10:23 pm - Sunday September 24, 2017

CCJRC Weekly Legislative Update 3/8/2013

New Bills added this week:

 

HB13-1251 Concerning Collection of a DNA Sample from offenders Convicted of a Misdemeanor

 

HB13-1254 Concerning Restorative Justice

 

 

SB 13-007 Concerning the Repeal Date of the Colorado Commission on Criminal & Juvenile Justice
Sponsors: Senator Morse (D) and Representative Waller (R)
CCJRC position: support
Description: The Colorado Commission on Criminal & Juvenile Justice (CCJJ) has a repeal date of July 1, 2013. This bill would eliminate the repeal date and continue the CCJJ. This bill is based on a recommendation from the CCJJ.
Status: Passed Senate on 2/22;  Will be heard in House Judiciary Committee on  3/14 at 1:30  Rm 0112
SB 13-014 Concerning the Use of Opiate Antagonists to Treat Persons Who Suffer Opiate-Related Drug Overdose Events
Sponsors: Senator Aguilar (D)
CCJRC position: support
Description: This bill would provide immunity from criminal prosecution and immunity from civil liability if a person, acting in good faith, administers an opiate antagonist to another person whom the person believes to be suffering an opiate-related drug overdose. A licensed health-care practitioner who is permitted by law to prescribe or dispense an opiate antagonist shall be immune from criminal prosecution for and is not liable for any civil damages resulting from such prescribing.
Status: Passed the Senate 3/6 ( 26-8-1); Introduced in the House and assigned to Health, Insurance & Environment; not yet calendared
SB 13-123 Concerning Provisions That Improve The Reintegration Opportunities for Persons Involved in the Criminal Justice System
Sponsors: Senator Steadman (D) and Representative Levy (D)
CCJRC position: support-priority
Description: Under current law, drug convictions are eligible for record sealing; this bill extends the eligibility for sealing to most other crimes. Sets specific waiting periods, other eligibility criteria, and procedures. The bill also provides that a pardon issued by the governor waives all collateral consequences, unless the pardon limits the scope.
Status: Assigned to Senate Judiciary; not yet calendared.


SB13-177 Concerning Changes to Juvenile Corrections Programs and, in Connection Reducing the Juvenile Detention Bed Cap
Sponsor: Senators Lambert (R), Hodge (D), Steadman (D); and Representatives Gerou (R), Duran (D) and Levy (D) (Joint Budget Committee Members)
CCJRC position: Support
Description: Reduces the number of available juvenile detention beds statewide from 422 beds to 382 beds as of April 1, 2013.
Status: Passed the Senate 35-0 on 2/22; Passed House Appropriations on 3/8 unanimously; will next be heard by the full House on 2nd reading; not yet calendared.

HB 13-1014 Concerning the Taking of Newspapers
Sponsors: Representative Levy (D) and Senator Steve King (R)
CCJRC position: support
Description: The bill moves the crime of newspaper theft and renames it interference with lawful distribution of newspapers. This bill is based on a recommendation from the Commission on Criminal & Juvenile Justice.
Status: Passed House 64-0 and passed Senate 35-0; signed into law by the Governor on 2/27

HB 13-1038 Concerning the Voting Rights of Individuals in the Custody of the Division of Youth Corrections within the Department of Human Services
Sponsors: Representative Rosenthal (D)
CCJRC position: support
Description: For youths confined in a juvenile facility in the custody of the Division of Youth Corrections (DYC) who will be 18 years of age or older on the date of the next elections, this bill requires the administrator of DYC facilities to provide information and facilitate voter registration and voting by mail-in ballot.
Status: Passed House (36-28-1) on 2/11;  Passed Senate (26-8-1) on 3/6; awaiting action by the Governor

HB 13-1082 Concerning Juvenile Delinquency Records
Sponsors: Representative Labuda (D)
CCJRC position: support
Description: This bill requires the court to initiate expungement proceedings not more than thirty days after a juvenile’s sentence is expired; however, for a juvenile adjudicated as an aggravated juvenile offender or violent juvenile offender or adjudicated for a felony offense of unlawful sexual behavior, the court shall initiate expungement proceedings not more than five years after the sentence is discharged. The bill also limits public access to arrest and criminal records information to those juveniles adjudicated for a class 1 felony or the crime of possession of a handgun by a juvenile.
Status: Scheduled to be heard in House Judiciary Committee on 3/14 at 1:30 in room 0112

HB 13-1085 Concerning Changes to the Crimes Eligible for Possession of Weapons by Previous Offenders
Sponsors: Representative Buck (R) and Senator Renf roe (R)
CCJRC position: support
Description: Under current law, it is a crime for a person convicted of any felony offense to possess a firearm. This bill would limit the prohibition on possessing a firearm to those felony convictions under the victim’s rights act, burglary, arson, or any felony involving the use of force or the use of a deadly weapon.
Status: REMOVED FROM CALENDAR; WILL BE RESCHEDULED
HB 13-1114 Concerning Penalties for Persons Who Drive While Under the Influence of Alcohol or Drugs
Sponsors: Representatives Waller (R) and Fields (D)
CCJRC position: monitor
Description: In a DUI prosecution, if the driver’s blood contains 5 nanograms or more of delta THC per milliliter in blood (based on a blood test), such fact gives rise to a permissible inference that the driver was under the influence. This bill is based on a recommendation from the Colorado Commission on Criminal & Juvenile Justice.
Status: Passed House Judiciary Committee 11-0 on 2/26.  Referred to Appropriations: not yet calendared

HB 13-1129 Concerning Creating the Evidence-Based Practices Implementation for Capacity Resource Center
Sponsors: Representative Pettersen (D) and Senator Newell (D)
CCJRC position: support
Description: This bill creates a resource center in the Division of Criminal Justice to promote evidence-based practices by criminal justice agencies. An advisory board will oversee the resource center which includes, at a minimum, the executive directors of the department of public safety, department of corrections, the department of human services, and the division of probation. The Division of Criminal Justice will report to the General Assembly by July 1, 2014 and every 3 years thereafter. This bill is based on a recommendation by the Colorado Commission on Criminal & Juvenile Justice.

Status: Passed House Judiciary unanimously on 2/19; referred to Appropriations- not yet calendared

HB13-1148 Concerning Changes to Aggravated Sentencing Provisions
Sponsors: Representative Foote (D) and Senator Roberts (R)
CCJRC position: priority support
Description: This bill repeals the extraordinary risk sentencing enhancer. Also adds certain child abuse crimes and stalking crimes to the list of Crime of Violence offenses. This bill is based on a recommendation by the Colorado Commission on Criminal & Juvenile Justice.
Status: Scheduled in House Judiciary Committee on 3/12 upon adjournment;  RM 0112

HB13-1 156 Concerning Creation of an Adult Diversion Program
Sponsors: Rep Levy (D) and Senator Steadman (D)
CCJRC position: priority support
Description: Creates a pre-filing diversion programs for adults statewide. The district attorney is required to develop eligibility guidelines and may enter into a diversion agreement with a defendant for up to two years without filing a criminal case against the defendant. This bill is based on a recommendation by the Colorado Commission on Criminal & Juvenile Justice.
Status: Passed House Judiciary Committee unanimously on 3/5; Scheduled for second reading in the House on 3/8

HB13-1160 Concerning Criminal Theft
Sponsors: Rep Pabon (D) and Senator King (R)
CCJRC position: priority support
Description: This bill repeals theft of rental property and theft by receiving as separate statutes and incorporates these crimes into the theft statute. It also changes the amount for various offense levels. This bill is based on a recommendation by the Colorado Commission on Criminal & Juvenile Justice.
Status: Passed House Judiciary Committee unanimously on 2/21; will next be heard in House Appropriations – not yet calendared
HB13-1210 Concerning Appointment of Legal Counsel During Plea Negotiations for Indigent Adult Defendants
Sponsors: Rep. Kagan (D) and Senator Steadman (D)
CCJRC position: support
Description: This bill will make Colorado law consistent with recent U.S. Supreme Court decisions regarding the right to legal counsel during critical stages, including plea negotiations, this bill repeals the statute that requires an indigent person charged with a misdemeanor, petty offense, or motor vehicle or traffic offense to meet with the prosecuting attorney before legal counsel is appointed.

Status: Scheduled to be heard in House Judiciary Committee on 3/21 at 1:30 in room 0112

HB13-1214 Concerning the Classification of Certain Drunk Driving Offenses as Felonies
Sponsors: Rep. Waller (R)
CCJRC position: Monitor
Description: Under current law, a conviction for DUI, DUI per se, or DWAI is considered a misdemeanor offense. The bill states that such an offense is a class 5 felony if: the violation occurred not more than 7 years after the first of two prior convictions or if the defendant has 3 prior DUI or DW AI convictions
Status: Passed unanimously in House Judiciary Committee on 2/21; will next be heard in Appropriations

HB13-1217 Concerning Parole Eligibility of a Person Convicted of Vehicular Homicide 
Sponsors: Rep. Szabo (R); Rep. Priola (R)
CCJRC position: Oppose
Description: Under current law a person who commits vehicular homicide and is sentenced to prison is eligible for parole after serving 50% of his or her sentence. The bill changes parole eligibility to 75% of the sentence served less earned time awarded if the person is convicted of vehicular homicide and has a serious previous driving offense conviction, including vehicular assault, D UI etc.
Status: Heard in House State, Veterans, & Military Affairs-witness testimony only;  not yet calendared for vote
HB13-1230 Concerning Compensation For Persons Who Are Exonerated of their Crimes After a Period of Incarceration
Sponsors: Rep. Williams (D), Pabon (D), Buckner (D), Court (D), Hullinghorst (D), M elton (D), Pettersen (D), Salazar (D); and Senator Guzman (D)
CCJRC position: Support
Description: With certain limitations, the state shall compensate a person, or the immediate family members of a person, who has been: wrongly convicted of a felony, or wrongly adjudicated a juvenile delinquent for the commission of an offense that would be a felony if committed by a person 18 years of age or older; incarcerated; and exonerated and found to be actually innocent.
Status: Passed in House Judiciary Committee unanimously on 3/7; will next be heard in Appropriations- not yet calendared.

HB13-1236 Best Practices in Bond Setting
Sponsers: Senator Ulibarri (D), and Rep. Levy (D)
CCJRC position: support
Description: The bill repeals and reenacts the provisions of the criminal procedure code related to bail bonds. The new provision places a greater emphasis on evidence-based and individualized decision-making during the bond-setting process and discourages use of monetary conditions for bond. This bill is based on a recommendation by the Colorado Commission on Criminal & Juvenile Justice.
Status:  Scheduled in House Judiciary Committee on 3/12 at 1:30 in room 0112
HB 13-1251 Concerning Collection of a DNA Sample from offenders Convicted of a Misdemeanor

Sponsors:  Representatives Pabon (D) and Foote (D) and Senator Morse (D)

CCJRC position: oppose

Description:  Under current law, only people convicted of a misdemeanor involving unlawful sexual conduct must provide a DNA sample for inclusion in the DNA database at the Colorado Bureau of Investigation. The bill would require collection of a DNA sample from all persons convicted of a class 1, 2, or 3 misdemeanor.

Status: Assigned to House Judiciary Committee- not yet calendared

 

HB13-1254 Concerning Restorative Justice

Sponsors: Representative Lee (D), Senator Newell (D)

CCJRC position: Support

Description: Under current law, restorative justice victim-offender conferences must be initiated by the victim. The bill modifies the requirement of victim initiation in some instances to permit district attorney or offender initiation. There is a restorative justice coordinating council established in the state court administrator’s office; the bill adds: a member of the parole board; a representative from the department of corrections, a representative from a statewide organization representing victims; and a restorative justice practitioner. The bill creates a pilot project for restorative justice programs in 4 judicial districts.

Status: Assigned to House Judiciary-not yet calendared

 

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