House Committee on Judiciary (02/14/2012)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:	02/14/2012	ATTENDANCE

Time:	11:39 AM to 04:44 PM	DelGrosso	X
		Duran	X
Place:	HCR 0107	Kagan	X
		Lee	X
This Meeting was called to order by		Nikkel	*
	Representative Gardner B.	Pabon	X
		Ryden	X
This Report was prepared by		Sonnenberg	*
	Jessika Shipley	Waller	*
		Barker	X
		Gardner B.	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB12-1231 HB12-1139 HB12-1233 HB12-1164 HB12-1151		Referred to the Committee of the Whole Referred to the Committee of the Whole Referred to the Committee of the Whole Postponed Indefinitely Amended, Referred to the Committee of the Whole

11:39 AM -- House Bill 12-1231

Representative Ryden, prime sponsor, presented House Bill 12-1231 concerning the authority of the Department of Revenue to allow licensed private investigators access to certain motor vehicle records for specified purposes. The bill requires private investigators, private investigative agencies, and security services to be licensed in order to access driver's licenses and motor vehicle registration information.

Background. Colorado does not currently require private investigators to be licensed to access drivers' license and motor vehicle registration information. In addition, Colorado law does not require the licensing of private investigative agencies or security services. House Bill 11-1195, which was signed into law on June 10, 2011, established a voluntary licensure program for private investigators. Under the bill, beginning July 1, 2012, only individuals who meet certain requirements and have been issued a voluntary state license may use the term "licensed private investigator." The licensing program is repealed, effective July 1, 2016, following a sunset review.

Representative Ryden distributed written material containing state and federal laws related to the bill (Attachment A). She responded to questions from the committee.

11:44 AM -- Dan Schoen, representing the Colorado Criminal Defense Bar, testified in support of the bill. Mr. Schoen spoke about access to driver's license information by the general public and discussed ambiguities in current law. He responded to questions from the committee.

11:49 AM -- Dean Beers, representing the National Council of Investigation and Security Services, testified in support of the bill. Mr. Beers stated that the bill streamlines the process of gaining access to driver's license records and brings Colorado law into conformance with the federal Driver's Privacy Protection Act (DPPA). He responded to questions from the committee about the difference between the federal DPPA and a state version of the law. Discussion ensued about the need for the bill.

12:00 PM -- Chris Bray, representing himself, testified in support of the bill. Mr. Bray discussed the need for the bill from the perspective of a private investigator. He spoke about the definition of a licensed private investigator and addressed permissible reasons under the federal DPPA for gaining access to driver's license records. He expressed his opinion that employees of the Department of Revenue feel discomfort when sharing records with members of the public who may not have a legitimate purpose or need for such records. He indicated that the bill will provide Department of Revenue staff with insurance that records are being released legitimately. Mr. Bray discussed the ways the bill brings Colorado law into conformance with the federal DPPA. He responded to questions from the committee. Discussion ensued about whether the bill accomplishes the goal of the proponents.

12:18 PM

Representative Ryden wrapped up her presentation of the bill and asked for a favorable recommendation.


BILL:	HB12-1231
TIME:	12:20:55 PM
MOVED:	Ryden
MOTION:	Refer House Bill 12-1231 to the Committee of the Whole. The motion passed on a vote of 8-3.
SECONDED:	Kagan
		VOTE
	DelGrosso	Yes
	Duran	Yes
	Kagan	Yes
	Lee	Yes
	Nikkel	No
	Pabon	No
	Ryden	Yes
	Sonnenberg	No
	Waller	Yes
	Barker	Yes
	Gardner B.	Yes

Final YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

12:21 PM

The committee recessed for lunch.

01:34 PM -- House Bill 12-1139

The committee came back to order.

Representative Levy, prime sponsor, presented House Bill 12-1139 concerning pretrial detention of children prosecuted as adults. The bill changes the presumption in current law that juveniles who are charged as adults, a process known as direct filing, be detained pending a trial in an adult jail facility. Under the bill, such juvenile defendants are required to be held in a juvenile facility unless a judge determines, after a hearing, that the appropriate place of confinement is an adult jail. The bill lists a number of factors the court must consider when making such a determination. The court's decision to place a juvenile defendant in an adult facility is subject to review by the court, upon the filing of a petition by the juvenile.

The Division of Youth Corrections (DYC) in the Department of Human Services may petition the court to move a juvenile, who is being held in a juvenile detention facility, to an adult facility in a case where the juvenile detention placement presents an imminent danger to others.

01:39 PM -- Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill. Ms. Ackerman stated that sheriffs do not want children in county jails for reasons of cost, safety, and logistics.

01:41 PM -- Bonnie Ennis, representing herself, testified in support of the bill. Ms. Ennis spoke about her academic work in the area of social work. She discussed the number of juveniles housed in county jails under current law and about adolescent brain development.

01:44 PM -- Bridget Klauber, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Klauber spoke about her experience as a public defender representing juvenile direct file defendants. She responded to questions from the committee about solitary confinement of juveniles in county jails.

01:47 PM -- DeAnn Major, representing Advocacy Denver, testified in support of the bill. Ms. Major spoke about her experience with the mental decompensation of juveniles held in solitary confinement in adult jails.

01:49 PM -- Dr. Skip Barber, representing the Colorado Association of Family and Children's Agencies, testified in support of the bill. Dr. Barber spoke about the treatment of juveniles in adult jails. He stressed that these juveniles are innocent until proven guilty. He responded to questions from the committee.

01:52 PM -- Kim Dvorchak, representing the Colorado Juvenile Defender Coalition, testified in support of the bill. Ms. Dvorchak distributed the written testimony of Nicole Miera, the sister of a young man who committed suicide while in an adult jail (Attachment B). Ms. Dvorchak spoke about other juvenile suicides in adult jails.

01:55 PM -- Tamar Wilson, representing the Colorado District Attorneys' Council, testified in support of the bill. Ms. Wilson stated that the Attorney General also supports the bill.

01:56 PM

Representative Levy wrapped up her presentation of the bill and asked for a favorable recommendation. Members of the committee commented about their positions on the bill.


BILL:	HB12-1139
TIME:	01:59:41 PM
MOVED:	Nikkel
MOTION:	Refer House Bill 12-1139 to the Committee of the Whole. The motion passed on a vote of 10-0, with 1 excused.
SECONDED:	Ryden
		VOTE
	DelGrosso	Yes
	Duran	Excused
	Kagan	Yes
	Lee	Yes
	Nikkel	Yes
	Pabon	Yes
	Ryden	Yes
	Sonnenberg	Yes
	Waller	Yes
	Barker	Yes
	Gardner B.	Yes

Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:00 PM -- House Bill 12-1233

Representative Labuda, prime sponsor, presented House Bill 12-1233 concerning the ability of a court to enter a decree of legal separation in certain circumstances without the appearance of the parties. For persons seeking a legal separation who are in a marriage with no children and who have entered into a written agreement on the division of martial property, the bill allows the court to enter a decree of legal separation by affidavit without the appearance of either party. This bill aligns the procedures for legal separation with that of dissolution of marriage.

Representative Labuda distributed a fact sheet about the bill (Attachment C) and responded to questions from the committee.

02:03 PM -- Brenda Storey, representing the Colorado Bar Association, testified in support of the bill. Ms. Storey indicated that the bill will save time and money for the courts and litigants. She spoke about legal separation proceedings in Colorado.

02:09 PM

Representative Labuda wrapped up her presentation of the bill.


BILL:	HB12-1233
TIME:	02:09:40 PM
MOVED:	Barker
MOTION:	Refer House Bill 12-1233 to the Committee of the Whole. The motion passed on a vote of 8-2, with 1 excused.
SECONDED:	Pabon
		VOTE
	DelGrosso	Yes
	Duran	Excused
	Kagan	Yes
	Lee	Yes
	Nikkel	No
	Pabon	Yes
	Ryden	Yes
	Sonnenberg	No
	Waller	Yes
	Barker	Yes
	Gardner B.	Yes

Final YES: 8 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:11 PM -- House Bill 12-1164

The committee took a brief recess.

02:16 PM

The committee came back to order.

Representative Looper, prime sponsor, presented House Bill 11-1164 concerning a requirement for disclosure regarding severed mineral estates upon the conveyance of real estate. Beginning January 1, 2013, the bill requires real estate listing contracts, contracts of sale, and sellers' property disclosures to include a notice regarding 1) whether the mineral estate has been severed from the surface estate, and 2) a surface owner's right of first refusal to purchase the mineral estate when the taxes have not been paid. The Real Estate Commission (commission), in the Department of Regulatory Agencies (DORA), is required to promulgate a rule that sets forth the form and content of the disclosure. Listing contracts, contracts for sale, and seller's property disclosures for real property prepared by persons who are not subject to the commission's jurisdiction must contain a disclosure statement in substantially the same form as that specified by the commission.

When the required disclosure statement indicates that the mineral estate has been severed, the seller also is required to provide, at his or her expense, with the disclosure:

a copy of each instrument that severed the mineral estate if the owner has a copy of the instrument;

the name and contact information of the owner of the mineral estate, if the seller has that information;

the name and contact information of any known current lessees of the mineral estate; and

a statement indicating whether mineral exploration or development on the real property will use water that would otherwise be available to the buyer as an incident of ownership of the real property.

The bill also specifies that mineral leases executed on or after the bill's effective date are void and unenforceable, except between the parties to the lease, unless the lease has been recorded in the county clerk and recorder's office in the county where the real property is situated.

Representative Looper distributed prepared amendment L.001 (Attachment D) and a standard form contract to buy and sell real estate in Colorado (Attachment E). She responded to questions from the committee.

02:33 PM -- Rick Blotter, representing himself, testified in support of the bill. Mr. Blotter spoke about his experience as a landowner who does not own the mineral rights to his property. He responded to questions from the committee.

02:41 PM -- Bev Blotter, representing herself, testified in support of the bill. Ms. Blotter discussed her experience with oil and gas companies that want to drill on her land.

02:46 PM -- Rachel Nance, representing the Colorado Association of Realtors, testified in opposition to the bill. Ms. Nance stated her opinion that the bill is unnecessary because the standard contract to buy and sell real property in Colorado already includes a notation that mineral rights may not be transferred with the property. She responded to questions from the committee. Discussion ensued about whether current law is sufficient to achieve the goal of the proponents.

03:06 PM

Discussion continued about the necessity of the bill.

03:10 PM -- Stan Dempsey, representing the Colorado Petroleum Association, testified in opposition to the bill. Mr. Dempsey urged the committee to use caution when addressing real estate laws. He spoke about his concerns with language in the bill beginning on line 27 of page 3 of the bill. He spoke about the exploration and production of oil and gas in Colorado. He indicated that the bill needs further work. Mr. Dempsey responded to questions from the committee.

03:19 PM -- Cathy Wanstrath, representing the Land Title Association of Colorado, testified about the bill. Ms. Wanstrath discussed the process of writing a title insurance policy. She responded to questions from the committee about the function of a title company.


BILL:	HB12-1164
TIME:	03:31:10 PM
MOVED:	Pabon
MOTION:	Adopt prepared amendment L.001 (Attachment D). The motion passed without objection.
SECONDED:	Kagan
		VOTE
	DelGrosso
	Duran
	Kagan
	Lee
	Nikkel
	Pabon
	Ryden
	Sonnenberg
	Waller
	Barker
	Gardner B.

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

03:34 PM

Members of the committee commented about their positions on the bill.


BILL:	HB12-1164
TIME:	03:38:44 PM
MOVED:	Pabon
MOTION:	Refer House Bill 12-1164 to the Committee of the Whole. The motion failed on a vote of 4-7.
SECONDED:	Duran
		VOTE
	DelGrosso	No
	Duran	Yes
	Kagan	No
	Lee	Yes
	Nikkel	No
	Pabon	Yes
	Ryden	Yes
	Sonnenberg	No
	Waller	No
	Barker	No
	Gardner B.	No

YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB12-1164
TIME:	03:39:52 PM
MOVED:	Kagan
MOTION:	Postpone indefinitely House Bill 12-1164. The motion passed on a vote of 7-4.
SECONDED:	Waller
		VOTE
	DelGrosso	Yes
	Duran	No
	Kagan	Yes
	Lee	No
	Nikkel	Yes
	Pabon	No
	Ryden	No
	Sonnenberg	Yes
	Waller	Yes
	Barker	Yes
	Gardner B.	Yes

Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:40 PM -- House Bill 12-1151

Representative McCann, prime sponsor, presented House Bill 12-1151 concerning the trafficking of human beings. The bill makes the following changes to laws related to human trafficking:

individuals convicted of trafficking in adults, trafficking in children, or coercion of involuntary servitude may be held liable for actual damages caused as a result of the behavior that caused the conviction;

real property or vehicles used for the purpose of trafficking in adults, trafficking in children, or coercion of involuntary servitude are deemed a class 1 public nuisance, making them subject to seizure, confiscation and forfeiture;

individuals under the age of 18 who have been trafficked or coerced into involuntary servitude are considered victims for the purpose of orders of restitution;

escort services are required to include a notice describing the statutory provisions concerning human trafficking and slavery in a standard written contract for services; and

the Interagency Task Force on Trafficking in Persons is repealed.

Additionally, under current law, individuals who have been adjudicated for an offense involving unlawful sexual behavior are ineligible to petition for expungement of a juvenile record. The bill creates an exception for an individual who demonstrates that, at the time the offense was committed, he or she had been sold, exchanged, bartered, or leased by another person for the purpose of performing the offense or was coerced by another person to perform the offense.

Representative McCann distributed prepared amendments L.001, L.002, L.003, and L.004 (Attachments F through I, respectively). The committee took a brief recess.

03:43 PM

The committee came back to order.

Representative McCann explained the amendments and responded to questions from the committee about the amendments and the bill.

03:51 PM -- Sterling Harris, representing the Colorado Organization for Victim Assistance (COVA), testified in support of the bill. Ms. Harris spoke about the effects of human trafficking on victims.

03:54 PM -- Becky Bullard, representing COVA, testified in support of the bill. Ms. Bullard spoke about the proposed amendments and the benefits of visibly posting notices about trafficking offenses. She responded to questions from the committee.

04:03 PM -- Janet Drake, representing the Colorado Attorney General's Office, testified in support of the bill. Ms. Drake spoke about her experience as a prosecutor of human trafficking cases. She stated her opinion that current law does not provide a clear cause of action for civil suits against human traffickers. She indicated that this bill resolves that problem and makes it easier to sue human traffickers for civil damages.

04:08 PM -- Captain Bill Nagle, representing the Denver Police Department, testified in support of the bill. Captain Nagle discussed his experience in the areas of vice and narcotics. He spoke about the importance of allowing victims of human trafficking to expunge their records. He responded to questions from the committee about conviction rates for human trafficking crimes.

04:17 PM -- Tamar Wilson, representing the Colorado District Attorneys' Council, testified in support of the bill with the passage of amendments L.003 and L.005.

04:17 PM -- Billie Jackson, representing the Sex Workers Outreach Project, testified in support of the bill. Ms. Jackson discussed her background and spoke about the expungement and sealing of criminal records. She distributed an article about human trafficking (Attachment J).

04:21 PM -- Beth Klein, representing herself, testified in support of the bill. Ms. Klein discussed her background and experience with national and international human trafficking law. She spoke about the effect of human trafficking on the victims. She responded to questions from the committee.

04:33 PM -- Austen Spotts, representing herself, testified in support of the bill. Ms. Spotts discussed her experience as a victim of human trafficking.

04:34 PM

Representative McCann explained the amendments further.


BILL:	HB12-1151
TIME:	04:35:01 PM
MOVED:	Pabon
MOTION:	Adopt prepared amendment L.001 (Attachment F). The motion passed without objection.
SECONDED:	Duran
		VOTE
	DelGrosso
	Duran
	Kagan
	Lee
	Nikkel
	Pabon
	Ryden
	Sonnenberg
	Waller
	Barker
	Gardner B.

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB12-1151
TIME:	04:38:44 PM
MOVED:	Pabon
MOTION:	Adopt prepared amendment L.002 (Attachment G). The motion passed without objection.
SECONDED:	Duran
		VOTE
	DelGrosso
	Duran
	Kagan
	Lee
	Nikkel
	Pabon
	Ryden
	Sonnenberg
	Waller
	Barker
	Gardner B.

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB12-1151
TIME:	04:41:40 PM
MOVED:	Ryden
MOTION:	Adopt prepared amendment L.004 (Attachment I), which amends L.003. The motion passed without objection.
SECONDED:	Pabon
		VOTE
	DelGrosso
	Duran
	Kagan
	Lee
	Nikkel
	Pabon
	Ryden
	Sonnenberg
	Waller
	Barker
	Gardner B.

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB12-1151
TIME:	04:42:11 PM
MOVED:	Pabon
MOTION:	Adopt prepared amendment L.003 (Attachment H), as amended. The motion passed without objection.
SECONDED:	Ryden
		VOTE
	DelGrosso
	Duran
	Kagan
	Lee
	Nikkel
	Pabon
	Ryden
	Sonnenberg
	Waller
	Barker
	Gardner B.

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB12-1151
TIME:	04:43:47 PM
MOVED:	Ryden
MOTION:	Refer House Bill 12-1151, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED:	Pabon
		VOTE
	DelGrosso	Yes
	Duran	Yes
	Kagan	Yes
	Lee	Yes
	Nikkel	Yes
	Pabon	Yes
	Ryden	Yes
	Sonnenberg	Yes
	Waller	Yes
	Barker	Yes
	Gardner B.	Yes

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

04:44 PM

The committee adjourned.