Bill Summary for Bill Number HB14-1378

Date: 04/24/2014

Final
BILL SUMMARY for HB14-1378

HOUSE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Adopt amendment L.001 (Attachment A). The motion p Adopt amendment L.003 (Attachment B). The motion p Adopt amendment L.007 (Attachment C). The motion p Adopt amendment L.008 (Attachment D). The motion p Adopt amendment L.009 (Attachment F). The motion w Adopt amendment L.010 (Attachment E). The motion p Refer House Bill 14-1378, as amended, to the Commi	Pass Without Objection Pass Without Objection Pass Without Objection PASS PASS

02:05 PM -- HB14-1378

Representative Pabon, co-prime sponsor, presented House Bill 14-1378, concerning prohibiting the posting of a private image on social media without consent to cause serious emotional distress. Representative Pabon provided background on the issue. Representative Stephens, co-prime sponsor, discussed the need for the legislation. She provided an example of an instance where intimate photographs were posted for revenge purposes on the Internet, and discussed efforts to eradicate the postings. Representative Stephens discussed some websites that post intimate photographs, and the issue of consent in the context of intimate relationships.

02:16 PM

Representative Stephens discussed the ramifications of having intimate photographs posted on the Internet, and clarified the effect of House Bill 14-1378. The committee watched a news report on "revenge porn" Internet posting. Representative Pabon also discussed the impacts of revenge-porn Internet postings. Representative Pabon clarified certain aspects of the bill.

02:28 PM

Discussion ensued regarding the ability to prosecute the operators of revenge porn Internet sites under House Bill 14-1378. Representative Pabon continued to discuss the effect and intent of the bill, and provided an overview of potential amendments to the bill. Discussion followed regarding the penalties contained in the bill, and the intended target of the bill's sanctions.

02:39 PM

Discussion ensued regarding the line between posts of intimate images on the Internet for which there is consent, and those that are posted without consent. Discussion returned to the intended target of the sanctions contained in House Bill 14-1378. Discussion followed regarding a provision in the bill requiring removal of intimate images from Internet websites, and the age restriction contained in the bill.

02:55 PM

Discussion ensued regarding the applicability of House Bill 14-1378 to certain fact patterns. The following persons testified regarding the bill:

02:58 PM -- Mr. Andrew Contiguglia, representing himself, testified in support of the bill. Mr. Contiguglia discussed his efforts as an attorney to help individuals who have been the victims of revenge postings of intimate images. He also discussed the website operator profiled in the video watched by the committee, and the laws applicable to that situation. Mr. Contiguglia responded to questions regarding the actions undertaken to convince this website operator to terminate the website. Mr. Contiguglia addressed questions raised previously about the ability to prosecute website operators under House Bill 14-1378. Discussion ensued regarding the ability to address a certain fact pattern under the bill.

03:14 PM

Mr. Contiguglia responded to questions regarding what constitutes "posting" of intimate photos under House Bill 14-1378. Discussion returned to the ability to prosecute Internet website operators under House Bill 14-1378. Discussion followed regarding statutory definitions related to intimacy. Discussion returned to concerns about the conduct that is being criminalized under the bill, and the potential for refining the bill for clarity.

03:30 PM

Discussion continued regarding the conduct that the sponsors are seeking to criminalize under House Bill 14-1378, and the recourse for victims being sought under the bill. The committee discussed another fact pattern to which the bill may apply.

03:39 PM -- Mr. Michael Dohr, Office of Legislative Legal Services, provided clarification regarding the definitions of "post," "publish," and "distribute" in Colorado statutes.

03:41 PM -- Mr. David Blake, representing the Attorney General's Office, and Mr. Tom Raynes, representing the Colorado District Attorneys' Council, testified in support of House Bill 14-1378. Mr. Blake addressed concerns raised during earlier discussions, and the need to address revenge porn postings by criminalizing this activity. Mr. Blake responded to questions regarding what constitutes posting or distributing materials under the bill. Mr. Raynes provided input on this issue. Discussion followed regarding the potential for narrowing the definition of "intimate parts" in statute for the purposes of the bill.

03:51 PM

Mr. Raynes spoke about the need to criminalize revenge porn activity. Representative Salazar suggested some amendments to the bill for clarification.

03:57 PM -- Ms. Maureen Cain, representing the Colorado Criminal Defense Bar, testified in opposition to House Bill 14-1378. Ms. Cain explained that when crimes are created, it should be clear what activities are subject to prosecution. She discussed some potential unintended consequences that might result from the bill's passage, and weighed in on other issues raised during previous discussion. Ms. Cain suggested that fine provisions in the bill are not balanced, and perhaps fine proceeds should be directed somewhere other than the state. Discussion ensued regarding the objections raised by Ms. Cain.

04:10 PM

Discussion ensued regarding the intent element in the bill. Ms. Cain responded to questions regarding the accrual of fines in addition to those levied against those convicted of a misdemeanor under the bill. Discussion followed regarding the fine structure in the bill.

04:16 PM -- Ms. Denise Maes, representing the American Civil Liberties Union, testified in opposition to the bill. She explained that some of her concerns are being addressed through the amendment process, which may move her organization to take at least a neutral position on the bill. Ms. Maes discussed a forthcoming amendment that may place sanctions on insulting speech. Ms. Maes responded to questions regarding the potential for further changing this concept through amendment.

04:22 PM

Representative Stephens explained the effect of prepared amendment L.001 (Attachment A).

14HseJud0424AttachA.pdf


BILL:	HB14-1378
TIME:	04:23:29 PM
MOVED:	Court
MOTION:	Adopt amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:	Salazar
		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:	HB14-1378
TIME:	04:25:47 PM
MOVED:	Court
MOTION:	Adopt amendment L.003 (Attachment B). The motion passed without objection. 14HseJud0424AttachB.pdf
SECONDED:	Salazar
		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:	HB14-1378
TIME:	04:26:44 PM
MOVED:	Court
MOTION:	Adopt amendment L.007 (Attachment C). The motion passed without objection. 14HseJud0424AttachC.pdf
SECONDED:	Salazar
		VOTE
	Buckner
	Court
	Gardner
	Lawrence
	McLachlan
	Murray
	Pettersen
	Salazar
	Waller
	Lee
	Kagan

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


BILL:	HB14-1378
TIME:	04:27:31 PM
MOVED:	Salazar
MOTION:	Adopt amendment L.008 (Attachment D). The motion passed without objection. 14HseJud0424AttachD.pdf
SECONDED:	Lee
		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:	HB14-1378
TIME:	04:28:17 PM
MOVED:	Kagan
MOTION:	Adopt amendment L.010 (Attachment E). The motion passed on a vote of 10-1. 14HseJud0424AttachE.pdf
SECONDED:	Lee
		VOTE
	Buckner	Yes
	Court	Yes
	Gardner	Yes
	Lawrence	Yes
	McLachlan	Yes
	Murray	No
	Pettersen	Yes
	Salazar	Yes
	Waller	Yes
	Lee	Yes
	Kagan	Yes

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

04:32 PM

Representative McLachlan explained the effect of prepared amendment L.009 (Attachment F).

14HseJud0424AttachF.pdf


BILL:	HB14-1378
TIME:	04:33:21 PM
MOVED:	McLachlan
MOTION:	Adopt amendment L.009 (Attachment F). 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:

04:36 PM

Representatives Stephens and Pabon provided closing remarks in support of House Bill 14-1378. Various committee members provided input on the bill.


BILL:	HB14-1378
TIME:	04:40:13 PM
MOVED:	Court
MOTION:	Refer House Bill 14-1378, as amended, to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED:	Murray
		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