Date: 04/27/2015

Final
BILL SUMMARY for HB15-1290

SENATE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Refer House Bill 15-1290 to the Committee of the WPASS



03:29 PM -- HB15-1290

Senator Guzman, sponsor, presented House Bill 15-1290, concerning prohibiting a peace officer from interfering with a person lawfully recording a peace officer-involved incident. Senator Guzman explained the provisions of the bill. She also discussed remedies available under the bill.

03:33 PM -- Mr. Benjamin Donegan, representing himself, testified in support of the bill. Mr. Donegan discussed the economic effects of police interactions with the public. He stated how recording police changes the economic impact, and discussed studies of the effect of recording on police actions.

03:37 PM -- Ms. Mari Neuman, representing the Colorado Bar Association and the Colorado Trial Lawyers Association, testified in support of the bill. Ms. Neuman stated that the bill provides accountability and rebuilds trust between the public and law enforcement. Ms. Neuman discussed her experience with citizens who have claimed that police harassed them when they attempted to record police actions. Ms. Neuman stated that it was important to maintain all of the provisions currently in the bill.

03:40 PM -- Pueblo County Sheriff Kirk Taylor, representing the County Sheriffs of Colorado, testified in support of the bill. Sheriff Taylor stated that law enforcement has some concerns on the bill, and mentioned a possible forthcoming amendment. He stated that the bill is conceptually good, and that no officer should mind being filmed. In response to a committee question, Sheriff Taylor clarified his concerns.

03:43 PM -- Ms. Denise Maes, representing the American Civil Liberties Union, testified in support of the bill. Ms. Maes stated that there is a constitutional right to record police and other government officials. She stated rules surrounding police and the search and seizure of cellular phones and other items. Ms. Maes asked the committee to support the bill as written.


03:47 PM

Senator Cooke distributed amendment L.015 (Attachment B).

15SenateJud0427AttachB.pdf15SenateJud0427AttachB.pdf

03:47 PM -- Mr. Tom Raynes, representing the Colorado District Attorneys' Council, testified in support of the bill with an amendment. Mr. Raynes discussed amendment L.015. Mr. Raynes stated that the amendment would remove from the bill a right of recovery for an individual as a result of certain peace officer actions. The committee discussed the amendment.

03:54 PM -- Mr. T.H. Mack, Sr., representing himself, testified in support of the bill. Mr. Mack stated that he supported the bill as written. He commented on prior testimony and stated that duplication within the law would not be of consequence. Mr. Mack explained that the committee should be responsive to concerns of constituents.

03:56 PM -- Mr. Greg Romberg, representing the Colorado Press Association and the Colorado Broadcasters Association, testified in support of the bill. He stated that he supported the bill and that it was important that citizens be able to record the police in public.

03:58 PM -- Mr. Alex Landau, representing the Colorado Progressive Coalition, testified in support of the bill. Mr. Landau stated that he opposed amendment L.015. He discussed instances of interaction between police and citizens and the need to build relationships between community and police. He stated that the bill will not prevent all violence, but that it is a step in the right direction.

04:00 PM -- Mr. Robert Lopez, representing the Colorado Progressive Coalition and the Colorado Latino Forum, testified in support of the bill. Mr. Lopez stated that he supports the bill and opposes the previously discussed amendment. Mr. Lopez discussed provisions of the bill and his reasons for opposing the amendment. Mr. Lopez stated that the bill helps hold law enforcement officers accountable. He also discussed his experiences recording police officers.


04:03 PM

Senator Guzman discussed amendment L.015. Senator Lundberg commented on the amendment.
BILL:HB15-1290
TIME: 04:06:36 PM
MOVED:Guzman
MOTION:Refer House Bill 15-1290 to the Committee of the Whole. The motion passed on a vote of 4-0, with 1 excused.
SECONDED:
VOTE
Cooke
Yes
Guzman
Yes
Merrifield
Yes
Lundberg
Yes
Roberts
Excused
Final YES: 4 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS



04:07 PM

The committee adjourned.