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Committee advances bill to curb reliance on presumptive field drug tests and require plea advisements
Summary
House Bill 1020, advanced unanimously by the Senate Judiciary Committee, would limit arrests and detentions based solely on colorimetric field drug tests for misdemeanor possession and require judges to advise defendants of known error rates before accepting pleas based on such tests.
The Senate Judiciary Committee on March 2 advanced House Bill 10‑20, a bipartisan measure recommended by a working group that reviewed the reliability of colorimetric presumptive drug tests. Sponsors said the bill reduces risk of wrongful arrest and coerced pleas while preserving law enforcement’s ability to seek confirmatory laboratory testing.
Holly Bennett, whose case helped catalyze the working group’s work, described a medical emergency after which she was told a field kit had tested positive for cocaine. She said the test’s result triggered court pressure and financial hardship: "One tiny mistake... created this whole huge scenario for us," she said.
The working group — which included district attorneys, law enforcement, defense advocates, and the Corey Wise Innocence Project — coalesced on two practical reforms: require that officers issue a summons and release (instead of detaining a person) in misdemeanor possession cases when the only basis is a colorimetric field test; and require a trial court advisement before accepting a plea in any case where a presumptive field test was used, explaining the test’s known error rates and the right to request confirmatory testing from an accredited lab.
Jessica Dotter of the Colorado District Attorneys’ Council told the committee the DA community supports the two recommendations and that the measures were designed to avoid public safety issues while preventing convictions or pleas based solely on an unreliable kit. Jeannie Siegel of the Corey Wise Innocence Project said the advisement is intended to educate defendants so they can choose confirmatory testing if they wish.
Committee members questioned whether the bill addresses incarcerated people who have already been sanctioned based on presumptive tests and about laboratory turnaround times; witnesses said the Department of Corrections uses confirmatory testing before filing outside charges but internal disciplinary sanctions remain an area for future work, and that turnaround can vary by lab (Denver’s lab cited a rapid turnaround in some cases).
Senator Wallace moved the bill to the Committee of the Whole with a favorable recommendation; the committee voted 7–0 and placed HB 10‑20 on the consent calendar.
