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h_jud_2016a_2016-03-10t13:40:21z4 Hearing Summary

Date: 03/10/2016



Final

BILL SUMMARY for HB16-1265



HOUSE COMMITTEE ON JUDICIARY


Votes: View--> Action Taken:
Adopt amendment L.002 (Attachment G), as amended.

Amend amendment L.002, page 1, line 9, strike "err

Refer House Bill 16-1265, as amended, to the Commi
Pass Without Objection

Pass Without Objection

PASS







04:30 PM -- HB16-1265



Representatives Melton and Esgar, prime sponsors, presented House Bill 16-1265, concerning expungement of arrest records based on mistaken identity. Representative Esgar explained the effect of the bill and discussed its need. Representative Melton provided further input on the effect of the bill. Representative Melton responded to questions regarding the frequency with which persons are arrested based on mistaken identity. Representative Melton responded to further questions regarding the effect of the bill. Discussion ensued regarding whether the bill is consistent with methods for expunging arrest records under current law.





04:41 PM



Discussion ensued regarding the filing fee associated with expunging a record under HB 16-1265. Discussion followed regarding the issue of mistaken identity. The following persons testified regarding HB 16-1265:



04:45 PM --
Ms. Angie Layton, representing herself, testified in support of the bill. Ms. Layton explained how police contacts and arrests show up on a Colorado Bureau of Investigation background check, and discussed a family law case she recently defended as an attorney.



04:49 PM --
Sheriff Chris Johnson, representing the Colorado County Sheriffs, testified on the bill. Sheriff Johnson expressed some concerns about the bill. Sheriff Johnson responded to questions regarding the scope of the problem addressed by the bill.





04:53 PM



Representative Melton explained the effect of amendment L.002 (Attachment G). Discussion ensued regarding the definition of "law enforcement agency" in the amendment. Mr. Michael Dohr, Office of Legislative Legal Services, provided input on this definition, and answered questions regarding the definition of "mistaken identity" in amendment L.002.



16HouseJud0310AttachG.pdf16HouseJud0310AttachG.pdf

BILL: HB16-1265
TIME: 04:54:44 PM
MOVED: Melton
MOTION: Adopt amendment L.002 (Attachment G), as amended. The motion passed without objection.
SECONDED: Lee
VOTE
Carver
Court
Dore
Foote
Lawrence
Lundeen
Melton
Salazar
Willett
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection




BILL: HB16-1265
TIME: 05:03:16 PM
MOVED: Court
MOTION: Amend amendment L.002, page 1, line 9, strike "erroneous arrest of a"; line 10, strike "person for a crime as a result of ". The motion passed without objection.
SECONDED: Melton
VOTE
Carver
Court
Dore
Foote
Lawrence
Lundeen
Melton
Salazar
Willett
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





05:06 PM



Representatives Melton and Esgar provided closing remarks in support of HB 16-1265.

BILL: HB16-1265
TIME: 05:07:03 PM
MOVED: Melton
MOTION: Refer House Bill 16-1265, as amended, to the Committee of the Whole. The motion passed on a vote of 10-0.
SECONDED: Lee
VOTE
Carver
Yes
Court
Yes
Dore
Yes
Foote
Yes
Lawrence
Yes
Lundeen
Yes
Melton
Yes
Salazar
Excused
Willett
Yes
Lee
Yes
Kagan
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS







05:09 PM



The committee adjourned.


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