S_JUD_2021A 03/18/2021 01:33:20 PM Committee Summary

President Garcia and Senator Cooke, co-prime sponsors, explained Senate Bill 21-064, concerning criminalizing retaliation against an elected official.  They discussed protections, harassment, and attacks on democracy.  They answered questions about the definition of a close relationship, as defined in the bill. 

Maureen Cain, representing the Office of the State Public Defender, testified in support of the bill.  She discussed harassment of elected officials and answered questions about retaliation.

Committee members asked questions about social media and the bill's application to elected officials threatening other elected officials.

Further questions were raised about definitions in the bill.

President Garcia and Senator Cooke distributed and explained Amendment L.001 (Attachment A). 

President Garcia and Senator Cooke made closing comments.

Attachment B includes submitted written testimony about the bill. 

Senator Kirkmeyer, bill sponsor, explained Senate Bill 21-023, concerning restrictions on nondisclosure agreements affecting state government employees.  She discussed former state employees, nondisclosure and settlement agreements, and transparency. 

Committee members asked questions about county and municipal employees.  Discussion ensued about the breadth and scope of the bill and confidentiality. 

Senator Kirkmeyer read into the record letter from Colorado Broadcasters Association (Attachment C).

Mr. Miller Hudson, representing self, testified in support of the bill. He discussed nondisclosure agreements and negative consequences. He answered questions about labor negotiations and whistleblowers.

Mr. Dino Ioannides, representing Colorado Independent Ethics Commission, testified to amend the bill. He discussed confidentiality and frivilous claims.

Senator Kirkmeyer distributed and explained Amendment L.001 (Attachment D) and Amendment L.002 (Attachment E) regarding the Independent Ethics Commission and the Executive and Judicial Branches.  

Senator Kirkmeyer made closing remarks and reiterated her openness to working on further amendments. 

Committee members raised concerns about the bill's scope.

Senator Gonzales took over as chair so Senator Lee could present Senate Bill 21-066. 

Senator Lee, sponsor, explained Senate Bill 21-066, concerning juvenile diversion programs.  He discussed court involvement for at-risk youth and diversion programs.  

Committee members asked questions about funding and definitions as outlined in the bill. 

Mr. John Seward, representing self, testified in support of the bill. He discussed juvenile justice and brain development (Attachment F).

Elise Logemann, representing ACLU of Colorado, testified in support of the bill. She discussed screening tools and the "clean-up" language as outlined in the bill. 

Mrs. Kelly Abbott, representing Colorado Division of Criminal Justice, Office of Adult and Juvenile Justice Assistance, testified in support of the bill.

Mr Arnold Hanuman, representing Coloroado District Attorneys' Council, testified to amend the bill. He raised concerns about funding and screening tools. 

Joe Thome, representing the Division of Criminal Justice in the Colorado Department of Public Safety, made himself available to answer committee questions.

Senator Lee distributed and explained Amendment L.001 (Attachment G) regarding pre-arrest diversion, risk-screening tools, and the funding allocation formula.

Senator Lee made closing remarks. 

Senator Lee, sponsor, explained Senate Bill 21-124, concerning the creation of a class 2 felony offense when the death of a person is caused by a participant without deliberation in the course of the commission of specified felony offenses.  He discussed proportionate punishment, strict liability crimes, and culpability. 

Ms. Colette Tvedt, representing Colorado Criminal Defense Bar (CCDB), testified in support of the bill. She discussed culpability, intention, and judicial discretion. 

Tristan Gorman, representing CCDB, testified in support of the bill.  She discussed penalties, juries, and judicial discretion. 

Hand-outs from the CCDB were distributed about the bill (Attachment H). 

Beth McCAnn, District Attorney for the City and County of Denver, testified in support of the bill.  She discussed equity and punishment.  

Mr. Christian Champagne, representing the 6th Judicial District Attorney’s Office, testified to amend the bill.  He discussed sentencing statutes. 

Amanda Gall, representing the Colorado Districy Attorneys' Council, testified in support of the bill on behalf of a number district attorneys across the state, including Alexis King (1st Judicial District) and Michael Dougherty (20th Judicial District)

Mr Brian Mason, representing 17th Judicial District Attorney's Office, testified in support of the bill. He discussed culpability and sentencing. 

John Kellner, representing 18th Judicial DA's Office, testified in opposition to the bill. He discussed homicides rates and disincentives.  

Ms. Jennifer Viehman, representing 4th Judicial District Attorney's Office, testified in opposition to the bill.

The witnesses answered questions from the committee about victims, witnesses, sentencing ranges, and disincentives. 

Jeff Johnson, representing self, testified in support of the bill.  He discussed spending time in prison for accompanying someone who committed a murder unbeknownst to him.

Mr. Curtis Brooks, representing self, testified in support of the bill. He discussed being a homeless youth and getting caught up in a crime that escalated.

Mrs. Robinette Hoppin, representing self, testified in support of the bill. She discussed her experience as a juror on a felony murder case and the emotional toll. 

The witness panel answered questions from the committee. 

Ms. Natalie Cisco, representing self, testified in support of the bill.

Professor Aya Gruber, representing self, testified in support of the bill. She discussed criminal intent and liability.

Professor Ian Farrell, representing self, testified in support of the bill. He discussed current felony murder law in a comparative context.

Melanie Kesner, representing Interfaith Alliance of Colorado, testified in support of the bill on behalf of Rev Corbin Tobey-Davis.

Greg McDonald, representing Interfaith Alliance of Colorado, testified in support of the bill.

Committee members asked questions about disincentives and crime.  

Sarah Varty, representing self, testified in support of the bill. She discussed culpability.

Mr. Luke McConnell, representing Colorado Criminal Defense Bar, testified in support of the bill. He spoke to some of the points raised in opposition testimony. 

Mr. Philip Cherner, representing Sam Cary Bar Association, testified in support of the bill. He discussed the disproportionate representation of people of color in the criminal justice system. 

Ms. Misty Rubi, representing self, testified in support of the bill.

Ms. Lindsay Saunders-Velez , representing Colorado Justice Advocacy Network, testified in support of the bill.

Amy Kafuuma, representing Above Waters Project, testified in support of the bill.

Senator Lee distributed and explained Amendment L.002 (Attachment I). 

Senator Lee made closing remarks.

Committee members explained their reasons in support or opposition to the bill. 

Submitted written testimony about the bill is included in Attachment J.