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H_JUD_2021A 04/21/2021 01:40:52 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON JUDICIARY
Date 04/21/2021
Attendance
Bacon X
Benavidez X
Bockenfeld X
Carver X
Daugherty X
Luck X
Lynch X
Roberts X
Woodrow X
Tipper X
Weissman X
Time 01:40:52 PM to 06:00:07 PM
Place Old State Library
This Meeting was called to order by Weissman
This Report was prepared by Bo Pogue
Hearing Items Action Taken
HB21-1250 Amended, referred to House Appropriations

HB21-1250 - Amended, referred to House Appropriations

01:41:57 PM  

The committee was called to order. A quorum was present. Representatives Herod and Gonzales-Gutierrez, prime sponsors, presented House Bill 21-1250, concerning measures to address law enforcement accountability. Representative Herod explained the effect of the bill and discussed its need, and noted the stakeholder process that resulted in the bill. Representative Gonzales-Gutierrez provided additional input on the effect of certain portions of the bill. Representative Herod responded to questions regarding compromises reached during the stakeholder process, and why certain articles are classified as weapons under the bill. Representative Herod responded to further questions regarding changes to law enforcement body camera laws in the bill, and costs associated with these requirements. Discussion ensued regarding when body-worn cameras are required to be used under the bill, and the bill's data-collection requirements. Discussion followed regarding provisions of the bill pertaining to tampering with body-worn cameras.

02:25:02 PM  
Representative Herod responded to questions regarding an expansion of the definition of "contact" by HB 21-1250, and an update on use-of-force standards. Representative Herod responded to questions regarding whistleblower protections in the bill.
02:37:15 PM  
The following persons testified regarding HB 21-1250:

Sarah Schielke, representing the Colorado Criminal Defense Bar, testified in support of the bill.

Mike Honn, representing the Colorado State Patrol, testified on the civil liability portion of the bill.

Rebecca Wallace, representing the ACLU, testified in support of the bill.

Sergeant Honn responded to questions regarding the fiscal impact of the civil liability portion of the bill. Ms. Wallace provided input on the fiscal impact of the bill. Discussion ensued regarding provisions in the bill concerning use of body-worn cameras during welfare checks. Discussion returned to the fiscal impact of the bill. Ms. Wallace responded to questions regarding the use-of-force provisions in the bill. Sergeant Honn responded to questions regarding the number of civil suits faced by the Colorado State Patrol. Discussion followed regarding certain potentially subjective standards in the bill for law enforcement conduct.

03:23:56 PM  

Clif Northam, representing the El Paso County Sheriff's Office, testified in opposition to HB 21-1250. Erin Powers, representing the Arapahoe County Sheriff's Office and County Sheriffs of Colorado, testified on the bill from an "amend" position, expressing concerns with certain provisions in the bill. Meghan Dollar, representing the Colorado Municipal League, testified on the bill from an "amend" position. Ron Sloan, representing the Colorado Association of Chiefs of Police, testified on the bill from an "amend" position. Sean McCauley, representing the Colorado Fraternal Order of Police, testified on the bill from an "amend" position. Ms. Powers responded to questions regarding the potential fiscal impact of the bill's body-worn camera requirements. Discussion ensued regarding the impact of the bill on the Peace Officers Standards and Training process.  Discussion followed regarding the bill's use-of-force provisions.

04:05:47 PM  
Ramsey Headrik, representing Cherry Creek Students for Justice, testified in support of HB 21-1250.

Viviana Montoya, representing Cherry Creek Students for Justice, testified in support of the bill.

Discussion ensued regarding the City of Greenwood Village's actions with respect to previously enacted law enforcement reform legislation.

04:15:42 PM  
Discussion returned to use-of-force provisions in HB 21-1250, and the ability of law enforcement officers to act in self defense under the bill. Discussion ensued regarding which parties participated in the stakeholder process and crafting of the bill, as well as similar previously enacted legislation.
04:41:40 PM  
Jeff Leitner, representing himself, testified in support of HB 21-1250.

Paul Baumann, representing himself, testified in support of the bill.

Misi Ballard, representing herself, testified in support of the bill.

Elisabeth Epps, representing the Colorado Freedom Fund, testified in support of the bill.

04:56:08 PM  
Denise Maes, representing the ACLU, testified in support of HB 21-1250. Ms. Maes responded to questions regarding potential costs associated with civil liability under the bill.
05:02:35 PM  

Representative Gonzales-Gutierrez explained the effect of amendment L.001 (Attachment A).



05:04:24 PM
Motion Adopt amendment L.001
Moved Tipper
Seconded Woodrow
Bacon
Benavidez
Bockenfeld
Carver
Daugherty
Luck
Lynch
Roberts
Woodrow
Tipper
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
05:04:27 PM  

Representative Herod explained the effect of amendment L.012 (Attachment B). Discussion ensued regarding certain language in the amendment pertaining to retaliation.



05:08:02 PM
Motion Adopt amendment L.012
Moved Tipper
Seconded Woodrow
Bacon
Benavidez
Bockenfeld
Carver
Daugherty
Luck
Lynch
Roberts
Woodrow
Tipper
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
05:08:04 PM  

Representative Gonzales-Gutierrez explained the effect of amendment L.016 (Attachment C).



05:09:10 PM
Motion Adopt amendment L.016
Moved Woodrow
Seconded Weissman
Bacon
Benavidez
Bockenfeld
Carver
Daugherty
Luck
Lynch
Roberts
Woodrow
Tipper
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
05:09:14 PM  

Representative Gonzales-Gutierrez explained the effect of amendment L.017 (Attachment D).



05:10:45 PM
Motion Adopt amendment L.017
Moved Tipper
Seconded Woodrow
Bacon
Benavidez
Bockenfeld
Carver
Daugherty
Luck
Lynch
Roberts
Woodrow
Tipper
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
05:10:48 PM  

Representative Herod explained the effect of amendment L.013 (Attachment E).

05:16:21 PM  
Discussion ensued regarding the potential for amending amendment L.013 further along in the legislative process.


05:20:48 PM
Motion Adopt amendment L.013
Moved Woodrow
Seconded Benavidez
Bacon Yes
Benavidez Yes
Bockenfeld No
Carver No
Daugherty Yes
Luck No
Lynch No
Roberts Yes
Woodrow Yes
Tipper No
Weissman Yes
YES: 6   NO: 5   EXC: 0   ABS:  0   FINAL ACTION:  PASS
05:20:50 PM  

Representatives Gonzales-Gutierrez and Herod provided closing remarks in support of HB 21-1250. Various committee members provided their positions on the bill.



05:59:36 PM
Motion Refer House Bill 21-1250, as amended, to the Committee on Appropriations.
Moved Tipper
Seconded Benavidez
Bacon Yes
Benavidez Yes
Bockenfeld No
Carver No
Daugherty Yes
Luck No
Lynch No
Roberts Yes
Woodrow Yes
Tipper Yes
Weissman Yes
Final YES: 7   NO: 4   EXC: 0   ABS:  0   FINAL ACTION:  PASS


06:00:07 PM   The committee adjourned.