S_JUD_2019A 03/13/2019 01:32:53 PM Committee Summary

Senator Lee called the meeting to order.

Senator Gardner protested the meeting due to the weather.  He noted concerns about public participation and safety. 

Senator Lee, sponsor, explained SB 136, concerning an expansion of the pilot program in the Division of Youth Services.  He explained that the pilot program is a trauma responsive facility and referenced the Missouri Youth Services Institute (Attachment A). The bill would extend the current program, as well as create another one in a facility to be determined.  

Senator Lee read into the record two letters in support of the bill.  One was from Rebecca Wallace and Elise Logemann of ACLU (Attachment B), and the other was from Anders Jacobson of Division of Youth Services (Attachment C).

Senator Lee distributed and introduced amendment L. 001 (Attachment D) regarding the continuation date of the pilot program.

Senators Fields and Gardner, co-prime sponors, explained SB19-166, concerning the Peace Officer Standards and Training (POST) Board revoking the certification of a peace officer who is found to have made an untruthful statement. 

Senator Gardner distibuted Amendments L. 003 (Attachment E), L. 004 (Attachment F) and L. 005 (Attachment G). 

Senator Gardner answered questions from the committee about support for the bill by law enforcement.  He stated that some of the concerns law enforcement had about due process are addressed in the amendments.  Discussion followed about the role of local law enforcement entities in hiring and firing and concerns that the bill provides a way to undermine that process.  The bill sponsors emphasized that the bill creates a process for POST revocations only, as well as sets up an administrative process for departments that do not have a neutral fact finder.   

Discussion continued about what happens when a local enforcement authority and POST reach a different conclusion about untruthful statements.  Other topics discussed included internal affairs investigations, information sharing between agencies, and the relationship between POST certification and employment as a law enforcement officer. 

Chief Michael Phibbs, representing the Colorado Association of Chiefs of Police, spoke in support of the bill.  He stressed that the bill addresses critical facts, not small white lies.  He noted the support of Colorado Municipal League and Colorado State Patrol and answered questions from the committee about the narrow scope of the bill.  Discussion followed about the appeals process at POST and decertification. 

Senators Fields and Gardner made closing remarks.  They stressed that the bill prevents law enforcement officers who are fired from securing subsequent jobs in the field.   

Senators Lee and Gardner, co-prime sponsors, explained HB19-1180 correcting the definition of police working horse.  They explained it was a technical change to remove the word "certified". 

Senators Foote and Lundeen, co-prime sponsors, explained HB 1155, concerning adding certain conduct to the definition of sexual contact.  Senator Foote stressed the need to close the gap in sexual contact law.

Amanda Gall, representing the Colorado District Attorneys' Council, spoke in favor of the bill.   She also noted support of the bill from other organizations including the Women's Bar Association and Violence Free Colorado.  Ms. Gall explained that the bill closes a loophole and answered questions about bodily substances.

Maggie Conboy, representing the Denver District Attorney's Office, spoke in support of the bill.  She gave an example of an indecent exposure situation where current law did not apply.

Senator Moreno presented HB19-1039, concerning identity documents for transgender persons.  He explained the importance of having documents that match the gender a person identifies with.  He discussed its application with housing and employment. 

Senator Gonzales read two letters of support into the record.  One was from a former intern of Senator Lee named Jack Teter (Attachment H), and the other from Colorado Organization for Latina Opportunity and Reproductive Rights (Attachment I).

Laura MacWaters, representing herself, spoke in support of the bill.  She discussed how birth certificates that don't match a person's identified gender pose many inconveniences.   

Jenna Clinchard, representing herself as a mother of a transgender child, spoke in support of the bill.  She discussed school documents and how the bill will benefit her daughter.

Jude Clinchard, representing herself as a trangender youth, testified in support of the bill.  She provided a personal example of how the bill will benefit her. 

Ben Waters, representing the LGBTQ Chamber of Commerce, spoke in support of the bill. 

Daniel Ramos, representing One Colorado, testified in favor of the bill.

Letters in support of the bill were requested by Senator Moreno to be included as part of the record (Attachment J).

Senator Moreno distributed and explained amendment  L. 014 (Attachment K), a conforming amendment to ensure requirements align with the Department of Revenue.

Senator Moreno made closing remarks.