Date: 02/02/2009

Final
BILL SUMMARY for HB09-1147

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Postpone House Bill 09-1147 indefinitely. The mot
Refer House Bill 09-1147 to the Committee of the W		PASS
FAIL


04:35 PM -- House Bill 09-1147

Representative B. Gardner, prime sponsor, presented House Bill 09-1147 concerning bail provisions for a person who is illegally present in the United States. For purposes of a hearing to determine whether to grant bail to a defendant that the court has probable cause to believe is in the country illegally, this bill establishes a rebuttable presumption that releasing the defendant on bail would put the public in significant peril. The bill also specifies criteria for the court to consider in determining whether such probable cause exists, and the type and amount of bond to set.

Representative Gardner distributed a fact sheet about the bill. (Attachment G). He discussed his reasons for bringing the bill forward and how the provisions of the bill would be implemented within the court system. He provided an extensive explanation of the meaning of "rebuttable presumption." The committee held a lengthy discussion about the logistical problems inherent in determining whether an offender is in the United States legally or not. They addressed issues of racial profiling and due process.

05:05 PM -- Ken Buck, Weld County District Attorney's Office, spoke in support of the bill. Mr. Buck responded to questions from the committee about determining the immigration status of individuals admitted to the Department of Corrections (DOC). Individuals who are booked into county jails are asked a number of questions upon intake. One of those questions is where the individual was born. If the individual is foreign-born, federal immigration authorities are automatically contacted. The Colorado District Attorney's Council (CDAC) has not taken an official position on the bill. Mr. Buck supports the idea of creating a rebuttable presumption that the public would be put in significant peril if the accused person is released on bail when the accused is illegally present in the country. He discussed the problem of identity theft by illegal immigrants. Stolen identities make it easier for illegal immigrants who commit crimes to disappear into a community. He considers identity theft to be extremely dangerous to the community.

05:10 PM -- Julie Gonzales, Colorado Immigrant Rights Coalition, spoke in opposition to the bill. Ms. Gonzales stated her belief that immigration is a federal issue. She believes that the state should implement policies that welcome immigrants. She mentioned that many immigrant families have mixed legal statuses, meaning the parents might be in the country illegally, but the children were born in the United States. As a result, most of these parents are unlikely to flee from the justice system. Ms. Gonzales indicated that the bill could raise constitutional concerns and lead to discrimination against legal citizens and illegal immigrants. She specifically pointed out page 2, line 25, of the bill, which states that any party can lay claim that the accused person is undocumented. She stated her belief that such a situation is a set up for failure.

05:15 PM -- Peg Ackerman, County Sheriffs of Colorado, testified on the bill. The County Sheriffs of Colorado has not taken an official position on the bill. Ms. Ackerman indicated that becoming qualified to determine whether an individual is in the country illegally or not is complicated and costly. County jails are very crowded and many of the sheriffs are concerned about adding more inmates to the situation.

05:19 PM

Representative Gardner wrapped up his presentation of the bill and asked for a favorable recommendation. He discussed an amendment requested by the CDAC that would delete the term "significant peril" from the bill, but did not offer such an amendment.

BILL:HB09-1147
TIME: 05:26:03 PM
MOVED:Gardner B.
MOTION:Refer House Bill 09-1147 to the Committee of the Whole with a favorable recommendation. The motion failed on a vote of 4-6, with 1 excused.
SECONDED:Roberts
VOTE
Apuan
Yes
Court
No
Gardner B.
Yes
King
Excused
Miklosi
No
Pace
No
Roberts
Yes
Ryden
No
Waller
Yes
McCann
No
Levy
No
Not Final YES: 4 NO: 6 EXC: 1 ABS: 0 FINAL ACTION: FAIL


BILL:HB09-1147
TIME: 05:26:59 PM
MOVED:Court
MOTION:Postpone House Bill 09-1147 indefinitely. The motion passed on a vote of 7-3, with 1 excused.
SECONDED:Pace
VOTE
Apuan
Yes
Court
Yes
Gardner B.
No
King
Excused
Miklosi
Yes
Pace
Yes
Roberts
No
Ryden
Yes
Waller
No
McCann
Yes
Levy
Yes
Final YES: 7 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS