Date: 03/06/2015

Final
BILL SUMMARY for SB15-116

HOUSE COMMITTEE ON PUBLIC HEALTH CARE & HUMAN SERVICES

Votes: View--> Action Taken:
Adopt severed section A of amendment L.007 (Attach
Adopt severed section B of amendment L.007 (Attach
Adopt severed section C of amendment L.007 (Attach
Refer Senate Bill 15-116, as amended, to the Commi		PASS
Pass Without Objection
Pass Without Objection
PASS



01:16 PM -- SB 15-116

Representative Garnett introduced Senate Bill 15-116. The bill allows a person to disclose that he or she is in possession of a hypodermic needle without being subject to prosecution for the crime of possession of drug paraphernalia.

01:17 PM -- Alia Al-Tayyib, Denver Public Health, testified in support of the bill and regarding incidents in which law enforcement officers recover hypodermic needles from a person during a search or arrest. She stated that if individuals voluntarily disclose to the law enforcement officer that they have a syringe, many unintentional needle sticks could be avoided. Representative Garnett responded to questions from the committee regarding amendments to the bill made in the Senate. Committee discussion ensued regarding the bill's language permitting the paraphernalia to be used to determine probable cause for the commission of a crime.

01:27 PM -- Lisa Raville, Harm Reduction Action Center and Colorado Organizations Responding to AIDS, testified in support of the bill and discussed state laws related to the possession of syringes and how frequently the crime of possession of drug paraphernalia is charged. She responded to questions from the committee regarding the bill's language regarding probable cause.

01:30 PM -- Arnold Hanuman, Colorado District Attorneys' Council, testified regarding his organization's concerns regarding the bill's original language that they believed may prevent further investigation of criminal activity. Representative Garnett responded to questions from the committee regarding the bill's intent and the bill's language regarding probable cause. Mr. Hanuman responded to questions from the committee regarding probable cause for searches, and committee discussion ensued. Mr. Hanuman clarified that his organization has a neutral position on the bill.

01:44 PM

Representative Garnett explained amendment L.007 (Attachment A). Representatives Melton and Ginal requested that the amendment be severed. The amendment was severed into three sections with severed section A consisting of lines 4 and 5 and 11 through 13, severed section B consisting of lines 2 and 3 and 7 through 10, and severed section C consisting of lines 1 and 6.

150306 AttachA.pdf150306 AttachA.pdf
BILL:SB15-116
TIME: 01:45:07 PM
MOVED:Ginal
MOTION:Adopt severed section C of amendment L.007 (Attachment A). Severed section C consists of lines 1 and 6. The motion passed without objection.
SECONDED:Conti
VOTE
Conti
Danielson
Everett
Ginal
Joshi
Landgraf
Melton
Moreno
Sias
Tyler
Windholz
Singer
Primavera
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

01:50 PM

Prior to the vote, the committee discussed the terminology "minuscule" and whether the term is defined in statute. Mr. Hanuman returned to the table to discuss the terminology "trace" versus "minuscule."
BILL:SB15-116
TIME: 01:51:50 PM
MOVED:Melton
MOTION:Adopt severed section B of amendment L.007 (Attachment A). Severed section B consists of lines 2 and 3 and 7 through 10. The motion passed without objection.
SECONDED:Singer
VOTE
Conti
Danielson
Everett
Ginal
Joshi
Landgraf
Melton
Moreno
Sias
Tyler
Windholz
Singer
Primavera
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

01:57 PM

Prior to the vote, Mr. Hanuman returned to the table to discuss the amendment.
BILL:SB15-116
TIME: 01:58:05 PM
MOVED:Singer
MOTION:Adopt severed section A of amendment L.007 (Attachment A). Severed section A consists of lines 4 and 5 and 11 through 13. The motion passed on a vote of 12-1.
SECONDED:Moreno
VOTE
Conti
Yes
Danielson
Yes
Everett
Yes
Ginal
Yes
Joshi
Yes
Landgraf
Yes
Melton
No
Moreno
Yes
Sias
Yes
Tyler
Yes
Windholz
Yes
Singer
Yes
Primavera
Yes
YES: 12 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:07 PM

Representative Garnett gave concluding remarks regarding the bill. Members of the committee commented on the bill.

BILL:SB15-116
TIME: 02:08:59 PM
MOVED:Singer
MOTION:Refer Senate Bill 15-116, as amended, to the Committee of the Whole. The motion passed on a vote of 12-1.
SECONDED:Moreno
VOTE
Conti
Yes
Danielson
Yes
Everett
Yes
Ginal
Yes
Joshi
Yes
Landgraf
Yes
Melton
No
Moreno
Yes
Sias
Yes
Tyler
Yes
Windholz
Yes
Singer
Yes
Primavera
Yes
Final YES: 12 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS




02:09 PM

The committee adjourned.