel Katz, representing
themself, testified in opposition to the bill. Rebekah Layton, representing
themself, testified in opposition to the bill. Christopher Decker, representing
themself, testified in opposition to HB 25-1073.



Discussion ensued
regarding sentencing changes for sex offenses and related fact patterns.
 Discussion followed regarding sex offense sentencing and treatment.
The panelists responded to questions about sex offenders on probation,
false accusations, and the availability of sex offender treatment.

George Brauchler,
representing 23rd Judicial District Attorney's Office, testified in support
of the bill. Mr. Tyler Brown, representing County Sheriffs of Colorado,
testified in support of the bill. Ms. Jessica Dotter, representing Colorado
District Attorneys' Council, was available to answer committee questions.
Danielle Jaramillo, representing District Attorney's Office for the 23rd
Judicial District, testified in support of the bill.



The panel responded
to questions regarding sex offense statistics and demographics. Further
discussion continued about the bill's fiscal impact. More questions were
raised about sentencing statistics, and the bill's impact on victims and
their families.Discussion returned to the fiscal impact of the bill. Committee
inquired about pleading down sex offense cases and jury trials. Discussion
returned to data associated with child sex offenses.

Ms. Ashley Charbonneau,
represented by Tristan Gorman who read Ashley's testimony, testified in
opposition to the bill. Augustine Garcia, representing Southern Colorado
Association for Restorative Justice, testified in opposition to the bill.
Mr. Nathan Eagan, representing themself, testified in opposition to the
bill. Mr. Luke McConnell, representing themself, testified in opposition
to the bill. Mr. Gary Reser, representing themself, testified in opposition
to the bill.



Discussion ensued
regarding the bill's impact and mandatory sentencing structures.  Discussion
continued about demographics for the victims who would be impacted by HB
25-1073, and justice for victims.

Mr. Auontai Anderson,
representing themself, testified in support of the bill. Scott Shamblin,
representing themself, testified in support of HB 25-1073. Elizabeth Newman,
representing Colorado Coalition Against Sexual Assault, testified in support
of the bill. Ms. Tanya McCrea, representing Growing in Him Counseling,
testified in support of the bill. Natalie Jolin, representing ShesCHERIsed,
testified in support of the bill.



The panel responded
to committee questions.

Mr. Rick Ostring, representing themself, testified in opposition to the bill. Mr. Caleb Kapp, representing themself, testified in opposition to the bill. Ms. Gina Shimeall, representing themself, testified in opposition to the bill. Ms. Laurie Kepros, representing Office of the State Public Defender, testified in opposition to the bill. Ms. Maureen Cain, representing Office of the State Public Defender, testified in opposition to the bill.



Discussion ensued regarding plea bargaining, and sex offense sentencing under current law. Discussion followed regarding individuals who choose prison over probation for sex offenses, and indeterminate sentencing. Committee members askd about statistics associated with certain child sex crimes, and trends in sex offenses going to trial.

Ms. Erin Meschke,
representing themself, testified in support of the bill. Dr. Karen Pennington,
representing Concerned Women for America Legislative Action Committee,
testified in support of the bill. Brad-Coach Kellen, representing Breaking
the Chains of Abuse B.A.C.A, was available to answer committee questions.
Ms. Ivy Liu, representing themself, testified in support of the bill. Ms.
Jeany Rush, representing themself, testified in support of the bill. Donna
LaBelle, representing themself, testified in support of the bill.



Committee members
asked the panel questions about youth advocacy.



Written comments
are in Attachment F.

No amendments were offered to HB 25-1073. Representatives Bradley and English provided closing remarks in support of the bill. Various committee members provided their positions on the bill.