Date: 04/02/2015

Final
BILL SUMMARY for HB15-1286

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Adopt amendment L.001 (Attachment G). The motion f
Refer House Bill 15-1286 to the Committee of the W		FAIL
PASS



08:28 PM -- HB15-1286

The committee took a brief recess.


08:36 PM

The committee returned to order. Representatives Kagan and Salazar, co-prime sponsors, presented House Bill 15-1286. This bill allows the court to require prosecution in an alleged offense that involves police misconduct resulting in serious bodily injury or death if it finds that the prosecuting attorney's decision not to prosecute was an abuse of discretion.


08:49 PM

Representative Kagan discussed case law regarding an improper influence of judicial discretion at length. Representative Salazar spoke about the practical application of the bill.

08:54 PM -- Mr. Tom Raynes, representing the Colorado District Attorneys' Council, spoke in opposition to the bill as introduced. Mr. Raynes talked about amendment L.001 (Attachment G). He discussed the relationship between prosecutors and law enforcement officers. He indicated that current law covers the problem addressed by the bill. He responded to questions from the committee.

15HouseJud0402AttachG.pdf15HouseJud0402AttachG.pdf

09:03 PM

Discussion ensued about whether current law allows for judicial review of prosecutorial decisions.


09:09 PM

Discussion continued.

09:16 PM -- Mr. Alex Landau, representing himself, spoke in favor of the bill. Mr. Landau suggested language to be added to the bill. He discussed a number of incidents in Denver involving alleged police misconduct and lack of prosecution of those officers.

09:20 PM -- Ms. Julie Gonzales, representing the Colorado Latino Forum, spoke in favor of the bill. Ms. Gonzales discussed alleged patterns and practices of police and prosecutorial discretion.

09:21 PM -- Mr. Robert Lopez, representing himself, spoke in favor of the bill. Mr. Lopez discussed his experience with police brutality. He expressed his desire to include an independent monitor to review police misconduct cases.

09:23 PM -- Ms. Valerie Schlecht, representing herself, spoke in favor of the bill. Ms. Schlecht discussed the Marvin Booker case.

09:26 PM -- Brother Jeff Fard, representing himself, spoke in favor of the bill.

09:30 PM -- Mr. Michael Dohr, representing the Office of Legislative Legal Services, responded to questions about the various standards for an abuse of discretion by a prosecutor.


09:37 PM

Discussion of the various burden of proof standards continued.
BILL:HB15-1286
TIME: 09:40:56 PM
MOVED:Lawrence
MOTION:Adopt amendment L.001 (Attachment G). The motion failed on a vote of 4-7.
SECONDED:Pettersen
VOTE
Buckner
No
Carver
Excused
Court
No
Dore
Yes
Foote
No
Lawrence
Yes
Lundeen
Yes
Pettersen
No
Salazar
No
Van Winkle
Yes
Willett
Excused
Lee
No
Kagan
No
YES: 4 NO: 7 EXC: 2 ABS: 0 FINAL ACTION: FAIL


BILL:HB15-1286
TIME: 09:48:51 PM
MOVED:Kagan
MOTION:Refer House Bill 15-1286 to the Committee of the Whole. The motion passed on a vote of 7-4.
SECONDED:Salazar
VOTE
Buckner
Yes
Carver
Excused
Court
Yes
Dore
No
Foote
Yes
Lawrence
No
Lundeen
No
Pettersen
Yes
Salazar
Yes
Van Winkle
No
Willett
Excused
Lee
Yes
Kagan
Yes
Final YES: 7 NO: 4 EXC: 2 ABS: 0 FINAL ACTION: PASS



09:48 PM

The committee adjourned.