BILL SUMMARY for HB09-1123
HOUSE COMMITTEE ON JUDICIARY
|Votes: View--> ||Action Taken: |
|Adopt prepared amendment L.001 (Attachment D). Th|
Refer House Bill 09-1123, as amended, to the Commi
|Pass Without Objection|
02:12 PM -- House Bill 09-1123
Representative Lambert, prime sponsor, presented House Bill 09-1123 concerning changes to crimes related to unlawful treatment of person to align with similar law provisions. This bill modifies existing laws regarding human trafficking to:
- define an adult as a person who is 18 years or older;
- define a child as a person who is under the age of 18;
- increase the penalty for trafficking in children from a class 3 felony to a class 2 felony; and
- remove the requirement that money or a thing of value must be exchanged in order to commit smuggling of a human.
Additionally, the bill adds the following elements to the crime of coercion of involuntary servitude:
abuse or threatened abuse of the law or legal process.
- threats of serious harm or physical restraint against that person or another person;
- a scheme, plan, or pattern intended to cause a person to believe that the person or another person will suffer serious harm or physical restraint if labor or services are not performed; and
Representative Lambert explained that prepared amendment L.003 (Attachment D) addresses concerns raised by Representative Levy and several others about removing the need to provide remuneration from the offense of human
smuggling. He indicated his belief that it is this section of the bill driving the fiscal impact. He discussed the work of a task force convened by the Governor to study the issue of illegal immigration. This bill came directly from that task force.
02:17 PM -- Doug Wilson, Colorado State Public Defender, deferred to Maureen Cain.
02:17 PM -- Maureen Cain, Colorado Criminal Defense Bar, spoke in support of L.001. Ms. Cain discussed her concerns with section 3 of the bill. She believes that section potentially penalizes someone for transporting an illegal immigrant to the hospital. She indicated that amendment L.001 addresses her concerns.
02:23 PM -- Seth Donavan, Colorado Immigrant Rights Coalition, spoke in support of the bill, with the elimination of section 3.
02:26 PM -- Maria Moll, Colorado Association of Chiefs of Police, spoke in support of the bill.
02:28 PM -- Mark Randall, Colorado District Attorneys Council (CDAC), spoke in support of the bill. Mr. Randall indicated that the bill came from the Governor's task force on illegal immigration and the language is consistent with their recommendations. He stressed that section 3 of the bill is important because the need for proof of remuneration in current law ties the hands of law enforcement.
02:37 PM -- Denise Washington, Colorado Coalition Against Domestic Violence, provided qualified support of the bill. Ms. Washington stated her opposition for section 3 of the bill. She indicated that advocates working with immigrants could be unfairly penalized.
02:42 PM -- Peg Ackerman, County Sheriffs of Colorado, spoke in support of the bill as written.
|TIME: || 02:43:14 PM|
|MOTION:||Refer House Bill 09-1123, as amended, to the Committee on Appropriations with a favorable recommendation. The motion passed 9-0, with 2 excused.|
Final YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS