CCJRC Weekly Legislative Update

CCJRC 2013 Legislative Update

         Here’s our weekly legislative update.  Several new bills were introduced this week including:

• HB13-1210  (Rep. Kagan) Concerns the appointment of legal counsel during plea negotiations
• HB13-1214  (Rep.Waller)  Concerning classifying some drunk driving offenses as felonies
• HB13-1217  (Rep. Szabo)  Concern parole eligibility for those convicted of vehicular homicide

You can read more on each below.  Click on the title to read the entire bill. Bills are ordered in sequence, starting with Senate Bills (SB).

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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 Judiciary Committee unanimously (5-0) on 1/17.  Will next be heard on Senate Appropriations Committee 2/15 at 8:00 a.m. in SCR 356

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:  Scheduled in the Senate Health & Human Services Committee on 2/14 at 1:30pm in SCR 352

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: HAS BEEN RESCHEDULED.  NOT CALENDARED YET.

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.  Assigned to Senate Judiciary; not yet calendared.

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 Appropriations; referred to House for second reading; not yet calendared.

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: 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.

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: Will be heard in House Judiciary Committee on 2/12 at 1:30pm in Old Supreme Court Chambers

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:  Scheduled before the House Judiciary Committee on 2/12 at 1:30 in the Old Supreme Court
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:  Will be heard in House Judiciary Committee on 2/19 at 1:30pm in HCR 112
HB13-1156 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:  Will be heard in House Judiciary Committee on 2/21 at 1:30pm in HCR 112
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:  Will be heard in House Judiciary Committee on 2/21 at 1:30pm in HCR 112

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: Not yet calendared.

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 DWAI convictions
Status: Assigned to House Judiciary Committee 2/21 1:30 p.m. Room 0112

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, DUI etc.
Status: Assigned to House State, Veterans, & Military Affairs; not yet calendared.