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h_jud_2016a_2016-03-10t13:40:21z0 Hearing Summary

Date: 03/10/2016



Final

BILL SUMMARY for HB16-1262



HOUSE COMMITTEE ON JUDICIARY


Votes: View--> Action Taken:
Adopt amendment L.001 (attachment A), as amended.

Adopt amendment L.002 (Attachment B). The motion p

Amend amendment L.001, page 1, line 10, strike "tw

Amend amendment L.001, Page 4, line 18, strike ""t

Amend amendment L.001, page 9, line 14, strike ""s

Refer House Bill 16-1262, as amended, to the Commi
Pass Without Objection

Pass Without Objection

Pass Without Objection



Pass Without Objection

PASS







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.pdf16HouseJud0310AttachA.pdf 16HouseJud0310AttachB.pdf16HouseJud0310AttachB.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
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: HB16-1262
TIME: 02:43:56 PM
MOVED: Court
MOTION: Adopt amendment L.002 (Attachment B). 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




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
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: HB16-1262
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
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: HB16-1262
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
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





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
VOTE
Carver
Yes
Court
Yes
Dore
Yes
Foote
Yes
Lawrence
Yes
Lundeen
Yes
Melton
Yes
Salazar
Yes
Willett
Yes
Lee
Yes
Kagan
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS







02:48 PM



The committee recessed.


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