H_JUD_2016A 03/10/2016 01:40:21 PM Committee Summary
Final
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON JUDICIARY
| Date: | 03/10/2016 |
ATTENDANCE
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| Time: | 01:40 PM to 05:09 PM |
Carver
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*
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Court
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X
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| Place: | HCR 0112 |
Dore
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X
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Foote
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X
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| This Meeting was called to order by |
Lawrence
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X
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| Representative Kagan |
Lundeen
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X
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Melton
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X
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| This Report was prepared by |
Salazar
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X
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| Bo Pogue |
Willett
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X
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Lee
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X
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Kagan
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X
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X = Present, E = Excused, A = Absent, * = Present after roll call
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| Bills Addressed: | Action Taken: | ||
| HB16-1262 HB16-1263 HB16-1264 HB16-1263 HB16-1265 |
Amended, Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole |
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01:40 PM -- HB16-1262
The committee was called to order. A quorum was present. Representative Williams, prime sponsor, presented House Bill 16-1262, concerning measures to improve peace officer hiring, and, in connection therewith, requiring employment waivers as part of the background check process for a person applying for a position as a peace officer who has worked as an officer and giving the Peace Officer Standards and Training (POST) Board the authority to deny certification to an applicant who entered into a deferred agreement. Representative Williams discussed recent events impacting to police-community relations, and actions undertaken by the General Assembly as a result. Representative Williams explained the effect of the bill. Representative Williams responded to questions regarding stakeholder positioning on the bill. The following persons testified regarding HB 16-1262:
01:46 PM -- Mr. Scott Turner and Mr. Cory Amend, representing the Attorney General's Office, made themselves available to respond to questions on the bill. Mr. Turner explained that the Attorney General has not yet taken a position on the bill, and discussed some issues raised about the bill by the POST Board. Discussion ensued regarding a provision in the bill pertaining to POST certification of those with a deferred judgment, and the terms of a deferred judgment and sentence. Mr. Turner responded to questions regarding the General Assembly's prerogative to bar those with deferred judgements from attaining POST certification.
01:53 PM
Chief Michael Phibbs, representing the Colorado Association of Chiefs of Police, testified in support of the bill. Chief Phibbs discussed some concerns his organization has with the bill. Chief Phibbs responded to questions regarding how prospective out-of-state law enforcement hires might be screened for convictions, and the potential impact of the bill on the pool of law enforcement applicants. Chief Phibbs responded to further questions regarding the number of POST appeals that might be applied for under the bill, and the types of law enforcement officers to which the bill should apply.
02:04 PM
Representative Williams responded to questions regarding why certain types of peace officers have been excluded from the scope of HB 16-1262. Discussion ensued on this point.
02:07 PM -- Sheriff Chris Johnson, representing the County Sheriffs of Colorado, testified in support of the bill. Sheriff Johnson discussed some reservations his organization has about the bill, and responded to questions regarding these reservations.
02:12 PM -- Mr. Eugene Downing, representing New Hope Baptist Church, testified in support of the bill. Pastor Downing responded to questions regarding the impact of certain law enforcement-related legislation passed in 2015.
02:14 PM -- Mr. Lewis Koski, representing the Department of Revenue, made himself available to respond to questions.
02:15 PM -- Ms. Meghan Dollar, representing the Colorado Municipal League, testified in support of the bill. Ms. Dollar noted some features in the bill and associated amendments, which her organization supports. Ms. Dollar responded to questions regarding the impact of nondisclosure agreements for prospective law enforcement hires under the bill. Discussion ensued on this point. Chief Phibbs returned to provide clarification on the provisions in the bill concerning nondisclosure agreements.
02:23 PM
Representative Williams explained the effect of amendments L.001 (Attachment A) and L.002 (Attachment B). Representative Williams responded to questions regarding the "rule of seven" scheduling implications of amendment L.001. Ms. Jennifer Anderson, representing the Department of Law, provided input on a provision in the bill.
16HouseJud0310AttachA.pdf 16HouseJud0310AttachB.pdf
| BILL: | HB16-1262 | |
| TIME: | 02:25:56 PM | |
| MOVED: | Court | |
| MOTION: | Adopt amendment L.001 (Attachment A), as amended. The motion passed without objection. | |
| SECONDED: | Melton | |
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VOTE
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Carver
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Court
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Dore
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Foote
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Lawrence
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Lundeen
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Melton
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Salazar
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Willett
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Lee
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Kagan
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | HB16-1262 | |
| TIME: | 02:43:56 PM | |
| MOVED: | Court | |
| MOTION: | Adopt amendment L.002 (Attachment B). The motion passed without objection. | |
| SECONDED: | Melton | |
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VOTE
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Carver
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Court
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Dore
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Foote
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Lawrence
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Lundeen
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Melton
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Salazar
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Willett
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Lee
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Kagan
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | HB16-1262 | |
| TIME: | 02:38:12 PM | |
| MOVED: | Kagan | |
| MOTION: | Amend amendment L.001, page 1, line 10, strike "twenty-three" and substitute "twenty-one"; Page 1, line 18, strike ""twenty"." and substitute ""twenty-one"."; Page 3, line 4, strike "twenty-three" and substitute "twenty-one"; Page 3, line 9, strike "twenty" and substitute "twenty-one"; Page 4, line 10, strike "twenty-three" and substitute "twenty-one"; Page 5, line 27, strike "twenty-three" and substitute "twenty-one"; page 6, line 7, strike ""twenty"." and substitute ""twenty-one"."; Page 7, line 13, strike "twenty-three" and substitute "twenty-one"; Page 7, line 21, strike ""twenty"." and substitute ""twenty-one".". The motion passed without objection. | |
| SECONDED: | Salazar | |
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VOTE
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Carver
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Court
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Dore
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Foote
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Lawrence
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Lundeen
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Melton
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Salazar
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Willett
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Lee
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Kagan
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | HB16-1262 | |
| TIME: | 02:37:25 PM | |
| MOVED: | Kagan | |
| MOTION: | Amend amendment L.001, Page 4, line 18, strike ""twenty"." and substitute ""twenty-one".". The motion passed without objection. | |
| SECONDED: | Court | |
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VOTE
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Carver
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Court
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Dore
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Foote
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Lawrence
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Lundeen
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Melton
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Salazar
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Willett
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Lee
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Kagan
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| BILL: | HB16-1262 | |
| TIME: | 02:36:36 PM | |
| MOVED: | Kagan | |
| MOTION: | Amend amendment L.001, page 9, line 14, strike ""shall"." and substitute ""must".". The motion passed without objection. | |
| SECONDED: | Lee | |
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VOTE
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Carver
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Court
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Dore
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Foote
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Lawrence
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Lundeen
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Melton
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Salazar
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Willett
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Lee
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Kagan
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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02:45 PM
Representative Williams provided closing remarks in support of HB 16-1262. Various committee members provided their positions on the bill.
| BILL: | HB16-1262 | |
| TIME: | 02:46:52 PM | |
| MOVED: | Melton | |
| MOTION: | Refer House Bill 16-1262, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0. | |
| SECONDED: | Salazar | |
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VOTE
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Carver
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Yes
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Court
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Yes
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Dore
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Yes
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Foote
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Yes
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Lawrence
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Yes
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Lundeen
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Yes
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Melton
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Yes
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Salazar
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Yes
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Willett
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Yes
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Lee
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Yes
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Kagan
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Yes
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Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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02:48 PM
The committee recessed.
03:01 PM -- HB16-1263
The committee returned to order.
03:02 PM
The committee recessed.
03:17 PM
The committee returned to order. Representative Williams, prime sponsor, presented House Bill 16-1263, concerning updates to the statutory prohibition on profiling by peace officers. Representative Williams explained the effect of the bill and discussed its need. She also discussed efforts to address the issue of profiling during the 2015 legislative session. Representative Williams discussed a forthcoming amendment to the bill. The following persons testified regarding HB 16-1263:
03:22 PM -- Chief Michael Phibbs, representing the Colorado Association of Chiefs of Police, testified in support of the bill as amended. Chief Phibbs discussed some concerns his organization has with the bill, and noted that these concerns are likely to be addressed through amendment.
03:25 PM -- Ms. Valerie Schlecht, representing the Colorado Cross-Disability Coalition, testified in support of the bill. Ms. Schlecht discussed the impact of profiling on the disability community.
03:27 PM -- Ms. Janet Huffor, representing the El Paso County Sheriff's Department, testified in support of the bill. Ms. Huffor explained that her office supports forthcoming amendments, and discussed some community forums her office has conducted. Ms. Huffor reiterated support for forthcoming amendments.
03:31 PM -- Ms. Jean Fredlund, representing the League of Women Voters, testified in support of HB 16-1263. Ms. Fredlund supported the bill from a civil liberties perspective.
03:33 PM -- Ms. Denise Maes, representing the American Civil Liberties Union, testified in support of the bill. Ms. Maes expressed support for some forthcoming amendments.
03:37 PM
The committee recessed.
03:53 PM
The committee returned to order.
03:54 PM -- HB16-1264
Representative Melton, prime sponsor, presented House Bill 16-1264, concerning prohibiting the use of a chokehold by a peace officer. Representative Melton explained the effect of the bill and discussed its need. Representative Melton also explained the effect of amendment L.001 (Attachment C) and amendment L.002 (Attachment D). Representative Melton responded to questions regarding the difference between "use" and "apply" in reference to a chokehold. Discussion ensued regarding amendment L.002. The following persons testified regarding HB 16-1264:
16HouseJud0310AttachC.pdf 16HouseJud0310AttachD.pdf
04:02 PM -- Ms. Valerie Schlecht, representing the Colorado Cross-Disability Coalition, testified in support of the bill. Ms. Schlecht discussed the frequent use of chokehold on those with disabilities, and a recent event involving the use of a chokehold by law enforcement in Denver.
04:04 PM -- Ms. Jean Fredlund, representing the League of Women Voters, testified in support of the bill.
04:08 PM
Representative Melton explained the effect of amendment L.002. Discussion ensued regarding the potential for conceptually amending amendment L.001.
| BILL: | HB16-1264 | |
| TIME: | 04:08:57 PM | |
| MOVED: | Melton | |
| MOTION: | Adopt amendment L.002 (Attachment D). The motion passed without objection. | |
| SECONDED: | Lee | |
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VOTE
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Carver
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Court
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Dore
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Foote
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Lawrence
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Lundeen
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Melton
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Salazar
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Willett
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Lee
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Kagan
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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04:13 PM
Representative Melton provided closing remarks in support of HB 16-1264.
| BILL: | HB16-1264 | |
| TIME: | 04:14:15 PM | |
| MOVED: | Melton | |
| MOTION: | Refer House Bill 16-1264, as amended, to the Committee of the Whole. The motion passed on a vote of 10-0. | |
| SECONDED: | Lee | |
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VOTE
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Carver
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Yes
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Court
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Yes
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Dore
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Yes
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Foote
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Yes
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Lawrence
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Yes
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Lundeen
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Yes
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Melton
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Yes
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Salazar
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Excused
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Willett
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Yes
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Lee
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Yes
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Kagan
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Yes
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Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS
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04:17 PM -- HB16-1263
The committee returned to considering House Bill 16-1263. Representative Dore explained the effect of amendment L.002 (Attachment E). Representative Williams provided her position on the amendment.
16HouseJud0310AttachE.pdf
| BILL: | HB16-1263 | |
| TIME: | 04:18:55 PM | |
| MOVED: | Dore | |
| MOTION: | Adopt amendment L.002 (Attachment E). The motion passed without objection. | |
| SECONDED: | Lee | |
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VOTE
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Carver
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Court
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Dore
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Foote
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Lawrence
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Lundeen
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Melton
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Salazar
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Willett
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Lee
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Kagan
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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04:20 PM
Representative Dore explained the effect of amendment L.004 (Attachment F). Discussion ensued on the merits of the amendment.
16HouseJud0310AttachF.pdf
| BILL: | HB16-1263 | |
| TIME: | 04:21:06 PM | |
| MOVED: | Dore | |
| MOTION: | Adopt amendment L.004 (Attachment F). The motion passed without objection. | |
| SECONDED: | Melton | |
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VOTE
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Carver
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Court
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Dore
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Foote
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Lawrence
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Lundeen
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Melton
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Salazar
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Willett
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Lee
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Kagan
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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04:24 PM
Discussion ensued regarding the ability for law enforcement to profile members of the public based on age under HB 16-1263, as amended. Representative Williams provided closing remarks in support of the bill.
| BILL: | HB16-1263 | |
| TIME: | 04:27:40 PM | |
| MOVED: | Lee | |
| MOTION: | Refer House Bill 16-1263, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0. | |
| SECONDED: | Melton | |
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VOTE
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|
Carver
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Yes
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Court
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Yes
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Dore
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Yes
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Foote
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Yes
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Lawrence
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Yes
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Lundeen
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Yes
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|
Melton
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Yes
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Salazar
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Yes
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Willett
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Yes
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Lee
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Yes
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Kagan
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Yes
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Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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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 | |
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VOTE
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|
Carver
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|
Court
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Dore
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Foote
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Lawrence
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Lundeen
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|
Melton
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|
Salazar
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|
Willett
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|
Lee
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|
Kagan
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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| 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 | |
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VOTE
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|
Carver
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Court
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Dore
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Foote
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Lawrence
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Lundeen
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|
Melton
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|
Salazar
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Willett
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Lee
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Kagan
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YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
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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 | |
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VOTE
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|
Carver
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Yes
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Court
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Yes
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Dore
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Yes
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|
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Foote
|
Yes
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|
|
Lawrence
|
Yes
|
|
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Lundeen
|
Yes
|
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|
Melton
|
Yes
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Salazar
|
Excused
|
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|
Willett
|
Yes
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|
Lee
|
Yes
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|
Kagan
|
Yes
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Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS
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05:09 PM
The committee adjourned.