Date: 02/19/2009

Final
BILL SUMMARY for HB09-1087

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Adopt prepared amendment L.004 (Attachment C). Th
Adopt prepared amendment L.005 (Attachment D). Ju
Lay over House Bill 09-1087 until May 9, 2009. Th
Postpone House Bill 09-1087 indefinitely. The mot
Refer House Bill 09-1087, as amended, to the Commi
PASS
Pass Without Objection
PASS
FAIL
FAIL



02:44 PM -- House Bill 09-1087

Representative Green returned to discuss House Bill 09-1087 concerning accrual of a civil cause of action arising from commission of a sexual offense against a child. She distributed a strike below amendment L.004 (Attachment C) and an amendment to the amendment, L.005 (Attachment D). She stated that this gives a victim an opportunity to proceed with the merits of their case. She believes that pedophiles continue to assault children until they are unmasked. She sees this bill as a way to protect the public.

09HouseJud0219AttachC.pdf 09HouseJud0219AttachD.pdf
BILL:HB09-1087
TIME: 03:11:05 PM
MOVED:Ryden
MOTION:Adopt prepared amendment L.004 (Attachment C). The amendment strikes everything below the enacting clause. The motion passed on a vote of 6-3, with 2 excused.
SECONDED:Miklosi
VOTE
Apuan
Yes
Court
Yes
Gardner B.
No
King
No
Miklosi
Yes
Pace
Excused
Roberts
Excused
Ryden
Yes
Waller
No
McCann
Yes
Levy
Yes
Not Final YES: 6 NO: 3 EXC: 2 ABS: 0 FINAL ACTION: PASS


BILL:HB09-1087
TIME: 03:09:03 PM
MOVED:Ryden
MOTION:Adopt prepared amendment L.005 (Attachment D). Julie Pelegrin, Office of Legislative Legal Services, appeared to answer questions about vicarious liability. The amendment makes technical changes to L.004. The motion passed without objection.
SECONDED:Miklosi
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:HB09-1087
TIME: 03:11:15 PM
MOVED:Ryden
MOTION:Refer House Bill 09-1087, as amended, to the Committee of the Whole with a favorable recommendation. The motion failed on a vote of 2-7, with 2 excused.
SECONDED:Miklosi
VOTE
Apuan
No
Court
No
Gardner B.
No
King
No
Miklosi
Yes
Pace
Excused
Roberts
Excused
Ryden
Yes
Waller
No
McCann
No
Levy
No
Not Final YES: 2 NO: 7 EXC: 2 ABS: 0 FINAL ACTION: FAIL


BILL:HB09-1087
TIME: 03:12:53 PM
MOVED:Gardner B.
MOTION:Postpone House Bill 09-1087 indefinitely. The motion failed on a vote 4-5, with 2 excused.
SECONDED:Waller
VOTE
Apuan
No
Court
No
Gardner B.
Yes
King
Yes
Miklosi
No
Pace
Excused
Roberts
Excused
Ryden
No
Waller
Yes
McCann
No
Levy
Yes
Not Final YES: 4 NO: 5 EXC: 2 ABS: 0 FINAL ACTION: FAIL


BILL:HB09-1087
TIME: 03:13:50 PM
MOVED:Levy
MOTION:Lay over House Bill 09-1087 until May 9, 2009. The motion passed on a vote of 8-1, with 2 excused.
SECONDED:Gardner B.
VOTE
Apuan
Yes
Court
Yes
Gardner B.
Yes
King
Yes
Miklosi
Yes
Pace
Excused
Roberts
Excused
Ryden
No
Waller
Yes
McCann
Yes
Levy
Yes
Final YES: 8 NO: 1 EXC: 2 ABS: 0 FINAL ACTION: PASS