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s_jud_2017a_2017-05-01t13:36:40z2 Hearing Summary

Date: 05/01/2017

Location: SCR 352

Final

BILL SUMMARY for HB17-1331



SENATE COMMITTEE ON JUDICIARY


Votes: View--> Action Taken:
Adopt amendment L.002 (Attachment A). The motion p

Adopt amendment L.003 (Attachment B), severed sect

Postpone House Bill 17-1331 indefinitely. The moti
PASS

PASS

PASS







01:45 PM -- HB17-1331



Senator Neville, sponsor, presented House Bill 17-1331, concerning protecting Colorado citizens who are engaged in an act that is protected by the Colorado Constitution from outside agencies. He responded to questions from the committee concerning the effect of the bill. Senator Neville and the committee discussed hypothetical situations to which the bill may apply.





01:55 PM



Senator Neville and the committee continued to discuss the applicability of the bill, including how the bill would apply to actions outside of Colorado, and to actions in Colorado by residents of other states. Discussion continued concerning whether the bill violates the U.S. Constitution.





02:07 PM



Discussion continued between the committee and sponsor concerning remedies for violation under the bill, and the need for the bill.



02:12 PM --
Mr. Scott Turner, representing the Colorado Attorney General's Office, testified in opposition to the bill. Mr. Turner discussed the potential effect of the bill, including the effect on law enforcement agencies. Mr. Turner also discussed the possibility of increased litigation as a result of the bill. Senator Neville and Mr. Turner, in a response to a question, commented on a House amendment to the bill.



02:17 PM --
Director Mike Rankin, Director of the Colorado Bureau of Investigation (CBI) within the Department of Public Safety, testified in opposition to the bill. Dir. Rankin discussed the benefits of agreements with law enforcement agencies in other states, and the effect of the bill on CBI's work with other states' law enforcement agencies. He also discussed the constitutionality of the bill.



Mr. Turner responded to a question from the sponsor concerning arrests in Colorado and the effect of the bill on certain arrests or prosecutions. Dir. Rankin commented on interstate investigations conducted in cooperation with law enforcement agencies in other states.





02:27 PM



Dir. Rankin responded to a question about hypothetical situations to which the bill may apply; Senator Neville commented. Mr. Turner responded to a question concerning the effect of the bill on law enforcement work on interstate investigations and cases. Senator Fields commented on the need for HB 17-1331. In response to a question, Senator Neville discussed governmental overreach. Dir. Rankin commented on the effect of the bill on CBI's work and the need for the bill.





02:37 PM



Dir. Rankin, in response to questions, discussed the authority of CBI agents to enforce federal law. Senator Neville commented.



02:41 PM --
Ms. Cindy Sovine-Miller, representing herself, testified in support of the bill. She discussed the purpose and benefits of the bill. Ms. Sovine-Miller responded to a question concerning confusion that may result if HB 17-1331 is enacted.





02:44 PM



Senator Neville provided closing remarks on the bill.



Senator Kagan discussed a possible amendment to the bill. Senator Gardner distributed amendments L.002 (Attachment A) and L.003 (Attachment B). Senator Gardner explained amendment L.002. Senator Neville commented.



17SenateJud0501AttachA.pdf17SenateJud0501AttachA.pdf 17SenateJud0501AttachB.pdf17SenateJud0501AttachB.pdf

BILL: HB17-1331
TIME: 02:50:56 PM
MOVED: Gardner
MOTION: Adopt amendment L.002 (Attachment A). The motion passed on a vote of 4-1.
SECONDED:
VOTE
Fields
Yes
Holbert
No
Kagan
Yes
Cooke
Yes
Gardner
Yes
YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS





02:51 PM



Senator Gardner explained amendment L.003. Senator Neville commented. At the request of Senator Kagan, amendment L.003 was severed between lines 3 and 4.

BILL: HB17-1331
TIME: 02:53:48 PM
MOVED: Gardner
MOTION: Adopt amendment L.003 (Attachment B), severed section A (lines 1-3). The motion passed on a vote of 3-2.
SECONDED:
VOTE
Fields
Yes
Holbert
No
Kagan
No
Cooke
Yes
Gardner
Yes
YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS





Senator Neville requested that the bill be postponed indefinitely.


BILL: HB17-1331
TIME: 02:57:21 PM
MOVED: Holbert
MOTION: Postpone House Bill 17-1331 indefinitely. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Fields
Yes
Holbert
Yes
Kagan
Yes
Cooke
Yes
Gardner
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS







02:58 PM



The committee recessed.








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