Date: 04/25/2013

Final
BILL SUMMARY for SB13-227

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Adopt amendment L.006 (Attachment D). The motion p
Adopt amendment L.008 (Attachment E). The motion p
Adopt amendment L.009 (Attachment F). The motion p
Adopt amendment L.011 (Attachment G). The motion p
Adopt amendment L.012 (Attachment H). The motion p
Refer Senate Bill 13-227, as amended, to the Commi		Pass Without Objection
Pass Without Objection
Pass Without Objection
Pass Without Objection
Pass Without Objection
PASS



04:21 PM -- Senate Bill 13-227

Representative Landgraf, sponsor, presented Senate Bill 13-227. The reengrossed bill establishes a process for victims who conceive a child as a result of a sexual assault to file a petition with the court to:

In such cases, the parent-child relationship shall be terminated if clear and convincing evidence shows that the parent was convicted of the sexual assault, the child was conceived a result of that sexual assault, and that termination of the relationship is in the best interests of the child. The bill sets forth the procedures for such filings and states that there is a rebuttable presumption that terminating the parent-child relationship is in the best interest of the child in such cases of conception through sexual assault. The new process applies to persons convicted of sexual assault on or after July 1, 2013. The bill also requires the court to issue a automatic stay of any paternity or civil domestic proceedings if criminal charges are brought alleging a sexual assault that resulted the conception of the child who is the focus of the proceedings. The stay can only be lifted after final disposition of the criminal charges.

The process for the termination of the parent-child relationship created by the bill does not preclude the termination of the parental rights of a parent who commits sexual assault under the Colorado Children's Code, if the provisions of this bill are not applicable. A parent whose rights have been terminated under the bill is not relieved of any obligation for child support unless waived by the victim and has no right to:

In addition, the bill creates a task force on children conceived by rape to study various issues and to make recommendations for protecting rape victims. Among other things, the task force is to address how to handle parental rights cases in which there are allegations that a sexual assault has occurred and a child conceived was from the alleged assault, but no conviction or prosecution for the sexual assault has taken place. The task force is to have 17 members representing various stakeholders, experts, and organizations. Members serve without compensation, and the task force is required to meet during the 2013 legislative interim and submit its report and recommendations to various legislative committees by December 1, 2013. The task force is repealed on January 1, 2014.

04:24 PM -- David Chanley, representing himself, testified in support of the bill. Mr. Chanley stated that his girlfriend, Gabriella, who is a rape survivor, and he have concerns about reporting the rape because the custody laws pertaining to Gabriella's child are not clear.


04:30 PM

The committee discussed whether the bill would help Mr. Chanley and Gabriella with their situation or if it would only apply to rapes that occur on or after the effective date.

04:32 PM -- Gabriella, who did not wish to share her last name or any other information about herself, spoke about her experience as the survivor of a sexual assault. She explained that she now has a child as the result of that assault. She spoke about the importance of the bill. She expressed her concerns about the risks she and her child face as a result of her situation.

04:34 PM -- Debbie Haskins, representing the Office of Legislative Legal Services, came to the table to respond to questions from the committee about the scope of the bill.

04:39 PM -- Valine Demos, representing herself, testified in support of the bill. Ms. Demos discussed her experience as the survivor of a sexual assault, which resulted in the birth of a child. She said that one of the men who attacked her stalked her and wanted custody of her child. Ms. Demos spoke about the long-term effects of her assault. She spoke about the importance of protecting children from rapists.

04:43 PM -- Arnold Hanuman, representing the Colorado District Attorneys' Council, testified from a neutral position on the bill. Mr. Hanuman raised some technical issues with the bill and indicated that amendments were being drafted to address those issues. He responded to questions from the committee.

04:51 PM -- Karen Moldovan, representing the Colorado Coalition Against Sexual Assault, testified in support of the bill. Ms. Moldovan provided examples of cases in which rapists were awarded parental rights to the children conceived by the rape. She discussed the prevalence of sexual violence. She spoke about the benefits provided by the bill, and discussed other states' laws on this issue. Ms. Moldovan discussed statistics concerning reported rapes and convictions in rape cases.

04:57 PM -- Amy Miller, representing the Colorado Coalition Against Domestic Violence, testified in support of the bill. Ms. Miller shared statistics concerning domestic violence and intimate partner rape. She spoke about the work of the task force created by the bill. She read the written testimony of a woman who was a victim of intimate partner sexual assault and abuse. Ms. Miller continued her remarks, discussing judicial discretion and the task force proposed in the bill.


05:06 PM

The committee discussed prepared amendments L.006, L.008, L.009, L.011, and L.012 (Attachments D through H).

13HseJud0425AttachD.pdf13HseJud0425AttachD.pdf 13HseJud0425AttachE.pdf13HseJud0425AttachE.pdf

13HseJud0425AttachF.pdf13HseJud0425AttachF.pdf 13HseJud0425AttachG.pdf13HseJud0425AttachG.pdf

13HseJud0425AttachH.pdf13HseJud0425AttachH.pdf
BILL:SB13-227
TIME: 05:14:47 PM
MOVED:Gardner
MOTION:Adopt amendment L.006 (Attachment D). The motion passed without objection.
SECONDED:Court
VOTE
Buckner
Court
Gardner
Lawrence
McLachlan
Murray
Pettersen
Salazar
Wright
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:SB13-227
TIME: 05:17:37 PM
MOVED:Court
MOTION:Adopt amendment L.008 (Attachment E). The motion passed without objection.
SECONDED:Salazar
VOTE
Buckner
Court
Gardner
Lawrence
McLachlan
Murray
Pettersen
Salazar
Wright
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:SB13-227
TIME: 05:19:12 PM
MOVED:Gardner
MOTION:Adopt amendment L.009 (Attachment F). The motion passed without objection.
SECONDED:Court
VOTE
Buckner
Court
Gardner
Lawrence
McLachlan
Murray
Pettersen
Salazar
Wright
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:SB13-227
TIME: 05:21:11 PM
MOVED:Gardner
MOTION:Adopt amendment L.011 (Attachment G). The motion passed without objection.
SECONDED:Court
VOTE
Buckner
Court
Gardner
Lawrence
McLachlan
Murray
Pettersen
Salazar
Wright
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:SB13-227
TIME: 05:21:48 PM
MOVED:Gardner
MOTION:Adopt amendment L.012 (Attachment H). The motion passed without objection.
SECONDED:Court
VOTE
Buckner
Court
Gardner
Lawrence
McLachlan
Murray
Pettersen
Salazar
Wright
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


05:23 PM

The drafter and committee staff were given permission to make nonsubstantive amendments in the committee report in order to ensure that everything fits together correctly.
BILL:SB13-227
TIME: 05:23:57 PM
MOVED:Gardner
MOTION:Refer Senate Bill 13-227, as amended, to the Committee on Legislative Council. The motion passed on a vote of 11-0.
SECONDED:Salazar
VOTE
Buckner
Yes
Court
Yes
Gardner
Yes
Lawrence
Yes
McLachlan
Yes
Murray
Yes
Pettersen
Yes
Salazar
Yes
Wright
Yes
Lee
Yes
Kagan
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS