Bill Summary for Bill Number HB14-1162

Date: 03/06/2014

Final
BILL SUMMARY for HB14-1162

HOUSE COMMITTEE ON JUDICIARY

Votes: View-->

Action Taken:

Adopt amendment L.014 (Attachment A). The motion p
Adopt amendment L.014. The motion passed without o
Adopt amendment L.015 (Attachment C). The motion p
Adopt amendment L.018. Withdrawn. The motion pass
Adopt amendment L.019. The motion failed on a vote
Adopt amendment L.019. The motion passed on a vote
Adopt amendment L.020 (Attachment E). The motion p
Amend L.019, page 8, line 40, strike "twenty" and
Amend prepared amendment L.019, page 8, line 40, s
Reconsider amendment L.014. The motion passed on a
Reconsider amendment L.019. The motion passed on a
Refer House Bill 14-1162, as amended, to the Commi
Refer House Bill 14-1162, as amended, to the Commi

Pass Without Objection
PASS

FAIL
PASS
PASS

PASS
PASS
PASS

01:37 PM -- HB14-1162

The committee was called to order. A quorum was present. Representative Landgraf, prime sponsor, presented House Bill 14-1162, concerning protection of the victim of a sexual assault in cases where a child was conceived as a result of the sexual assault, and, in connection therewith, making legislative changes in response to the study by and the report of the recommendations from the Task Force on Children Conceived through Rape. The committee heard testimony on the bill at its February 27 meeting. Representative Kagan discussed the process by which the committee would hear the bill. Representative Salazar explained the effect of prepared amendment L.014 (Attachment A). The amendment strikes everything below the enacting clause. Discussion ensued regarding the position of stakeholders on the amendment.

14HseJud0306AttachA.pdf


BILL:	HB14-1162
TIME:	01:39:25 PM
MOVED:	Salazar
MOTION:	Adopt amendment L.014 (Attachment A). The motion passed without objection.
SECONDED:	Kagan
		VOTE
	Buckner
	Court
	Gardner
	Lawrence
	McLachlan
	Murray
	Pettersen
	Salazar
	Waller
	Lee
	Kagan

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:

01:44 PM

Representative Kagan explained the effect of prepared amendment L.019 (Attachment B). Discussion ensued regarding the merits of the amendment. Representative Landgraf provided input on the position of stakeholders on the amendment. Discussion ensued on this point. Ms. Dorothy Macias, representing the Office of the Child's Representative and the Task Force on Children Conceived through Rape, clarified the task force's discussions on the time frame for a court to hear a petition to terminate a parent-child relationship under the bill. Ms. Maureen Cain, representing the Colorado Criminal Defense Bar, testified in support of amendment L.019. She discussed the work of the task force on the timing for petitioning to terminate a parent-child relationship under the bill, and provided her position on this timing.

14HseJud0306AttachB.pdf

02:02 PM

Ms. Macias responded to questions regarding the value of establishing 120 days as the time frame for the parent-child relationship termination petition, as compared 180 days. Ms. Cain responded to questions regarding the position of various stakeholders on the issue.

02:13 PM

Ms. Cain responded to questions regarding the process by which a parent-child relationship is terminated under the bill, and the timeline of this process. Representative Gardner discussed the speed with which a court is able to entertain a family law issue. Ms. Cain addressed Representative Gardner's remarks. Ms. Debbie Haskins, Office of Legislative Legal Services, provided input on amendment L.019.


BILL:	HB14-1162
TIME:	01:44:47 PM
MOVED:	Kagan
MOTION:	Adopt amendment L.019. The motion passed on a vote of 6-5.
SECONDED:	Lee
		VOTE
	Buckner	Yes
	Court	Yes
	Gardner	No
	Lawrence	No
	McLachlan	No
	Murray	No
	Pettersen	Yes
	Salazar	Yes
	Waller	No
	Lee	Yes
	Kagan	Yes

YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB14-1162
TIME:	02:24:32 PM
MOVED:	Kagan
MOTION:	Amend prepared amendment L.019, page 3, line 24, strike "twenty" and substitute "eighty"; page 8, line 40, strike "twenty" and substitute "eighty". The motion was withdrawn.
SECONDED:	Court
		VOTE
	Buckner
	Court
	Gardner
	Lawrence
	McLachlan
	Murray
	Pettersen
	Salazar
	Waller
	Lee
	Kagan

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:

02:27 PM

Representative Kagan explained the effect of prepared amendment L.015 (Attachment C). Discussion ensued regarding the merits of the amendment.

14HseJud0306AttachC.pdf
BILL:	HB14-1162
TIME:	02:27:57 PM
MOVED:	Kagan
MOTION:	Adopt amendment L.015 (Attachment C). The motion passed on a vote of 6-5.
SECONDED:	Lee
		VOTE
	Buckner	No
	Court	Yes
	Gardner	No
	Lawrence	No
	McLachlan	Yes
	Murray	No
	Pettersen	Yes
	Salazar	Yes
	Waller	No
	Lee	Yes
	Kagan	Yes

YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:35 PM

Representative Kagan explained the effect of prepared amendment L.018 (Attachment D). Ms. Karen Moldovan, representing the Colorado Coalition Against Sexual Assault, and Ms. Amy Miller, representing the Colorado Coalition Against Domestic Violence, testified regarding the amendment. Discussion ensued regarding the merits of the amendment. Ms. Moldovan and Ms. Miller expressed concerns regarding the amendment.

14HseJud0306AttachD.pdf


BILL:	HB14-1162
TIME:	02:35:57 PM
MOVED:	Kagan
MOTION:	Adopt amendment L.018 (Attachment D). The motion was withdrawn.
SECONDED:	Lee
		VOTE
	Buckner
	Court
	Gardner
	Lawrence
	McLachlan
	Murray
	Pettersen
	Salazar
	Waller
	Lee
	Kagan

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:

02:51 PM

The committee discussed the potential for reconsidering amendment L.019, and the process by which the amendment might be reconsidered.


BILL:	HB14-1162
TIME:	02:51:49 PM
MOVED:	Gardner
MOTION:	Refer House Bill 14-1162, as amended, to the Committee on Appropriations. The motion was withdrawn.
SECONDED:	Salazar
		VOTE
	Buckner
	Court
	Gardner
	Lawrence
	McLachlan
	Murray
	Pettersen
	Salazar
	Waller
	Lee
	Kagan

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:

02:56 PM

The committee recessed.

03:11 PM

The committee returned to order. The committee further discussed reconsideration of amendments to House Bill 14-1162.


BILL:	HB14-1162
TIME:	03:11:51 PM
MOVED:	Kagan
MOTION:	Reconsider amendment L.014. The motion passed on a vote of 9-0.
SECONDED:	Court
		VOTE
	Buckner	Yes
	Court	Yes
	Gardner	Yes
	Lawrence	Excused
	McLachlan	Yes
	Murray	Excused
	Pettersen	Yes
	Salazar	Yes
	Waller	Yes
	Lee	Yes
	Kagan	Yes

YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS


BILL:	HB14-1162
TIME:	03:12:55 PM
MOVED:	Kagan
MOTION:	Adopt amendment L.014. The motion passed without objection.
SECONDED:	Court
		VOTE
	Buckner
	Court
	Gardner
	Lawrence
	McLachlan
	Murray
	Pettersen
	Salazar
	Waller
	Lee
	Kagan

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


BILL:	HB14-1162
TIME:	03:16:28 PM
MOVED:	Kagan
MOTION:	Adopt amendment L.020 (Attachment E). The motion passed on a vote of 6-5. 14HseJud0306AttachE.pdf
SECONDED:	Court
		VOTE
	Buckner	Yes
	Court	Yes
	Gardner	No
	Lawrence	No
	McLachlan	No
	Murray	No
	Pettersen	Yes
	Salazar	Yes
	Waller	No
	Lee	Yes
	Kagan	Yes

YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB14-1162
TIME:	03:13:57 PM
MOVED:	Kagan
MOTION:	Adopt amendment L.019. The motion failed on a vote of 0-11.
SECONDED:	Court
		VOTE
	Buckner	No
	Court	No
	Gardner	No
	Lawrence	No
	McLachlan	No
	Murray	No
	Pettersen	No
	Salazar	No
	Waller	No
	Lee	No
	Kagan	No

YES: 0 NO: 11 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB14-1162
TIME:	03:13:05 PM
MOVED:	Kagan
MOTION:	Reconsider amendment L.019. The motion passed on a vote of 9-0.
SECONDED:	Court
		VOTE
	Buckner	Yes
	Court	Yes
	Gardner	Yes
	Lawrence	Excused
	McLachlan	Yes
	Murray	Excused
	Pettersen	Yes
	Salazar	Yes
	Waller	Yes
	Lee	Yes
	Kagan	Yes

YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS


BILL:	HB14-1162
TIME:	03:18:23 PM
MOVED:	Gardner
MOTION:	Refer House Bill 14-1162, as amended, to the Committee on Appropriations. The motion passed on a vote of 11-0.
SECONDED:	Court
		VOTE
	Buckner	Yes
	Court	Yes
	Gardner	Yes
	Lawrence	Yes
	McLachlan	Yes
	Murray	Yes
	Pettersen	Yes
	Salazar	Yes
	Waller	Yes
	Lee	Yes
	Kagan	Yes

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