S_JUD_2022A 03/02/2022 09:42:40 AM Committee Summary

Senator Woodward, bill sponsor, explained Senate Bill 22-041, concerning increasing pretrial release requirements for certain criminal defendants.  He discussed violent crime and personal recognizance (PR) bonds. 

Committee discussion followed about crime rates, PR bonds, and preventative detention. 

Committee members asked questions about the stakeholder process.  Further questions were raised about PR bond related data and subsequent criminal activity.   

Mr. John Stewardson, representing self, testified in support of the bill.

Committee members asked the witness questions about PR bonds. 

Maureen Cain, representing the Office of the State Public Defender, testified in opposition to the bill.   She discussed pretrial services, constitutional right to bail, and presumption of innocence. 

Committee members asked questions about the stakeholder process and the Colorado Commission on Criminal and Juvenile Justice. 

Tristan Gorman, representing Colorado Criminal Defense Bar, testified in opposition to the bill. She expressed concerns about its narrow focus and answered questions about how a judge determines pretrial release. 

Cory Gaines, representing self, testified in support of the bill. He discussed judicial guardrails. 

Timothy Schnacke, representing Center For Legal and Evidence-based Practices, testified in opposition to the bill. He discussed money bail systems and research he conducted on the subject. 

Committee members asked constitutional-related questions about bail. 

James Karbach, CO Public Defenders, testified in opposition to the bill.  He discussed bail, warrant forgiveness programs, competency restoration, pretrial supervision, and other application issues related to the bill. 

He answered questions about the stakeholder process. 

Rebecca Wallace, representing Colorado Freedom Fund, testified in opposition to the bill.  She noted that the bill is a departure from current practices. 

She answered questions about the differences between PR and money bonds. 

Senator Woodrow distributed and presented Amendment L.001, which decreases the bail amount from $7,500 to $1,000 in the bill (Attachment A). 

Senator Woodrow distributed and explained Amendment L.012 about making a PR bond exception for car jacking (Attachment B). 

Senator Woodrow distributed and explained Amendment L.008 about making a PR bond exception for first degree kidnapping by force (Attachment C). 

Senator Woodrow distributed and explained Amendment L.007 about making a PR bond exception for a person accused of a capital offense (Attachment D). 

Senator Woodrow distributed and explained Amendment L.005 about making a PR bond exception for a person accused of mass murder (Attachment E). 

Senator Woodrow distributed and explained Amendment L.009 about making a PR bond exception for a person accused of sexual assault on a child (Attachment F). 

Committee members asked questions about the amendment. 

Senator Woodward made closing comments.

Committee members voiced their reasons for voting in favor of or opposition to the bill. 

Senator Rodriguez, bill sponsor, explained House Bill 22-1071, concerning available relief for plaintiffs who prevail in a class action under the "Colorado Consumer Protection Act".   He discussed class action lawsuits and the merits of the bill. 

Mr Andrew Unthank, representing Colorado Civil Justice League, testified in opposition to the bill.  He discussed the Colorado Consumer Protection Act (CCPA) and expressed concerns that the bill encourages filing of class action lawsuits. 

Committee members asked questions about class action lawsuits, the CCPA, attorneys fees, and class action lawsuit settlements.  Questions were also raised about the stakeholder process. 

David Seligman, Towards Justice, testified in support of the bill. He discussed the CCPA and application in Colorado.

Committee members asked questions about deterrence, marketplace forces, and statutory damages. 

The committee chair referenced submitted written testimony from the Denver Metro Chamber of Commerce in opposition and the National Consumer Law center in support (Attachment G). 

Senator Rodriguez made closing remarks.