Date: 03/25/2015

Final
BILL SUMMARY for HB15-1073

SENATE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Refer House Bill 15-1073 to the Committee of the WPASS



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