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FE920AACBD2E3FF987258948007C725E Hearing Summary




PUBLIC
BILL SUMMARY For HB23-1042

HOUSE COMMITTEE ON JUDICIARY
Date Jan 31, 2023      
Location HCR 0112



HB23-1042 - Amended, referred to House Appropriations

03:39:21 PM  
The committee recessed.
03:45:46 PM  

The committee returned to order. Representatives Bacon and Sharbini, prime sponsors, presented House Bill 23-1042, concerning narrowing the admissibility standards for juvenile statements to protect the voluntariness of such statements. Representative Bacon explained the effect of the bill and discussed its need. Committee members received a handout supporting the bill (Attachment F). Representative Sharbini provided additional input on the merits of the bill. Discussion ensued regarding a number of forthcoming amendments. Representative Sharbini discussed training for police officers under the bill.

04:05:37 PM  

Tristan Gorman, representing Colorado Criminal Defense Bar, testified in support of the bill. Sharon Battle, representing herself, testified in support of the bill. James Trainum, representing himself, testified in support of the bill. Ms. Gorman responded to questions regarding why the issues addressed by HB 23-1042 having been acted on earlier, and amending state law to address the issues rather than establishing model policies for police departments to follow. Mr. Trainum responded to questions regarding the emotional and psychological development of youth. Ms. Gorman responded to questions regarding charging juveniles as adults in Colorado, and the admissibility of certain statements under the bill. Ms. Gorman responded to further questions regarding due process under the bill.

04:28:52 PM  
Jeanne Segil, representing Korey Wise Innocence Project, testified in support of the bill.

Ashok Vasan, representing himself, testified in support of the bill.

Devin Morris Jr, representing himself, testified in support of the bill. Discussion ensued regarding examples of law enforcement lying to youth and the results, and thoughts regarding youth and police interactions. Ms. Segil responded to questions regarding educational efforts undertaken by the Korey Wise Innocence Project.

04:43:47 PM  

Chief Ed Brady, representing Colorado Association of the Chiefs of Police, testified in opposition to the bill. Jeremiah Boies, representing Colorado Association of Chiefs of Police, testified in opposition to the bill. Michael St. Charles, representing the El Paso County Sheriff's Office, testified in opposition to the bill. Sheriff Darren Weekly, representing County Sheriffs of Colorado, testified in opposition to the bill. Sheriff Weekly and Mr. Boies responded to questions regarding how law enforcement might gain an admission from a juvenile. Discussion ensued regarding police department policies pertaining to lying to juveniles, and techniques for interrogating juveniles. Discussion followed regarding the overturning of youth criminal cases based on deceptive practices on the part of law enforcement. Discussion ensued regarding the effect of certain provisions of the bill, and training for forensic investigators by law enforcement. Mr. Boies responded to questions regarding the need for probable cause before law enforcement can interrogate an alleged perpetrator of a crime. Discussion returned to the rate at which cases against youth are overturned when law enforcement uses deceptive practices.

05:28:49 PM  
Mark Fallon, representing himself, testified in support of the bill.

David Thompson, representing himself, testified in support of the bill. Mr. Thompson responded to questions regarding the age at which people cognitively process interrogation.

05:38:46 PM  
Amelia Power, representing herself, testified in support of the bill.

Lindsay Saunders-Velez, representing Colorado Justice Advocacy Network, testified in support of the bill.

Amber Doggett, representing herself, testified in support of the bill.

Lorenzo Montoya, representing himself, testified in support of the bill.

Ms. Doggett responded to questions regarding how being subjected to deceitful interrogations by the police and subsequently being separated from her family impacted her life. Mr. Montoya responded to questions regarding his experiences with being interrogated by law enforcement. Ms. Power responded to questions regarding why Miranda rights don't resolve the issues being addressed by HB 23-1042.

06:01:01 PM  
Vallerie Bustamante, representing Stand for Children, testified in support of the bill.

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

Portia Prescott, representing Rocky Mountain NAACP Colorado-Montana-Wyoming State Conference, testified in support of the bill.

Mr. Tom Pipal, representing himself, testified in support of the bill.

Dr. Neil responded to questions regarding good reasons for law enforcement to lie to a child.

06:18:06 PM  

Representative Bacon explained the effect of amendment L.002 (Attachment G). Representative Bacon responded to questions regarding the intent of the amendment. Dawn Fritz, representing Colorado Parent Teacher Association, testified in support of the bill. Representative Woodrow discussed the merits of amendment L.002. Representative Soper explained his objection to the amendment.



06:28:03 PM
Motion Adopt amendment L.002
Moved Bacon
Seconded Woodrow
Armagost No
Daugherty Yes
Epps Yes
Evans Excused
Garcia Yes
Luck No
Marshall Yes
Sharbini Yes
Snyder Yes
Soper No
Woodrow Yes
Bacon Yes
Weissman Yes
YES: 9   NO: 3   EXC: 1   ABS:  0   FINAL ACTION:  PASS
06:28:46 PM  

Representative Bacon explained the effect of amendment L.003 (Attachment H). Representative Bacon responded to questions regarding the phrase "or belief" in the amendment. Representative Sharbini provided additional input on this issue. Representative Bacon responded to questions regarding what constitutes "untruthful" in the context of the amendment.



06:31:44 PM
Motion Adopt amendment L.003
Moved Bacon
Seconded Woodrow
Armagost
Daugherty
Epps
Evans
Garcia
Luck
Marshall
Sharbini
Snyder
Soper
Woodrow
Bacon
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
06:31:48 PM  

Representatives Sharbini and Bacon provided closing remarks in support of HB 23-1042. Various committee members provided their positions on the bill.  Submitted public comments for January 31 are under Attachment I.



06:51:27 PM
Motion Refer House Bill 23-1042, as amended, to the Committee on Appropriations.
Moved Bacon
Seconded Sharbini
Armagost No
Daugherty Yes
Epps Yes
Evans No
Garcia Yes
Luck No
Marshall Yes
Sharbini Yes
Snyder Yes
Soper No
Woodrow Yes
Bacon Yes
Weissman Yes
Final YES: 9   NO: 4   EXC: 0   ABS:  0   FINAL ACTION:  PASS






The effective date for bills enacted without a safety clause is August 7, 2024, if the General Assembly adjourns sine die on May 8, 2024, unless otherwise specified. Details