Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date:02/13/2013
ATTENDANCE
Time:10:22 AM to 01:41 PM
Dore
*
Foote
X
Place:LSB A
Humphrey
X
Labuda
X
This Meeting was called to order by
Melton
X
Representative Ryden
Moreno
X
Nordberg
X
This Report was prepared by
Scott
X
Bo Pogue
Williams
X
Salazar
X
Ryden
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB13-1127
HB13-1149
HB13-1045		Postponed Indefinitely
Postponed Indefinitely
Witness Testimony and/or Committee Discussion Only


10:23 AM -- House Bill 13-1127

The committee was called to order. A quorum was present. Representative McNulty, prime sponsor, presented House Bill 13-1127, concerning requiring the defendant to prove the affirmative defense of not guilty by reason of insanity by clear and convincing evidence. Representative McNulty presented background on his reasons for sponsoring the legislation, and explained the effect of the bill. Representative McNulty discussed laws concerning the insanity defense in other states. Representative McNulty responded to questions regarding jurisprudence concerning the insanity defense, and changes to the Colorado Constitution that may affect the outcome of future court cases pertaining to the insanity defense.


10:34 AM

Discussion continued regarding the potential unconstitutionality of House Bill 13-1127. Representative McNulty responded to questions about laws in other states pertaining to the affirmative defense of not guilty by reason of insanity, and the effect of the bill on the presumption of innocence for defendants. Representative McNulty responded to further questions regarding the difficulty of proving a defendant's innocence under the bill, and the difference between the insanity defense and other defenses. Representative McNulty responded to questions regarding his preference for ensuring the ability to prosecute as compared to the ability to defend one's self in a criminal proceeding.













10:45 AM

A general discussion ensued regarding the burden of proof for the prosecution in comparison to the burden of proof for the defendant. The following persons testified regarding House Bill 13-1127:

10:47 AM -- Mr. Doug Wilson, the Colorado State Public Defender, testified in opposition to the bill. Mr. Wilson provided clarification about an earlier discussion, and discussed the importance of preserving due process rights. He discussed the history of the insanity defense in Colorado, and provided an overview of the elements that must be proven by the prosecution in a case involving the insanity defense. Mr. Wilson also explained how a defendant is sentenced when found guilty by reason of insanity, and further reviewed the legal history of the insanity defense in Colorado. Mr. Wilson discussed the potential for House Bill 13-1127 to be found unconstitutional, and claimed that the bill is an attack on due process rights.

10:53 AM -- Ms. Bridget Klauber, representing the Colorado Criminal Defense Bar, testified in opposition to the bill. Ms. Klauber discussed the intent of the due process clause of the Colorado Constitution, and suggested that the bill would be found unconstitutional in a court of law.


10:57 AM

No amendments were offered to House Bill 13-1127. Representative McNulty provided closing remarks in support of the bill.
BILL:HB13-1127
TIME: 11:01:40 AM
MOVED:Dore
MOTION:Refer House Bill 13-1127 to the Committee of the Whole. The motion failed on a vote of 4-7.
SECONDED:Scott
VOTE
Dore
Yes
Foote
No
Humphrey
Yes
Labuda
No
Melton
No
Moreno
No
Nordberg
Yes
Scott
Yes
Williams
No
Salazar
No
Ryden
No
YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL







BILL:HB13-1127
TIME: 11:02:36 AM
MOVED:Salazar
MOTION:Postpone House Bill 13-1127 indefinitely. The motion passed on a vote of 7-4.
SECONDED:Melton
VOTE
Dore
No
Foote
Yes
Humphrey
No
Labuda
Yes
Melton
Yes
Moreno
Yes
Nordberg
No
Scott
No
Williams
Yes
Salazar
Yes
Ryden
Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS


11:03 AM

The committee recessed.


11:05 AM -- House Bill 13-1149

Representative Szabo, prime sponsor, presented House Bill 13-1149, concerning mandatory sentencing provisions for a defendant convicted of a sex offense against a child who is 14 years of age or younger. The bill is also known as "Jessica's Law," and its provisions are in effect in a number of other states. Representative Szabo provided background on Jessica's Laws, and discussed the importance of protecting the welfare of children. Representative Szabo explained her reasons for sponsoring the bill, and noted that six states, including Colorado, have not passed Jessica's Law. Representative Szabo cited statistics concerning sex offenses against children, and discussed the effect of passing Jessica's Law in other states. Representative Szabo returned to discussing the importance of protecting children.
















11:16 AM

Representative Szabo responded to questions regarding her reasons for running the bill, and the ability of sex offenders to be rehabilitated by the criminal justice system. Representative Szabo responded to further questions regarding her reasons for increasing the penalties for committing a sex offense against a child under the bill.


11:21 AM

The following persons testified regarding House Bill 13-1149:

11:21 AM -- Ms. Laurie Rose Kepros, representing the State Public Defender and the Colorado Criminal Defense Bar, testified in opposition to the bill. Ms. Kepros explained that the current sentencing scheme in Colorado keeps the recidivism rate low for sex offenders, and discussed the standards that a convicted sex offender must meet to be paroled. She also explained the sentences that sex offenders face in Colorado, and discussed the number of sex offenders that are confined for an indefinite period of time. Ms. Kepros provided examples of crimes that trigger mandatory sentences in Colorado, and discussed sentencing associated with sex crimes that removes sentencing discretion for judges. Ms. Kepros discussed the effect of long-term prison sentencing on sex offenders, and explained how mandatory sentences run contrary to core corrections principles.


11:31 AM

Ms. Kepros returned to discussing the conditions that convicted sex offenders must meet for parole, and the recidivism rate for sex offenders. Ms. Kepros discussed the environment in which most sex crimes occur, and noted certain opposition to mandatory sentencing laws. Ms. Kepros responded to questions regarding the crimes and sentences covered by House Bill 13-1149, and the difference between a pattern offender and a habitual offender under law. Ms. Kepros responded to further questions regarding how pattern offenses are established.


11:42 AM

Discussion ensued regarding a hypothetical offense described by Ms. Kepros during earlier testimony, and potential defenses available in the hypothetical situation under House Bill 13-1149. Ms. Kerry White, Legislative Council Staff, discussed some questions raised about the data contained in the fiscal note pertaining to sentences covered by the bill and under current law. Discussion ensued regarding this sentencing data.


11:52 AM

Discussion continued regarding current law governing sentences for sex offenses in Colorado. Discussion followed regarding the difference between an indeterminate sentence and a determinate sentence, and the potential effects of instituting Jessica's Law with regard to both criminal deterrence and criminal justice. Ms. Kepros responded to questions regarding how Colorado's sex offense sentencing compares to other states, and judicial sentencing discretion. Representative Szabo cited the position of district attorneys on the bill.









12:04 PM -- Ms. Stacie Rumenap, representing Stop Child Predators, testified in support of House Bill 13-1149. Ms. Rumenap discussed the work of her organization, and recent steps taken nationwide to reduce sex offenses against children, as well as the efforts her organization has taken to protect children. Ms. Rumenap discussed the rate of offenses against children, and laws similar to House Bill 13-1149 in other states. Ms. Rumenap explained why the minimum sentence in Jessica's Laws is set at 25 years, and discussed the recidivism rate for sex offenders who have committed crimes against children. Ms. Rumenap cited statistics pertaining to such recidivism, and discussed the crimes that would be addressed by House Bill 13-1149.


12:16 PM

Ms. Rumenap discussed the frequency with which Jessica's Laws come into play during sex offense prosecutions in other states, and cited studies indicating that certain classes of sex offenders are unable to be rehabilitated. Ms. Rumenap responded to questions regarding the use of Jessica's Laws in other states, and the reasons that these laws do not affect sentencing more often. Ms. Rumenap responded to further questions regarding sentencing discretion on the part of judges in child sex offense cases. Discussion ensued regarding the court's sentencing discretion under House Bill 13-1149, and the crimes covered by the bill.


12:27 PM

Ms. Rumenap responded to questions regarding the purpose of a sentence of lifetime supervised probation.

12:32 PM -- Mr. Mark Lunsford, representing Jessica Lunsford, testified in support of the House Bill 13-1149. Mr. Lunsford discussed the crime committed against his daughter Jessica, and associated events. Mr. Lunsford also discussed the perpetrator of the crime.


12:43 PM

Mr. Lunsford continued to discuss the crime committed against his daughter, and associated events. He also discussed how the crime has affected him, and sex offender recidivism. Mr. Lunsford discussed the use of Jessica's Law as a sentencing tool, and sentencing discretion. Mr. Lunsford discussed the importance of protecting children, and the sentencing that faced the perpetrator of the crime against his daughter.


12:53 PM

Mr. Lunsford returned to discussing the use of Jessica's Law as a sentencing tool. Mr. Lunsford responded to questions regarding how the passage of House Bill 13-1149 would help victims.















12:55 PM

No amendments were offered to House Bill 13-1149. Representative Szabo provided closing remarks in support of the bill. Committee members expressed their positions on the bill.
BILL:HB13-1149
TIME: 12:57:22 PM
MOVED:Nordberg
MOTION:Refer House Bill 13-1149 to the Committee on Appropriations. The motion failed on a vote of 4-7.
SECONDED:Scott
VOTE
Dore
Yes
Foote
No
Humphrey
Yes
Labuda
No
Melton
No
Moreno
No
Nordberg
Yes
Scott
Yes
Williams
No
Salazar
No
Ryden
No
YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL

























BILL:HB13-1149
TIME: 12:59:33 PM
MOVED:Melton
MOTION:Postpone House Bill 13-1149 indefinitely. The motion passed on a vote of 7-4.
SECONDED:Salazar
VOTE
Dore
No
Foote
Yes
Humphrey
No
Labuda
Yes
Melton
Yes
Moreno
Yes
Nordberg
No
Scott
No
Williams
Yes
Salazar
Yes
Ryden
Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS


01:00 PM

The committee recessed.


01:09 PM -- House Bill 13-1045

Representative Wright, prime sponsor, presented House Bill 13-1045, concerning prohibiting assistance by the state with enforcement of certain provisions of the federal "National Defense Authorization Act (NDAA) for Fiscal Year 2012." Representative Wright explained the effect of the bill, and discussed cases where the civil liberties of Americans have been abridged on U.S. soil during wartime. He also discussed the efforts of former Governor Ralph Carr to oppose Japanese internment during World War II, and legislation passed in Michigan similar to House Bill 13-1045. Representative Wright explained that the bill targets local law enforcement.



















01:20 PM

The following persons testified regarding House Bill 13-1045:

01:22 PM -- Dr. Mary F. Zesiewicz, representing Colorado Nullifies Injustice, testified in support of the bill. Committee members received written copies of her testimony (Attachment A). Ms. Zesiewicz read her testimony.

13HseState0213AttachA.pdf13HseState0213AttachA.pdf

01:27 PM -- Mr. Earl Bandy, representing the Republican Liberty Caucus, testified in support of the bill. Mr. Bandy discussed bipartisan efforts to address concerns with the NDAA, and cited certain concerns with that act raised by courts pertaining to civil liberties abridgement.

01:30 PM -- Ms. Denise Maes, representing the American Civil Liberties Union (ACLU), testified in support of House Bill 13-1045. Ms. Maes discussed the opposition of the ACLU to certain provisions of the NDAA, and certain objections to the act raised on civil liberties grounds.

01:32 PM -- Mr. Travis Winsor, representing himself, testified in support of the bill. Mr. Winsor discussed the need to protect the freedom of unpopular speech, small businesses, and the underdog against federal overreach.


01:35 PM

Representative Wright responded to questions regarding the use of the bill as a vehicle for anger against the federal government, and the reasons for enacting House Bill 13-1045. Representative Wright clarified the effect of the bill.


01:41 PM

The committee adjourned.