h_jud_2016a_2016-04-21t14:06:19z3 Hearing Summary

Date: 04/21/2016

04:28 PM -- HB16-1393



Representative Foote, co-prime sponsor, presented House Bill 16-1393, concerning procedures for ordered testing for communicable diseases. Representative Foote explained the effect of the bill and discussed its need. He explained the process for obtaining a search warrant and why that was chosen to be included in the bill.





04:38 PM



Representative Esgar, co-prime sponsor, joined the committee. The following persons testified regarding HB 16-1393:



04:40 PM -- Grand Junction Police Department Chief John Camper, representing the Colorado Association of Chiefs of Police, testified in support of the bill. Chief Camper responded to questions regarding what type of information or conditions would be required to prompt a search warrant pursuant to the bill.



04:51 PM -- Ms. Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill. Ms. Ackerman explained that the bill will help speed up testing in instances where law enforcement officers may have been exposed to communicable diseases.



04:52 PM -- Mr. Scott Donaldson, representing the Grand Junction Police Department, testified in support of the bill. Officer Donaldson recounted an instance where he was exposed to bodily fluids from a person at a traffic stop, and discussed the benefits of the bill. Officer Donaldson responded to questions regarding instances where a person who transmitted bodily fluids makes no claims to have a communicable disease.



04:57 PM -- Mr. Matthew Koch, representing the Grand Junction Police Department, testified in support of the bill. Officer Koch recounted an instance where he was exposed to bodily fluids from a crime suspect. Officer Koch responded to questions regarding the circumstances surrounding the incident.



05:01 PM -- Ms. Barb Cardell, representing the Colorado Organization Responding to AIDS, testified in opposition to HB 16-1393. Ms. Cardell expressed some concerns about the bill, discussed HIV risk, and noted some potential amendments to the bill. Ms. Cardell clarified her objections to the bill. Discussion ensued about these objections.



05:17 PM -- Mr. George Guzman, representing himself, testified in opposition to the bill. Mr. Guzman discussed best practices for reducing occupational exposure to communicable diseases, and questioned the need for the bill. Mr. Guzman responded to questions regarding documented cases of communicable disease transmissions to those on the job, and the likelihood of transmitting certain communicable diseases.



05:27 PM -- Mr. Mike Taylor, representing the Mod Squad, testified in opposition to the bill. Mr. Taylor explained that the bill would potentially authorize unwarranted searches and subject individuals to unwarranted procedures. Mr. Taylor responded to questions regarding his concerns about probable cause for authorizing a search warrant, and legislation considered by the General Assembly in recent years with similar subject matter to HB 16-1393.



05:33 PM -- Reverend Tammy Garrett-Williams, representing the Above Waters Project, testified in opposition to the bill. Reverend Garrett-Williams discussed the timeline for search warrants issued under the bill, and the potential perpetuation of bias by the bill. She questioned the need for the bill.



05:38 PM -- Ms. Kari Hartel, representing the Mod Squad and Colorado PWN, testified in opposition to the bill. Ms. Hartel suggested the bill may be overly broad in scope, and questioned the need for the bill. Discussion ensued regarding how certain communicable diseases are transmitted, and communicable disease testing that persons may be required to undergo under current law.





05:55 PM



Discussion continued regarding how certain communicable diseases are transmitted. Discussion ensued regarding preliminary testing of the criminal suspect under the bill.





06:02 PM



Representative Foote provided closing remarks in support of HB 16-1393, and discussed some forthcoming amendments that will be offered to address concerns. Representative Esgar provided further input on the bill.





06:08 PM



Representative Kagan laid over HB 16-1393 for future action.





06:08 PM



The committee recessed.