Date: 04/21/2015

Final
BILL SUMMARY for HB15-1356

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Adopt amendment L.005 (Attachment B). The motion p
Refer House Bill 15-1356, as amended, to the Commi		Pass Without Objection
PASS



02:17 PM -- HB15-1356

Representative Salazar, prime sponsor, presented House Bill 15-1356, concerning measures related to enforcing federal immigration law. Representative Salazar provided background on the detention of certain individuals under federal immigration protocol, and explained the effect of the bill. He also discussed the benefits of the legislation. Representative Salazar explained the effect of prepared amendment L.005 (Attachment B). Representative Salazar responded to questions regarding the relationship between the bill and legislation previously approved by the General Assembly concerning law enforcement and immigration status. Discussion ensued on this issue. Representative Salazar responded to further questions regarding the effect of amendment L.005.

15HouseJud0421AttachB.pdf15HouseJud0421AttachB.pdf

02:34 PM

The following persons testified regarding HB 15-1356:


02:35 PM -- Ms. Kathy White, representing the Colorado Fiscal Institute, testified in support of the bill. Ms. White discussed the fiscal impact on local jurisdictions of detaining persons based on civil immigration detainer requests only.

02:38 PM -- Ms. Norma Marones, representing herself, testified in support of the bill. Ms. Marones described a situation during which she was detained by the police, who discovered she had an immigration hold placed on her by the federal government. Ms. Marones discussed the impact of being held by the police on her life and her family, and her loss of trust in the police as a result of the incident. Ms. Marones recounted an incident where she failed to contact the police to report an abusive incident due to her fear of the police. Ms. Marones discussed the injustices of immigration detainers, and the potential for HB 15-1356 to increase the community's trust in the police.

02:46 PM -- Ms. Denise Maes, representing the American Civil Liberties Union, testified in support of the bill. Ms. Maes provided background on how the federal Immigration and Customs Enforcement Agency asks local law enforcement to detain possible violators of federal immigration law, and provided an overview of immigration enforcement. Ms. Maes responded to questions regarding local law enforcement activity under judicial warrants, and the process by which an immigration detainer is placed on a person. Ms. Maes responded to questions regarding the length of time that a law enforcement agency may hold a person under an immigration detainer.

02:54 PM -- Ms. Gabriela Flora, representing the American Friends Service Committee, testified in support of the bill. Ms. Flora discussed the impact of civil immigration detainers by local law enforcement on local community trust, and the need to create uniformity in rules pertaining to such detainers.

02:58 PM -- Ms. Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill. Committee members received a statement of support for the bill from Boulder County Sheriff Joe Pelle (Attachment C). Ms. Ackerman provided background on legislative activity in Colorado pertaining to immigration detainers, court rulings on the status of those being detained, and the resulting practices of sheriffs. Ms. Ackerman responded to questions regarding the amount of money county sheriffs have paid out based on illegitimate immigration detainers. Discussion ensued regarding the basis for the support of sheriffs for the bill.

15HouseJud0421AttachC.pdf15HouseJud0421AttachC.pdf

03:03 PM -- Reverend Tina Yankee, representing Together Colorado, testified in support of the bill. Reverend Yankee explained how the bill will increase the trust of certain populations in law enforcement, and discussed the benefits of the bill to both law enforcement and the public.

03:07 PM -- Mr. Jeff Clayton, representing the Professional Bail Agents of Colorado, testified in support of the bill. Mr. Clayton discussed the impact of immigration detainers on the bail bonding process, and explained the benefits of amendment L.005. Mr. Clayton responded to questions regarding the court's taking into consideration the immigration status of a defendant when setting bail, and liability for a bail bond based upon the status of the defendant.

03:13 PM -- Mr. Miguel Guerrero, representing Goodfellas Bailbonds, testified in support of HB 15-1356. Mr. Guerrero explained how federal immigration officials often interfere with his clients. Mr. Guerrero responded to questions regarding the benefits of the bill to his profession.

03:15 PM -- Ms. Maureen Cain, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Cain explained that the bill follows practice established through court rulings, and expressed concerns about a provision in the bill. Ms. Cain responded to questions regarding her position on amendment L.005.

03:19 PM -- Mr. Justin Valas, representing the Colorado Immigrant Rights Coalition, testified in support of the bill. Mr. Valas provided background on the genesis of the bill, noting some court cases that influenced its introduction.


03:24 PM
BILL:HB15-1356
TIME: 03:24:22 PM
MOVED:Salazar
MOTION:Adopt amendment L.005 (Attachment B). The motion passed without objection.
SECONDED:Lee
VOTE
Becker K.
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


03:24 PM

Representative Salazar provided closing remarks in supporting remarks in support of HB 15-1356. Various committee members provided their positions on the bill.
BILL:HB15-1356
TIME: 03:25:23 PM
MOVED:Salazar
MOTION:Refer House Bill 15-1356, as amended, to the Committee of the Whole. The motion passed on a vote of 12-1.
SECONDED:Court
VOTE
Becker K.
Yes
Carver
Yes
Court
Yes
Dore
Yes
Foote
Yes
Lawrence
Yes
Lundeen
Yes
Pettersen
Yes
Salazar
Yes
Van Winkle
No
Willett
Yes
Lee
Yes
Kagan
Yes
Final YES: 12 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS



03:31 PM

The committee adjourned.