Date: 03/31/2015

Final
BILL SUMMARY for HB15-1289

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Adopt amendment L.004 (Attachment H). The motion p
Refer House Bill 15-1289, as amended, to the Commi		Pass Without Objection
PASS



08:33 PM -- HB15-1289

Representatives Salazar and Everett, prime sponsors, presented House Bill 15-1289, concerning criminal charges based on a violation of an unlawful order. Representative Salazar explained the genesis of the legislation, and discussed the need for it. Representative Everett provided further information on the bill's creation. Representative Salazar explained the effect of amendment L.003 (Attachment G).

15HouseJud0331AttachG.pdf15HouseJud0331AttachG.pdf

08:40 PM

The following persons testified regarding HB 15-1289:

08:41 PM -- Sheriff Chad Day, representing the County Sheriffs of Colorado, testified in opposition to the bill. Sheriff Day discussed the reimbursement requirements of the bill, and suggested that the bill is not necessary. Sheriff Day responded to questions regarding the types of fees that would be reimbursed under the bill. Discussion ensued regarding the remedies available to a person who is unlawfully charged, as compared to a person who is found not guilty of a crime. Discussion followed regarding a fact pattern that involved an unlawful order issued by a police officer, and the impact of the incident.


08:53 PM

Discussion ensued regarding the difference between the detainment of an individual under an unlawful order and a false arrest, and jurisprudence in the area of unlawful orders. Discussion returned to the fact pattern recited previously. Representative Salazar recited a fact pattern concerning an unlawful order. Representatives Salazar and Willett discussed the impact of amendment L.003.


09:08 PM

Representative Everett responded to questions regarding the restrictiveness of defining "unlawful order" in the bill.

09:09 PM -- Mr. Mike Violette, representing the Fraternal Order of Police, testified in opposition to the bill. Mr. Violette explained that amendment L.003 improves the bill, and discussed certain potential constitutional issues with the bill. Mr. Violette discussed sanctions that police face when they commit violations and crimes while performing their duties.

09:12 PM -- Mr. Thor Eells, representing the Colorado Association of Chiefs of Police, testified in opposition to the bill. Mr. Eells suggested that finding a police officer has issued an unlawful order constitutes hindsight, and asked what constitutes a lawful or unlawful order. Mr. Eells noted additional concerns with the bill. Mr. Eells noted that the Department of Public Safety opposes the bill, and suggested that the bill serves no purpose.

09:19 PM -- Chief John Jackson, representing the Colorado Association of Chiefs of Police, testified in opposition to the bill. Chief Jackson discussed claims made at a stakeholder meeting on the bill in which he participated, and explained that the remedies sought under the bill are already in place. Chief Jackson said the bill does not address a training issue, and questioned the clarifying effect of the bill in terms of jurisprudence. Chief Jackson responded to questions regarding his position on amendment L.003, and the elements that would need to be satisfied for the sanctions of the bill to be triggered.


09:29 PM

Representative Salazar rebutted portions of Chief Jackson's testimony. Discussion ensued regarding the cause of action created by the bill, and lawful orders under the Uniform Military Code of Justice. Discussion followed regarding what constitutes an unlawful order with the application of amendment L.003.

09:41 PM -- Mr. Rich Orman and Mr. Mark Hurlbert, representing the Eighteenth Judicial District and the Colorado District Attorneys' Council, testified in opposition to the bill. Mr. Hurlbert discussed the punitive nature of the bill toward law enforcement, and discussed the origins of a federal §1983 action. Mr. Hurlbert discussed the repercussions that police officers face for issuing unlawful orders under current law, and explained why the bill is unnecessary. Mr. Hurlbert discussed the provision of attorneys' fees under the bill, and explained that the bill does nothing in the area of police officer training. Mr. Hurlbert responded to questions regarding the fairness of being reimbursed for illegitimately incurred costs under the bill. Representative Salazar explained how attorneys' fees are assessed.


09:49 PM

Mr. Orman discussed the genesis of HB 15-1289, and explained why he feels the bill is unfixable.

09:54 PM -- Ms. Meghan Dollar, representing the Colorado Municipal League, testified in opposition to the bill. Ms. Dollar questioned how the bill's provisions would be followed.
BILL:HB15-1289
TIME: 09:57:52 PM
MOVED:Willett
MOTION:Adopt amendment L.004 (Attachment H). The motion passed without objection.
15HouseJud0331AttachH.pdf15HouseJud0331AttachH.pdf
SECONDED:Dore
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


09:59 PM

Representatives Salazar and Everett provided closing remarks in support of HB 15-1289.
BILL:HB15-1289
TIME: 10:00:18 PM
MOVED:Salazar
MOTION:Refer House Bill 15-1289, as amended, to the Committee of the Whole. The motion passed on a vote of 7-6.
SECONDED:Pettersen
VOTE
Buckner
Yes
Carver
No
Court
Yes
Dore
Yes
Foote
No
Lawrence
No
Lundeen
Yes
Pettersen
Yes
Salazar
Yes
Van Winkle
Yes
Willett
No
Lee
No
Kagan
No
Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS



10:07 PM

The committee adjourned.