h_jud_2016a_2016-04-05t13:36:46z4 Hearing Summary

Date: 04/05/2016

06:45 PM -- SB16-132



Representative Foote, prime sponsor, presented Senate Bill 16-132, concerning clarifying that test results relating to certain DUI offenses are not public information. Committee members received copies of an example of a blood alcohol test report (Attachment J). Representative Foote explained the effect of the bill and discussed its need. Representative Foote responded to questions regarding who would want the information to be redacted under the bill. The following persons testified regarding SB 16-132:



16HouseJud0405AttachJ.pdf



07:00 PM -- Mr. Jeff Groff and Ms. Ann Hause, representing the Department of Public Health and Environment (CDPHE), testified in support of the bill. Ms. Hause further explained the effect of the bill, and explained how the department determines what information is subject to disclosure under the Colorado Open Records Act (CORA). Ms. Hause also provided an overview of the department's program related to alcohol breath testing, and the costs of the program. Ms. Hause responded to questions regarding department cost recoveries associated with fulfilling a CORA request, and potential costs associated with redacting certain information under the bill.





07:11 PM



Ms. Hause responded to questions regarding court cases involving information disclosures associated with the department's blood alcohol testing program, and the grounds for the department to deny certain information. Ms. Hause responded to further questions regarding why the blood alcohol program is housed with CDPHE. Discussion returned to court cases associated with disclosure of blood alcohol test information.





07:21 PM



Discussion ensued regarding the differences between CORA and the Colorado Criminal Justice Records Act, and the ability of a criminal defendant to access records for court purposes. Mr. Groff responded to questions regarding the processing of information in the CDPHE blood alcohol test database by law enforcement and a third party vendor, and how data on potentially faulty breathalyzers might be discovered under the bill.





07:36 PM



Discussion continued regarding the ramifications of the bill with respect to the ability to stage a criminal defense. Mr. Groff provided an overview of the information in Attachment J, and discussed the merits of SB 16-132. Mr. Groff discussed the stakeholder process in crafting the bill.



07:46 PM -- Mr. Tim Bussey, representing the Colorado Criminal Defense Bar, testified in opposition to the bill. Mr. Bussey discussed the impact of the bill on transparency, and the ability of a defendant to stage a defense in a DUI case. Mr. Bussey provided examples of why he might need the information to be redacted under the bill for criminal defense purposes. Mr. Bussey responded to questions regarding the ability to detect corrupted DUI screening data under the bill.



08:02 PM -- Mr. Vince Todd, representing himself, testified in opposition to SB 16-132. Mr. Todd addressed questions raised during earlier testimony, and provided information on some court cases that litigated issues associated with the disclosure of DUI testing information. Mr. Todd discussed potential increases in cost associated with the passage of the bill. Mr. Todd responded to committee questions.





08:18 PM



Representative Foote read the holding of a court case associated with the bill.



08:19 PM -- Mr. Conor Hagerty, representing the Orr Law Firm, testified in opposition to the bill. Mr. Hagerty provided an example of why the information to be redacted under the bill is necessary to stage a DUI criminal defense. Mr. Hagerty responded to questions regarding the ability to access the necessary information through means other than petitioning the CDPHE. Discussion ensued on this point.





08:30 PM



Discussion continued regarding the impact of SB 16-132 on the ability to stage a DUI defense.



08:32 PM -- Mr. Michael Nicoletti, representing CDPHE, testified in support of the bill. Mr. Nicoletti addressed issues raised during earlier testimony. Mr. Nicoletti explained the relationship between CDPHE and the Department of Public Safety for the purposes of the blood alcohol testing program, and discussed efforts to include stakeholders in the crafting of the bill.





08:39 PM



Representative Willett explained the effect of amendment L.004 (Attachment K). Representative Foote provided his position on the amendment. Discussion ensued on the merits of the amendment.



16HouseJud0405AttachK.pdf

09:04 PM



The committee adjourned.