Date: 03/12/2015

Final
BILL SUMMARY for HB15-1073

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Adopt amendment L.004 (Attachment C). The motion p
Refer House Bill 15-1073, as amended, to the Commi		Pass Without Objection
PASS



02:28 PM -- HB15-1073

Representative Salazar, prime sponsor, presented House Bill 15-1073, concerning allowing a driver to challenge the validity of a law enforcement officer's initial contact with the driver. Representative Salazar provided background on House Bill 13-1077, and explained how HB 15-1073 would augment that earlier effort. He also discussed the effect of amendment L.004 (Attachment C). Representative Salazar responded to questions regarding the number of administrative hearing cases that would be affected by the bill. Discussion ensued regarding the differences between amendment L.003 (Attachment D) and L.004.

15HouseJud0312AttachC.pdf15HouseJud0312AttachC.pdf 15HouseJud0312AttachD.pdf15HouseJud0312AttachD.pdf

02:36 PM

The following person testified regarding HB 15-1073:

02:37 PM -- Ms. Maureen Cain, representing the Colorado Criminal Defense Bar, testified in support of the bill. She suggested that it addresses a Fourth Amendment issue, and explained how the bill will clarify current statute and practice. Ms. Cain explained that stakeholders are aware of amendment L.004. Representative Salazar clarified the Department of Revenue's position on the bill. Ms. Cain responded to questions regarding how initial contact is challenged in a Department of Revenue administrative hearing. Discussion ensued regarding the revocation of licenses despite the initial contact by law enforcement being illegal. Discussion followed regarding why the bill addresses drunk driving-related administrative hearings only, and not other types of traffic stops.


02:41 PM
BILL:HB15-1073
TIME: 02:41:56 PM
MOVED:Salazar
MOTION:Adopt amendment L.004 (Attachment C). The motion passed without objection.
SECONDED:Court
VOTE
Buckner
Carver
Court
Dore
Foote
Lawrence
Lundeen
Pettersen
Salazar
Van Winkle
Willett
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


02:42 PM

Representative Salazar provided closing remarks in support of the bill.


02:43 PM

The committee recessed.


02:51 PM

The committee returned to order.
BILL:HB15-1073
TIME: 02:42:54 PM
MOVED:Salazar
MOTION:Refer House Bill 15-1073, as amended, to the Committee of the Whole. The motion passed on a vote of 13-0.
SECONDED:Court
VOTE
Buckner
Yes
Carver
Yes
Court
Yes
Dore
Yes
Foote
Yes
Lawrence
Yes
Lundeen
Yes
Pettersen
Yes
Salazar
Yes
Van Winkle
Yes
Willett
Yes
Lee
Yes
Kagan
Yes
Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS



02:52 PM

The committee adjourned.