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H_JUD_2016A 01/26/2016 01:34:45 PM Committee Summary

Final

STAFF SUMMARY OF MEETING



HOUSE COMMITTEE ON JUDICIARY

Date: 01/26/2016
ATTENDANCE
Time: 01:34 PM to 02:40 PM
Carver
X
Court
X
Place: HCR 0112
Dore
X
Foote
X
This Meeting was called to order by
Lawrence
X
Representative Kagan
Lundeen
X
Melton
X
This Report was prepared by
Salazar
X
Bo Pogue
Willett
X
Lee
X
Kagan
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB16-1020 Postponed Indefinitely





01:35 PM -- HB16-1020



The committee was called to order. All members were present. Representative Rosenthal, prime sponsor, presented House Bill 16-1020, concerning prohibiting certain uses of an unmanned aircraft system. Committee members received an article about the use of drones for airmail (Attachment A). Representative Rosenthal provided background on drone use, explained the effect of the bill, and discussed its merits. He noted some forthcoming amendments to the bill. Discussion ensued regarding the need to address drones, in particular, as a means for introducing contraband into prisons. Representative Rosenthal responded to questions regarding the no-fly barrier around prisons for drones created by the bill, and the scope of the term "detention facility."



16HouseJud0126AttachA(afternoon).pdf16HouseJud0126AttachA(afternoon).pdf



01:45 PM



The following persons testified regarding House Bill 16-1020:



01:46 PM --
Mr. Chris Huston, representing UAS Colorado, testified on the bill from a neutral perspective. Mr. Huston discussed the benefits of narrowing the scope of the bill through amendment. Discussion ensued regarding the potential for excluding vehicles from the definition of "detention facility."





















01:49 PM --
Mr. Constantin Diehl, representing UAS Colorado, testified on the bill from a neutral perspective. Mr. Diehl expressed some concerns about the bill. Discussion ensued regarding the ability to amend the title of the bill.



01:54 PM --
Mr. Vic Moss, representing Colorado Aerial Media Pros, testified in opposition to the bill. Mr. Moss expressed reservations about certain provisions in the bill. Discussion ensued regarding the definition of certain terms in the bill.



01:59 PM --
Ms. Carrie Thompson, representing the Colorado Criminal Defense Bar, testified in opposition to the bill. Ms. Thompson expressed concerns about the provisions in the bill about introducing contraband in prisons by use of a drone. Discussion ensued regarding the lack of a mens rea component in the bill, or what constitutes an "attempt" under the bill.





02:13 PM



Discussion continued regarding satisfaction of the element of intent under House Bill 16-1020, and the potential redundancy of current statute by the bill. Ms. Thompson responded to questions regarding the potential for the bill to make it more difficult for prosecutors to prosecute contraband crimes than current statutes prohibiting this practice.



02:19 PM --
Mr. Alan Bishop, representing Reference Technologies and AUASI, testified in opposition to the bill. Mr. Bishop registered some concerns about the bill and addressed previous testimony. Mr. Bishop called for further scrutiny of the issues addressed by the bill, and discussed certain insurance implications for drone operators.





02:29 PM



The committee recessed.





















































02:32 PM



The committee returned to order. Representative Rosenthal addressed issues raised during testimony, and requested that House Bill 16-1020 be postponed indefinitely in light of continuing development of drone-related issues. Various committee members registered their opinions on the issues touched upon by the bill.

BILL: HB16-1020
TIME: 02:35:28 PM
MOVED: Salazar
MOTION: Postpone House Bill 16-1020 indefinitely. The motion passed on a vote of 11-0.
SECONDED: Lawrence
VOTE
Carver
Yes
Court
Yes
Dore
Yes
Foote
Yes
Lawrence
Yes
Lundeen
Yes
Melton
Yes
Salazar
Yes
Willett
Yes
Lee
Yes
Kagan
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





02:40 PM



The committee adjourned.