Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON JUDICIARY

Date:04/27/2015
ATTENDANCE
Time:02:30 PM to 04:07 PM
Cooke
*
Guzman
X
Place:SCR 352
Merrifield
X
Lundberg
X
This Meeting was called to order by
Roberts
X
Senator Roberts
This Report was prepared by
Conrad Imel
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB15-1285
HB15-1287
HB15-1290		Referred to Appropriations
Amended, Referred to Appropriations
Referred to the Committee of the Whole


02:30 PM -- HB15-1285

Senator Roberts, chair, called the committee to order. Senator Ulibarri, co-prime sponsor, presented House Bill 15-1285, concerning the use of body-worn cameras by law enforcement officers, and establishing a grant program and a study group to recommend policies on the use of body-worn cameras. Senator Ulibarri stated that body-worn cameras help create a record of events and resolve disputes between law enforcement and the public. Senator Cooke, co-prime sponsor, stated he would hold his comments for his closing remarks.

02:32 PM -- Ms. Mari Neuman, representing the Colorado Bar Association and the Colorado Trial Lawyers Association, testified in support of the bill. Ms. Neuman discussed the bi-partisan nature of the bill and the benefits of recording police actions. She stated that it would help courts to have video evidence of such interactions, and discussed specific cases that involved recordings. In response to committee questions, Ms. Neuman continued to discuss the benefits of recording, stated that citizens are accustomed to being recorded in public, and discussed privacy concerns related to recording in private homes.


02:38 PM

Senator Roberts announced the procedures that would be used for public testimony. Senator Lundberg and Ms. Neuman continued to discuss privacy concerns, including open records requests relating to body-worn cameras. Senator Cooke and the committee discussed recording in private homes.

02:43 PM -- Ms. Jeanne Smith, representing the Colorado Department of Public Safety, testified in support of the bill. Ms. Smith discussed the study group created by the bill, including funding for the group. Ms. Smith stated that the Colorado District Attorneys' Council supports the bill.







02:45 PM -- Pueblo County Sheriff Kirk Taylor, representing the County Sheriffs of Colorado, testified in support of the bill. He stated his support for the bill.

02:45 PM -- Ms. Annemarie Jensen, representing the Colorado Association of Chiefs of Police, testified in support of the bill. Ms. Jensen discussed the benefits and reasons for the task force created by the bill, and amendments she would like made to the bill concerning law enforcement policies. Senator Cooke and Ms. Jensen discussed the task force.

02:50 PM -- Mr. T.H. Mack, Sr., representing himself, testified in support of the bill. Mr. Mack stated that the bill is good for the public, and that it protects officers and members of the public. He stated that body cameras should be on at all times, and not only during selective interactions.

02:52 PM -- Brother Jeff Fard, representing Brother Jeff's Cultural Center, testified in support of the bill. Brother Jeff stated that interested parties have worked to find common ground on the bill. He stated he supports the bill because it protects both citizens and officers in cases of false accusations.

02:54 PM -- Ms. Denise Maes, representing the American Civil Liberties Union, testified in support of the bill. Ms. Maes stated that police body cameras allow the public to record the government. She stated that such recordings will promote police accountability, deter misconduct, and provide evidence to resolve complaints against the police. She further stated that the bill was structured in a way that would allow for receipt of federal grant money. Ms. Maes discussed privacy concerns and law enforcement policies. The committee and Ms. Maes discussed citizen recording of law enforcement incidents.

02:59 PM -- Mr. Greg Romberg, representing the Colorado Broadcasters Association and the Colorado Press Association, testified in support of the bill. Mr. Romberg discussed access to recordings by body-worn cameras.


03:01 PM

Senator Cooke and Senator Ulibarri each provided closing remarks on the bill.


03:03 PM

The committee recessed.




















03:06 PM

Senator Roberts called the committee back to order.
BILL:HB15-1285
TIME: 03:06:44 PM
MOVED:Cooke
MOTION:Refer House Bill 15-1285 to the Committee on Appropriations. The motion passed on a vote of 4-0, with 1 excused.
SECONDED:
VOTE
Cooke
Yes
Guzman
Excused
Merrifield
Yes
Lundberg
Yes
Roberts
Yes
Final YES: 4 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


03:07 PM -- HB15-1287

 Senator Cooke, sponsor, presented House Bill 15-1287, concerning measures to improve peace officer training. Senator Cooke discussed his reasons for sponsoring the bill. He explained the bill and a forthcoming amendment.

03:10 PM -- Pueblo County Sheriff Kirk Taylor, representing the County Sheriffs of Colorado, testified on the bill. Sheriff Taylor stated certain objections to the bill, specifically his opposition to Peace Officer Standards and Training Board (P.O.S.T. Board) membership composition.


03:12 PM

Senator Cooke distributed and explained amendment L.004 (Attachment A). The committee discussed the fiscal impact of the amendment.

15SenateJud0427AttachA.pdf15SenateJud0427AttachA.pdf

03:18 PM -- Ms. Denise Maes, representing the American Civil Liberties Union, testified in support of the bill. Ms. Maes stated that recent violence was not the cause of explicit racism, and that improved training will help reduce violence.







03:20 PM -- Ms. Annemarie Jensen, representing the Colorado Association of Chiefs of Police, testified in support of the bill. Ms. Jensen stated that training is important to build trust between police and the public, and stated some concerns with finding members of the public with the required expertise to serve in positions created by the bill.

03:22 PM -- Mr. T.H. Mack, Sr., representing himself, testified in support of the bill. Mr. Mack stated he did not think it would be difficult to find experts to serve on the P.O.S.T. Board, and that the bill helps improve relationships between police and the community.

03:24 PM -- Mr. Mari Neuman, representing the Colorado Trial Lawyers Association, testified in support of the bill. Ms. Neuman stated that training was good for law enforcement because it improves their ability to perform their jobs and helps regain public trust. She also stated that the public benefits from such training. She also discussed specific training as it relates to recent cases in Colorado.


03:26 PM

Senator Cooke noted that a representative from the Attorney General's Office was available for questions and that the Attorney General's Office supports the bill. There were no questions. Senator Cooke provided closing remarks on the bill.
BILL:HB15-1287
TIME: 03:28:44 PM
MOVED:Cooke
MOTION:Adopt amendment L.004 (attachment A). The motion passed without objection.
SECONDED:
VOTE
Cooke
Guzman
Merrifield
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
















BILL:HB15-1287
TIME: 03:28:59 PM
MOVED:Cooke
MOTION:Refer House Bill 15-1287, as amended, to the Committee on Appropriations. 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


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.