H_JUD_2020A 03/05/2020 02:04:32 PM Committee Summary

Representative Soper, sponsor, presented House Bill 20-1287, concerning enforcement of Colorado constitutional rights in Colorado state courts. The bill allows a person to bring a civil cause of action in Coorado state court against a state employee who infringes upon that person's rights, privileges, or immunities under the Colorado Constitution.  The bill would eliminate qualified immunity as a defense to a civil action. Representative Soper moved that the bill be postponed indefinitely, and explained why he would like the bill to be postponed indefinitely. Representative Carver seconded his motion. Committee discussion ensued.

The committee recessed.

Representative Weissman discussed the motion from Representative Soper, and explained that the committee would not vote on the motion under House Rule 25 (j) (F). Because the chair did not put the motion, the motion is not subject to debate by the committee. Representative Weissman stated that witness testimony will continue as planned, and the committee will consider the motion once testimony has concluded.

Denise Maes, representing the American Civil Liberties Union (ACLU), testified in support of the bill and distributed a list of supporters of the bill (Attachment A).

Phoebe Blessing, ACLU, testified in support of the bill.

Alan Chen, ACLU, testified in support of the bill. The three person panel responded to questions from the committee regarding qualified immunity in lawsuits against the government.

Jay Schweikert, Cato Institute, testified in support of the bill and distributed a memorandum regarding civil rights and civil liability (Attachment B). He discussed qualified immunity.

Darold Killmer, representing the Lawyers Civil Rights Coalition, testified in support of the bill.

David Kopel, representing Independence Institute, testified in support of the bill.

The panel responded to questions from the committee.

Mike Donnely, Homeschool Legal Defense Association and ParentalRights.org, testified in support of the bill and distributed a copy of his testimony to the committee (Attachment C).

Jarvis and Crystal Bryant, representing themselves, testified in support of the bill and distributed a recent article outlining their story (Attachment D). Ms. Bryant read testimony from a person who was not able to attend the hearing (Attachment E).

Heather Thompson, representing the Colorado Coalition to Protect Children and Family Rights, testified in support of the bill.

The panel responded to questions from the committee.

Elizabeth Epps, representing the Colorado Freedom Fund, testified in support of the bill and read into the record testimony from Dr. Apryl Alexander (Attachment F). Ms. Epps also distribtued information regarding the bill (Attachment G). Tristan Gorman, representing Colorado Criminal Defense Bar, testified in support of the bill. Jamie Ray, representing the Second Chance Center, testified in support of the bill. Errol Flynn, representing It Takes a Village, testified in support of the bill.

Erica Grossman, representing herself, testified in favor of the bill. She spoke on behalf of an immigrant family.

Nguot Reat, representing himself, spoke in favor of the bill.

Anna Holland Edwards, representing herself, spoke in support of the bill.

Committee members commended the panel.

Mari Newman, representing One Colorado and Colorado LGBT Bar Association and CTLA, testified in support of the bill.

Arash Jahanian, representing Meyer Law Office, testified in favor of the measure.

Raquel Lane, representing Colorado Immigrant Rights Coalition, spoke in support of the bill.

Committee members asked questions about costs for attorney fees, damages, and awards.

Valerie Schlecht, representing Colorado Cross Disability Coalition, testified in support of the bill.

Kristin Ladd, representing the Colorado Juvenile Defender Center, testified in favor of the measure.

Meghan Baker, representing Disability Law Colorado, testified in support of the bill.

The panel responded to questions from the committee.

Jerry Burton, representing Denver Homeless Out Loud, testified in support of the bill. Andy McNulty, Mr. Burton's lawyer, testified in support of the bill. Eva Frickle, representing Indivisible Colorado, testified in support of the bill. The panel responded to questions from the committee.

Jesse Parris, representing the Denver Homeless Out Fund, testified in support of the bill.

Sophia San Miguel, representing herself, testified in support of the bill.

Zack Pruitt, representing the Alliance Defending Freedom, testified in support of the bill. Tom Kelly, representing the Colorado Press Association and the Colorado Freedom of Information Coalition, testified in support of the bill. Rebecca Wallace, representing the ACLU of Colorado, testified in support of the bill. Mark Silverstein, representing the ACLU of Colorado, testified in support of the bill. The panel responded to questions from the committee.

Julie Westendorff, representing La Plata County, testified in opposition to the bill.

David Broadwell, representing the Colorado Municipal League, testified in opposition to the bill.

David Hughes, representing Boulder County, testified in opposition to the measure.

The panel responded to questions from the committee.

Richard Orf, representing the Associated Governments of Northwest Colorado, testified in opposition to the bill. Evan Goulding, representing the Special District Association of Colorado, testified in opposition to the bill. Kristen Crawford, representing the Denver City Attorney's Office, submitted testimony in opposition to the committee (Attachment H). The panel responded to questions from the committee regarding the Colorado Governmental Immunity Act and how that act would operate within this measure.

Representative Soper renewed his motion to postpone the bill indefinitely and made comments regarding the bill. The motion was seconded by Representative Carver.

Katie Reudebusch, Legislative Council Staff, responded to questions from the committee regarding the fiscal impact of the bill.

Representative Weissman explained that the committee will address the motion to postpone the bill indefinitely. Committee discussion ensued.

The committee recessed.

The committee came back to order.  Representative Soper and Representative Michaelson Jenet, co-prime sponsors, presented House Bill 20-1296, concerning changing the statute of limitations applicable to civil actions alleging sexual misconduct for which the statute of limitations has not yet run as of January 1, 2021.

Michael Plachy, representing the Colorado Catholic Church, testified in opposition to the bill. Mr. Plachy responded to questions from the committee.

Bridie Farrell, representing America Loves Kids, testified in a neutral position on the the bill. Ted Trimpa, representing the Victim's Policy Institute, testified in a neutral position on the bill and distributed a memorandum regarding the constitutional analysis of the rehabilitation of termed civil claims involving the sexual abuse of a minor (Attachment I). Sophia San Miguel, representing herself, testified in a neutral position on the bill. The panel responded to questions from the committee regarding the look back window in sexual assualt cases.

Pamela Maass, representing herself, testified in support of the bill and discussed the language of the bill. Raana Simmons, Colorado Coalition Against Sexual Assault, testified in support of the bill and distributed a statement of support to the committee (Attachment J). Jean McAllister, representing herself, testified in support of the bill. The panel responded to questions from the committee.

Caroline Yates, representing the Blue Bench, testified in support of the bill. Tammy Carpenter, representing herself, testified in support of the bill. Kristian Roggendorf, representing himself, testified in support of the bill and distributed an amicus brief filed in the Ninth Circuit Court of Appeals (Attachment K). Mr. Roggendoerf also read the supportive testimony of Steven Berkowitz into the record.

Sue Ricker, representing the Colorado Council of Churches, testified in support of the bill.



Monica Holcomb, representing herself, testified in support of the bill.



Maralee McLean, representing herself, testified in support of the bill and distributed an article (Attachment L).

Suzy Shutts, representing herself, testified in support of the bill.



Patricia Eagle, representing herself, testified in support of the bill.



Megan Augustine, representing herself, testified in support of the bill and distributed CBI report (Attachment M)  

Jackie Aamodt, representing the Blue Bench, testified in support of the bill.

Hannah McClure, representing herself, testified in support of the bill.

Hailey Shea McMoore, representing herself, testified in support of the bill.

Dr. Ann Marie Woodward, representing the American College of Obstetricians and Gynecologists, testified in support of the bill and distributed her curriculum vitae to the committee (Attachment N). Beth Farrier, representing herself, testified in support of the bill. Heidi Thomas, representing herself, testified in support of the bill.

Luke Schmaltz, representing Survivors Network of those Abused by Priests (SNAP), testified in support of the bill.



Susan Leighnor, representing herself, testified in support of the bill and distributed her testimony to the committee (Attachment O).



Jeb Berrett, representing SNAP, testified in support of the bill and distribtued a copy of his testimony to the committtee (Attachment P).

Jordan Smith, representing...., testified in support of the bill.

Jenny Stith, representing the WINGS Foundation, testified in support of the bill and submited written testimony to the committee Attachment Q).

 

Representatives Soper and Michaelson Jenet made concluding comments regarding the bill, and committee discussion ensued.

Representatives Soper and Michaelson Jenet, co-prime sponsors, presented Senate Bill 20-085, concerning a requirement that a sex offender being placed in a community corrections program meet certain requirements for a sex offender being released on parole. The bill clarifies that a sex offender will not be placed in community corrections unless the offender has successfully progressed in treatment and would not pose and undue threat to the community if under appropriate treatment and monitoring. The bill sponsors distribtuied two fact sheets about sex offender treatment in the state (Attachments R and S).

Amanda Gall, Colorado District Attorneys' Council (CDAC), read a statement from District Attorney Michael Daugherty and testified on behalf of the CDAC in support of the bill. Ms. Gall responded to questions from the committee.

Representative Herod distributed and explained Amendment L.003 (Attachment T). Committee discussion regarding the amendment ensued. Ms. Gall returned to the table to speak to the amendment.

The bill sponsors made concluding comments on the bill, and committee discussion ensued.