Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:04/02/2015
ATTENDANCE
Time:01:36 PM to 09:48 PM
Buckner
*
Carver
X
Place:RM 271
Court
X
Dore
X
This Meeting was called to order by
Foote
*
Representative Kagan
Lawrence
X
Lundeen
X
This Report was prepared by
Pettersen
X
Jessika Shipley
Salazar
X
Van Winkle
X
Willett
X
Lee
X
Kagan
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB15-1288
HB15-1289
HB15-1288
HB15-1291
HB15-1286
Amended, Referred to the Committee of the Whole
Postponed Indefinitely
Amended, Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole
Referred to the Committee of the Whole


01:39 PM -- HB15-1288

Representative Williams presented and summarized House Bill 15-1288, concerning updates to the statutory prohibition on profiling.

The committee members watched a video.

Representative Williams discussed racial profiling in law enforcement and arrest rates. She said that it is important to have proper data collecting in order to fully understand this issue.


01:50 PM

Representative Williams continued to discuss racial profiling in law enforcement. She distributed a handout to the committee (Attachment A).

15HouseJud0402AttachA.pdf15HouseJud0402AttachA.pdf







Representative Williams answered questions from the committee regarding rural issues related to racial profiling. She also answered questions regarding the information in the handout.


02:02 PM

Representative Salazar spoke on the disproportionate arrest and convictions of black individuals as a result of the initial contact with law enforcement.

The committee members discussed the rates of arrests as presented in the handout.

The committee members watched a video.

02:11 PM --
Ms. Lisa Calderon, representing the Colorado Latino Forum, spoke in favor of the bill. She provided a story about the experiences of her son dealing with racial profiling. Ms. Calderon said that it is important to collect data in order to understand the issue.

Ms. Calderon answered questions regarding the experiences of her son with racial profiling.

02:17 PM --
Ms. Dawn Riley Duval, representing herself, spoke in favor of the bill. She discussed the impacts of racial profiling on individuals.

02:21 PM --
Mr. Michael Ramirez, representing himself, Servicios de La Raza, and the Colorado Latino Forum, spoke in favor of the bill. Discussed racial profiling experienced by the youth with whom he works. Mr. Ramirez answered questions from the committee regarding how HB 15-1288 might help build community trust in law enforcement.

02:25 PM --
Ms. Valerie Schlecht, representing the Colorado Cross-Disability Coalition, spoke in favor of the bill. She discussed the profiling of people with mental health disabilities.

02:26 PM --
Ms. Jenny Santos, representing herself and Servicios de La Raza, spoke in favor of the bill. She shared the experience of her father, and of others, with racial profiling. Ms. Santos responded to questions from the committee regarding the necessity of the bill.

02:32 PM --
Mr. Josef Lopez, representing himself and Servicios de La Raza, spoke in favor of the bill. He discussed his experience working with youth of color. Mr. Lopez spoke on the experiences of his son and friend who were profiled due to their racial backgrounds.

02:35 PM --
Reverend Reginald Holmes, representing Metro Denver Ministry Alliance, spoke in favor of the bill. He said that this bill will also protect law enforcement personnel. Reverend Holmes shared his concerns that the issues related to racial profiling are growing. He answered questions from the committee regarding the need for the bill. Reverend Holmes also answered questions from the committee regarding atypical issues regarding racial profiling and the need for an atypical response.













02:44 PM

Reverend Holmes answered questions from the committee regarding his experience with racial issues. He shared stories on his personal experiences with racism.

02:48 PM --
Mr. Quincy Shannon, representing the Denver Freedom Riders, spoke in favor of the bill. He discussed his personal experiences with racial profiling. Mr. Shannon answered questions from the committee regarding the officers who confronted him during his experience. He also answered a question regarding the need for a bill on the issue of racial profiling.

02:57 PM --
Ms. Leslie Herod, representing herself, spoke in favor of the bill. She discussed the impacts of racial profiling on communities and individuals. Ms. Herod spoke about her experience as a community organizer.

Ms. Herod answered questions about profiling experiences in the female and LGBT communities.

03:02 PM --
Reverend Eugene Downing, representing New Hope Baptist Church, spoke in favor of the bill. He discussed the the importance of mutual respect and trust between police officers and racial communities. Reverend Downing answered questions from the committee about potential opposition to the bill by law enforcement. He also answered questions from the committee regarding people of color serving in law enforcement.

Reverend Holmes continued to answer questions from the committee. He discussed the need for mutual trust between communities and law enforcement.

03:12 PM --
Brother Jeff Fard, representing Brother Jeff's Cultural Center, spoke in favor of the bill. He discussed the growth in communities and racial issues in Colorado. Mr. Fard expressed his opinion that this is not just an urban issue, but an issue in all Colorado counties. He discussed the impact of racial profiling on communities and individuals.

03:16 PM --
Mr. Steve Chavez, representing the Colorado Latino Forum, spoke in favor of the bill. He discussed his experience with police misconduct and racial profiling, as discussed in community meetings. Mr. Chavez also discussed effective law enforcement participation.

Mr. Chavez answered questions from the committee regarding the collection of information related to racial profiling. He also answered questions regarding the need to address racial profiling in law enforcement.

03:23 PM --
Ms. Michele Wheeler, representing herself, spoke in favor of the bill. She discussed her experience working in the area of community development and the issues related to treatment by law enforcement. Ms. Wheeler shared the stories of her family members regarding their experiences with racial profiling.

Ms. Wheeler answered questions from the committee regarding her experience working with communities on the issue of racial profiling.

03:31 PM --
Jeanette Vizguerra, representing herself and translated by Mr. Victor Galvan, spoke in favor of the bill. She shared a personal story of racial profiling in Arapahoe County and her risk of deportation.

Ms. Vizguerra answered questions from the committee regarding her arrest.







03:40 PM --
Ms. Julie Gonzales, representing the Colorado Latino Forum, spoke in favor of the bill. She discussed the issues of discrimination in communities throughout Colorado. Ms. Gonzales discussed her experience working with individuals who have faced racial profiling. She answered questions from previous testimony regarding the need to address racial profiling and the potential concerns of law enforcement.

Ms. Gonzales answered questions from the committee regarding the history of racism and current concerns in communities. She also answered questions regarding the changes in society regarding racial profiling and the issues that still need to be addressed.

Representative Williams spoke on the history of racism and the common issues related to racial profiling.

03:52 PM --
Ms. Bianca Pullen, representing herself, spoke in favor of the bill. She shared her experience in medicine and the effects of racial profiling on access to healthcare and medical services.

03:56 PM --
Ms. Elisabeth Epps, representing herself, spoke in favor the bill. She discussed comments made during previous discussion regarding violence. Ms. Epps discussed the impact of racial profiling on individuals and communities.

The committee members discussed previous comments made regarding violence.

04:08 PM --
Pastor Terrance Hughes, representing the Greater Metro Denver Ministerial Alliance, spoke in favor of the bill. He discussed his experiences as a veteran and his personal issues with racial profiling. Reverend Hughes spoke on the experiences on his son with racial profiling and the emotional impacts.

Pastor Hughes answered questions from the committee regarding racial profiling in non-urban areas of Colorado.

04:13 PM --
Mr. Art Way, representing the Drug Policy Alliance, spoke in favor of the bill. He discussed his personal experiences with racial profiling.

Mr. Way answered questions from the committee regarding the scope of the bill. He expressed his opinion that he thinks that resolving the initial encounter with law enforcement will help issues related to racism.


04:19 PM

The committee recessed.


04:22 PM

The committee returned from recess. Chairman Kagan laid over HB 15-1288 until later in the day.













04:23 PM -- HB15-1289
BILL:HB15-1289
TIME: 04:23:16 PM
MOVED:Dore
MOTION:Reconsider the motion to refer House Bill 15-1289, as amended, to the Committee of the Whole. The motion passed on a vote of 11-2.
SECONDED:Court
VOTE
Buckner
No
Carver
Yes
Court
Yes
Dore
Yes
Foote
Yes
Lawrence
Yes
Lundeen
Yes
Pettersen
Yes
Salazar
No
Van Winkle
Yes
Willett
Yes
Lee
Yes
Kagan
Yes
YES: 11 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


04:30 PM


For reconsideration, Representative Salazar presented House Bill 15-1289, concerning criminal charges based on a violation of an unlawful order. The committee initially referred the bill to the Committee of the Whole, as amended, with a favorable recommendation at its March 31 meeting. Representative Salazar provided his position on the motion to reconsider the bill and postpone the bill indefinitely. The committee members provided closing comments on the bill.


















BILL:HB15-1289
TIME: 04:40:09 PM
MOVED:Dore
MOTION:Postpone House Bill 15-1289 indefinitely. The motion passed on a vote of 10-3.
SECONDED:Lawrence
VOTE
Buckner
No
Carver
Yes
Court
Yes
Dore
Yes
Foote
Yes
Lawrence
Yes
Lundeen
Yes
Pettersen
No
Salazar
No
Van Winkle
Yes
Willett
Yes
Lee
Yes
Kagan
Yes
Final YES: 10 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS





























BILL:HB15-1289
TIME: 04:30:17 PM
MOVED:Salazar
MOTION:Substitute motion to refer House Bill 15-1289 to the Committee of the Whole. The motion failed on a vote of 3-10.
SECONDED:Buckner
VOTE
Buckner
Yes
Carver
No
Court
No
Dore
No
Foote
No
Lawrence
No
Lundeen
No
Pettersen
Yes
Salazar
Yes
Van Winkle
No
Willett
No
Lee
No
Kagan
No
YES: 3 NO: 10 EXC: 0 ABS: 0 FINAL ACTION: FAIL


04:42 PM -- HB15-1288

The committee returned to considering House Bill 15-1288, concerning updates to the statutory prohibition on profiling, continuing with witness testimony.

04:43 PM --
Pastor Leo Garcia, representing Ambassadors for Christ Ministries, spoke in favor of the bill. He spoke on his son's personal experience with racial profiling.

04:45 PM --
Mr. Steven Bailey, representing himself, spoke in favor of the bill. He discussed his experience as a white man and his concerns regarding racial profiling. Mr. Bailey shared stories about violence in law enforcement.

04:50 PM --
Ms. Lexine C. James, representing herself and New Hope Baptist Church, spoke in favor of the bill. She told a story about her son's and daughter's experience with racial profiling.

04:54 PM --
Ms. Jeanette Baust, representing Together Colorado, spoke in favor of the bill. She discussed previous comments and the issues of discrimination and racism. Ms. Baust expressed her opinion that it is important to deal with racism by dealing with the issues of racial profiling.










04:59 PM --
Mr. Robert Lopez, representing himself, spoke in favor of the bill. Mr. Lopez discussed his personal experience with racial profiling. He addressed questions from committee members about the best solution to the problem of police discrimination and racism. Representative Pettersen related the details of her personal experience as a witness of racial profiling by police officers and others.

05:07 PM --
Mr. Alex Landau, representing the Colorado Progressive Coalition, spoke in favor of the bill. Mr. Landau provided details of his experience with racial profiling by police officers. He discussed systemic racism in American communities, issues related to racial or cultural stereotypes, and community activism. He responded to questions from the committee about his experience with the Denver Police Department.

05:15 PM --
Mr. Rashawn Bliss, representing himself, spoke in favor of the bill. Mr. Bliss spoke about systemic racial discrimination by police departments and communities at large. He discussed his opinion that police brutality stems directly from racial profiling.

05:19 PM --
Mr. Jason Warf, representing the Southern Colorado Cannabis Council, spoke in favor of the bill. Mr. Warf related his experience with racial profiling of his Latino friend. He expressed his opinion that racial profiling is more prevalent in rural areas than in urban areas.

05:22 PM --
Mr. George Walker, representing himself, spoke in favor of the bill. Mr. Walker discussed semantics, racial profiling, and judicial bias.

05:28 PM --
Ms. Sophia San Miguel, representing herself, spoke in favor of the bill.

05:33 PM --
Mr. Phil Baca, representing the Colorado Association of Chiefs of Police and the Colorado Municipal League, spoke in opposition to the bill. Mr. Baca commented that he and his family have never been racially profiled. He expressed concern with the consent provisions of the bill. He responded to questions from the committee.

05:45 PM --
Sheriff Jim Beicker, representing the County Sheriffs of Colorado, spoke in opposition to the bill. Sheriff Beicker stated that no Colorado sheriffs condone illegal racial profiling. He expressed his opinion that morality and human decency cannot be legislated and that the solution to racial profiling lies in training. He responded to committee questions. He discussed the training required to become a peace officer.

05:58 PM --
Sheriff Jim Crone, representing the County Sheriffs of Colorado, spoke in opposition to the bill. Sheriff Crone stated that he has never had a complaint of racial profiling against his department. He discussed the racially diverse population of Morgan County. He responded to questions from the committee about his opposition to the bill on the grounds that current law addresses the problem of racial profiling.

06:04 PM --
Former Sheriff Doug Darr, representing the County Sheriffs of Colorado, spoke in opposition to the bill. Sheriff Darr stated that he never received a complaint of racial profiling while he was the sheriff of Adams County. He spoke about efforts he made to train his officers in diversity and sensitivity. He brought up objections about specific provisions in the bill that he believes would conflict with current law. He responded to questions from the committee.

06:19 PM --
Major Matt Packard, representing the Colorado State Patrol, spoke in opposition to the bill. Major Packard expressed his opinion that the bill dramatically impacts the ability of law enforcement officers to be effective. He reiterated the testimony of prior witnesses about the consent provisions in the bill. He responded to questions from the committee about whether he believes any parts of the bill are acceptable.








06:29 PM --
Mr. Arnold Hanuman, representing the Colorado District Attorneys' Council, spoke in opposition to the bill. Mr. Hanuman raised concerns with the broad scope of the bill and discussed potential unintended consequences. He reiterated the testimony of prior witnesses about the consent provisions of the bill. He discussed specific language in the bill about consensual contact by peace officers.


06:39 PM

Discussion ensued about standards for detention, seizure, consent, and arrest.


06:51 PM

Discussion continued.


07:06 PM

Discussion continued.


07:11 PM

The committee took a brief recess.






























07:26 PM

The committee reconvened.
BILL:HB15-1288
TIME: 07:26:36 PM
MOVED:Dore
MOTION:Adopt amendment L.002 (Attachment B). The motion passed without objection.
15HouseJud0402AttachB.pdf15HouseJud0402AttachB.pdf
SECONDED:Lee
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






















BILL:HB15-1288
TIME: 07:27:37 PM
MOVED:Dore
MOTION:Adopt amendment L.001 (Attachment C), as amended. The motion passed without objection.
15HouseJud0402AttachC.pdf15HouseJud0402AttachC.pdf
SECONDED:Pettersen
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

























BILL:HB15-1288
TIME: 07:30:23 PM
MOVED:Foote
MOTION:Adopt a conceptual amendment to amendment L.001, strike lines 10 and 11 and substitute "officers on community relationship building and alternatives to profiling.". The motion passed without objection.
SECONDED:Pettersen
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



























BILL:HB15-1288
TIME: 07:34:39 PM
MOVED:Lundeen
MOTION:Adopt a conceptual amendment to the printed bill, page 3, line 12, strike "trustworthy and". The motion was withdrawn.
SECONDED:Van Winkle
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:






























07:37 PM

Representative Williams wrapped up her presentation of the bill and asked for a favorable recommendation.
BILL:HB15-1288
TIME: 07:43:33 PM
MOVED:Buckner
MOTION:Refer House Bill 15-1288, as amended, to the Committee of the Whole. The motion passed on a vote of 10-1, with 2 excused.
SECONDED:Court
VOTE
Buckner
Yes
Carver
Excused
Court
Yes
Dore
Yes
Foote
Yes
Lawrence
Yes
Lundeen
Yes
Pettersen
Yes
Salazar
Yes
Van Winkle
No
Willett
Excused
Lee
Yes
Kagan
Yes
Final YES: 10 NO: 1 EXC: 2 ABS: 0 FINAL ACTION: PASS


07:47 PM -- HB15-1291

Representative Melton, prime sponsor, presented House Bill 15-1291. The bill prohibits a peace officer from using a choke hold, defined as wrapping an arm around or gripping the neck in a manner that limits or cuts off either the flow of air by compressing the windpipe or the flow of blood through the carotid arteries on each side of the neck. Violations are punishable as a class 1 misdemeanor.

Representative Melton distributed amendment L.001 (Attachment D). The committee discussed the amendment.

15HouseJud0402AttachD.pdf15HouseJud0402AttachD.pdf

07:52 PM --
Chief Dwight Henninger, representing the Colorado Association of Chiefs of Police, spoke in favor of the bill with the adoption of amendment L.001. Chief Henninger discussed the infrequent use of a choke hold. He responded to questions from the committee.







07:59 PM --
Pastor Leo Garcia, representing Ambassadors for Christ Ministries, spoke in favor of the bill. Pastor Garcia discussed his son's experience with choke holds.

08:02 PM --
Mr. Jason Warf, representing the Southern Colorado Cannabis Council, spoke in favor of the bill. Mr. Warf provided statistics about deaths and serious injuries related to police use of choke hold.

08:05 PM --
Mr. Alex Landau, representing himself, spoke in favor of the bill. Mr. Landau discussed the dangers of the use of choke holds.

08:07 PM --
Ms. Laura Altobelli, representing the Southern Colorado Cannabis Council, spoke in favor of the bill.

08:12 PM --
Brother Jeff Fard, representing Brother Jeff's Cultural Center, spoke in favor of the bill. Brother Jeff discussed different types of choke holds.

08:14 PM --
Ms. Julie Gonzales, representing the Colorado Latino Forum, spoke in favor of the bill with amendments. Ms. Gonzales expressed her opinion that officers who use choke holds illegally should be prosecuted.

08:16 PM --
Mr. Tom Raynes, representing the Colorado District Attorneys' Council, suggested an amendment to page 2, line 5, of the printed bill, after "chokehold" insert "to another person".

08:18 PM --
Sheriff Jim Crone, representing the County Sheriffs of Colorado, spoke in favor of the bill with the adoption of amendments. Sheriff Crone objected to taking a tool out of the law enforcement toolbox. He stated that choke holds are used infrequently and are very effective. He expressed his opinion that death cannot result from compression of the carotid artery.




























BILL:HB15-1291
TIME: 08:22:26 PM
MOVED:Court
MOTION:Adopt amendment L.003 (Attachment E). The motion passed without objection.
15HouseJud0402AttachE.pdf15HouseJud0402AttachE.pdf
SECONDED:Lawrence
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


























BILL:HB15-1291
TIME: 08:24:58 PM
MOVED:Kagan
MOTION:Adopt amendment L.004 (Attachment F). The motion passed without objection.
15HouseJud0402AttachF.pdf15HouseJud0402AttachF.pdf
SECONDED:Lee
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

























BILL:HB15-1291
TIME: 08:26:24 PM
MOVED:Court
MOTION:Refer House Bill 15-1291, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0, with 2 excused.
SECONDED:Salazar
VOTE
Buckner
Yes
Carver
Excused
Court
Yes
Dore
Yes
Foote
Yes
Lawrence
Yes
Lundeen
Yes
Pettersen
Yes
Salazar
Yes
Van Winkle
Yes
Willett
Excused
Lee
Yes
Kagan
Yes
Final YES: 11 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS


08:28 PM -- HB15-1286

The committee took a brief recess.


08:36 PM

The committee returned to order. Representatives Kagan and Salazar, co-prime sponsors, presented House Bill 15-1286. This bill allows the court to require prosecution in an alleged offense that involves police misconduct resulting in serious bodily injury or death if it finds that the prosecuting attorney's decision not to prosecute was an abuse of discretion.

















08:49 PM

Representative Kagan discussed case law regarding an improper influence of judicial discretion at length. Representative Salazar spoke about the practical application of the bill.

08:54 PM --
Mr. Tom Raynes, representing the Colorado District Attorneys' Council, spoke in opposition to the bill as introduced. Mr. Raynes talked about amendment L.001 (Attachment G). He discussed the relationship between prosecutors and law enforcement officers. He indicated that current law covers the problem addressed by the bill. He responded to questions from the committee.

15HouseJud0402AttachG.pdf15HouseJud0402AttachG.pdf

09:03 PM

Discussion ensued about whether current law allows for judicial review of prosecutorial decisions.


09:09 PM

Discussion continued.

09:16 PM -- Mr. Alex Landau, representing himself, spoke in favor of the bill. Mr. Landau suggested language to be added to the bill. He discussed a number of incidents in Denver involving alleged police misconduct and lack of prosecution of those officers.

09:20 PM --
Ms. Julie Gonzales, representing the Colorado Latino Forum, spoke in favor of the bill. Ms. Gonzales discussed alleged patterns and practices of police and prosecutorial discretion.

09:21 PM --
Mr. Robert Lopez, representing himself, spoke in favor of the bill. Mr. Lopez discussed his experience with police brutality. He expressed his desire to include an independent monitor to review police misconduct cases.

09:23 PM --
Ms. Valerie Schlecht, representing herself, spoke in favor of the bill. Ms. Schlecht discussed the Marvin Booker case.

09:26 PM --
Brother Jeff Fard, representing himself, spoke in favor of the bill.

09:30 PM --
Mr. Michael Dohr, representing the Office of Legislative Legal Services, responded to questions about the various standards for an abuse of discretion by a prosecutor.















09:37 PM

Discussion of the various burden of proof standards continued.
BILL:HB15-1286
TIME: 09:40:56 PM
MOVED:Lawrence
MOTION:Adopt amendment L.001 (Attachment G). The motion failed on a vote of 4-7.
SECONDED:Pettersen
VOTE
Buckner
No
Carver
Excused
Court
No
Dore
Yes
Foote
No
Lawrence
Yes
Lundeen
Yes
Pettersen
No
Salazar
No
Van Winkle
Yes
Willett
Excused
Lee
No
Kagan
No
YES: 4 NO: 7 EXC: 2 ABS: 0 FINAL ACTION: FAIL

























BILL:HB15-1286
TIME: 09:48:51 PM
MOVED:Kagan
MOTION:Refer House Bill 15-1286 to the Committee of the Whole. The motion passed on a vote of 7-4.
SECONDED:Salazar
VOTE
Buckner
Yes
Carver
Excused
Court
Yes
Dore
No
Foote
Yes
Lawrence
No
Lundeen
No
Pettersen
Yes
Salazar
Yes
Van Winkle
No
Willett
Excused
Lee
Yes
Kagan
Yes
Final YES: 7 NO: 4 EXC: 2 ABS: 0 FINAL ACTION: PASS


09:48 PM

The committee adjourned.