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Key Votes

HB 1201 - Requiring Police to Inform Citizens of Right to Refuse Searches - Key Vote

Colorado Key Votes

Cherylin Peniston voted Nay (Passage) on this Legislation.

Read statements Cherylin Peniston made in this general time period.

Stages

Family

Issues

Stage Details

Legislation - Signed (Executive) -

Title: Requiring Police to Inform Citizens of Right to Refuse Searches

Legislation - Concurrence Vote Passed (House) (42-22) - (Key vote)

Title: Requiring Police to Inform Citizens of Right to Refuse Searches

Vote Smart's Synopsis:

Vote to repass a bill, after having concurred with Senate amendments thereto, that requires police officers to articulate specified information to and receive consent from an individual before conducting a consensual search of such individual, the individual's effects, or a vehicle.

Highlights:
-Requires police officers to articulate the following to an individual prior to conducting a search (Sec. 1):
    -That the individual is being asked to voluntarily consent to a search; and -That the individual has the right to refuse the request to search.
-Requires individuals to provide verbal or written consent in order for the police officer to conduct a search, unless the individual cannot provide verbal or written consent, then "other evidence of knowing and voluntary consent" is acceptable (Sec. 1). -Exempts police officers from the aforementioned requirements if it involves a search for which there is a legal basis other than voluntary consent, including, but not limited to, a search in a correctional, detention, jail, or mental heath facility, or the property thereof, or an individual that has already consented to search as a condition of his or her probation or parole (Sec. 1).
Note:

NOTE: THE LEGISLATURE PROVIDES ITS MEMBERS WITH THE OPPORTUNITY TO BOTH VOTE ON WHETHER TO CONCUR WITH THE OPPOSING CHAMBER'S AMENDMENTS AND, IF THE CONCURRENCE VOTE SUCCEEDS, VOTE TO REPASS THE BILL AFTER THE AMENDMENTS ARE INCORPORATED. THIS IS A VOTE ON REPASSAGE OF THE BILL AFTER THE MEMBERS CONCURRED WITH THE OPPOSING CHAMBER'S AMENDMENTS.

Legislation - Bill Passed With Amendment (Senate) (35-0) -

Title: Requiring Police to Inform Citizens of Right to Refuse Searches

Legislation - Bill Passed (House) (37-28) - (Key vote)

Title: Requiring Police to Inform Citizens of Right to Refuse Searches

Vote Smart's Synopsis:

Vote to pass a bill that requires police officers to articulate specified information to and receive consent from an individual before conducting a consensual search of such individual, the individual's effects, or a vehicle.

Highlights:
-Requires police officers to articulate the following to an individual prior to conducting a search (Sec. 1):
    -That the individual is not in custody; -That the individual is being asked to voluntarily consent to a search; and -That the individual has the right to refuse the request to search.
-Requires individuals to provide verbal or written consent in order for the police officer to conduct a search, unless the individual cannot provide verbal or written consent, then "other evidence of affirmation" is acceptable (Sec. 1). -Exempts police officers from the aforementioned requirements if it involves a search for which there is a legal basis, including, but not limited to, a search in a correctional, detention, or jail facility, or the property thereof, or an individual that has already consented to search as a condition of his or her parole (Sec. 1).
Legislation - Introduced (House) -

Title: Requiring Police to Inform Citizens of Right to Refuse Searches

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