Limit Arrest for Low-Level Offenses Bill Loses Momentum After Seeing Strong Opposition
During the 2023 legislative session, Colorado lawmakers introduced around 600 bills. Both legislative branches have a historically large majority of Democrats and many of their bills have been fought tooth and nail by Republicans across the state.
Besides a large number of gun-control bills recently signed by Colorado Governor Jared Polis, other bills have been introduced that critics say attack the life of Coloradans who live in rural areas and use a “one-size-fits-all” approach to the entire state.
Some of the recently introduced bills have had opponents speaking out saying that the proposed laws could limit the ability of law enforcement agencies to keep communities safe.
One bill that was introduced this year immediately drew negative attention across the state from local government officials, law enforcement bosses, and retail business organizations. House Bill 23-1169, Limit Arrest for Low-Level Offenses was brought to the House floor on Feb. 2 and assigned to the House Judiciary Committee. But, the bill was indefinitely postponed on April 5 before it made it past the committee.
What Would the Bill Have Done if Passed?
HB 23-1169 was intended to make it so police officers cannot arrest and detain people accused of low-level crimes, instead, they would only be able to issue the person accused of the crime a summons to show up to court for certain offenses.
“The bill prohibits a peace officer from arresting a person based solely on the alleged commission of a petty offense, except for petty theft, a drug petty offense, a Class 2 traffic misdemeanor or comparable municipal offense, and all municipal offenses for which there is no comparable state misdemeanor offense unless the location of the person is unknown and the issuance of an arrest warrant is necessary in order to subject the person to the jurisdiction of the court,” the bill’s summary states.
The bill outlines several exceptions where the proposed law would not limit law enforcement’s authority to arrest a person. For example, people could still be arrested if a custodial arrest is statutorily required, if the offense is a victims’ rights act crime, for driving under the influence/ability impaired, or “a municipal offense with substantially similar elements.”
Even if the bill would have passed, law enforcement agents could still arrest people for traffic offenses that involved death or bodily injury, eluding or attempting to elude a police officer, or operating a vehicle after circumventing an interlock device.
The Bill’s Sponsor Says Arrests for Low-Level Offenses Cause Substantial Harm
Rep. Jennifer Bacon (D-Denver) was the bill’s sole sponsor and she said that limiting arrests for certain low-level offenses could help a person avoid several issues surrounding going to jail and having to bond out. The text of the bill states that arresting people for low-level offenses makes issues like homelessness, behavioral health, and substance use harder for the person to overcome.
“The amount of potential harm that can come from someone not only being physically arrested but jailed for a day or so certainly outweighs some of the collateral damage,” Rep. Bacon told Denver 7. “If someone is jailed for trespassing for 24 hours, and they’re unhoused, they can lose their bed in a shelter. If a parent is jailed for 24 hours for a barking dog, they can lose their kids, let alone their job. We’re trying to really balance the crime and the consequences if you will, and that’s really where this bill came from.”
According to an article published by Denver 7, the bill experienced a number of revisions and it does not include any crimes at the misdemeanor or felony levels. Some of the petty offenses including in the bill that would not qualify for arrests include trespassing, abandoning a motor vehicle, and disorderly conduct.
“How can we balance public safety and petty offenses?” Bacon asked. “All it takes, unfortunately, is one law enforcement officer who doesn’t care to de-escalate that will get somebody hurt. And what we are saying is, if you have to give them a ticket, then you do not have your option of putting your hands on them.”
Several Community Leaders and Organizations Speak Out Against the Bill
As soon as the bill hit the House floor, law enforcement agents, mayors, and those who represent the retail industry showed strong opposition. Most thought that law enforcement needs to be able to make arrests in certain situations and limiting their power to do so could cause more crimes.
Among the various groups opposing the bill, the Colorado Municipal League, which is a nonprofit, nonpartisan organization that represents the interests of 270 cities and towns in the state, also issued a press release detailing how many organizations think the passage of the bill could be detrimental to the state.
“The success of businesses in our cities and towns is vital to the provision of essential services, a strong sense of community, and the economic vitality of CML’s 270 member municipalities,” said Kevin Bommer, Executive Director of the Colorado Municipal League.
Christopher Howes, the President of the Colorado Retail Council, also warned lawmakers of the potential harm the bill could do to the retail industry across the state. “Colorado retailers play an important part in maintaining the vitality of our neighborhoods,” Howes said. “They are already experiencing daily challenges with trespassing, product theft, harassment of customers, and illegal drug use in their stores. If House Bill 1169 were to pass and law enforcement could not make arrests, we are certain that these problems would be exacerbated, not improved.”
Grier Bailey from the Colorado Convenience Store Association also agreed that if passed, the bill could do more harm than good. “Small convenience stores are 70 percent owned by Colorado families. These folks take money out of family budgets to buy the products they offer to the communities we serve,” Bailey said. “This legislation says that a person can willfully disregard the stores that people use to provide for their own families. Taking tools away from our law enforcement partners is the wrong direction for Colorado to go and gives a shop owner no options if someone is harming their family business. This proposal harms communities.”
During a recent Teller County Commissioners meeting, the commissioners and Teller County Sheriff also spoke against the bill and feared the implications on rural communities.
“I started a new program that I am going to run, and it’s called name the ‘idiot of the week,’” blasted Sheriff Jason Mikesell during the meeting. “And that brings up the House Bill 1169, which was presented by the ‘idiot of the week,’ which is (Rep. Jennifer) Bacon. Ms. Bacon is a Denver House member who decided to attempt to stop arrests for all misdemeanor criminal offenses. This would outlaw us from being able to arrest people for disorderly conduct. Disorderly conduct is usually two parties that are arguing or fighting. So, now they can fight in the middle of the street and all we can do is throw a summons at them because we can’t touch them.”
Teller County Commissioner Dan Williams agreed with the sheriff and he said that he feared that the bill could force people in rural areas to take matters into their own hands if law enforcement can’t arrest people for crimes like trespassing or criminal mischief.
“What this really does is create victims in Colorado that don’t have any recourse for anything,” the sheriff said. “Now, people start taking the law into their own hands because they have no other choice. We are creating criminals out of good people. But, that seems to be the way right now.”
