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Colorado 2008: How Civil Liberties Fared in the State Legislature
Key Terms
Due Process
Education
Elections and Voting
Equal Rights
Government Transparency
Immigration
Law Enforcement
Prisoners Rights
Privacy
Reproductive Rights
Worker's Rights
The ACLU of Colorado puts membership dues to good use advocating for civil liberty-friendly legislation and stopping those measures that would erode our freedoms. The committee that oversees legislation works very hard during the session, meeting weekly to discuss the bills as they are introduced. Committee members decide whether to monitor a bill – especially if it could morph into something bad, and determine to support, actively support or oppose the bill. The last two categories are the bills that usually require ACLU testimony.
As you will see below, the ACLU is vigilant on a wide range of issues because of potential impacts on civil liberties and civil rights in Colorado. We cannot afford to ignore this vital part of the ACLU of Colorado’s mission. We followed 95 bills this year, and took a position on 47 of those bills. Of the 29 bills that we opposed, 27 were defeated! If you want to receive updates and action alerts about legislation, sign up here.
This year was a very successful year for criminal justice reform. We helped pass several bills regarding the retention of evidence, especially DNA evidence. However, we also suffered a devastating loss when Gov. Bill Ritter vetoed a very important bill that would make it more difficult for district attorneys to prosecute juveniles as adults by raising the minimum age from 14 to 16 years old.
For the fourth time, we worked with a contract lobbyist and also created a 2008 legislative scorecard in which we highlight the bills that we feel had the biggest impact on civil liberties. The voting record of each legislator has been included in it as well, to provide the general public with an easy way to see the exact stance of their elected representatives on many key issues.
Of course, beyond lobbyists and lawyers, the most effective weapon at the state legislator is the constituent's voice. By responding to our action alerts and reminding your governor and representative that civil liberties are crucial, we can continue to keep out the bad bills and push for the good bills.
Below you will find a condensed version of this year's legislative session, including all of the bills that were signed into law.
Key Terms
Actively Support: ACLU actively lobbied or testified for the passage of the bill.
Support: ACLU supported the bill but did not testify on it.
Actively Oppose: ACLU actively lobbied or testified in order to prevent a bill’s passage.
Monitor: The bill didn’t have a positive or a negative input on civil liberties but there was a potential for that to occur.
Postponed Indefinitely: The bill was killed in committee, before going to a legislative floor vote.
Note: If the current status shows action by the governor, it means that the bill passed both houses of the Colorado legislature.
Due Process
HB 1130: Interception of Communications Extension
Rep. Garza-Hicks & Sen. Tapia
This bill permits a designee of a district attorney or of the attorney general to apply for a wiretap if the district attorney or attorney general is unavailable. The bill also increases the number of month-long extensions available to three. This bill had the potential to minimize court oversight and allow wiretapping to function unmonitored.
Position: Monitor
Current Status: Signed by the Governor.
HB 1208: Limitations on Direct File Juvenile Case
Rep. Levy & Sen. Shaffer
This bill would have raised the minimum age for a district attorney to charge a juvenile as an adult without a court order (known as direct filing), from 14 to 16 years old. The bill would have allowed a youth charged as an adult to petition for the transfer of his or her case back to juvenile court and permitted adult courts to impose a juvenile sentence. Direct file is often used by district attorneys without an impartial and individualized assessment and hearing, to intimidate juveniles into accepting a plea bargain.
Position: Active Support
Current Status: Vetoed by the Governor
HB 1377: Bail for DUI & Vehicular Eluding
Rep. King & Sen. Penry
This bill, as amended, establishes that when vehicular eluding and DUI charges arise out of the same incident, bail shall be $50,000. However, the bill allows the court to set bail at a lower amount upon consideration of all relevant factors. This bill had the potential to mandate a set bail, hence sidestepping judicial discretion, and thereby denying due process of law.
Position: Active Oppose
Current Status: Signed by the Governor.
HB 1397: Disposition of Evidence in Criminal Cases
Reps. Jahn and King & Sens. Kopp and Gordon
This bill was inspired by the cases of Tim Masters and Clarence Moses-EL and requires the preservation of all evidence that may contain DNA that is collected in cases resulting in a conviction for a Class 1 felony or a sex offense. The evidence must be preserved for the life of the defendant, after which the evidence may be destroyed. If charges have not been filed, DNA evidence must be preserved for the length of the investigation.
Position: Active Support
Current Status: Signed by the Governor.
SB 066: Felony Murder Penalty for Juveniles
Sen. Williams & Rep. Marshall
Allows a juvenile charged with felony murder as an adult or as a juvenile and who pleads guilty to a Class 2 Felony to be eligible for the Youthful Offender System, provided that the juvenile would have been eligible for YOS for the original offense. Individuals charged with felony murder are often not directly involved in the murder itself, and therefore should not automatically be imprisoned for life without parole.
Position: Active Support
Current Status: Signed by the Governor.
SB 205: New Trial for Lost or Destroyed DNA Evidence
Sens. Gordon and Mitchell & Reps. King and Jahn
This bill permits courts to grant a hearing to determine whether remedies are warranted in the event that biological evidence subject to a court order for preservation is negligently destroyed or lost.
Position: Active Support
Current Status: Signed by the Governor.
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Education
SB 079: In-state Tuition for U.S. Citizens
Sen. Sandoval & Rep. Massey
This bill specifies eligibility criteria for students who are United States citizens to receive in-state tuition. Those eligible include students who have graduated from a Colorado high school and attended a Colorado high school, complete a GED program or have resided in Colorado for at least three years. It removes barriers from students who are citizens of Colorado but whose parents may not be able to prove residency.
Position: Active Support
Current Status: Signed by the Governor.
Elections and Voting
HB 1329: Updating Voter Registration Lists Inactive Voters
Rep. Marshall & Sen. Gordon
This bill requires the county clerk to inform inactive voters of their inactive status and allows them to request to return to active status. The bill also distinguishes inactive voters who failed to vote in the last general election from voterswhose mail is returned undeliverable. “Inactive-failure to vote” voters will be included in mail ballot elections in 2009.The notification postcard will keep voters informed and participating, and prevents unnecessarily cancelled registrations.
Position: Active Support
Current Status: Signed by the Governor.
Equal Rights
SB 200: Expand Prohibitions Against Discrimination
Sen. Veiga & Rep. Judd
This bill amends prohibitions against discrimination to include protections based on sexual orientation. Additionally, this bill adds creed, disability, national origin, ancestry, sex, color, and marital status to various anti-discrimination laws to broaden the scope of protections. Exempts churches, mosques, synagogues, and places principally used for religious purposes from definition of “public accommodations.” This bill expands protections against discrimination, thereby granting certain civil rights to groups previously denied them.
Position: Active Support
Current Status: Signed by the Governor.
Government Transparency
HB 1076: Fees for Copies of Criminal Justice Records
Rep. Ferrandino & Sen. Gordon
This bill caps the fee for photocopies of criminal justice records at $0.25 per page. The bill authorizes additional fees for retrieval and redaction costs. It eill end discrepancies among prices for criminal justice records among different agencies by mandating a cap.
Position: Active Support
Current Status: Signed by the Governor.
Immigration
HB 1325: Seasonal Agricultural Worker Program
Rep. Looper & Sen. Tapia
This bill establishes an agricultural seasonal worker program through agreements between foreign countries, employers, and the Colorado Department of Labor. The program will include requirements such as some standards for employer treatment of workers, notification to DOL if an employee leaves the program, and an employee ID card. It has the potential to permit an enviornment that is less supportive of employee rights.
Position: Active Oppose
Current Status: Signed by the Governor.
Law Enforcement
HB 1004: Enforcement of School Attendance Laws
Rep. Todd & Sen. Penry
This bill would have allowed a police officer who believed a minor was truant to take the student into temporary custody for the purpose of returning the student to school authorities. This bill would have led to more criminal charges rather than increased school attendance, as well as encouraged illegal searches of student's belongings, since truancy is not a crime, and hence is not probable cause for a search.
Position: Active Oppose
Current Status: Postponed Indefinitely
HB 1023: Possession of Graffiti Tools
Rep. J. Kerr & Sen. Boyd
This bill would have made the possession of graffiti tools a crime. This bill is vague, in which "tool" could include everything from a ladder to a permanent marker. It also did not require that property had been defaced, only that there was potential.
Position: Active Oppose
Current Statue: Postponed Indefinitely
HB 1184: Unlicensed Driver Arrest & Impound
Rep. Lambert & Sen. Schultheis
A police officer with probable cause that a person’s driver’s license is forged would have been required to arrest that person. The violation would have been a misdemeanor and included a mandatory 5 days in jail. The vehicle they were driving would automatically be impounded and not released until it was registered and insured to an owner with proof that he or she was in the country legally. If the vehicle was not claimed in 30 days, it would be deemed abandoned to the city or county. Beyond targeting people believed to be undocumented, this bill violated due process by confiscating vehicles without compensation.
Position: Active Oppose
Current Status: Postponed Indefinitely
UPDATE: The ACLU of Colorado defeated this bill because it punished people based on their status, confiscated property without paying for it, and encouraged racial and ethnic profiling. Unfortunately, on August 12th Denver voters passed an even more egregious ordinance, Initiative 100. We are investigating possible challenges to the new law.
SB 031: Probable Cause Alcohol Crimes
Sen. Shaffer & Rep. Fischer
This bill would have mandated drug and alcohol testing–without probable cause–if there was death or serious bodily harm in a motor vehicle crash, if the driver had been convicted of a prior drug or alcohol-related offense. This bill would have denied due process and redefined probable cause as relating to an individual's driving history instead of the facts of the individual case.
Position: Active Oppose
Current Status: Postponed Indefinitely
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Prisoners Rights
SB 145: Frequency of Jail Inspections
Sen. Kopp & Rep. J. Kerr
This bill requires county commissioners to perform inspections of their respective correctional facilities at least once per year. Previously, jail inspections were to be performed at the county commissioners’ discretion. This bill provides a platform for clarifying issues of prisoner treatment in an organized and timely manner.
Position: Passive Support
Current Status: Signed by the Governor
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Privacy
HB 1071: Alcohol-Related Driving Offense Notice
Rep. Rose
This bill would have changed the background color of a driver’s license to either green or red for a person who has been convicted of certain alcohol-related driving offenses. There is no legitimate law enforcement purpose other than being a “scarlet letter” for public shame and ridicule. It does not increase public safety.
Position: Active Oppose
Current Status: Postponed Indefinitely
HB 1082: Sealing Criminal Justice Records
Rep. Ferrandino & Sen. Bacon
This bill allows a person convicted of drug misdemeanors and petty offenses to request that the courts seal his or her criminal records if he or she has completed the court’s sentence and been offense-free for ten years. If the person is convicted of a new offense, the records will be unsealed. This bill gives a judge discretion to deny the request. By sealing their criminal records, ex-offenders are able to put their past behind them.
Position: Passive Support
Current Status: Signed by the Governor
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Reproductive Rights
HB 1203: Material Change Hospital Transactions
Rep. M. Carroll & Sen. Boyd
This bill defines the term “material change” for purposes of the laws relating to transactions involving licensed hospitals. It allows the Attorney General to consider whether there will likely be reductions in the availability and accessibility of health care services that were available to the community prior to the sale or transfer of ownership. This bill enables the Attorney General to assess any future community impact on transactions between hospitals.
Position: Active Support
Current Status: Signed by the Governor
SB 095: Abortion Informed Consent and Ultrasound
Sen. Schultheis & Rep. Lundberg
This bill would have required a physician to inform female patients about their right to have an ultrasound prior to performing an abortion and mandated a 24-hour waiting period. Additionally, this bill would have required a woman to affirm in writing that she had been informed of this right. It would have created criminal penalties for a physician’s failure to inform his or her patient about this right. This bill would have both blocked access to a constiutionally recognized right of abortion, as well as interfered with the relationship between a physician and his or her patient.
Position: Active Oppose
Current Status: Postponed Indefinitely
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Worker's Rights
SB 139: Notify Employers E-Verify Program
Sen. Schultheis & Rep. Lundberg
This bill requires the Colorado Department of Labor to notify employers of the electronic verification system to verify the eligibility of potential employees.
Position: Monitor
Current Status: Signed by the Governor
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