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Senate Judiciary Committee advances package of criminal‑justice and civil‑procedure bills, adopts amendments
Summary
The Senate Judiciary Committee advanced and passed a slate of bills by voice vote, including measures to allow sealing certain COVID‑19–related eviction records, require limited bail‑bond data reporting, expand penalties for assaulting first responders, and increase stalking penalties; several amendments were adopted and one bill drew stated opposition from the Administrative Office of the Courts (AOC).
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The Senate Judiciary Committee on an afternoon session advanced a series of bills addressing criminal penalties, court procedures and data reporting, adopting amendments on several measures and passing the items by voice votes.
Among the bills approved was Senate Bill 476, a measure to allow eviction records tied to nonpayment of rent caused by the COVID‑19 pandemic to be sealed. Sen. Tucker said the bill now defines “adversely impacted” as a tenant whose failure to pay rent was caused by the coronavirus pandemic, sets the end date for eligibility as 180 days after the governor’s emergency declaration ends, limits the procedure to three uses per person, and clarifies that sealing a court record does not prevent a landlord from enforcing a judgment related to the eviction. The committee adopted the amendment package and passed the bill as amended.
The committee also approved House Bill 1,900 to collect limited bail‑bond data. Sponsor Sen. Hester told members the bill reflects months of effort to collect reporting from courts and other actors and said the Administrative Office of the Courts (AOC) opposes the bill and has proposed amendments. Hester argued that some data already arrives in sentencing orders and that requiring reporting will surface what is and is not available. No recorded roll‑call tally was taken; the committee passed the measure by voice vote.
A technical adoption of uniform fiduciary income‑and‑principal rules (House Bill 16‑93) was presented with testimony from Tony Hilliard, who identified himself as a tax lawyer and explained the measure gives trustees more flexibility in allocating income and principal and requires notice to beneficiaries when trustees change spending rates. The committee approved the uniform‑law adoption by voice vote.
The panel approved a set of criminal‑code changes including Representative Brown’s House Bill 15‑08, which creates new offenses and penalties related to assaults on first responders. The bill defines “first responder” to include law‑enforcement officers, firefighters, emergency medical providers and other emergency personnel; it adds to third‑degree battery language that covers knowingly transferring bodily fluids to a first responder (classified as a class A misdemeanor with a $2,500 fine and a mandatory 30‑day minimum) and establishes aggravated assault against a first responder as a felony when the conduct causes serious physical injury. The sponsor said the change is intended to protect responders who face violent conduct while performing duties.
Other bills on the committee’s agenda that passed included a cleanup clarifying when a prosecution is commenced and removing a redundant DNA‑testing provision (House Bill 16‑70), an amendment and passage of House Bill 17‑24 to expand bases to obtain an order of protection (adding a course‑of‑control and a pattern‑behavior disturbing‑the‑peace standard), an increase in penalties for stalking (House Bill 16‑68), and a cleanup bill removing redundant enhancement language in domestic‑battery statutes (House Bill 16‑69). Several sponsors asked for and received unanimous or voice votes in support.
Committee members adopted a separate amendment (introduced by Sen. Garner) that, among other changes, included coverage for costs related to miscarriage and stillbirth and adjusted agency funding language; the committee also concurred in a House amendment to SB334 and temporarily suspended rules to consider SB706. Throughout the session the committee handled questions about where data resides and whether particular agencies index or report it, and members emphasized the narrow scope of some bills when addressing concerns.
The committee concluded by adjourning until Monday afternoon unless called by the chair. The hearing record reflects voice votes and chair announcements of passage; the transcript does not record roll‑call tallies for the measures.
