Bill Summary for Bill Number SB06-090

Date: 03/01/2006

Final
BILL SUMMARY for SB06-090

SENATE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Moved prepared amendment L.003 (Attachment G) and Moved the Wiens conceptual amendment (Attachment H Refer Senate Bill 06-090 to the Committee of the W	PASS Pass Without Objection PASS

03:57 PM -- Senate Bill 06-090

Senator Wiens, prime sponsor, presented Senate Bill 06-090 concerning local government cooperation with federal officials regarding the immigration status of persons in this state. The bill prohibits local governments from passing any ordinance or policy that would prohibit a police officer, local official, or local government employee from cooperating with federal officials with regard to the immigration status of a person within the state. It requires a police officer, local official, or local government employee who has probable cause to believe that a person is not legally present in the United States to report the person to the Federal Immigration and Customs Enforcement Office.

04:03 PM -- Glen Colton, private citizen, spoke in support of the bill. Mr. Colton spoke about the impact of mass immigration on Northern Colorado. He stated his strong opposition to creating sanctuaries for undocumented immigrants. He provided some statistics about undocumented immigrants in Colorado and the United States. Mr. Colton stated his belief that this bill would create a safer environment by empowering peace officers to take action against criminals who are illegal immigrants. He responded to some possible opposition talking points on the bill.

04:10 PM -- Tim Wunsch, private citizen, spoke in support of the bill. Mr. Wunsch reiterated the testimony of the prior witness.

04:12 PM -- Twanna LaTrice Hill, Colorado Coalition Against Domestic Violence, stated her concerns about the bill. Ms. LaTrice Hill discussed the fact that the fear of being reported to immigration officials often keeps domestic violence victims from seeking assistance from law enforcement. She also mentioned that witnesses to crimes could be afraid of coming forward for fear that they will be deported. Ms. LaTrice Hill discussed the issue of dual arrests in cases of domestic violence in response to questions from the committee.

04:20 PM -- Tom Linn, private citizen, spoke in support of the bill. Mr. Linn provided police department records to the committee to illustrate his testimony (Attachment C). He told the story of an automobile accident between Mrs. Linn and an undocumented immigrant. He asked the committee to use their authority to protect legal citizens.

04:27 PM -- Adrienne Benevides, Colorado Hispanic Bar Association, spoke in opposition to the bill. Ms. Benevides stated that this bill turns every government employee into a defacto agent for the Federal Immigration and Customs Enforcement Office. She pointed out that any city with a written sanctuary policy would be in violation of federal law. Ms. Benevides discussed the broken immigration system in the United States and how that has nothing to do with sanctuary policies. She provided an executive order from the mayor of Denver to illustrate the fact that Denver does not have a sanctuary policy (Attachment D).

04:31 PM -- Carrie Cortiglio, Health District of Northern Larimer County, spoke in opposition to the bill. Ms. Cortiglio stated her concern that this bill could inhibit a health district's ability to respond to public health outbreaks. She did state that she would support the bill with a potential amendment.

04:33 PM -- Heather Cloogan, Colorado Police Chiefs Association, took a neutral position on the bill. Chief Cloogan does support the language in prepared amendment L.003. She stated that the bill, as written, would potentially overwhelm police officers.

04:36 PM -- Dave Rupert, private citizen, spoke in support of the bill. Mr. Rupert discussed the problems of illegal immigration, including drug trafficking and health problems. He stated that not enforcing the law leads to anarchy and that is detrimental to legal citizens.

04:43 PM -- Mark O'Brien, Coloradans for Immigrant Rights, spoke in opposition to the bill. Mr. O'Brien sees this bill as unnecessary and prejudicial. He stated that sanctuary policies are a myth that causes harm. He admitted the existence of an immigration problem, but does not believe this bill does anything to solve that problem. Mr. O'Brien expressed concern that this bill would overwhelm police officers.

04:53 PM -- Frosty Wooldridge, private citizen, spoke in support of the bill. Mr. Wooldridge stated his belief that we must enlist our families and neighbors to assist in dealing with the illegal immigration problem. He further stated his belief that there are many official sanctuary policies. He discussed drug problems and health outbreaks. He provided statistics regarding disease outbreaks. Mr. Wooldridge spoke about criminal activities by undocumented immigrants. He addressed the myth of sanctuary policies. Mr. Wooldridge responded to committee questions regarding statistics he provided to the committee.

05:01 PM -- Harold Lesso, private citizen, spoke in opposition to the bill and provided the details of an automobile accident in which he was involved and in which the officers presumed he was an illegal alien. He provided details of his experience with the legal system. Mr. Lesso responded to points made by prior witnesses who are in favor of the bill. He spoke about the potential shortage of labor by 2010 when millions of Baby Boomers retire.

05:07 PM -- Fred Elbel, Defend Colorado Now and Colorado Alliance for Immigration Reform, spoke in support of the bill. Mr. Elbel discussed a sanctuary order in Los Angeles and how that has translated to 95 percent of homicide warrants being issued for undocumented immigrants. He provided statistics regarding crimes committed by illegal immigrants. Mr. Elbel stated that local officials can and should cooperate with federal officials in immigration matters. He responded to questions from the committee regarding the mechanism of sanctuary policies.

05:20 PM -- Terri McNabb, private citizen, provided a written statement in support of the bill (Attachment F).

05:21 PM -- Don McKee, private citizen, spoke in support of the bill.

05:31 PM -- Catherine Hazouri, ACLU of Colorado, spoke against the bill. Ms. Hazouri stated that the proposed amendment mitigates many of her concerns, but that the bill would still potentially result in the harassment of legal residents of Colorado. She provided a quotation regarding the determination by law enforcement as to immigration status. She is concerned about racial profiling.

05:37 PM

Senator Wiens wrapped up his presentation of the bill.


BILL:	SB06-090
TIME:	05:38:55 PM
MOVED:	Grossman
MOTION:	Moved prepared amendment L.003 (Attachment G) and suggested amending lines 9 and 10 of L.003, after the word "ARRESTEE" add "FOR A CRIMINAL OFFENSE." The motion passed on a vote of 4-3.
SECONDED:
		VOTE
	Bacon	Yes
	Dyer	No
	Gordon	Yes
	Mitchell	No
	Traylor	No
	Shaffer	Yes
	Grossman	Yes
Not Final YES: 4 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

05:47 PM

Senator Wiens discussed a conceptual amendment that he drafted regarding the duty of peace officers (Attachment H). He stated that it clarifies that language in the bill.


BILL:	SB06-090
TIME:	05:48:51 PM
MOVED:	Mitchell
MOTION:	Moved the Wiens conceptual amendment (Attachment H). The motion passed without objection.
SECONDED:
		VOTE
	Bacon
	Dyer
	Gordon
	Mitchell
	Traylor
	Shaffer
	Grossman
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB06-090
TIME:	05:49:07 PM
MOVED:	Grossman
MOTION:	Refer Senate Bill 06-090 to the Committee of the Whole, as amended, with a favorable recommendation. The motion passed on a vote of 7-0.
SECONDED:
		VOTE
	Bacon	Yes
	Dyer	Yes
	Gordon	Yes
	Mitchell	Yes
	Traylor	Yes
	Shaffer	Yes
	Grossman	Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS