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74B192DBD381923A87258B080077783C Hearing Summary




PUBLIC
BILL SUMMARY For HB24-1460

HOUSE COMMITTEE ON JUDICIARY
Date Apr 23, 2024      
Location Old State Library



HB24-1460 - Amended, referred to the Committee of the Whole

03:44:58 PM  
The committee recessed.
03:58:32 PM  

The committee returned to order. Representatives Herod and Bacon, prime sponsors, presented House Bill 24-1460, concerning measures to strengthen responses to law enforcement misconduct. Representative Herod explained the effect of the bill and discussed its need. Representative Bacon provided additional input on the merits of the bill. Representative Bacon also discussed some forthcoming amendments. Discussion ensued regarding what constitutes "unlawful conduct" under the bill, and how the bill changes existing whistleblower laws. Discussion followed regarding the redacting of names under the bill, and due process issues. Discussion turned to what must be reported under HB 24-1460, and police officer representation under the bill. Discussion returned to due process.  Public comment on HB 24-1460 may be found at Attachment H.

04:49:25 PM  
Alexis King, representing District Attorney for the 1st Judicial District, testified in opposition to the bill.

Michael Allen, representing District Attorney for the 4th Judicial District, testified in opposition to the bill.

Discussion ensued regarding the definition of "reasonably aware" for purposes of HB 24-1460, and the stakeholder process in crafting the bill. Discussion followed regarding what constitutes "unlawful conduct" under the bill, and the potential for district attorneys to change their positions on the bill based on amendments. Discussion turned to due process issues.

05:10:38 PM  
Holland Wriston, representing himself, testified in support of the bill.

Carla Hubbard, representing herself, testified in support of the bill.

Taylor Cookingham, representing themself, testified in support of the bill.

Dr. Lisa Calderon, representing themself, testified in support of the bill.

The committee asked the panelists questions.

05:34:16 PM  

Ms. Sheriff-Tyler Brown, representing County Sheriffs of Colorado, testified in opposition to the bill. Chief Noeller, representing Colorado Association Chiefs of Police - Pueblo Police Department, testified in opposition to the bill. Mr. Sean McCauley, representing Fraternal Order of Police, testified in opposition to the bill. Mr. Stan Hilkey, representing the Colorado Department of Public Safety, testified in opposition to the bill. Director Hilkey responded to questions regarding the redaction process under current law. Discussion ensued regarding whistleblower protections for police officers under state law, and the forthcoming amendments to the bill. Mr. McCauley responded to questions regarding the definition of "unlawful conduct." Discussion followed regarding the process by which HB 24-1460 was created.

06:00:51 PM  
Ms. Mckinzie Rees, representing herself, testified in support of the bill.

Ed McCallin, representing themself, testified in support of the bill.

Samantha Rieber-Huguley, representing herself, testified in support of the bill.

Ms. Rees responded to questions regarding how her situation would have been handled had HB 24-1460 been in place. Discussion ensued regarding this case.

Abby, representing herself, testified in support of HB 24-1460.

Discussion ensued regarding the powers and duties of the attorney general under the bill. Mr. McCallin responded to questions regarding the role of the police union in the whistleblower process. Abby provided additional comments.

06:21:52 PM  

Commissioner Buck, representing Weld County Board of County Commissioners, testified in opposition to the bill. Katie First, representing Colorado Counties Inc, testified in opposition to the bill. Sherryl Dillon, representing Colorado Springs Police Protective Association, testified in opposition to the bill. Jeremy Schupbach, representing Colorado Municipal League, testified in a neutral position on the bill. Discussion ensued regarding the fiscal impact of HB 24-1460.

06:33:02 PM  
Ms. Stephanie Silverman, representing herself, testified in support of the bill.

Chris Ausec, representing himself, testified in support of the bill.

Ms. Rebecca Arndt, representing herself, testified in support of the bill.

Ms. Nicole Urban, representing herself, testified in support of the bill.

Ms. Arndt responded to questions regarding the remedies available in HB 24-1460, and how the bill would have applied to her case had it been law. Discussion ensued regarding the role of unions in whistleblower cases.

06:56:50 PM  
Aaron Carpenter, Legislative Council Staff, responded to questions regarding the fiscal impact of HB 24-1460, and the fiscal note process.
07:20:56 PM  
Ms. Lori Garcia Sander, representing themself, testified in opposition to the bill.

Dusty Johnson, representing herself, testified in opposition to the bill.

Mr. Carlos Barron, representing City of Fort Lupton Councilman, testified in opposition to the bill.

Mr. Seth Ford, representing Department of Personnel & Administration, testified in opposition to the bill.

Ms. Kimberly Chalmers, representing Colorado State Public Defender, testified to amend the bill.

Mr. Ford responded to questions regarding forthcoming amendments to HB 24-1460.

07:36:37 PM  
John McFarland, representing himself, testified in support of the bill.

Andrea Bradbury, representing herself, testified in support of the bill.

Mr. Nicholas Hamaker, representing himself, testified in support of the bill.

Mr. Urban, representing himself, testified in support of HB 24-1460.

07:50:52 PM  
Ms. Crystal Fresquez, representing herself, testified in support of the bill.

Alexander Landau, representing the Denver Justice Project, testified in support of HB 24-1460.

Ms. Adrienne Sandoval, representing themself, testified in opposition to the bill.

Mr. Jeff Roberts, representing Colorado Freedom of Information Coalition, testified in support of the bill.

Ms. Shavonne Blades, representing Yellow Scene Magazine, testified in support of the bill.

Ms. Ashlyn Hare, representing herself, testified in support of the bill.

08:08:56 PM  
The committee recessed.
08:21:51 PM  

The committee returned to order. The committee discussed how to move forward with HB 24-1460. Representative Herod explained the effect of amendment L.001 (Attachment I).



08:26:41 PM
Motion Adopt amendment L.001
Moved Herod
Seconded Bacon
Amabile
Armagost
Garcia
Herod
Mabrey
Snyder
Soper
Winter T.
Woodrow
Bacon
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
08:27:02 PM  

Representative Herod explained the effect of amendment L.002 (Attachment J).



08:27:42 PM
Motion Adopt amendment L.002
Moved Herod
Seconded Bacon
Amabile
Armagost
Garcia
Herod
Mabrey
Snyder
Soper
Winter T.
Woodrow
Bacon
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
08:28:01 PM  

Representative Herod explained the effect of amendment L.003 (Attachment K).



08:28:17 PM
Motion Adopt amendment L.003
Moved Herod
Seconded Bacon
Amabile
Armagost
Garcia
Herod
Mabrey
Snyder
Soper
Winter T.
Woodrow
Bacon
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
08:28:19 PM  

Representative Herod explained the effect of amendment L.004 (Attachment L).



08:28:46 PM
Motion Adopt amendment L.004
Moved Herod
Seconded Bacon
Amabile
Armagost
Garcia
Herod
Mabrey
Snyder
Soper
Winter T.
Woodrow
Bacon
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
08:28:48 PM  

Representative Herod explained the effect of amendment L.005 (Attachment M).



08:29:23 PM
Motion Adopt amendment L.005
Moved Herod
Seconded Bacon
Amabile
Armagost
Garcia
Herod
Mabrey
Snyder
Soper
Winter T.
Woodrow
Bacon
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
08:29:25 PM  
Representatives Bacon and Herod provided closing remarks in support of HB 24-1460. Various committee members provided their positions on the bill.


09:07:00 PM
Motion Refer House Bill 24-1460, as amended, to the Committee of the Whole.
Moved Herod
Seconded Bacon
Amabile No
Armagost No
Garcia Yes
Herod Yes
Mabrey Yes
Snyder No
Soper No
Winter T. No
Woodrow Yes
Bacon Yes
Weissman Yes
Final YES: 6   NO: 5   EXC: 0   ABS:  0   FINAL ACTION:  PASS