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S_JUD_2024A 02/28/2024 01:39:19 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON JUDICIARY
Date 02/28/2024
Attendance
Gardner X
Mullica X
Van Winkle X
Roberts X
Gonzales X
Time 01:39:19 PM to 03:46:51 PM
Place Old Supreme Court
This Meeting was called to order by Gonzales
This Report was prepared by Juliann Jenson
Hearing Items Action Taken
SB24-120 Referred to Senate Finance
SB24-107 Amended, referred to Senate Appropriations
SB24-145 Amended, referred to the Committee of the Whole - Consent Calendar

SB24-120 - Referred to Senate Finance


01:39:34 PM  

Senator Fields and Gardner, co-prime sponsors, explained Senate Bill 24-120, concerning updates to the "Crime Victim Compensation Act".  Committee members asked questions about administrative costs. 

 

 

 

01:45:11 PM  

Ms. Kate Horn-Murphy, representing Division of Criminal Justice in the Department of Public Safety, testified in support of the bill.

Rhoda Pilmer, representing Assistant District Attorney - 17th Judicial District Attorney's Office, testified in support of the bill.

Courtney Sutton, representing Colorado Organization for Victim Assistance, testified in support of the bill.

Ms. Karol Patch, representing 19th Judicial District, District Attorney's Office, Crime Victim Compensation, testified in support of the bill.

Committee discussion ensued about administrative costs and nonwaivable fees or surcharges. 

02:07:06 PM  

Further discussion followed about the victim compensation funds administrative costs.

 

 

02:10:01 PM  

Ms. Maureen Cain, representing OSPD, testified to amend the bill. She distributed two handouts about fines and fees (Attachments A and B).  

 

 

02:15:33 PM  

Committee discussion ensued about the bill's nonwaivable surcharge placed on criminal actions that result in alternative sentencing.

Senator Gonzales distributed Amendment L.002 to allow for the surcharge to be waived in certain circumstances (Attachment C).

 

 



02:22:16 PM
Motion Adopt amendment L.002 (Attachment C)
Moved Gonzales
Seconded
Gardner No
Mullica No
Van Winkle No
Roberts No
Gonzales Yes
YES: 1   NO: 4   EXC: 0   ABS:  0   FINAL ACTION:  FAIL
02:22:18 PM  

The bill sponsors made clsoing remarks. 



02:24:48 PM
Motion Refer Senate Bill 24-120 to the Committee on Finance.
Moved Gardner
Seconded
Gardner Yes
Mullica Yes
Van Winkle Yes
Roberts Yes
Gonzales Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB24-107 - Amended, referred to Senate Appropriations


02:25:05 PM  

Senator Gardner, prime sponsor, presented Senate Bill 24-107, concerning adding certain crimes to the list of crimes subject to the crime of possession of weapons by previous offenders (POWPO).  He distributed Amendment L.001 that adds theft of a firearm as a POWPO offense (Attachment D).

 

 

02:35:22 PM  

Ms. Maureen Cain, representing OSPD, testified in opposition to the bill. 

Committee discussion followed about the Commission on Criminal and Juvenile Justice (CCJJ) POWPO recommendations, outlined in Senate Bill 21-217. Committee members asked questions about the CCJJ replacement entity, as directed by the Governor's executive order. 

02:43:23 PM  

Lt-Col-Josh Downing, representing Colorado State Patrol, testified in support of the bill.

Others John Feyen, representing County Sheriffs of Colorado, testified in support of the bill.

Chief Noeller, representing Colorado Association of the Chiefs of Police - Pueblo Police Department, testified in support of the bill.

Ms. Heather Morris, representing City of Aurora, testified in support of the bill.

Committee members asked questions about crimes that involve firearms and recidivism rates.  Additional questions were raised about what happens after stolen firearms are recaptured. Committee discussion followed about improper storage and associated charges.

 

03:02:48 PM  

Ms. Eileen McCarron, representing Colorado Ceasefire, testified in support of the bill.

Jeremy Schupbach, representing Colorado Municipal League, testified in support of the bill.

Mr. Doug Trainer, representing City of Colorado Springs, testified in support of the bill.

Mr. Gordon McLaughlin, representing themself, testified in support of the bill.

Written testimony submitted about the bill is compiled in (Attachment E).

Senator Gardner recapped Amendment L.001 (Attachment D).

 



03:15:26 PM
Motion Adopt amendment L.001 (Attachment D)
Moved Gardner
Seconded
Gardner
Mullica
Van Winkle
Roberts
Gonzales
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
03:15:28 PM  

The bill sponsor made closing remarks. 



03:17:14 PM
Motion Refer Senate Bill 24-107, as amended, to the Committee on Appropriations.
Moved Gardner
Seconded
Gardner Yes
Mullica Yes
Van Winkle Yes
Roberts Yes
Gonzales No
Final YES: 4   NO: 1   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB24-145 - Amended, referred to the Committee of the Whole - Consent Calendar

03:17:24 PM  

Senator Gardner presented Senate Bill 24-145, concerning the enactment of the "Uniform Unlawful Restrictions in Land Records Act".  He explained the bill and discussed restricted covenants, among other items. He distributed a Uniform Law Commission fact sheet about land records (Attachment F). 

 

 

03:27:00 PM  

Mr. Richard Brooks, representing Uniform Law Commission, testified to amend the bill.

Mr. Larry Hudson, representing Land Title Association of Colorado, testified in support of the bill.

Upon request by Senator Gardner, Amendments L.001, L.002, L.003, and L.004 were distributed and explained by Mr. Hudson (Attachments G, H, I, J)

 

03:36:35 PM  

Ms. Jane Sternecky, representing Uniform Law Commission, testified in support of the bill.

Written testimony about the bill may be read in Attachment K.

03:39:58 PM  

Senator Gardner recapped Amendment L.001 (Attachment G).



03:40:31 PM
Motion Adopt amendment L.001 (Attachment G)
Moved Gardner
Seconded
Gardner
Mullica
Van Winkle
Roberts
Gonzales
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
03:40:44 PM  

Senator Gardner recapped Amendment L.002 (Attachment H).



03:41:25 PM
Motion Adopt amendment L.002 (Attachment H)
Moved Gardner
Seconded
Gardner
Mullica
Van Winkle
Roberts
Gonzales
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
03:41:43 PM  

Senator Gardner recapped Amendment L.003 (Attachment I).



03:42:17 PM
Motion Adopt amendment L.003 (Attachment I)
Moved Gardner
Seconded
Gardner
Mullica
Van Winkle
Roberts
Gonzales
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
03:42:32 PM  

Senator Gardner recapped Amendment L.004 (Attachment J).



03:43:04 PM
Motion Adopt amendment L.004 (Attachment J)
Moved Gardner
Seconded
Gardner
Mullica
Van Winkle
Roberts
Gonzales
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
03:43:20 PM  

The bill sponsor made closing remarks.

03:45:40 PM  

Committee members made closing remarks.



03:46:39 PM
Motion Refer Senate Bill 24-145, 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
Mullica Yes
Van Winkle Yes
Roberts Yes
Gonzales Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS


03:46:51 PM   The committee adjourned.