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033D93F364197C3087258806007A860B Hearing Summary




PUBLIC
BILL SUMMARY For SB22-023

HOUSE COMMITTEE ON JUDICIARY
Date Mar 15, 2022      
Location Old State Library



SB22-023 - Amended, referred to House Appropriations

04:18:20 PM  

Representative Bacon and Gonzales-Gutierrez, prime sponsors, presented Senate Bill 22-023, concerning prohibiting deceptive tactics during custodial interrogation of a juvenile. Representative Bacon explained the effect of the bill and discussed its need. Representative Gonzales-Gutierrez provided additional input on the bill, and explained the effect of amendments to the bill adopted in the Senate. Discussion ensued regarding the use of deception by the police when interviewing a juvenile to save a person's life, and the type of evidence that would overcome the presumption of admissability under the bill.

04:35:38 PM  

Tristan Gorman, representing the Colorado Criminal Defense Bar, testified in support of SB 22-023. Ms. Gorman responded to questions regarding other states that have passed legislation similar to the bill, and a scenario where the police uses deception with a juvenile to save a person's life. Ms. Gorman responded to questions regarding the types of scenarios where law enforcement would want to use deception with a juvenile.

04:49:37 PM  
Robert Axmacher, representing the Colorado District Attorneys' Council and the Eighth Judicial District, testified in opposition to SB 22-023.

Heidi McCollum, representing the Fifth Judicial District, testified in opposition to the bill.

Del Kleinschmidt, representing the Jefferson County Sheriff's Office, testified in opposition to the bill.

Chris Noeller, representing the Pueblo Police Department and the Colorado Association of Chiefs of Police, testified on the bill from an "amend" position.

Randy McNitt, representing the Lakewood Police Department and the Colorado Association of Chiefs of Police, testified on the bill from an "amend" position.

Mr. Kleinschmidt responded to questions regarding whether a confession was voluntary in a scenario he referenced, and policies at his department for interrogating juveniles. He responded to further questions regarding what would change if SB 22-023 were to pass. Discussion ensued regarding what is to be gained by removing deception as a tool in interrogating juveniles, and the utility of deception when interrogating juveniles. Mr. Noeller responded to questions regarding the presence of a parent as a safeguard during juvenile interrogation.

05:33:36 PM  
Apryl Alexander, representing herself, testified in support of SB 22-023.

James Trainum, representing himself, testified in support of the bill.

Discussion ensued regarding data associated with the use of deception in interrogation. Mr. Trainum responded to questions regarding the Reid Technique for interrogation, and the potential for amending the bill to allow law enforcement agencies to create certain interrogation policies. Dr. Alexander responded to questions regarding overrepresentation of certain demographic groups in custodial interrogations.

05:54:11 PM  

Michael Dougherty, representing himself, made himself available to answer questions on SB 22-023. Mr. Dougherty expressed certain concerns.  He responded to questions regarding the impacts on prosecution of passing the bill, and the definition of "deception" in the bill.

06:05:55 PM  

Amber Doggett, representing herself, testified in support of SB 22-023. Ms. Doggett responded to questions regarding why the police were convinced of their position when they interrogated her. Lorenzo Montoya, representing himself, testified in support of the bill. Jane Fisher-Byrialsen, representing herself, testified in support of the bill. Ms. Fisher-Byrialsen responded to questions regarding her opinion of the bill as-is as compared to amending it to strengthen it.

06:19:11 PM  
Nicole Duncan, representing herself, testified in support of SB 22-023.

Anne-Marie Moyes, representing the Korey Wise Innocence Project, testified in support of the bill.

Joyce Akhahenda, representing the Sam Cary Bar Association, testified in support of the bill.

06:33:41 PM  
Charles Hubbard, representing himself, testified in support of SB 22-023.

Ann Roan, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Roan responded to questions regarding how the bill will be an improvement over a judge's determination that an interrogation is inadmissible as evidence.

06:46:48 PM  

Representative Bacon explained the effect of amendment L.019 (Attachment A). Representative Carver explained the effect of amendment L.020 (Attachment B). Discussion ensued regarding the merits of these amendments.



06:55:03 PM
Motion Adopt amendment L.020
Moved Carver
Seconded Luck
Bacon No
Benavidez No
Bockenfeld Yes
Carver Yes
Daugherty No
Luck Yes
Lynch Yes
Roberts Yes
Woodrow No
Tipper No
Weissman No
YES: 5   NO: 6   EXC: 0   ABS:  0   FINAL ACTION:  FAIL


06:55:28 PM
Motion Adopt amendment L.019
Moved Bacon
Seconded Weissman
Bacon
Benavidez
Bockenfeld
Carver
Daugherty
Luck
Lynch
Roberts
Woodrow
Tipper
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
06:55:30 PM  
Representatives Gonzales-Gutierrez and Bacon provided closing remarks in support of SB 22-023. Various committee members provided their positions on the bill.


07:21:53 PM
Motion Refer Senate Bill 22-023, as amended, to the Committee on Appropriations.
Moved Bacon
Seconded Tipper
Bacon Yes
Benavidez Yes
Bockenfeld No
Carver No
Daugherty Yes
Luck No
Lynch No
Roberts No
Woodrow Yes
Tipper Yes
Weissman Yes
Final YES: 6   NO: 5   EXC: 0   ABS:  0   FINAL ACTION:  PASS






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