H_JUD_2024A 04/02/2024 09:48:45 AM Committee Summary

Representative Parenti, co-prime sponsor, presented Senate Bill 24-108, concerning a prohibition of affiliating with a public safety radio network without authorization.  Mr. Peter Bangas, representing The Division of Homeland Security and Emergency Management, testified in support of the bill. Mr. Bangas responded to questions. Joel Malecka, representing the Department of Public Safety, provided input on crimes that might be invoked by intruding upon public safety radio networks, and what SB 24-108 seeks to criminalize. Mr. Malecka responded to questions regarding the intent element for the crime created by the bill, and other crimes in current statute similar to the one created by SB 24-108. Mr. Malecka responded to further questions regarding a hypothetical situation he posited. Mr. Bangas responded to questions regarding how someone might commit the crime created by the bill, and rules that may exist at the federal level that cover the crime created by the bill. Discussion ensued regarding the elements of the crime created by SB 24-108.

No amendments were offered to SB 24-108. Representatives Parenti and Weinberg provided closing remarks in support of the bill. Various committee members provided their positions on the bill.

Representatives Bird and Evans, prime sponsors, presented House Bill 24-1284, concerning increasing pretrial release requirements for certain criminal defendants accused of committing a violent offense. Representative Bird explained the effect of the bill and discussed its need. Representative Evans provided additional input on the merits of the bill. Representative Evans responded to questions regarding posting bond under the bill, and the look-back period prescribed by the bill.  Public comment on the bill may be found at Attachment A.

Ms. Maureen Cain, representing OSPD, testified in opposition to the bill. Anaya Robinson, representing ACLU of Colorado, testified in opposition to the bill. Terrance Carroll, representing himself, testified in opposition to the bill. Christie Donner, representing Colorado Criminal Justice Reform Coalition, testified in opposition to the bill. Ms. Cain responded to questions regarding what constitutes second degree assault. Discussion ensued regarding bonding with money under the bill,

Diana Goldberg, representing Colorado Children's Alliance - SungateKids Child Advocacy Center, testified in support of the bill.

Chief Morris, representing Colorado Association of the Chiefs of Police - Aurora Police Department, testified in support of the bill.

Gina Malone-Earles, representing Colorado Children's Alliance & Blue Sky Bridge, testified in support of the bill.

Deputy Chief Jensen, representing Colorado Association Chiefs of Police - Colorado Springs Police Department, testified in support of the bill.

Discussion ensued regarding posting bond under HB 24-1284, and the impact of bonding on victims. Discussion followed regarding risk assessment.

Rebecca Wallace, representing Colorado Freedom Fund, testified in opposition to the bill.

Ms. Beth McCann, representing herself, testified in opposition to the bill.

Dr. Michael Jones, representing themself, testified in opposition to the bill.

Discussion ensued regarding a forthcoming amendment. Dr. Jones responded to questions regarding trends in absconding on bail.

Chief Satar, representing Colorado Association Chiefs of Police - Longmont Police Department, testified in support of the bill.

Chief Noeller, representing Colorado Association Chiefs of Police - Pueblo Police Deparment, testified in support of the bill.

Marius Suffian, representing themself, testified in support of the bill.

Jake Suffian, representing themself, testified in support of the bill.

Chief Noeller responded to questions regarding a criminal incident he discussed, and personal recognizance bonds. Chief Satar and Jake Suffian provided additional input on HB 24-1284.

Alex Cabriales, representing themself, testified in support of the bill.

Ms. Nicole Martinez, representing Colorado Assn. of Professional Sureties, testified in support of the bill.

Shannon Johnson, representing themself, testified in support of the bill.

Mr. Tyler Peters, representing himself, testified in support of the bill.

Mr. Justin Marceau, representing Speaking as a Professor of Law, testified in opposition to the bill.

Mr. Marceau responded to questions regarding current law with respect to district attorney consent and bail.

Dannie Knutt, representing themself, testified in support of the bill.

Connie Brenton, representing themself, testified in support of the bill.

Shari Hack, representing themself, testified in support of the bill.

Representative Evans explained the effect of amendment L.001 (Attachment B). Discussion ensued regarding the impact of the amendment on the bonding process.

Representatives Bird and Evans provided closing remarks in support of HB 24-1284. Various committee members provided their positions on the bill.

Representatives Weissman and Soper, prime sponsors, presented House Bill 24-1345, concerning the Human Trafficking Council, and, in connection therewith, implementing the recommendation contained in the 2023 sunset repor by the Department of Regulatory Agencies . Representative Weissman explained the effect of the bill and discussed its need. He also explained the effect of amendment L.001 (Attachment C). Representative Soper provided further input on the bill, and explained the effect of amendment L.002 (Attachment D). Representative Weissman explained the effect of amendment L.003 (Attachment E). Discussion ensued regarding the amendments.

Mr. Christian Gardner-Wood, representing Boulder County District Attorney's Office, testified in support of the bill.

Ms. Maria Trujillo, representing Colorado Human Trafficking Council, testified in support of the bill.

Ms. Rebekah Layton, representing herself, testified in support of the bill.

Ms. JILL BROGDON, representing herself, testified in support of the bill.

Ms. Erin Meschke, representing themself, testified in support of the bill.

Ms. Kelly Dore, representing Sierra Cares Foundation, testified in a support of HB 24-1345.

Ms. Dore and Ms. Trujillo responded to questions regarding the reason why the bill does not include a future sunset for the Human Trafficking Council. Discussion ensued regarding oversight of the Human Trafficking Council.

The committee discussed amendment L.001.

Representatives Soper and Weissman provided closing remarks in support of HB 24-1345. Representative Snyder provided his position on the bill.

Representatives Herod and Woodrow, prime sponsors, presented House Bill 24-1372, concerning regulating the use of prone restraint by law enforcement. Representative Herod explained the effect of the bill and discussed its need. Representative Woodrow provided additional input on the merits of the bill.  Public comment on the bill may be found at Attachment F.

Ms. Sheneen McClain, representing herself, testified in support of the bill. Ms. Shataeah Kelly, representing herself, testified in support of the bill. Tristan Gorman, representing Colorado Criminal Defense Bar, testified in support of the bill. Jeff Riester, representing Department of Law, testified in support of the bill. Ms. Gorman responded to questions regarding certain definitions in HB 24-1372. Discussion ensued regarding the placement of certain provisions in statute by the bill, as amended.

Suzette Friedenberger, representing Colorado Fraternal Order of Police, testified to amend the bill. Mr. Marco Montez, representing Mesa County Sheriff's Office, testified in opposition to the bill. Ms. Linda Bowman, representing Mesa County Sheriff's Office, testified in opposition to the bill. Mr. Kevin Tedesco, representing Teller County Sheriff's Office, testified in opposition to the bill. Jeremy Schupbach, representing the Colorado Municipal League, testified in support of the bill, as amended. Discussion ensued regarding injuries resulting from the deployment of prone restraint techniques, and the potential for amending HB 24-1372 beyond the distributed strike-below amendment, amendment L.001 (Attachment G). Discussion returned to the placement of certain provisions in HB 24-1372 within the current statutes. Discussion followed regarding defensive action versus active aggression.

Ms. Meredith Henry, representing The Arc of Colorado, testified in support of the bill. Kiyomi Bolick, representing Defenders Union of Colorado, testified in support of the bill. Ms. Henry responded to questions regarding strategies of deescalation among certain communities.

Chief Vasquez, representing Colorado Association Chiefs of Police - Colorado Springs Police Department, testified in opposition to the bill.

Elenor Rowe, representing Colorado Association Chiefs of Police - Grand Junction Police Department, testified in opposition to the bill.

SERGEANT-Ike Beers, representing Colorado Association Chiefs of Police - Lakewood Police Department, testified in opposition to the bill.

Jeremiah Boies, representing Colorado Association of the Chiefs of Police- Grand Junction Police Department, testified in opposition to the bill.

Sergeant Beers responded to questions regarding the need for HB 24-1372. Discussion ensued regarding what constitutes use of force.

Chief Hempelmann, representing Colorado Association Chiefs of Police - Broomfield Police Department, testified in opposition to the bill.

Deputy Chief Horn, representing Colorado Association Chiefs of Police - RTD, testified in opposition to the bill.

Amanda Terrell-Orr, representing Colorado Association Chiefs of Police - Colorado Springs Police Department, testified in opposition to the bill.

Chief Noeller, representing Colorado Association Chiefs of Police - Pueblo Police Department, testified in opposition to the bill.

Committee members asked the panel questions about excessive and physical force and associated policies. Further questions were asked about definitions in the bill and impact. Committee discussion ensued about administrative requirements and work force recruitment and retention.

Ms. Christina Mascarenas, representing themself, testified in opposition to the bill.

Sherryl Dillon, representing Colorado Springs Police Protective Association, testified in opposition to the bill.

Bill Walsh, representing Colorado Springs Police Protective Association, testified in opposition to the bill.

Ms. Erin Meschke, representing themself, testified in opposition to the bill.

Melinda Smith, representing themself, testified in opposition to the bill.

Ms. Shannon Lukeman-Hiromasa, representing Mayor Pro Tem, City of Northglenn, testified in opposition to the bill.

James Jensen, representing Keenesburg Colorado, testified to amend the bill.

Joshua Hursa, representing themself, testified in support of the bill.

Mr. Hursa responded to questions regarding an instance where he was restrained by law enforcement.

Jack Johnson, representing Disability Law Colorado, testified in support of HB 24-1372.

Mr. Ash Williams, representing himself, testified to amend the bill.

Anaya Robinson, representing ACLU of Colorado, testified in support of the bill.

Mr. Robinson responded to questions regarding the proper placement within statute of the provisions of the bill, and reporting requirements in amendment L.001.

Representatives Herod and Woodrow provided closing remarks in support of HB 24-1372. Various committee members provided their positions on the bill.

Representative Snyder, prime sponsor, presented Senate Bill 24-145, concerning the enactment of the "Uniform Unlawful Restrictions in Land Records Act."  Representative Snyder explained the effect of the bill and discussed its need. Representative Snyder responded to questions regarding the ability of third parties to bring an action under the bill, and the genesis of the legislation.  Public comment on the bill may be found at Attachment H.

Mr. Larry Hudson, representing Land Title Association of Colorado, testified in support of the bill.

Ms. Jane Sternecky, representing Uniform Law Commission, testified in support of the bill.

Mr. Hudson and Ms. Sternecky responded to questions raised during earlier discussion.

No amendments were offered to SB 24-145. Representative Snyder provided closing remarks in support of the bill. Representatives Soper and Bacon provided their positions on the bill.

Representatives Mabrey and Snyder, prime sponsors, presented House Bill 24-1101, concerning empowering victims by enhancing access to restorative justice in criminal cases. The committee heard testimony on the bill at its March 12 meeting. Representative Mabrey discussed the bill, and provided an update. The sponsors explained why they requested that the bill be postponed indefinitely.