Date: 04/29/2015

Final
BILL SUMMARY for HB15-1288

SENATE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Postpone House Bill 15-1288 indefinitely using a r
Refer House Bill 15-1288 to the Committee of the W		PASS
FAIL



03:03 PM -- HB15-1288

Senator Carroll, sponsor, presented House Bill 15-1288, concerning updates to the statutory prohibition on profiling. Senator Carroll distributed information to the committee regarding arrest rates (Attachments B and C), and explained those statistics. She explained the provisions of the bill.

15SenateJud0429AttachB.pdf15SenateJud0429AttachB.pdf 15SenateJud0429AttachC.pdf15SenateJud0429AttachC.pdf

03:10 PM -- Reverend Dawn Riley Duval, representing herself, testified in support of the bill. Rev. Duval discussed violence and protests currently taking place in the United States, including in Colorado. She stated that racial profiling happens, even when there is an absence of intentional racism. She stated that the bill will help rebuild trust between police and citizens, and helps end racial profiling.

03:13 PM -- Mr. Steve Bailey, representing himself, testified in support of the bill. Mr. Bailey discussed statements made by the Fraternal Order of Police. He also discussed instances relating to racial profiling by law enforcement.

03:18 PM -- Ms. Michele Wheeler, representing herself, testified in support of the bill. Ms. Wheeler discussed her experience discussing racial profiling with law enforcement officers, including participation in community meetings where racial profiling was discussed.

03:21 PM -- Mr. John Ferguson, representing the Stonewall Democrats of Colorado, testified in support of the bill. Mr. Ferguson discussed his encounters with Denver police officers, and stated that such experiences are different for white people than for people of color.

03:24 PM -- Ms. Lisa Calderon, representing the Denver chapter of the Colorado Latino Forum, testified in support of the bill. Ms. Calderon discussed her son's experiences with law enforcement, and steps taken to help ensure his safety. She provided information related to police interpretations of people of color. She also provided information related to the cost of such profiling. In response to the committee, Ms. Calderon discussed what she believes would improve situations involving racial profiling, including accountability for mistreatment.

03:29 PM -- Ms. Valerie Schlecht, representing the Colorado Cross-Disability Coalition, testified in support of the bill. Ms. Schlecht discussed actions that may result in violence.

03:31 PM -- Mr. Iroy Jackson, representing himself, testified in support of the bill. Mr. Jackson discussed his interactions with law enforcement, and stated that he believes he is pulled over because of his race, attire, or other reasons unrelated to his actions.

03:35 PM -- Ms. Sondra Young, representing the Denver chapter of the National Association for the Advancement of Colored People, testified in support of the bill. Ms. Young stated a belief in fairness, and that racial profiling was not fair. She discussed the importance of trust between police and communities. She also discussed her son's experiences being pulled over by law enforcement while driving.

03:37 PM -- Mr. Robert Lopez, representing the Colorado Progressive Coalition and the Colorado Latino Fund, testified in support of the bill. Mr. Lopez stated that racial profiling does occur. Mr. Lopez discussed his experience with racial profiling and the ability to file complaints for such law enforcement actions. He provided the committee information relating to racial profiling.

03:39 PM -- Ms. Mary Patrick, representing the Drug Policy Alliance, testified in support of the bill. Ms. Patrick provided information relating to race and law enforcement in Denver. She stated that data showed a systemic racial profiling problem, and that the committee should act.

03:42 PM -- Brother Jeff Fard, representing Community, testified in support of the bill. Brother Jeff recounted conversations he has had with law enforcement related to crime and race. He stated that he believes law enforcement does not condone racial profiling, but that it does occur. Brother Jeff also discussed interactions with law enforcement for people of different races.

03:45 PM -- Pastor Terrence Hughes, representing the Greater Metro Denver Ministerial Alliance, testified in support of the bill. Pastor Hughes discussed his experiences with racial profiling. He also discussed instances that others have had with law enforcement.

03:49 PM -- Mr. Vincent Bowen, representing himself, testified in support of the bill. Mr. Bowen, referencing a prior bill, stated that people of color do not know what the rules are going to be for traffic stops. He stated that the legislature should acknowledge there is a racial profiling problem, and that it should enact HB 15-1288 to remedy the problem. In response to the committee, Mr. Bowen stated that the bill would allow everyone to be a part of the community.

03:52 PM -- Ms. Sophia Carmela San Miguel, representing herself, testified in support of the bill. Ms. Miguel discussed the importance of racial profiling as an issue. She also discussed her experiences receiving traffic tickets.

03:55 PM -- Ms. Bianca Pullen, representing herself, testified in support of the bill. Ms. Pullen stated that she was frightened for her family. She said that education and wealth are not protective, and some police actions may be based more on race than other factors.

03:58 PM -- Ms. Elizabeth Epps, representing herself, testified in support of the bill. Ms. Epps discussed the House committee hearing on the bill, including arguments made by opponents of the bill. She also discussed statements made by the Colorado Fraternal Order of Police concerning the bill. Ms. Epps discussed anticipated testimony in opposition to the bill.

04:02 PM -- Mr. Art Way, representing the Drug Policy Alliance, testified in support of the bill. Mr. Way discussed the power of law enforcement officers and constitutional concerns. He stated that increased jailing has resulted in a decrease of federal Fourth Amendment ("Fourth Amendment") protections, specifically in neighborhoods of color. Senator Lundberg, Mr. Way, and Senator Carroll discussed constitutional concerns.


04:12 PM

Senator Lundberg and Senator Carroll continued to discuss Fourth Amendment concerns and police training.

04:15 PM -- Mr. Jason Warf, representing the Southern Colorado Cannabis Council, testified in support of the bill. Mr. Warf discussed law enforcement, generally, and racial disparities in drug-related arrests. Mr. Warf also discussed the Fourth Amendment, and explained personal experiences.

04:19 PM -- Mr. Mark Hurlbert, representing the Colorado District Attorneys' Council, testified in opposition to the bill. Mr. Hurlbert discussed his opposition to racial profiling, but stated that there is an existing process to complain about racial profiling and remedies are available. He stated that he does not have a solution to racial profiling. Mr. Hurlbert discussed specific provisions of the bill. In response to the committee, Mr. Hurlbert discussed recent instances of police violence nationwide.

04:24 PM -- Ms. Meghan Dollar, representing the Colorado Municipal League, testified in opposition to the bill. Ms. Dollar stated that the bill could cause confusion for law enforcement. In response to the committee, Ms. Dollar stated that law enforcement representatives could discuss specific provisions of the bill that are problematic.

04:26 PM -- Pastor Garcia, representing Ambassadors for Christ Ministries, testified in support of the bill. He noted approval of prior testimony.

04:28 PM -- Ms. Arnetta Koger, representing herself, testified in support of the bill. Ms. Koger provided information from a study of law enforcement actions as it may relate to racial profiling. She noted a lack of race-related data gathered by law enforcement agencies in Colorado. Ms. Koger stated that racial profiling is an impediment to racial equality and discussed further reasons to oppose racial profiling.

04:30 PM -- Greenwood Village Police Chief John Jackson, representing the Colorado Association of Chiefs of Police, testified in opposition to the bill. Chief Jackson stated that he does not support racial profiling. He stated that there are current laws that prohibit racial profiling, and that all citizens' constitutional rights should be protected. He stated that HB 15-1288 does not solve any problems, and that terms in the bill are confusing. He discussed law enforcement interactions that may be affected by the bill, and stated that training would help solve racial profiling issues. In response to the committee, Chief Jackson further discussed why racial profiling occurs and stated that it is a law enforcement leadership, culture, and training issue. He stated that the bill would not solve these issues. He also discussed the effect of officer hiring on law enforcement performance.


04:40 PM

Chief Jackson discussed an interim study committee approved by the Legislative Council, and the role of the Colorado Association of Chiefs of Police with that committee.

04:41 PM -- Larimer County Sheriff Justin Smith, representing the County Sheriffs of Colorado, testified in opposition to the bill. Sheriff Smith discussed a lack of clarity in the bill. He discussed specific incidents concerning law enforcement actions following assaults.

04:45 PM -- Major Matt Packard, representing the Colorado State Patrol, testified in opposition to the bill. Major Packard stated that the bill does not permit casual contacts by law enforcement. He also discussed training for traffic stops, and stated that the bill removes the ability to engage in questioning concerning serious crimes.

04:48 PM -- Mr. Tom Raynes, representing the Colorado District Attorneys' Council, testified in opposition to the bill. Mr. Raynes discussed his experiences concerning racism and violence. He stated that the bill does not prevent racial profiling, and that a task force would help solve the issue. He said the bill's provisions reflect what is already current law.

04:52 PM -- Reverend Quincy Shannon, representing himself, testified in support of the bill. Mr. Shannon discussed his experiences as a child, and his experience filming law enforcement.

04:56 PM -- Pastor Patrick Demmer, representing the Greater Metro Denver Ministerial Alliance, testified in support of the bill. Pastor Demmer discussed his experiences with law enforcement, including traffic stops and vehicle searches.


04:59 PM

Senator Carroll provided closing remarks on the bill and asked for the committee's support. Committee members discussed their positions of the bill.


05:09 PM

Committee members continued to discuss their positions on the bill.
BILL:HB15-1288
TIME: 05:11:39 PM
MOVED:Guzman
MOTION:Refer House Bill 15-1288 to the Committee of the Whole. The motion failed on a vote of 2-3.
SECONDED:
VOTE
Cooke
No
Guzman
Yes
Merrifield
Yes
Lundberg
No
Roberts
No
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:HB15-1288
TIME: 05:12:17 PM
MOVED:Lundberg
MOTION:Postpone House Bill 15-1288 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely. The motion passed 3-2.
SECONDED:
VOTE
Cooke
Yes
Guzman
No
Merrifield
No
Lundberg
Yes
Roberts
Yes
Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS



05:12 PM

The committee recessed.