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PUBLIC
BILL SUMMARY For HB25-1072

HOUSE COMMITTEE ON JUDICIARY
Date Mar 12, 2025       Location HCR 0107

HB25-1072 - Postponed Indefinitely


01:35:24 PM  
The committee was called to order. A quorum was present. Representatives Caldwell and Bird, prime sponsors, presented House Bill 25-1072, concerning increasing pretrial release requirements for certain criminal defendants accused of committing a violent offense. The bill sponsors explained the effect of the bill and discussed its need, highlighting criminal cases that would be impacted by the bill. Amendment L.001 (Attachment A) was distributed.

Discussion ensued regarding judicial discretion and personal recognizance bonds, as well as the bill's fiscal impact.


Discussion followed regarding the types of crimes impacted.
01:55:11 PM  
Terrance Carroll, representing Sam Cary Bar Association, testified in opposition to the bill. Tristan Gorman, representing Colorado Criminal Defense Bar, testified in opposition to the bill. Anaya Robinson, representing ACLU of Colorado, testified in opposition to the bill. Rebecca Wallace, representing Colorado Freedom Fund, testified in opposition to the bill.

Discussion ensued regarding judicial discretion for granting bond release, and the role of prosecutors in administering the bill. Discussion followed regarding competency issues, and criteria considered by judges when setting bond. Discussion turned to potential statutory conflicts should the bill pass, and the efficacy of cash bail.
02:37:43 PM  
Jake Suffian, representing themself, testified in support of the bill. Chief Brady, representing Colorado Association of the Chiefs of Police, testified in support of the bill. Alex Cabriales, representing themself, testified in support of the bill.
02:51:07 PM  
Deputy Chief Jensen, representing Colorado Association Chiefs of Police - Colorado Springs Police Department, testified in support of the bill. Mr. Cabriales responded to questions regarding loss of life due to pre-trial release.

Committee members asked questions about pretrial release and assessment tools used by judges for bond purposes.
03:07:58 PM  
George Brauchler, representing District Attorney's Office for the 23rd Judicial District, testified in support of the bill. Michael Allen, representing 4th Judicial District Attorney's Office, testified in support of the bill. Mr. Christian Gardner-Wood, representing Boulder County DA’s Office, testified to amend the bill. Brian Mason, representing 17th Judicial District Attorney's Office, testified in support of the bill.

Committee members inquired about the balance between parties in deciding grant pre-trial release, and the status of district attorneys within the organization of government. Discussion followed regarding information sharing among judicial districts, and how HB 25-1072 operates in comparison to existing law. Discussion turned to the position of victims and their families, and the rate at which judges approve the recommendations of district attorneys on personal recognizance bonds. The panel responded to questions regarding how certain processes operate in the initial stages of a criminal case.
04:03:22 PM  
Dr. Eric Nelson, representing National Action Network Colorado, testified in opposition to the bill. Mr. James Karbach, representing Colo. St. Pub. Defender, testified in opposition to the bill. Dr. MICHAEL JONES, representing themself, testified in opposition to the bill.

Committee members asked questions about differences between money bonds and personal recognizance bonds. Discussion ensued regarding certain processes associated with pre-trial release, and the constitutionality of HB 25-1072. Discussion returned to research on bail.
04:29:32 PM  
Mrs. Soledad Diaz, representing Violence Free Colorado, testified in support of the bill. Grant Fevurly, representing Department of Law, testified in support of the bill. Jeremy Schupbach, representing Colorado Municipal League, testified in support of the bill. Mr. Chief-Matthew Packard, representing CDPS/ Colorado State Patrol, testified in support of the bill. Shannon Johnson, representing themself, testified in support of the bill.
04:39:38 PM  

Mr. Tyler Brown, representing County Sheriffs of Colorado, testified in support of the bill. Discussion ensued regarding the pre-trial process from law enforcement's perspective. Augustine Garcia, representing themself, testified in opposition to HB 25-1072.

Written comments about the bill are in Attachment B.

04:48:23 PM  
Representative Caldwell explained the effect of amendment L.001 (Attachment A). Representative Caldwell responded to questions regarding the genesis of the amendment.

04:49:48 PM
Motion Adopt amendment L.001 (Attachment A)
Moved Caldwell
Seconded Carter
Armagost
Bacon
Caldwell
Clifford
Espenoza
Garcia
Keltie
Soper
Zokaie
Carter
Mabrey
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
04:49:50 PM  
Representatives Caldwell and Bird provided closing remarks in support of HB 25-1072. Various committee members provided their positions on the bill.

05:28:41 PM
Motion Refer House Bill 25-1072, as amended, to the Committee of the Whole.
Moved Caldwell
Seconded Clifford
Armagost Yes
Bacon No
Caldwell Yes
Clifford No
Espenoza No
Garcia No
Keltie Yes
Soper Yes
Zokaie No
Carter No
Mabrey No
YES: 4   NO: 7   EXC: 0   ABS:  0   FINAL ACTION:  FAIL

05:29:13 PM
Motion Postpone House Bill 25-1072 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely.
Moved Carter
Seconded Espenoza
Armagost No
Bacon Yes
Caldwell No
Clifford Yes
Espenoza Yes
Garcia Yes
Keltie No
Soper No
Zokaie Yes
Carter Yes
Mabrey Yes
Final YES: 7   NO: 4   EXC: 0   ABS:  0   FINAL ACTION:  PASS