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.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.