Bill Summary for Bill Number SB10-128

Date: 05/03/2010

Final
BILL SUMMARY for SB10-128

HOUSE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Adopt prepared amendment L.010 (Attachment H). Th Refer Senate Bill 10-128, as amended, to the Commi	Pass Without Objection PASS

04:30 PM -- Senate Bill 10-128

Representative Rice, sponsor, presented Senate Bill 10-128 concerning invasion of privacy. The reengrossed bill moves the offense of invasion of privacy for sexual gratification from the unlawful sexual contact statute to its own statute. The penalty for invasion of privacy for sexual gratification is raised from a class 1 misdemeanor to a class 6 felony when it is the second or subsequent offense or the person observed or photographed is under the age of 15. The definition of a "photograph" for the purpose of invasion of privacy for sexual gratification and criminal invasion of privacy is expanded to include a live feed.

The penalty for the offense of eavesdropping is lowered from a class 6 felony to a class 1 misdemeanor. The sections of the bill pertaining to invasion of privacy for sexual gratification do not take effect until July 1, 2012, and the remaining portions of the bill take effect July 1, 2010.

Representative Rice responded to questions from the committee. Representative Levy distributed prepared amendments L.009 (Attachment G) and L.010 (Attachment H).

04:41 PM -- Doug Wilson, Colorado State Public Defender, spoke in opposition to the bill. Mr. Wilson noted that the bill does not make a distinction between adult and juvenile offenders. Both would have to register as sex offenders. He discussed the current penalty levels for possession of private photographs and how the bill's penalty provisions differ from each other. He stated that the bill's provisions will make it difficult for defendants to disprove that their acts were not for sexual gratification. He further responded to questions from Representative Levy regarding how the elements of a crime involving a live feed could be proved.

04:55 PM -- Leslie Krueger-Pagett, representing herself, and Kim Dvorchak, representing the Colorado Juvenile Defender Coalition, spoke in opposition to the bill. Ms. Krueger-Pagett spoke to the effect of the bill on juveniles. She expressed her concerns about the broadness of the bill. Ms. Dvorchak discussed the new trend of "sexting," which could potentially be prosecuted under the provisions of the bill. She continued to talk about the effect of the bill on juveniles. She stated that juveniles are not entitled to a trial in misdemeanor cases. She reiterated Ms. Krueger-Pagett's concerns about the broadness of the bill. Ms. Dvorchak and Ms. Krueger-Pagett responded to questions from the committee.

05:14 PM -- Erin Jemison, Colorado Coalition Against Sexual Assault, spoke in support of the bill. Ms. Jemison stated her opinion that the bill provides clarity and allows invasion of privacy and voyeurism to be treated as serious incidents. She argued that these situations are often part of a continuum, rather than isolated incidents. She discussed the trauma experienced by victims of voyeurism. Ms. Jemison stated that the bill provides another tool to hold sex offenders accountable. She responded to questions from the committee.

05:22 PM -- Amy Ollivier, representing herself, spoke in support of the bill. Ms. Ollivier shared her personal experience as a victim of voyeurism.

05:26 PM -- Tom Hill, County Sheriffs of Colorado, spoke in support of the bill. Mr. Hill stated that the sheriffs support the version of the bill that came out of the Senate.

05:32 PM -- Jan Lucas, Colorado Hotel and Lodging Association, spoke in support of the bill. Ms. Lucas spoke about her concern with protecting the safety and security of hotel and lodging guests.

05:36 PM -- Mark Randall, CDAC, spoke in support of the bill. Mr. Randall discussed current law that addresses voyeurism and the history of the state's "peeping tom" laws. He talked about the need for adding a live feed to law because law enforcement cannot prove what a perpetrator observed over a live feed. Mr. Randall responded to extensive questioning from the committee about current law and the prosecution of sex offenders.

05:58 PM

Mr. Randall and the committee continued to discuss the effects of the bill.


BILL:	SB10-128
TIME:	06:07:58 PM
MOVED:	Levy
MOTION:	Adopt prepared amendment L.010 (Attachment H). The motion passed without objection.
SECONDED:	Court
		VOTE
	Court
	Gardner B.
	Kagan
	King S.
	Miklosi	Excused
	Nikkel
	Pace
	Ryden
	Waller
	McCann
	Levy

Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

06:10 PM

Members of the committee discussed their positions on the bill.


BILL:	SB10-128
TIME:	06:17:59 PM
MOVED:	Court
MOTION:	Refer Senate Bill 10-128, as amended, to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 9-1, with 1 excused.
SECONDED:	McCann
		VOTE
	Court	Yes
	Gardner B.	Yes
	Kagan	Yes
	King S.	Yes
	Miklosi	Excused
	Nikkel	Yes
	Pace	No
	Ryden	Yes
	Waller	Yes
	McCann	Yes
	Levy	Yes

Final YES: 9 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS