Weekly Legislative Update 2/23/13
CCJRC 2013 Legislative Update
February 22, 2013
Here’s
our weekly legislative update. A couple
of new bills were introduced this week including:
You
can read more on each below. Bills are
ordered in sequence, starting with Senate Bills (SB).
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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 the Senate on 2/22; will next be introduced in the House
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 Health & Human Services Committee (5-1) on 2/14. Scheduled in Senate Appropriations Committee
on 3/1 at 8:00am
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.
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 on 2/22; will
next be introduced in the House
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; awaiting action by Governor
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; introduced in Senate and assigned to
State, Veterans and Military Affairs Committee; not yet calendared for hearing
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: Assigned to House Judiciary
Committee – not yet calendared
HB
13-1085 Concerning Changes to the Crimes Eligible for Possession of Weapons by
Previous Offenders
Sponsors: Representative Buck (R) and
Senator Renfroe (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: Will be heard in House Judiciary
Committee for action only; not yet calendared.
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: Scheduled to be heard in House
Judiciary Committee on 2/26 in Old
Supreme Court Chambers
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
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:
Assigned to House Judiciary Committee; not yet calendared
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:
Assigned to House Judiciary Committee; not yet calendared
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 Appropriations
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: Assigned to House Judiciary
Committee-not yet calendared.
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
DWAI convictions
Status: Passed unanimously in House
Judiciary Committee on 2/21; will next be heard in Appropriations
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, DUI etc.
Status: Will be
heard in House State, Veterans, & Military Affairs on 3/4 at 1:30 in LSB-A
Sponsors: Rep.
Williams (D), Pabon (D), Buckner
(D), Court (D), Hullinghorst (D), Melton (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: Will be heard in House Judiciary
Committee on 3/7 at 1:30 p.m., Room 0112
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: Will be heard in House Judiciary Committee
on 2/28 at 1:30pm in the Old Supreme Court
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