Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON JUDICIARY

Date:03/25/2015
ATTENDANCE
Time:01:31 PM to 03:14 PM
Cooke
X
Guzman
X
Place:SCR 356
Merrifield
X
Lundberg
X
This Meeting was called to order by
Roberts
X
Senator Roberts
This Report was prepared by
Conrad Imel
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB15-1183
HB15-1073
SB15-217
SB15-218
SB15-219
SB15-221
SB15-203		Referred to the Committee of the Whole - Consent Calendar
Referred to the Committee of the Whole - Consent Calendar
Amended, Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole
Referred to the Committee of the Whole - Consent Calendar
Amended, Referred to Appropriations


01:31 PM

Senator Roberts, chair, called the committee to order.


01:34 PM -- HB15-1183

Senator Guzman, sponsor, presented House Bill 15-1183, concerning admission, as evidence in court, of a child's statements regarding attempted sexual assault. Senator Guzman discussed testimony from children in sex assault cases and stated the effect of the bill. There was no witness testimony on the bill.


BILL:HB15-1183
TIME: 01:36:30 PM
MOVED:Guzman
MOTION:Refer House Bill 15-1183 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Cooke
Yes
Guzman
Yes
Merrifield
Yes
Lundberg
Yes
Roberts
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


01:38 PM -- HB15-1073

Senator Ulibarri, 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 in administrative hearings. Senator Ulibarri stated that HB 15-1073 was a clean up bill necessitated by recent court decisions. Senator Ulibarri explained that some administrative law judges would revoke a driver's license when there was a finding in an administrative hearing that the initial police contact was unconstitutional. HB 15-1073 states that a driver is not subject to license revocation when the underlying initial police contact is not found to be constitutionally valid.

01:39 PM -- Mr. Abraham Hutt, representing the Colorado Criminal Defense Bar, testified in support of the bill. Mr. Hutt explained the effect Supreme Court cases have had on challenges in administrative hearings covered by the bill, and stated that the bill would permit such challenges. In response to a question, Mr. Hutt discussed situations in which there may be conflicting decisions regarding constitutionality of law enforcement contacts in administrative hearings and criminal courts.






















01:45 PM

Senator Ulibarri provided closing remarks on the bill.
BILL:HB15-1073
TIME: 01:46:01 PM
MOVED:Guzman
MOTION:Refer House Bill 15-1073 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Cooke
Yes
Guzman
Yes
Merrifield
Yes
Lundberg
Yes
Roberts
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


01:46 PM -- SB15-217

Senator Roberts and Senator Cooke, co-prime sponsors, presented Senate Bill 15-217, concerning police shooting data collection. Senator Roberts explained that the bill requires data collection over a ten year period, which would allow for a proper evaluation of information, including studying trends. Senator Cooke stated that he was eager to hear testimony on the bill. Senator Roberts distributed amendment L.003 (Attachment A).

15SenateJud0325AttachA.pdf15SenateJud0325AttachA.pdf

01:51 PM -- Montrose County Sheriff Rick Dunlap, representing the Montrose County Sheriff's Office and the County Sheriffs of Colorado, testified in support of the bill. Sheriff Dunlap expressed support for the bill, and, responding to a question, stated that there would not be a great cost because he already maintained the data requested. The committee discussed the costs of collecting data.

01:55 PM -- Delta County Sheriff Fred McKee, representing the Delta County Sheriff's Office and the County Sheriffs of Colorado, testified in support of the bill. Sheriff McKee discussed how law enforcement agencies use data and analyze trends. He also discussed procedures and systems used by agencies to gather data.

01:56 PM -- Wheat Ridge Police Chief Daniel Brennan, representing the Colorado Municipal League and the Colorado Association of Chiefs of Police, testified in support of the bill. Chief Brennan stated that the bill would help citizens understand police actions, and that most organizations already collect data of the kind requested in the bill.







01:58 PM -- Mr. Tom Raynes, representing the Colorado District Attorneys' Council, testified in support of the bill. Mr. Raynes cited prior testimony with approval, and noted issues with finding the kinds of data requested under the bill. He said the bill would help compile the data in an easily accessible way.

02:00 PM -- Mr. Chris Andrist, representing the Colorado Department of Public Safety, testified in support of the bill. Mr. Andrist discussed data to be collected under the bill.

02:01 PM -- Mr. Mike Violetto, representing the Colorado Fraternal Order of Police, testified in support of the bill. Mr. Violetto stated that he supported the bill for the reasons explained in prior testimony.

Senator Roberts explained amendment L.003.
BILL:SB15-217
TIME: 02:03:16 PM
MOVED:Roberts
MOTION:Adopt amendment L.003 (Attachment A). The motion passed without objection.
SECONDED:
VOTE
Cooke
Guzman
Merrifield
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

BILL:SB15-217
TIME: 02:04:19 PM
MOVED:Roberts
MOTION:Refer Senate Bill 15-217, as amended, to the Committee on Appropriations. The motion passed on a vote of 4-0.
SECONDED:
VOTE
Cooke
Yes
Guzman
Excused
Merrifield
Yes
Lundberg
Yes
Roberts
Yes
YES: 4 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS





BILL:SB15-217
TIME: 02:48:57 PM
MOVED:Lundberg
MOTION:Reconsider the motion to refer Senate Bill 15-217, as amended, to the Committee on Appropriations. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Cooke
Yes
Guzman
Yes
Merrifield
Yes
Lundberg
Yes
Roberts
Yes
YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

BILL:SB15-217
TIME: 02:49:24 PM
MOVED:Roberts
MOTION:Refer Senate Bill 15-217, as amended, to the Committee on Appropriations. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Cooke
Yes
Guzman
Yes
Merrifield
Yes
Lundberg
Yes
Roberts
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


















02:05 PM -- SB15-218

Senator Roberts and Senator Cooke, co-prime sponsors, presented Senate Bill 15-218, concerning requiring law enforcement agencies to disclose whether a peace officer has made a knowing misrepresentation in certain settings. Senator Cooke discussed law enforcement officers generally, and then discussed reporting requirements under the bill. Senator Cooke explained that the bill would prevent law enforcement officers from moving to different agencies without the hiring agency knowing of the officer's prior actions.

02:09 PM -- Delta County Sheriff Fred McKee, representing the Delta County Sheriff's Office and the County Sheriffs of Colorado, testified in support of the bill. Sheriff McKee stated that medium sized agencies do not have the resources to conduct extensive background checks on applicants, so such departments rely on advice from former agencies instead. Sheriff McKee state his belief that referring agencies should be protected from liability so they may be open and honest in their referrals.

02:11 PM -- Montrose County Sheriff Rick Dunlap, representing the Montrose County Sheriff's Office and the County Sheriffs of Colorado, testified in support of the bill. Sheriff Dunlap discussed a situation involving discharging a person for making a false statement, and how such a person could be hired by another law enforcement agency.

02:12 PM -- Greenwood Village Chief of Police John Jackson, representing the Colorado Association of Chiefs of Police, the Colorado Municipal League, and the Colorado District Attorneys' Council, testified in support of the bill. Chief Jackson discussed the necessity of trust and cooperation between the police and the community. Chief Jackson discussed how the bill would prevent bad actors from moving from agency to agency, and stated that most agencies followed policies similar to that prescribed in the bill.


02:16 PM

Senator Roberts distributed amendment L.001 (Attachment B), amendment L.003 (Attachment C), amendment L.004 (Attachment D), amendment L.005 (Attachment E), and amendment L.007 (Attachment F). Senator Roberts explained amendment L.001.

15SenateJud0325AttachB.pdf15SenateJud0325AttachB.pdf 15SenateJud0325AttachC.pdf15SenateJud0325AttachC.pdf

15SenateJud0325AttachD.pdf15SenateJud0325AttachD.pdf 15SenateJud0325AttachE.pdf15SenateJud0325AttachE.pdf

15SenateJud0325AttachF.pdf15SenateJud0325AttachF.pdf
BILL:SB15-218
TIME: 02:18:48 PM
MOVED:Roberts
MOTION:Adopt amendment L.001 (Attachment B). The motion passed without objection.
SECONDED:
VOTE
Cooke
Guzman
Merrifield
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


Senator Roberts explained amendment L.003.
BILL:SB15-218
TIME: 02:20:14 PM
MOVED:Roberts
MOTION:Adopt amendment L.003 (Attachment C). The motion passed without objection.
SECONDED:
VOTE
Cooke
Guzman
Merrifield
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



















Senator Roberts explained amendment L.004.
BILL:SB15-218
TIME: 02:21:46 PM
MOVED:Roberts
MOTION:Adopt amendment L.004 (Attachment D). The motion passed without objection.
SECONDED:
VOTE
Cooke
Guzman
Merrifield
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


Senator Roberts explained amendment L.005.
BILL:SB15-218
TIME: 02:22:07 PM
MOVED:Roberts
MOTION:Adopt amendment L.005 (Attachment E). The motion passed without objection.
SECONDED:
VOTE
Cooke
Guzman
Merrifield
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

















Senator Roberts explained that amendment L.007 amends amendment L.001.
BILL:SB15-218
TIME: 02:24:24 PM
MOVED:Roberts
MOTION:Adopt amendment L.007 (Attachment F). The motion passed without objection.
SECONDED:
VOTE
Cooke
Guzman
Merrifield
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


02:24 PM

Senator Roberts and Senator Cooke provided closing remarks on the bill and asked for the committee's support. Senator Guzman commented on the bill and law enforcement, generally.
BILL:SB15-218
TIME: 02:27:24 PM
MOVED:Roberts
MOTION:Refer Senate Bill 15-218, as amended, to the Committee of the Whole. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Cooke
Yes
Guzman
Yes
Merrifield
Yes
Lundberg
Yes
Roberts
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


02:31 PM

The committee recessed.








02:31 PM -- SB15-219

The committee returned to order. Senator Roberts and Senator Cooke, co-prime sponsors, presented Senate Bill 15-219, concerning peace officer shooting transparency measures. Senator Cooke explained the provisions of the bill, including reporting requirements, and distributed amendment L.002 (Attachment G).

15SenateJud0325AttachG.pdf15SenateJud0325AttachG.pdf

02:32 PM -- Montrose County Sheriff Rick Dunlap, representing the Montrose County Sheriff's Office and the County Sheriffs of Colorado, testified in support of the bill. Sheriff Dunlap discussed establishing the Seventh Judicial District's critical incident investigative team in the 1990s, and overcoming opposition to creating the team. Sheriff Dunlap discussed procedures related to investigating officer involved shootings in the Seventh Judicial District.

02:34 PM -- Delta County Sheriff Fred McKee, representing the Delta County Sheriff's Office and the County Sheriffs of Colorado, testified in support of the bill. Sheriff McKee discussed how investigations are completed.

02:37 PM -- Mr. Tom Raynes, representing the Colorado District Attorneys' Council, testified in support of the bill. Mr. Raynes stated his support for the disclosure required by the bill, and discussed amendment L.002. The committee discussed the amendment.

02:40 PM -- Wheat Ridge Chief of Police Daniel Brennan, representing the Colorado Association of Chiefs of Police and the Colorado Municipal League, testified in support of the bill. Chief Brennan discussed multi-jurisdictional shoot teams, and stated that the bill aids in fostering transparency and trust.




























02:43 PM

Senator Cooke recited written testimony from Blackhawk Police Lieutenant Ken Lloyd and provided closing remarks on the bill.
BILL:SB15-219
TIME: 02:45:59 PM
MOVED:Cooke
MOTION:Adopt amendment L.002 (Attachment G). The motion passed without objection.
SECONDED:
VOTE
Cooke
Guzman
Merrifield
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


02:47 PM

The committee recessed.


02:47 PM

The committee came back to order.
BILL:SB15-219
TIME: 02:48:07 PM
MOVED:Cooke
MOTION:Refer Senate Bill 15-219, as amended, to the Committee of the Whole. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Cooke
Yes
Guzman
Yes
Merrifield
Yes
Lundberg
Yes
Roberts
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS






02:50 PM -- SB15-221

Senator Cooke, sponsor, presented Senate Bill 15-221, concerning public transit officers. Senator Cooke explained that the bill does not expand authority or power of the Regional Transportation District (RTD). He stated that RTD contracts with municipalities and sheriff's offices to use peace officers to work as transit authority officers, but these officers only have authority in their peace officer jurisdiction. Senator Cooke explained that the bill would allow contracted officers to retain state powers outside of their peace officer jurisdictions when serving as a transit authority officer.

02:53 PM -- RTD Transit Police Chief John Tarbert, representing himself, testified in support of the bill. Chief Tarbert, stated the reasons that RTD needs safety officers on vehicles and the issues that arise when vehicles move between jurisdictions.

02:54 PM -- Greenwood Village Police Chief John Jackson, representing the Colorado Association of Chiefs of Police, testified in support of the bill. Chief Jackson stated that the bill is needed so that officers can stay on busses and trains that cross jurisdictional lines and public transit can remain safe. In response to a question, Chief Jackson discussed the types of events that cause safety concerns on public transit.


02:59 PM

Senator Cooke provided closing remarks on the bill and asked for the committee's support.
BILL:SB15-221
TIME: 03:00:19 PM
MOVED:Cooke
MOTION:Refer Senate Bill 15-221 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Cooke
Yes
Guzman
Yes
Merrifield
Yes
Lundberg
Yes
Roberts
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS















03:00 PM -- SB15-203

Senator Cooke, sponsor, presented Senate Bill 15-203, concerning continuation of the regulation of the debt-management providers by the Attorney General, and, in connection therewith, implementing the recommendations of the 2014 sunset report by the Department of Regulatory Agencies (DORA). Senator Cooke distributed amendment L.002 (Attachment H). Senator Cooke explained the amendment.

15SenateJud0325AttachH.pdf15SenateJud0325AttachH.pdf

03:03 PM -- Mr. Jason Dunn, representing the American Fair Credit Counsel, testified in opposition to the bill, as introduced. Mr. Dunn discussed the existing scheme and stated that it is working well, and should not be changed, but that they could support the bill if amended by amendment L.002.

03:06 PM -- Mr. Rich Jones, representing The Bell Policy Center, testified in support of the bill. Mr. Jones stated that continued regulation helps protect consumers. Mr. Jones also stated that the recommendations from DORA would help strengthen regulations and protect consumers. In response to a question, Mr. Jones clarified that he supported the bill as introduced, did not support amendment L.002, but would continue to support the bill if amended.

03:09 PM -- Ms. Leslie Parrish, representing the Center for Responsible Lending, testified in support of the bill. Ms. Parrish discussed concerns for creditors, including rising debt balances during the debt settlement process, not knowing that many creditors will not work with debt settlement companies, the threat of lawsuits from creditors, and fees under credit consolidation settlements.

Representatives from DORA and the Attorney General's Office made themselves available for questions. There were no questions from the committee.


03:12 PM

Senator Cooke provided closing remarks on the bill.
BILL:SB15-203
TIME: 03:14:01 PM
MOVED:Cooke
MOTION:Adopt amendment L.002 (attachment H). The motion passed without objection.
SECONDED:
VOTE
Cooke
Guzman
Merrifield
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





BILL:SB15-203
TIME: 03:14:26 PM
MOVED:Cooke
MOTION:Refer Senate Bill 15-203, as amended, to the Committee on Appropriations. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Cooke
Yes
Guzman
Yes
Merrifield
Yes
Lundberg
Yes
Roberts
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


03:14 PM

The committee adjourned.