STAFF SUMMARY OF FIRST MEETING OF

FIRST CONFERENCE COMMITTEE ON SB09-241


Date:05/06/2009
ATTENDANCE
Time:12:34 PM to 01:18 PM
Newell
X
Levy
X
Place:SCR 353
Penry
X
Pace
X
This Meeting was called to order by
King S.
X
Senator Morse
Morse
X
This Report was prepared by
Elizabeth Burger

12:35 PM

Representative Levy moved a conceptual conference committee report to adopt the rerevised bill, with amendments to allow the bill's appropriation clause to take effect July 1, 2009, and allowing the Colorado Bureau of Investigation (CBI) to take the necessary steps to implement the bill by modifying the bill's effective date/applicability clause. Senator Morse discussed the effect of the conceptual report on the collection of DNA. and the use of surcharges as a funding source for the bill's provisions. Representative Pace discussed the rerevised bill's requirement that the DNA task force make recommendations prior to the bill taking effect. The conference committee members discussed various issues, including funding the bill's provisions from a surcharge, the involvement of the DNA task force, and the practicality of a system in which DNA is collected at arrest, but not uploaded in to the CBI system until a person is convicted.

12:53 PM

Michael Dohr, Office of Legislative Legal Services, suggested that the statute governing the DNA task force could be amended to give the DNA task force the authority to make recommendations regarding the bill.
BILL:SB09-241
TIME: 12:54:47 PM
MOVED:Levy
MOTION:Adopt a conceptual conference committee report adopting the rerevised bill with amendments to allow the appropriations clause in section 5 of the rerevised bill to take effect July 1, 2009, and modifying the effective date/applicability clause of the bill to allow the Colorado Bureau of Investigation to begin implementing the bill. The motion failed on a 2-4 roll call vote.
SECONDED:
VOTE
Newell
No
Levy
Yes
Penry
No
Pace
Yes
King S.
No
Morse
No
Not Final YES: 2 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: FAIL



12:55 PM

Mr. Dohr discussed prepared draft conference committee report CLSB241.001 (Attachment A), which adopts the reengrossed version of the bill, with amendments. He explained the provisions of the report, stating that the report changes from September 1, 2009, to September 30, 2010, the date on which DNA samples are to begin being collected from arrestees; specifies that an individual whose DNA is collected may seek expungement of the sample if the charges against the person are dismissed or the person is found not guilty; removes the penalty if a law enforcement agency or the Colorado Bureau of Investigation fails to expunge an arrestee's DNA sample; lowers the surcharge to fund the bill's provisions from $5 to $2.50; and relocates provisions related to database searches that are ordered upon the motion of a defendant or his or her counsel.

09ConfCommSB241AttachA.pdf

12:59 PM

Senator Penry moved a conceptual draft report that specifies that a person's DNA be collected upon his or her arrest, but that it not be uploaded to the Colorado Bureau of Investigation until charges are filed, broadens the DNA task force's role to include making recommendations regarding the bills provisions, and adds a $2.50 surcharge to fund the bill's provisions, effective July 1, 2009.

Representative Pace discussed adding a requirement that a district attorney is required to ensure that the DNA of an individual who is not convicted of a crime is expunged. The committee discussed the responsibility for expungement. Representative Levy discussed adding a requirement that individuals who are found not guilty be advised of their opportunity to expunge their DNA. The committee discussed the surcharge to fund the bill's provisions. Representative Pace asked for clarification of the timeline of the implementation of the bill, as amended by Senator Penry's conceptual report, and whether the DNA task force should be required to report its recommendations by a date certain. The committee further discussed whether the DNA task force should be required to make recommendations, and whether the DNA task force could issue a minority and a majority report. Senator Penry amended his conceptual draft report.
BILL:SB09-241
TIME: 01:14:52 PM
MOVED:Penry
MOTION:Adopt a conceptual conference committee report that specifies that a person's DNA is collected upon his or her arrest, but that it is not uploaded to the Colorado Bureau of Investigation until charges against the person are filed; broadens the DNA task force's role to include making recommendations regarding the bill's provisions; requires the DNA task force to submit its recommendations regarding the bill's provisions prior to the start of the next legislative session; specifies that the DNA task force may submit both a minority and a majority report; adds a $2.50 surcharge to fund the bill's provisions, effective July 1, 2009; and requires that individuals who are acquitted or who are not charged with a crime be advised that they may seek expungement of their DNA. The motion passed on a 6-0 roll call vote.
SECONDED:
VOTE
Newell
Yes
Levy
Yes
Penry
Yes
Pace
Yes
King S.
Yes
Morse
Yes
Final YES: 6 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

01:17 PM

The committee adjourned.