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S_JUD_2023A 04/10/2023 01:37:04 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON JUDICIARY
Date 04/10/2023
Attendance
Gardner X
Roberts X
Van Winkle X
Rodriguez X
Gonzales X
Time 01:37:04 PM to 03:02:04 PM
Place Old Supreme Court
This Meeting was called to order by Gonzales
This Report was prepared by Juliann Jenson
Hearing Items Action Taken
SB23-249 Referred to the Committee of the Whole - Consent Calendar
HB23-1012 Referred to Senate Appropriations
SB23-247 Referred to the Committee of the Whole - Consent Calendar

SB23-249 - Referred to the Committee of the Whole - Consent Calendar


01:37:15 PM  

Senators Bridges and Van Winkle, co-prime sponsors, presented Senate Bill 23-249, concering false reporting of an emergency.  The bill sponsors discussed "swatting" and the need for the bill. 

01:44:23 PM  

Tristan Gorman, representing Colorado Criminal Defense Bar, testified in opposition to the bill. 

Anna Cripe, representing themself, testified in support of the bill.

Mollie Steinemann, representing Colorado Municipal League, testified in support of the bill.

Committee members asked questions about current penalties in state law for swatting.  Further questions were asked about extradition. 

 

01:56:27 PM  

Dawn Reinfeld, representing Blue Rising, testified in support of the bill.

Kevin Vick, representing Colorado Education Association, testified in support of the bill.

Jeff Riester, representing Department of Law, testified in support of the bill.

Director Kevin Klein, representing Colorado Division of Homeland Security and Emergency Management, testified in support of the bill.

Committee members asked questions about inadequacies in current law.  Further questions were raised about the number of incidences regarding false reporting of emergencies. 

 

02:12:32 PM  

Mr. Maurizio Campana, representing themself, testified in support of the bill.

Kayla Eastwood, representing themself, testified in support of the bill.

Chief Dave Hayes, representing Colorado Association Chiefs of Police, testified in support of the bill.

Committee discussion followed about the number of arrests made for false reporting of an emergency.   Committee members asked the student panelists how information is disseminated from the schools. 

02:24:30 PM  
Matt Cook, representing Colorado Association of School Boards, testified in support of the bill.
02:27:21 PM  

The bill sponsors made closing remarks. 



02:29:10 PM
Motion Refer Senate Bill 23-249 to the Committee of the Whole and with a recommendation that it be placed on the consent calendar.
Moved Van Winkle
Seconded
Gardner Yes
Roberts Yes
Van Winkle Yes
Rodriguez Yes
Gonzales Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB23-1012 - Referred to Senate Appropriations


02:29:21 PM  

Senator Rodriguez, prime sponsor, presented House Bill 23-1012, concerning issues related to juvenile competency to proceed, and, in connection therewith, making an appropriation.  Senator Rodriguez explained the bill is recommended by the Legislative Oversight Committee Concerning Behavioral Health Disorders in the Criminal and Juvenile Justice Systems.  He distributed a fact sheet (Attachment A). 

 

 

02:32:39 PM  

Ms. Katie Hecker, representing Colorado Office of the Child’s Representative, testified in support of the bill. She discussed delinquency cases where competency is raised and procedural rights.

Director of the Forensic Services Division Amanda Edwards, representing Colorado Department of Human Services, testified in support of the bill.

Supervisory Psychologist in Court Services John Edwards, representing Colorado Department of Human Services, testified in support of the bill.

Mr. James Karbach, representing Colorado State Public Defender's Office, testified in support of the bill.

Committee members asked questions about competency restoration. 

02:45:39 PM  

Ms. Erica Oosthoek, representing themself, testified to amend the bill.

Timothy Lane, representing Colorado District Attorneys’ Council (CDAC), was available to answer committee questions. He relayed that CDAC is neutral on the bill.

Committee members asked questions about the CDAC position and related juvenile competency timelines. 

 

 

02:53:21 PM  

Senator Rodriguez made closing remarks.



02:55:35 PM
Motion Refer House Bill 23-1012 to the Committee on Appropriations.
Moved Rodriguez
Seconded
Gardner No
Roberts Yes
Van Winkle No
Rodriguez Yes
Gonzales Yes
Final YES: 3   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB23-247 - Referred to the Committee of the Whole - Consent Calendar


02:55:47 PM  

Senator Gonzales, bill sponsor, presented Senate Bill 23-247, concerning the establishment of the Division of Civil Protections and Rights in the Department of Law.   She explained the bill assists with internal operation management to better manage resources. 

02:57:48 PM  

Jeff Riester, representing Department of Law, testified in support of the bill.



03:01:49 PM
Motion Refer Senate Bill 23-247 to the Committee of the Whole and with a recommendation that it be placed on the consent calendar.
Moved Gonzales
Seconded
Gardner Yes
Roberts Yes
Van Winkle Yes
Rodriguez Yes
Gonzales Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS


03:02:04 PM   The committee adjourned.