01/26/2018 01:00 PM House JUDICIARY

          HB 216-TRANSFERS FROM DIVIDEND FUND; CRIMES                                                                       
                                                                                                                                
1:01:09 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that the  first order of business would be                                                               
HOUSE BILL NO. 216, "An  Act relating to restitution; relating to                                                               
the office  of victims'  rights; relating  to transfers  from the                                                               
dividend   fund;  creating   the  restorative   justice  account;                                                               
relating to  appropriations from the restorative  justice account                                                               
for services for  and payments to crime  victims, operating costs                                                               
of the  Violent Crimes Compensation Board,  operation of domestic                                                               
violence and sexual assault programs,  mental health services and                                                               
substance  abuse  treatment   for  offenders,  and  incarceration                                                               
costs;  relating  to  delinquent  minors; and  providing  for  an                                                               
effective date."                                                                                                                
                                                                                                                                
CHAIR  CLAMAN  advised  that the  committee  would  continue  its                                                               
discussion on  Amendment 5, and  that his office  had distributed                                                               
the 1/23/18,  Legislative Legal and Research  Services memorandum                                                               
directed  to Representative  Eastman that  discussed some  of the                                                               
issues raised by Amendment 5.                                                                                                   
                                                                                                                                
1:02:08 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN asked Representative Eastman  if he still desired to                                                               
proceed with Amendment 5.                                                                                                       
                                                                                                                                
REPRESENTATIVE EASTMAN answered in the affirmative.                                                                             
                                                                                                                                
1:02:22 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN   commented  that  after  reviewing   the  1/23/18,                                                               
Legislative Legal  and Research Services' memorandum  directed to                                                               
Representative   Eastman,  he   read   the   last  paragraph   to                                                               
essentially say  that if the  committee adopted Amendment  5, the                                                               
committee  would  go  down  a path  that  was  unpredictable  and                                                               
uncertain as to where it would  take the legislature.  He advised                                                               
that he would not be supporting Amendment 5.                                                                                    
                                                                                                                                
1:02:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  related that  he wished that  the members                                                               
had offered more discussion, but  that the language, "if they had                                                               
been eligible"  does not  appear to mean  what "we're  asking the                                                               
department  to do,  because we're  not asking  the department  to                                                               
determine whether  or not they  were, in fact, eligible."   There                                                               
is  a   process  "they   use,  and  they   assume  a   degree  of                                                               
eligibility."   Therefore,  he opined,  perhaps  what "we  really                                                               
want"  the department  to do  is to  assume that  "they had  been                                                               
eligible.    So,  they  are  rendered  ineligible  by  virtue  of                                                               
incarceration  or conviction  and  then there  is an  assumption,                                                               
which there  already is, that  they had  been eligible."   In the                                                               
event  these people  had been  eligible, "would  have changed  to                                                               
something like assuming they had  been eligible."  He opined that                                                               
that would  be more  in line  with what "we're  seeing as  far as                                                               
actual  practice, which  is what  I think  the committee  and the                                                               
legislature is  a practice that  we want  them to continue."   He                                                               
withdrew Amendment 5.                                                                                                           
                                                                                                                                
1:04:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KOPP  thanked the committee for  hearing this bill                                                               
and for its  support in advancing what he believes  is one of the                                                               
most  important  victims'  rights   pieces  of  legislation  this                                                               
session.                                                                                                                        
                                                                                                                                
1:05:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS  moved to report SSHB  216, Version                                                               
30-LS0572\T, Martin, 11/16/17, as  amended, out of committee with                                                               
individual recommendations and the accompanying fiscal notes.                                                                   
                                                                                                                                
REPRESENTATIVE EASTMAN objected.                                                                                                
                                                                                                                                
1:05:37 PM                                                                                                                    
                                                                                                                                
A  roll call  vote  was taken.    Representatives Millett,  Kopp,                                                               
Kreiss-Tomkins,  LeDoux, Eastman,  and Claman  voted in  favor of                                                               
SSHB 216,  as amended.   Therefore, CSSSHB 216(JUD)  was reported                                                               
out of the House Judiciary Standing Committee by a vote of 6-0.