h_jud_2016a_2016-02-11t13:33:48z0 Hearing Summary

Date: 02/11/2016

01:34 PM -- HB16-1117



The committee was called to order. A quorum was present. Representatives Saine and Kagan, prime sponsors, presented House Bill 16-1117, concerning a requirement that custodial interrogations related to investigations for certain serious felonies be electronically recorded. Committee members received a fact sheet about recording custodial interrogations (Attachment A). Representative Kagan explained the effect of the bill and discussed its need. He also discussed the collaborative process that resulted in the bill. Representative Saine provided input on the bill's merits. Representative Kagan responded to questions regarding why the bill's scope is limited to certain classes of crimes, and the current frequency of the use of audio-video recording for interrogations in Colorado.



16HouseJud0211AttachA.pdf



01:44 PM



Representative Kagan responded to questions regarding whether any jurisdictions require audio-video recording of interrogations, and the use of such recordings in trial under the bill. Discussion ensued regarding the ability of a court to exclude interrogatory evidence under the bill, and the technology to be used for recording under the bill. The following persons testified regarding HB 16-1117:



01:57 PM -- Mr. Michael Dougherty, representing the Colorado District Attorneys' Council, testified in support of the bill. Mr. Dougherty explained how recording custodial interrogations for serious crimes will benefit the court, and discussed the benefits of certain exemptions in the bill. Mr. Dougherty responded to questions regarding the potential for some jurisdictions to oppose the bill's requirements based on the cost of recording technology, and addressed a question raised during earlier discussion. Mr. Dougherty responded to questions regarding the implications of the bill with regard to the exclusionary rule.



02:05 PM -- Mr. Christopher Ochoa, representing the Innocence Project, testified in support of HB 16-1117. Mr. Ochoa recounted how he was wrongfully convicted for a serious crime based on a flawed interrogation. He explained how a video-recorded interrogation would have benefitted in his case.



02:16 PM -- Ms. Antonia Merzon, representing the Colorado District Attorneys' Council, and Ms. Cynthia Kowert, representing the Attorney General's Office, testified in support of the bill. Ms. Merzon discussed custodial interrogation recording requirements in other jurisdictions, and in certain Colorado jurisdictions. Ms. Kowert discussed the benefits realized in using recording devices for custodial interrogations in certain Colorado counties. Ms. Merzon responded to questions regarding an exigent circumstance exemption for recording custodial interrogations contained in the bill, and conviction statistics associated with the use of recordings from custodial interrogations.



02:30 PM -- Ms. Amshula Jayaram, representing the Innocence Project, testified in support of HB 16-1117. Ms. Jayaram discussed the work of the Innocence Project to help overturn false convictions, and listed the benefits of recording custodial interrogations. She also discussed the widespread use of interrogation recording, and the cost of recording technology used to record custodial interrogations.





02:39 PM



Representative Kagan explained the effect of amendment L.002 (Attachment B).



16HouseJud0211AttachB.pdf

02:40 PM



Representatives Kagan and Saine provided closing remarks in support of HB 16-1117.