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42C16FF190A4E700872586A90073BE0A Hearing Summary




PUBLIC
BILL SUMMARY For HB21-1142

HOUSE COMMITTEE ON JUDICIARY
Date Mar 31, 2021      
Location HCR 0107



HB21-1142 - Amended, referred to House Appropriations


03:04:16 PM  
The committee recessed.
04:32:19 PM  

The committee returned to order. Representative Bacon, prime sponsor, presented House Bill 21-1142, concerning measures related to eyewitness identification techniques, and, in connection therewith, requiring reporting data related to eyewitness techniques and regulating the use of showup identifications. Representative Bacon explained the effect of the bill and discussed its need. Representative Bacon responded to questions regarding inconsistencies across jurisdictions as to how they treat show-ups, including between urban and rural areas. In response to questions, Representative Bacon further clarified the effect of the bill.

04:59:09 PM  
The following persons testified regarding HB 21-1142:

Sharon Battle, representing herself, testified in support of the bill.

Charles Battle II, representing himself, testified in support of the bill.

Timothy Tyler, representing Shorter Community AME Church and Together CO, testified in support of the bill.

05:12:19 PM  
Marilynn Ackerman, representing Together Colorado, testified in support of HB 21-1142.

Adie Teodorovic, representing CCDB, testified in support of the bill.

Christopher McKee, representing himself, testified in support of the bill.

Ms. Ackerman responded to questions regarding how often show-ups result in incorrect crime perpetrator identification in Colorado. Mr. McKee responded to questions regarding reform efforts around the issue of show-ups. Discussion ensued regarding the circumstances in which a police officer may use a show-up under the bill. Discussion returned to data collection surrounding show-ups.

05:39:49 PM  
Phillip Cherner, representing the Sam Cary Bar Association, testified in support of HB 21-1142.

Veronica Camargo, representing herself, testified in support of the bill. She read the testimony of someone who was wrongfully accused of a crime.

Amelia Power, representing herself, testified in support of the bill. Ms. Power responded to questions regarding the phrase "impermissively suggestive" as found in certain jurisprudence associated with show-ups.

05:54:06 PM  
Jeff Ackerman, representing himself, testified in support of HB 21-1142.

Mitchell Eisen, representing himself, testified in support of the bill.

06:02:27 PM  
Ron Sloan, representing
the Colorado Association of Chiefs of Police, testified on the bill from
an "amend" position, expressing concerns with certain of the
bill's provisions.  Mr. Sloan responded to questions regarding certain
language in amendment L.001, a strike-below amendment.



Timothy Lane, representing the Colorado District Attorney's Council, made
himself available for questions.  Mr. Lane discussed the strike-below
amendment.



Discussion ensued regarding the circumstances in which show-up identifications
are forbidden by the amendment, and the circumstances under which law enforcement
may employ a show-up identification.


06:37:58 PM
Motion Adopt amendment L.001
Moved Bacon
Seconded Woodrow
Bacon
Benavidez
Bockenfeld
Carver
Daugherty
Luck Excused
Lynch
Roberts
Woodrow
Tipper
Weissman
YES: 0   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  Pass Without Objection


06:59:46 PM
Motion Refer House Bill 21-1142, as amended, to the Committee on Appropriations.
Moved Bacon
Seconded Woodrow
Bacon Yes
Benavidez Yes
Bockenfeld No
Carver No
Daugherty Yes
Luck Excused
Lynch Yes
Roberts Yes
Woodrow Yes
Tipper Yes
Weissman Yes
Final YES: 8   NO: 2   EXC: 1   ABS:  0   FINAL ACTION:  PASS






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