Bill Summary for Bill Number HB15-1288

Date: 04/02/2015

Final
BILL SUMMARY for HB15-1288

HOUSE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Adopt a conceptual amendment to amendment L.001, s Adopt a conceptual amendment to the printed bill, Adopt amendment L.001 (Attachment C), as amended. Adopt amendment L.002 (Attachment B). The motion p Refer House Bill 15-1288, as amended, to the Commi	Pass Without Objection Pass Without Objection Pass Without Objection PASS

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.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.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