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BFC1280AEA347C8287258C2800837453 Hearing Summary




PUBLIC
BILL SUMMARY For HB25-1114

HOUSE COMMITTEE ON JUDICIARY
Date Feb 5, 2025      
Location HCR 0107



HB25-1114 - Amended, referred to the Committee of the Whole


04:59:14 PM  
Representative Carter,
prime sponsor, presented House Bill 25-1114, concerning allowing the defense
to review a tangible object in preparation for a criminal trial. Representative
Carter explained the effect of the bill and discussed its need. Representative
Carter explained the effect of some forthcoming amendments. Representative
Carter responded to questions regarding how the bill impacts the handling
of evidence by law enforcement, and amendments addressing body-worn cameras.
05:10:46 PM  
Padraic Emerine,
representing Colorado Association Chiefs of Police, testified in opposition
to the bill. Mr. Joel Malecka, representing Colorado Department of Public
Safety, testified in a neutral position on the bill. Sean Reinhart, representing
the Colorado Association of Chiefs of Police and the Greeley Police Department,
testified in opposition to HB 25-1114.




Discussion ensued
regarding certain rights applicable to judicial proceedings, and handling
of evidence by certain law enforcement agencies. Mr. Malecka responded
to questions regarding certain space requirements for handling evidence
under the bill, and the effect of the forthcoming amendments. Discussion
followed regarding the use of body-worn cameras in evidence handling, and
certain hazards associated with evidence handling. Discussion turned to
recording requirements under HB 25-1114.
05:49:27 PM  
Jessica Dottar, representing
the Colorado District Attorneys Council, testified on HB 25-1114. James
Karbach, representing Colo. St. Pub. Defender, testified in support of
the bill. Megan Bishop, representing themself, testified in support of
the bill. Ms. Victoria Eidsmo, representing Colorado State Public Defender's
Office, testified in support of the bill. Ms. Jennifer Ahnstedt, representing
OSPD, testified in support of the bill.




Discussion ensued
regarding the amendments that have been proposed, and the use of body cameras
in evidence-related proceedings.  Mr. Karbach explained the process
by which the amendments were crafted.  Ms. Dottar and Ms. Ahnstedt
responded to questions regarding the process by which attorneys review
physical evidence.
06:22:13 PM  
Representative Carter
explained the effect of Amendments L.001 and L.002  (Attachment B
and C).


06:24:32 PM
Motion Adopt amendment L.001 (Attachment B)
Moved Carter
Seconded Clifford
Armagost
Bacon
Caldwell
Clifford
Espenoza
Garcia
Keltie
Soper
Zokaie
Carter
Mabrey
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


06:25:40 PM
Motion Adopt amendment L.002 (Attachment C)
Moved Carter
Seconded Espenoza
Armagost
Bacon
Caldwell
Clifford
Espenoza
Garcia
Keltie
Soper
Zokaie
Carter
Mabrey
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
06:25:46 PM  
Representative Carter
provided closing remarks in support of HB 25-1114. Various committee members
provided their positions on the bill.




Written testimony
about the bill is in Attachment D.


06:35:20 PM
Motion Refer House Bill 25-1114, as amended, to the Committee of the Whole.
Moved Carter
Seconded Bacon
Armagost No
Bacon Yes
Caldwell No
Clifford Yes
Espenoza Yes
Garcia Yes
Keltie No
Soper Yes
Zokaie Yes
Carter Yes
Mabrey Yes
Final YES: 8   NO: 3   EXC: 0   ABS:  0   FINAL ACTION:  PASS






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