Date: 03/11/2014

Final
BILL SUMMARY for HB14-1273

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Adopt amendment L.001 (Attachment G). The motion w
Adopt amendment L.003 (Attachment I). The motion p
Adopt amendment L.005 (Attachment J). The motion p
Refer House Bill 14-1273, as amended, to the Commi
Pass Without Objection

PASS



04:56 PM -- HB14-1273

The committee recessed.


05:01 PM

The committee returned to order. Representatives McCann and Wright, prime sponsors, presented House Bill 14-1273, concerning human trafficking. Representative McCann provided background on the issue of human trafficking, and explained the effect of the bill. She also discussed the merits of the legislation. Representative Wright discussed his experiences in combatting human trafficking from a law enforcement perspective, and discussed cases of human trafficking both in Colorado and nationwide. Representative McCann responded to questions regarding the restitution provision in the bill.


05:16 PM

Discussion ensued regarding the parties involved in the crafting of House Bill 14-1273. Representatives McCann and Wright responded to questions regarding the potential for further legislation on human trafficking. The following persons testified regarding the bill:

05:19 PM -- Ms. Janet Drake. representing the Attorney General's Office, and Ms. Katie Kurtz, representing the First Judicial District Attorney's Office and the Colorado District Attorney's Council, testified in support of the bill. Ms. Drake discussed the elements required by prosecutors to successfully prosecute a human trafficking case, and noted the effect of legislation passed in 2006 to combat human trafficking. Ms. Drake explained how House Bill 14-1273 improves upon these laws, and discussed the merits of the bill's provisions. Ms. Kurtz discussed her experiences in prosecuting human trafficking charges, and provided input on including a "safe harbor" provision in the bill.


05:29 PM

Discussion ensued regarding the efficacy of safe harbor provisions. Ms. Kurtz responded to questions regarding the prosecution of children under human trafficking laws, and potential fact patterns that might include juvenile prosecution under these laws.

05:38 PM -- Ms. Anne McGihon, representing the Colorado Commission on Uniform State Laws, testified in support of House Bill 14-1273. Ms. McGihon discussed the work of the commission on the bill, and reiterated the effect of the bill. She discussed the merits of its provisions. Ms. McGihon discussed various ways of combatting human trafficking. Discussion ensued regarding the timing of the bill's reporting requirement. Ms. McGihon discussed the work of various stakeholders on the human trafficking issue.

05:47 PM -- Ms. Stephanie Villafuerte, representing the Denver District Attorney's Office and the Children's Law Center, and Ms. Lynn Johnson, representing Colorado Counties, Inc., the Jefferson County Department of Human Services, and the Jefferson County Board of Commissioners, testified in support of the bill. Committee members received a packet of information from Jefferson County in support of the bill (Attachment F). Ms. Villafuerte discussed the benefit of the bill to prosecutors, and the plight of children who are the victims of human trafficking crimes. She noted a particular human trafficking case, and the need to create a human services infrastructure to handle children subjected to child trafficking. Ms. Johnson provided further input on human services needs with respect to children victims of human trafficking. Ms. Johnson read a statement from a child trafficking victim, and discussed the contents of Attachment F.

14HseJud0311AttachF.pdf14HseJud0311AttachF.pdf

05:57 PM

Discussion ensued regarding abuse in the human services system, and the potential for creating a safe harbor provision in state law.

06:05 PM -- Sergeant Dan Steele, representing the Denver Police Department and the Federal Bureau of Investigation, testified in support of the bill. Sgt. Steele discussed the merits of provisions in the bill that pertain to the criminalization of sexual servitude, and the treatment needs of those who have been victims of human trafficking. Sgt. Steele responded to questions regarding the infrastructure required to meet these needs. Discussion ensued regarding the efficacy of legislative safe harbor provisions.

06:13 PM -- Ms. Sharon Hamilton, representing Educate 2 Protect, testified in support of House Bill 14-1273. Ms. Hamilton discussed statistics pertaining to human trafficking, and the reporting of the crime and its victims. She discussed the charging of child victims of human trafficking with crimes, and the volume of human trafficking. Ms. Hamilton discussed interactions between human trafficking victims and law enforcement.


06:23 PM

Ms. Hamilton discussed the work of the Innocence Lost Task Force, and the need to train law enforcement about human trafficking. Ms. Hamilton discussed provisions in the bill concerning restitution, and various efforts to address human trafficking. Ms. Becky Bullard, representing the Denver District Attorney's Office and the Denver Anti-Trafficking Alliance, testified in support of the bill. Ms. Bullard discussed the work of stakeholders on the bill and human trafficking issues, and the intersection of the human trafficking issue with other issues.


06:34 PM

Ms. Bullard discussed the circumstances under which people are subjected to human trafficking crimes. Ms. Bullard read a statement from stakeholders on House Bill 14-1273. Ms. Amanda Finger, representing the Laboratory to Combat Human Trafficking, testified in support of the bill. She discussed the work of her organization in the area of human trafficking, and highlighted the merits of the bill. Ms. Jenny Kraska, representing the Colorado Catholic Conference, testified in support of the bill. Ms. Kraska discussed the benefits of creating the Colorado Human Trafficking Council under the bill. Discussion ensued regarding services provided to a minor who is not in the country legally and is the victim of human trafficking once the minor is rescued from his or her situation.

06:45 PM -- Mr. Zack Torres, representing himself, testified in support of House Bill 14-1273. Mr. Torres supported the eradication of human trafficking, and cited some statistics about human trafficking. He supported legislative action to address human trafficking, and provided input on safe harbor laws. Mr. Torres supported more vigorous prosecution of sex traffickers.

06:52 PM -- Ms. Nancy Feldman, representing the Office for Victims Programs within the Department of Public Safety's Division of Criminal Justice, testified regarding the bill. Ms. Feldman discussed the creation of the Colorado Human Trafficking Council within the Department of Public Safety.

06:53 PM -- Mr. Joel Day, representing himself, testified in support of the bill. He discussed the need for action in combatting human trafficking, and Colorado's efforts in combatting human trafficking as compared to other states. Mr. Day discussed the difficulty prosecutors experience in establishing the element of coercion in human trafficking cases, and weighed in on the safe harbor issue. Mr. Day supported mandatory human trafficking training for law enforcement. Discussion ensued regarding the coercion element in the bill. Amendment L.001 (Attachment G) addresses the coercion element with respect to minors.

14HseJud0311AttachG.pdf14HseJud0311AttachG.pdf

07:02 PM -- Professor Claude d'Estree, and Ms. Jennifer Hankel, representing the Human Trafficking Center, testified in support of the bill. Committee members received copies of Professor d'Estree's testimony (Attachment H). Professor d'Estree read his testimony, and discussed the proposed amendments noted in the testimony. Representative McCann responded to questions regarding her position on the proposed amendments in Professor d'Estree's testimony.

14HseJud0311AttachH.pdf14HseJud0311AttachH.pdf

07:16 PM

Discussion ensued regarding the proposed duties of the Colorado Human Trafficking Council created by the bill in the area of allocation of resources to address human trafficking. Discussion followed regarding the intent of section 18-3-504, C.R.S., in House Bill 14-1273. Professor d'Estree responded to questions regarding his critique of the definition of "commercial sexual activity" in the bill. Ms. Hankel discussed her work as an intern working with a program that provides services to those exiting sex work. She discussed provisions in the bill concerning expungement of records. Discussion ensued on this point.

07:27 PM -- Ms. Kimberly Love, representing the League of Women Voters and Shared Hope International, testified in support of House Bill 14-1273. Ms. Love discussed the prosecution of victims of human trafficking, and the rating assigned to Colorado for its effort to combat human trafficking. Ms. Love discussed the resources that would benefit the victims of human trafficking, and noted the merits of the bill. Ms. Love discussed the endangerment of youth by human trafficking. Discussion ensued regarding the proposed function of the Colorado Human Trafficking Council under the bill.


07:35 PM

Representative McCann explained the effect of amendment L.001.
BILL:HB14-1273
TIME: 07:36:10 PM
MOVED:Court
MOTION:Adopt amendment L.001 (Attachment G). 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:


07:37 PM

Representative McCann explained the effect of prepared amendment L.003 (Attachment I). Discussion ensued regarding the effect of the amendment on the council created by the bill.

14HseJud0311AttachI.pdf14HseJud0311AttachI.pdf
BILL:HB14-1273
TIME: 07:38:28 PM
MOVED:Court
MOTION:Adopt amendment L.003 (Attachment I). The motion passed without objection.
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


07:43 PM

Representative McCann explained the effect of amendment l.005 (Attachment J).

14HseJud0311AttachJ.pdf14HseJud0311AttachJ.pdf
BILL:HB14-1273
TIME: 07:44:11 PM
MOVED:Court
MOTION:Adopt amendment L.005 (Attachment J). The motion passed without objection.
SECONDED:Lee
VOTE
Buckner
Court
Gardner
Lawrence
McLachlan
Murray
Pettersen
Salazar
Waller
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:


07:44 PM

Representatives McCann and Wright provided closing remarks in support of House Bill 14-1273.
BILL:HB14-1273
TIME: 07:45:02 PM
MOVED:Court
MOTION:Refer House Bill 14-1273, as amended, to the Committee on Appropriations. The motion passed on a vote of 10-0.
SECONDED:Lee
VOTE
Buckner
Yes
Court
Yes
Gardner
Yes
Lawrence
Yes
McLachlan
Yes
Murray
Excused
Pettersen
Yes
Salazar
Yes
Waller
Yes
Lee
Yes
Kagan
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS



07:48 PM

The committee adjourned.