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h_jud_2016a_2016-04-05t13:36:46z1 Hearing Summary

Date: 04/05/2016



Final

BILL SUMMARY for HB16-1348



HOUSE COMMITTEE ON JUDICIARY


Votes: View--> Action Taken:
Adopt amendment L.001 (Attachment F). The motion p PASS







02:04 PM -- HB16-1348



Representative Ryden, prime sponsor, presented House Bill 16-1348, concerning a specific crime of cruelty to law enforcement service animals. Representative Ryden explained the effect of the bill and discussed its need. Discussion ensued regarding the definition of "service animal" in both state and federal law, and what constitutes cruelty to an animal under the bill. Representative Ryden responded to questions regarding the ability to plea bargain a charge of cruelty to a service animal under the bill. Ms. Jane Ritter, Office of Legislative Legal Services, responded to questions regarding the definition of service animal under the bill.





02:19 PM



Ms. Ritter responded to questions regarding the inability to plea bargain a cruelty to a service animal charge under the bill, and potential separation of powers issues associated with this provision. Ms. Ritter responded to questions regarding the crimes covered by HB 16-1348, and a fact pattern that may result in charges under the bill.





02:34 PM



Discussion continued regarding a fact pattern that may result in criminal charges under HB 16-1348. Representative Ryden responded to questions regarding the number of incidents that have taken place involving violence against a police service animal. The following persons testified regarding HB 16-1348:



02:40 PM --
Sergeant Brandon Samuels, representing the Colorado Police K9 Association and the Aurora Police Department, testified in support of the bill. Sgt. Samuels discussed a rise in violence against police dogs, and the circumstances under which police deploy dogs. Sgt. Samuels responded to questions regarding his position on a provision in the bill that criminalizes cruelty to off-duty police dogs, and charges that are usually applied to circumstances where violence is visited upon police service dogs. Sgt. Samuels responded to further questions regarding the intent of the bill, and cases of off-duty police dogs being targeted for violence.





02:52 PM



Sgt. Samuels responded to questions regarding interactions between dogs and defendants when dogs are ordered to subdue the defendant, and the potential deterrent effect of HB 16-1348.



02:58 PM --
Mr. Jeffrey Justice, representing himself, testified in support of the bill. Mr. Justice read the names of dogs that have died in police cars, and spoke in favor of providing protections for police dogs in cars. Mr. Justice responded to questions regarding penalties applied to police officers who were responsible for dogs harmed by being left in cars.



03:01 PM --
Sheriff Chris Johnson, representing the County Sheriffs of Colorado, testified in support of the bill. Sheriff Johnson discussed the excellence of police service dogs, and the need to strengthen penalties for violence against these animals.



03:05 PM --
Mr. Gilbert Abdulla, representing the Adams County Sheriff's Office the Colorado Police K9 Association, testified in support of the bill. Mr. Abdulla discussed the type of deployments that involve police dogs.





03:07 PM



The committee recessed.





03:17 PM



The committee returned to order. Representative Kagan explained the effect of amendment L.001 (Attachment F). Representative Ryden provided her position on the amendment.



16HouseJud0405AttachF.pdf16HouseJud0405AttachF.pdf



03:21 PM



The committee recessed.





03:22 PM



The committee returned to order..

BILL: HB16-1348
TIME: 03:18:33 PM
MOVED: Kagan
MOTION: Adopt amendment L.001 (Attachment F). The motion passed on a vote of 6-5.
SECONDED: Lee
VOTE
Carver
No
Court
Yes
Dore
No
Foote
Yes
Lawrence
No
Lundeen
No
Melton
Yes
Salazar
Yes
Willett
No
Lee
Yes
Kagan
Yes
YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS







03:23 PM



Discussion ensued regarding the potential for amending the bill to address a provision that creates a felony for cruelty to an off-duty police dog, as well as other concerns raised.





03:26 PM



The bill was laid over pending further action.




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