Date: 01/28/2014

Final
BILL SUMMARY for HB14-1047

HOUSE COMMITTEE ON BUSINESS, LABOR, ECONOMIC, & WORKFORCE DEVELOPMENT

Votes: View--> Action Taken:
Adopt amendment L.001 The motion passed without ob
Refer House Bill 14-1047, as amended, to the Commi		Pass Without Objection
PASS


02:19 PM

The committee took a brief recess.

02:23 PM -- House Bill 14-1047

The committee came back to order. Representative Becker, sponsor, presented House Bill 14-1047, concerning restrictions on the publishing of basic identification information on commercial websites. This bill requires a person who publishes booking photographs or other basic identification information on a commercial website to remove such information upon the request of a person who is not charged, whose charges are dismissed, or who is acquitted of the charges. Representative Becker discussed the prevalence and gravity of the issue, and distributed a packet of materials to the committee (Attachment A) and Amendment L.001 (Attachment B).

140128 AttachA.pdf140128 AttachA.pdf140128 AttachB.pdf140128 AttachB.pdf

02:31 PM

Representative Becker responded to questions from the committee about the legality of these websites that post booking photographs, or mugshots. Discussion ensued.

02:41 PM

Questions from the committee continued on how these mugshots come up in a web search, and how long these mugshots remain on the Internet.

02:45 PM -- Bridget Klauber, representing the Colorado Criminal Defense Bar, testified in support of the bill and the amendment. She discussed the issue at length. She stated that this bill is an extension of the state's efforts to lessen collateral consequences. Ms. Klauber responded questions about whether it is legal to operate these websites in Colorado under current law, about mugshots as public records, and about final dispositions as they relate to criminal background checks.

02:55 PM

Questions from the committee continued about the state's authority over websites.

02:58 PM -- Denise Maes, representing the American Civil Liberties Union (ACLU), testified against the bill. She stated that while she believes the premise of the bill to be good, the way the bill achieves its goal runs afoul of the first amendment because mugshots are public records. She stated that the issues that should be addressed are both the law enforcement practice of putting booking photographs in a digital format and the classification of mugshots as public records. Ms. Maes responded to questions from the committee.

03:07 PM

Committee questioning of the witness continued on the subject of the first amendment and what constitutes a public record.

03:17 PM

The committee took a brief recess.

03:26 PM

The committee came back to order.

03:26 PM -- Jerry Barry, Office of Legislative Legal Services, came to the table to address a question about Colorado's jurisdiction over businesses in other states. He responded to a question about whether or not these businesses which post mugshots are currently operating legally, and what the penalties are.

03:32 PM -- Greg Romberg, representing the Colorado Press Association, testified neutrally on the bill. Mr. Romberg stated that he had come to the table at the request of the sponsor and discussed his organization's neutral position on the bill.

03:35 PM -- David Blake, representing the Office of the Attorney General, came to the table at the request of the sponsor to respond to questions from the committee on the bill's constitutionality. Mr. Blake responded to questions from the committee on the penalties related to the crime.

03:44 PM

The committee continued to ask questions of Mr. Blake

03:48 PM

Representative Becker discussed Amendment L.001.

BILL:HB14-1047
TIME: 03:49:33 PM
MOVED:Kraft-Tharp
MOTION:Adopt amendment L.001 The motion passed without objection.
SECONDED:Rosenthal
VOTE
Exum
Hamner
Holbert
Navarro
Nordberg
Rosenthal
Ryden
Szabo
Wright
Kraft-Tharp
Williams
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection



03:50 PM

Representative Becker made closing comments.

BILL:HB14-1047
TIME: 03:51:15 PM
MOVED:Ryden
MOTION:Refer House Bill 14-1047, as amended, to the Committee of the Whole. The motion passed on a vote of 9-2.
SECONDED:Hamner
VOTE
Exum
Yes
Hamner
Yes
Holbert
No
Navarro
Yes
Nordberg
Yes
Rosenthal
Yes
Ryden
Yes
Szabo
No
Wright
Yes
Kraft-Tharp
Yes
Williams
Yes
Final YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS