PUBLIC STAFF SUMMARY OF MEETING SENATE COMMITTEE ON JUDICIARY
Date |
05/01/2023 |
Attendance |
Gardner |
X |
Roberts |
X |
Van Winkle |
X |
Rodriguez |
X |
Gonzales |
X |
|
Time |
04:35:08 PM to 06:30:08 PM |
Place |
Old Supreme Court |
This Meeting was called to order by |
Gonzales |
This Report was prepared by |
Juliann Jenson |
|
Hearing Items |
Action Taken |
hHB23-1192 |
Amended, referred to the Committee of the Whole |
hHB23-1013 |
Referred to Senate Appropriations |
hHB23-1301 |
Amended, referred to the Committee of the Whole - Consent Calendar |
hHB23-1138 |
Referred to Senate Appropriations |
hHB23-1086 |
Referred to Senate Appropriations |
hHB23-1199 |
Amended, referred to Senate Appropriations |
hHB23-1258 |
Lay Over |
hHB23-1133 |
Referred to Senate Appropriations |
|
|
04:35:10 PM |
Senator Gonzales made announcements about agenda changes and noted that House Bills 23-1280, 1268, 1222, 1214, 1286, and 1292, and Sente Bill 23-158 would be reschuduled to May 2, 2023.
|
HB23-1192 - Amended, referred to the Committee of the Whole
|
|
|
04:36:53 PM |
Senators Rodriguez and Gonzales, co-prime sponsors, recapped the previous hearing on House Bill 23-1192, concerning the creation of additional protections in the consumer code. The bill was first heard in the Senate Judiciary Committee on March 22, 2023, and under consideration as a for action only agenda item.
Senator Roberts distributed Amendment L.011 and explained that it strikes a section of the bill (Attachment A). The bill sponsors objected to the amendment. The committee proceeded to vote on the amendment and bill.
|
04:40:22 PM
|
Motion |
Adopt amendment L.011 (Attachment A) |
|
Moved |
Gardner |
|
Seconded |
|
|
|
|
|
Gardner |
Yes |
|
|
Roberts |
Yes |
|
|
Van Winkle |
Yes |
|
|
Rodriguez |
No |
|
|
Gonzales |
No |
|
|
|
YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS |
|
|
04:41:06 PM
|
Motion |
Refer House Bill 23-1192, as amended, to the Committee of the Whole. |
|
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 |
|
|
HB23-1013 - Referred to Senate Appropriations
|
|
|
04:42:14 PM |
Senator Rodriguez and Fields, co-prime sponsors, presented House Bill 23-1013, concerning measures to regulate the use of restrictive practices on individuals in correctional facilities. They noted the bill was recommended by the Legislative Oversight Committee Concerning the Treatment of Behavioral Health Disorders in the Criminal and Juvenile Justice System.
|
|
04:45:35 PM |
Jack Johnson, representing Disability Law Colorado, testified in support of the bill.
Bridget Anshus, representing Mental Health Colorado, testified in support of the bill.
Ms. Adrienne Sanchez, representing Colorado Department of Corrections, was available to answer committee questions.
|
|
04:55:05 PM |
The bill sponsors made closing comments.
|
04:58:02 PM
|
Motion |
Refer House Bill 23-1013 to the Committee on Appropriations. |
|
Moved |
Rodriguez |
|
Seconded |
|
|
|
|
|
Gardner |
Yes |
|
|
Roberts |
Excused |
|
|
Van Winkle |
Yes |
|
|
Rodriguez |
Yes |
|
|
Gonzales |
Yes |
|
|
Final |
YES: 4 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS |
|
|
HB23-1301 - Amended, referred to the Committee of the Whole - Consent Calendar
|
|
|
04:58:20 PM |
Senator Gardner, bill sponsor, presented House Bill 23-1301, the revisor's bill.
Senator Gardner distributed Amendment L.001 and explained it was a technical amendment (Attachment B).
|
05:01:58 PM
|
Motion |
Adopt amendment L.001 (Attachment B) |
|
Moved |
Gardner |
|
Seconded |
|
|
|
|
|
Gardner |
|
|
|
Roberts |
Excused |
|
|
Van Winkle |
|
|
|
Rodriguez |
|
|
|
Gonzales |
|
|
|
|
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection |
|
|
05:03:03 PM
|
Motion |
Refer House Bill 23-1301, as amended, to the Committee of the Whole and with a recommendation that it be placed on the consent calendar. |
|
Moved |
Gardner |
|
Seconded |
|
|
|
|
|
Gardner |
Yes |
|
|
Roberts |
Excused |
|
|
Van Winkle |
Yes |
|
|
Rodriguez |
Yes |
|
|
Gonzales |
Yes |
|
|
Final |
YES: 4 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS |
|
|
HB23-1138 - Referred to Senate Appropriations
|
|
|
05:03:19 PM |
Senator Rodriguez presented House Bill 23-1138, concerning procedures related to adult competency proceedings. He explained that the bill allows a district attorney, a medical professional, a representative of the Behavioral Health Administration, or a representative from the Office of Civil and Forensic Mental Health to initiate a proceeding for a certification for short-term treatment.
|
|
05:05:34 PM |
Director of the Colorado Department of Human Services' Office of Civil and Forensic Mental Health Leora Joseph, 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.
Timothy Lane, representing Colorado District Attorneys' Council, testified in support of the bill.
Dr. Vincent Atchity, representing Mental Health Colorado, testified in support of the bill.
Committee members discussed the history of competency proceedings in Colorado.
|
|
05:17:25 PM |
The bill sponsor and committee members made closing comments.
|
05:19:22 PM
|
Motion |
Refer House Bill 23-1138 to the Committee on Appropriations. |
|
Moved |
Rodriguez |
|
Seconded |
|
|
|
|
|
Gardner |
Yes |
|
|
Roberts |
Excused |
|
|
Van Winkle |
No |
|
|
Rodriguez |
Yes |
|
|
Gonzales |
Yes |
|
|
Final |
YES: 3 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS |
|
|
HB23-1086 - Referred to Senate Appropriations
|
|
|
05:19:51 PM |
Senators Baisley and Winter, co-prime sponsors, presented House Bill 23-1086, concerning enactment of the "Due Process Asset Forfeiture Act." They explained the bill updates the information included in the Department of Local Affairs’ civil asset forfeiture report.
Committee members asked questions about civil asset forfeiture and local law enforcement agencies.
|
|
05:31:24 PM |
The bill sponsors made closing comments.
|
05:31:59 PM
|
Motion |
Refer House Bill 23-1086 to the Committee on Appropriations. |
|
Moved |
Rodriguez |
|
Seconded |
|
|
|
|
|
Gardner |
Yes |
|
|
Roberts |
Yes |
|
|
Van Winkle |
Yes |
|
|
Rodriguez |
Yes |
|
|
Gonzales |
Yes |
|
|
Final |
YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS |
|
|
HB23-1199 - Amended, referred to Senate Appropriations
|
|
|
05:32:22 PM |
Senator Winter, bill sponsor, presented House Bill 23-1199, concerning measures to provide additional access to services for victims of sexual assault.
The committee discussed rape test kits and tracking systems.
|
|
05:34:16 PM |
Elizabeth Newman, representing Colorado Coalition Against Sexual Assault, testified in support of the bill.
|
|
05:37:55 PM |
Written testimony submitted about the bill may be found in Attachment C.
|
|
05:39:04 PM |
Senator Winter distributed Amendment L.004 and explained it was technical in nature (Attachment D).
|
05:39:19 PM
|
Motion |
Adopt amendment L.004 (Attachment D) |
|
Moved |
Rodriguez |
|
Seconded |
|
|
|
|
|
Gardner |
|
|
|
Roberts |
|
|
|
Van Winkle |
|
|
|
Rodriguez |
|
|
|
Gonzales |
|
|
|
|
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection |
|
|
|
05:39:36 PM |
Senator Winter distributed Amendment L.005 and explained it was about making the rape test kit tracking process more efficienct (Attachment E).
|
05:39:54 PM
|
Motion |
Adopt amendment L.005 (Attachment E) |
|
Moved |
Rodriguez |
|
Seconded |
|
|
|
|
|
Gardner |
|
|
|
Roberts |
|
|
|
Van Winkle |
|
|
|
Rodriguez |
|
|
|
Gonzales |
|
|
|
|
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection |
|
|
|
05:40:15 PM |
The bill sponsor and committee members made closing remarks.
|
05:44:04 PM
|
Motion |
Refer House Bill 23-1199, as amended, to the Committee on Appropriations. |
|
Moved |
Rodriguez |
|
Seconded |
|
|
|
|
|
Gardner |
Yes |
|
|
Roberts |
Yes |
|
|
Van Winkle |
Excused |
|
|
Rodriguez |
Yes |
|
|
Gonzales |
Yes |
|
|
Final |
YES: 4 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS |
|
|
HB23-1258 - Lay Over
|
|
|
05:44:22 PM |
Senator Cutter, bill sponsor, presented House Bill 23-1199, concerning creating a task force to study the costs associated with drug crime enforcement.
|
|
05:48:33 PM |
Chief James Baird, representing Colorado Association of the Chiefs of Police - Breckenridge Police Department, testified in opposition to the bill.
Committee members asked questions about the data points proposed in the related study.
|
|
05:56:00 PM |
The bill was laid over until a later date.
|
HB23-1133 - Referred to Senate Appropriations
|
|
|
05:59:18 PM |
Senator Gonzales and Rodriguez, co-prime sponsors, presented House Bill 23-1133, concerning the cost of communications services for person in custody. The bill sponsors discussed that the bill requires the state to cover free phone calls in the Department of Corrections facilitieis.
|
|
06:03:08 PM |
Lydia Waligorski, representing Clayton Early Learning, testified in support of the bill.
Natalie Perez, representing themself, testified in support of the bill.
Kayla Frawley, representing ProgressNow Colorado, testified in support of the bill.
|
|
06:10:49 PM |
Janelle Jenkins, representing themself, testified in support of the bill.
Mr. George Davis V, representing themself, testified in support of the bill.
Ms. Adrienne Sanchez, representing Colorado Department of Corrections, was available to answer committee questions.
Written testimony about the bill may be read in Attachment F.
Committee members asked questions about other states that cover inmate communication costs.
|
06:27:19 PM
|
Motion |
Refer House Bill 23-1133 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 |
|
|
06:30:08 PM |
The committee adjourned. |