Bill Summary for Bill Number HB09-1144

Date: 02/12/2009

Final
BILL SUMMARY for HB09-1144

HOUSE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Postpone indefinitely House Bill 09-1144. The mot Refer House Bill 09-1144 to the Committee on Appro	TIE FAIL

04:11 PM -- House Bill 09-1144

Representative Bradford, prime sponsor, explained the provisions of House Bill 1144 concerning mandatory sentencing provisions for a defendant convicted of a sex offense against a child 14 years or younger. The bill requires a court to impose a mandatory minimum sentence of incarceration of at least 20 years, but no more than 30 years, for an offender who commits a sexual assault on a child when the child is:

14 years old or younger; and
7 years younger than the offender at the time of the offense.

Current law allows for indeterminate sentencing of many serious sex offenders for a maximum period of the offender's natural life. This bill would not change the maximum sentence; it would instead impose a minimum sentence. In the event that an offender sentenced pursuant to this bill is released on parole, the State Board. She distributed a packet of materials to the committee (Attachment K)). Representative Bradford responded to questions from the committee related to how this bill fits into the current laws related to sexual assaults.

04:18 PM -- Doug Wilson spoke in opposition to the bill. Mr. Wilson discussed the unintended consequences of the bill, which include incarceration for consensual sexual touching between a 14 year old and a 21 year old. He talked about current sentencing laws with regard to sex offenders and how sex offenders do not receive good time credit and only receive earned time if they go through treatment. He stressed that no sex offenders actually serve their minimum sentence, but actually serve more time in almost every case. Mr. Wilson responded to questions from the committee about sentencing and treatment for sex offenders in Colorado.

04:32 PM -- Maureen Cain, Colorado Criminal Defense Bar, spoke in opposition to the bill. Ms. Cain stated that mandatory minimum sentences are emotionally desirable, but are not necessarily the best thing for society. She talked about tools for managing sex offenders, focusing on treatment and supervision as the most effective. She discussed studies regarding recidivism of sex offenders, which show that they recidivate at a lower rate than other felons. She stressed the need to sort sex offenders based on risk at the point of sentencing. Approximately 80 percent of sex offenders assault victims who are known to them. Some victims are unwilling to send a family member to prison for the minimum period of time. When sex offenses are not reported, the offenders will not receive treatment.

04:41 PM -- Lauren Croucher, Colorado Coalition Against Sexual Assault, spoke in opposition to the bill. Ms. Croucher reiterated Ms. Cain's point about victims not reporting sex offenses committed by someone known to the victim. Families may pressure children not to report abuse if the possible penalty is severe.

04:45 PM -- Ted Tow spoke in opposition to the bill. Mr. Tow lauded Representative Bradford for her goals in bringing the bill. He has extensive experience in prosecuting sex offenders who offended against children. He discussed the various penalties for sex offenses, including lifetime probation, indeterminate prison sentences, and lifetime parole. Sex offenders are subject to very close supervision, with the possibility of a lifetime prison sentence if probation or parole conditions are violated. Mr. Tow discussed the mandatory penalties for a pattern of abuse and crimes of violence. As a prosecutor, he had to consider the fragility of victims and their ability to testify at trial. He indicated that this bill removes flexibility from prosecution and he feels that the mandatory sentences under current law are sufficient to punish sex offender. He responded to questions from the committee about case law requiring victims to testify and about the dynamics of potential plea bargains if the bill passes.

05:05 PM -- Michael Corn, representing himself, spoke in opposition to the bill. Mr. Corn is a member of the Colorado Criminal Justice Reform Coalition. He stated his belief that this bill will not do anything to rehabilitate criminals.

05:06 PM -- Donna Marie, representing herself, spoke in support of the bill. Ms. Marie read a prepared statement that addressed the harm caused to children by sexual assault.

05:11 PM -- Cindy Hannick, representing herself, spoke in support of the bill. Ms. Hannick related details of her son's sexual assault and the case against the individuals accused. She believes that a pedophile will never stop offending without intervention by the justice system. She discussed the continuing effects of the assault on her son. He has been admitted to Ft. Logan and has suicidal thoughts. She asked for justice for her son.

05:17 PM -- Shawn Hannick, representing himself, spoke in support of the bill. Mr. Hannick related details of his brother's sexual assault. He expressed his belief that the state of Colorado does not care about children are who are molested.

05:20 PM -- Deb Clair, representing herself, spoke in support of the bill. Ms. Clair is a retired Denver police officer and an advocate for child victims of sexual assault. She stressed that children do not have a voice and rely on adults to protect them. She expressed sadness that Colorado has not passed Jessica's Law. She stated that sexual predators are everywhere and discussed her experience investigating sex crimes against children. She talked about the rape and murder of a three-year-old girl and asked for the committee to pass the bill in order to protect children. Ms. Clair responded to questions from the committee regarding the possibility of rehabilitating child sex offenders. She expressed her opinion that they cannot be rehabilitated.

05:30 PM

Representative Bradford wrapped up her presentation of the bill and asked for a favorable recommendation. She addressed the fiscal note and stated that it does not take into account the cost of each victim in terms of therapy and other costs. Committee members commented on the bill.


BILL:	HB09-1144
TIME:	05:43:03 PM
MOVED:	Gardner B.
MOTION:	Refer House Bill 09-1144 to the Committee on Appropriations with a favorable recommendation. Committee members made comments on their positions on the bill. The motion failed on a vote of 4-6, with 1 excused.
SECONDED:	King
		VOTE
	Apuan	Yes
	Court	No
	Gardner B.	Yes
	King	Yes
	Miklosi	Excused
	Pace	No
	Roberts	No
	Ryden	No
	Waller	Yes
	McCann	No
	Levy	No

Not Final YES: 4 NO: 6 EXC: 1 ABS: 0 FINAL ACTION: FAIL


BILL:	HB09-1144
TIME:	05:43:56 PM
MOVED:	Pace
MOTION:	Postpone indefinitely House Bill 09-1144. The motion failed on a vote of 5-5, with 1 excused.
SECONDED:	Levy
		VOTE
	Apuan	No
	Court	Yes
	Gardner B.	No
	King	No
	Miklosi	Excused
	Pace	Yes
	Roberts	No
	Ryden	Yes
	Waller	No
	McCann	Yes
	Levy	Yes

Final YES: 5 NO: 5 EXC: 1 ABS: 0 FINAL ACTION: TIE

05:45 PM

Representative Levy adjourned the committee.