House Committee on Judiciary (03/30/2009)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:	03/30/2009	ATTENDANCE

Time:	01:32 PM to 02:02 PM	Apuan	X
		Court	X
Place:	HCR 0107	Gardner B.	X
		King	X
This Meeting was called to order by		Miklosi	*
	Representative Levy	Pace	X
		Roberts	X
This Report was prepared by		Ryden	X
	Jessika Shipley	Waller	X
		McCann	X
		Levy	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB09-1316		Amended, Referred to the Committee of the Whole

01:32 PM -- House Bill 09-1316

Representative Solano, prime sponsor, presented House Bill 09-1316 concerning public dissemination of personal information of a person working in the criminal justice system. The bill expands the existing crime of posting personal information about a peace officer on the Internet to include law enforcement officials. A law enforcement official includes a peace officer, a judge, a magistrate, or a prosecutor. A violation of this crime is a class 1 misdemeanor.

Law enforcement officials also may request that their address and telephone number be kept confidential on public records if they believe that they, or a member of their immediate family, might be in danger of harm. To request that a public record be kept confidential, a law enforcement officer must make the request at the appropriate office where the record is held. The Office of the Secretary of State is to develop a form to be used for law enforcement officials to apply to have their records kept private. The public custodian of the record may assess a fee of up to $5.00 per application. Certain exceptions apply, such as criminal justice agencies or a person who requires the address and telephone number to comply with federal or state law.

Representative Solano distributed prepared amendment L.001, L.002, and L.003 (Attachments A, B, and C). She explained what each of the amendments does and responded to questions from the committee about the amendments.

01:42 PM

Representative Solano responded to committee questions about the scope of the bill and the bill's provisions related to what can be posted on the internet. Representative Gardner expressed concern that the bill might have unintended consequences.

01:44 PM -- Charles Rose, representing the Colorado Municipal Judges Association, testified in support of the bill. Judge Rose responded to earlier committee questions around enforcement. He described personal experiences related to threats to his personal safety as a result of his position as a public official. He discussed possible recourse for threats against judges and how Section 18-9-313, C.R.S., does not cover many situations. He stated that making personal information more difficult to obtain will stop a large portion of incidents against law enforcement officials. Judge Rose responded to questions from the committee.

01:58 PM

Representative Solano asked for a member who would offer amendments L.001 and L.002, but said that she does not wish L.003 to be offered at this time. She indicated that the Legislative Council memorandum states that, with the passage of L.001, the fiscal impact of the bill is removed (Attachment D).


BILL:	HB09-1316
TIME:	01:59:06 PM
MOVED:	Court
MOTION:	Adopt prepared amendment L.001 (Attachment A). The amendment strikes section 2 of the bill. The motion passed without objection.
SECONDED:	Gardner B.
		VOTE
	Apuan
	Court
	Gardner B.
	King
	Miklosi
	Pace
	Roberts
	Ryden
	Waller
	McCann
	Levy

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1316
TIME:	01:59:38 PM
MOVED:	McCann
MOTION:	Adopt prepared amendment L.002 (Attachment B). The amendment adds an official's personal mobile phone number and e-mail address to the list of information that cannot be posted to the Internet. The motion passed on a vote of 10-1.
SECONDED:	Court
		VOTE
	Apuan	Yes
	Court	Yes
	Gardner B.	Yes
	King	Yes
	Miklosi	Yes
	Pace	Yes
	Roberts	Yes
	Ryden	Yes
	Waller	No
	McCann	Yes
	Levy	Yes

Not Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB09-1316
TIME:	02:02:50 PM
MOVED:	King
MOTION:	Refer House Bill 09-1316, as amended, to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 11-0.
SECONDED:	Court
		VOTE
	Apuan	Yes
	Court	Yes
	Gardner B.	Yes
	King	Yes
	Miklosi	Yes
	Pace	Yes
	Roberts	Yes
	Ryden	Yes
	Waller	Yes
	McCann	Yes
	Levy	Yes

Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:02 PM

Representative Levy adjourned the committee.