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E1079DD90BD8800C872587E5007C558C Hearing Summary




PUBLIC
BILL SUMMARY For SB22-023

SENATE COMMITTEE ON JUDICIARY
Date Feb 10, 2022      
Location SCR 352



SB22-023 - Amended, referred to the Committee of the Whole

03:38:07 PM  

The committee recessed. 

The committee reconvened at 3:54 pm. 

Senator Gonzales, sponsor, explained Senate Bill 22-023, concerning prohibiting deceptive tactics during custodial interrogation of a juvenile. 

04:01:45 PM  

Michael Dougherty, District Attorney 20th Judicial District and representing the Colorado District Attorneys' Council, testified in opposition to the bill.  He raised concerns about definitions in the bill.

Senior Deputy DA Robert Axmacher, representing Colorado District Attorneys Council / District Attorney 8th Judicial, testified in opposition to the bill.  He noted that safeguards already exist under Colorado law and also raised concerns about standards of evidence.

Mr. Juan Silva, representing Denver District Attorney’s Office/ Colorado District Attorney’s Council, testified in opposition to the bill. He emphasized that juveniles are already afforded protections.

04:12:30 PM  

Committee members asked questions about the bill's application. 

04:21:10 PM  

Marshall Barry Malloy, representing the Colorado Association of the Chiefs of Police, testified in opposition to the bill. He discussed custodial interrogations and interview standards. 

Commander Del Kleinschmidt, representing Jefferson County Sheriff's Office, testified in opposition to the bill. He discussed permissible police deception and interrogation of a minor.

Detective Dutch Smith, representing the Colorado Association of the Chiefs of Police, testified in opposition to the bill. He raised concerns about hindering investigations.

04:34:24 PM  

Mr. Lorenzo Montoya, representing self, testified in support of the bill.  He shared his story of a wrongfully convicted youth.

04:38:45 PM  

Dr. Saul Kassin, representing self, testified in support of the bill.  He discussed the high representation of juveniles in false confessions. 

Committee members asked questions about juvenile brain development and juvenile vulnerability. 

 

 

04:57:29 PM  

Ms. Jane Fisher-Byrialsen, representing self, testified in support of the bill.  She presented related statistics and discussed ineffective safeguards.

Ms. Anne-Marie Moyes, representing Korey Wise Innocence Project at the University of Colorado Law School, testified in support of the bill.  She referenced cases and related statistics.

05:06:31 PM  

Portia Prescott, representing NAACP State Conference CO/MT/WY, testified in support of the bill.

Mrs Amber Doggett, representing self, testified in support of the bill. She shared a personal story about the power of police over vulnerable youth. 

Mr. David Thompson, representing Wicklander-Zulawski & Associates, testified in support of the bill.

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

05:27:50 PM  

Mr. Martin Tankleff, representing self, testified in support of the bill.

Mr. Michael Juba, representing Hardy & Juba, LLC, testified in support of the bill.

Mr. James Karbach, representing Colorado State Public Defender’s Office, testified in support of the bill.  He discussed procedural issues.

Committee members asked questions about voluntary confessions. 

 

05:43:16 PM  

Mr Michael Neil, representing Colorado Cross-Disability Coalition, testified in support of the bill.

Mr. Elie Zwiebel, representing Colorado Juvenile Defender Center, testified in support of the bill.

05:52:05 PM  

Ms. Ann Roan, representing Colorado Criminal Defense Bar, testified in support of the bill.  She discussed Miranda rights and voluntariness.

 

05:57:50 PM  

Senator Gonazales distributed and presented Amendment L. 002 to align the bill with the Title 19 reorganization (Attachment H).  It also narrows the definition of agent. 



06:00:51 PM
Motion Adopt amendment L.002 (Attachment H)
Moved Gonzales
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
06:01:10 PM  

Senator Gonzales distributed and presented Amendment L. 003 about custodial interrogations (Attachment I). 



06:01:40 PM
Motion Adopt amendment L.003 (Attachment I)
Moved Gonzales
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
06:01:41 PM  

Senator Gonzales distributed and presented Amendment L. 004 that replaces a safety clause with a petition clause (Attachment J). 



06:02:59 PM
Motion Adopt amendment L.004 (Attachment J)
Moved Gonzales
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
06:03:01 PM  

Senator Garder distributed and presented Amendment L. 005 about standards of evidence (Attachment K). 



06:06:11 PM
Motion Adopt amendment L.005 (Attachment K)
Moved Gardner
Seconded
Cooke Yes
Gardner Yes
Rodriguez No
Gonzales No
Lee No
YES: 2   NO: 3   EXC: 0   ABS:  0   FINAL ACTION:  FAIL
06:07:40 PM  

Senator Gardner distributed and presented Amendment L. 010 about voluntary confessions (Attachment L). 



06:13:07 PM
Motion Adopt amendment L.010 (Attachment L)
Moved Gardner
Seconded
Cooke Yes
Gardner Yes
Rodriguez No
Gonzales No
Lee No
YES: 2   NO: 3   EXC: 0   ABS:  0   FINAL ACTION:  FAIL
06:14:16 PM  

Senator Gonzales made closing remarks and noted similar laws in other other states.   



06:15:58 PM
Motion Refer Senate Bill 22-023, as amended, to the Committee of the Whole.
Moved Gonzales
Seconded
Cooke No
Gardner No
Rodriguez Yes
Gonzales Yes
Lee Yes
Final YES: 3   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS






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