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44668335E15628A187258255006D9A5E Hearing Summary


Date Mar 19, 2018      
Location SCR 352

SB18-185 - Referred to the Committee of the Whole

01:57:10 PM  

Senator Smallwood explained SB18-185, concerning the use of deadly physical force against a person who has made an illegal entry into a place of business.  He discussed the history of the bill and emphasized that it adds a place of business to the locations that may be defended using physical force in certain circumstances.  Existing law allows for occupants of a home or dwelling to use deadly force.  He provided examples of being alone and unprotected in a business setting and the bill's applicability.

Senator Smallwood answered question from the committee about determining intent to commit a crime and defining physical force.   The committee discussed the various circumstances in which the bill would apply, and who the bill would target.  Concerns were raised about the deadly force provisions being used more widely against people of color  Discussion followed about the adequacy and application of current law.  Points were raised that the bill is a policy shift regarding immunity and liability. 

02:28:51 PM  

Jean Grattet, representing the League of Women Voters, spoke in opposition to the bill.  She relayed that the bill was over-reaching and expressed concerns about its misapplication.  She also spoke about the bill's immunity provisions.  Discussion followed about similar bills in other states. 

02:37:30 PM  

Steve Schreiner, representing the Firearms Coalition of Colorado, spoke in support of the bill. He distributed a handout in support of business protection laws (Attachment B).  He discussed the application of the "smile test" and answered questions about demographics and race.

02:44:43 PM  

Eileen McCarron, representing Colorado Ceasefire, testifed in opposition to the bill.  She explained the bill's 12 year history in the General Assembly and the reasons it has not passed in previous sessions.  

The committee discussed unlawful entry as the foundation to use deadly force, racial disparity, and applicability in a business scenario. 

02:54:36 PM  

Mary Parker, representing herself, spoke in opposition to the bill.  She explained that she is a business owner who has witnessed many entry mistakes.  She also discussed her issues with the immunity provisions.  She lastly brought up those on the receiving end, the potential for mistakes, and missing the intended target. 


03:04:20 PM  

Senator Smallwood made closing remarks.  He emphasized that the bill simply adds a place of business to the locations that may be defended using deadly physical force and clarified existing law on defending one's home.

03:14:29 PM
Motion Refer Senate Bill 18-185 to the Committee of the Whole.
Moved Cooke
Coram Yes
Fields No
Kagan No
Cooke Yes
Gardner Yes
Final YES: 3   NO: 2   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