Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:03/11/2014
ATTENDANCE
Time:01:36 PM to 07:48 PM
Buckner
X
Court
X
Place:SupCt
Gardner
X
Lawrence
X
This Meeting was called to order by
McLachlan
X
Representative Kagan
Murray
X
Pettersen
X
This Report was prepared by
Salazar
X
Bo Pogue
Waller
X
Lee
X
Kagan
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB14-1133
HB14-1266
HB14-1273		Postponed Indefinitely
Amended, Referred to Appropriations
Amended, Referred to Appropriations


01:36 PM -- HB14-1133

The committee was called to order. A quorum was present. Representative Humphrey, prime sponsor, presented House Bill 14-1133. The bill makes it a class 3 felony to knowingly terminate a pregnancy. It provides for the following exceptions:

The bill also clarifies that a pregnant woman upon whom an abortion is performed or attempted is not subject to a criminal penalty and that the sale and use of contraception is not prohibited by the bill. A conviction under House Bill 14-1133 constitutes unprofessional conduct for the purposes of physician licensing.

Representative Humphrey spoke briefly about the science of conception and abortion. He then commented about personhood and the point at which human life begins. He provided arguments against abortion.


01:48 PM

Representative Humphrey continued to discuss scientific definitions related to human development. He moved on to a summary of the mechanics of the bill. He responded to questions from the committee about how the bill would affect various hypothetical situations. The committee discussed the use of contraception and whether the prescription of such contraception would be criminalized by the bill. Representative Humphrey responded to questions about the concept of personhood.





01:58 PM

The committee continued to discuss the various forms of contraception that would be illegal under the bill with Representative Humphrey. He responded to questions about the current state of abortion law in Colorado.

02:02 PM -- Ms. Christy Rodriguez, representing the Colorado Campaign for Life, testified in support of the bill. Ms. Rodriguez introduced herself and spoke about thousands of petitions that were gathered by her organization in support of the bill. She discussed her experience working in the pro-life movement. She explained the science of human development. She expressed her opinion that women are harmed by the practice of abortion. She provided details of her own experience with having an abortion, along with statistics about abortions performed on minority women. She continued to express her opinion about the harm that legalized abortions causes. Ms. Rodriguez responded to questions from the committee about botched legal abortions or unsanitary abortion clinics in Colorado. Representative Humphrey responded to questions from Representative Salazar about the constitutionality of the bill.

02:13 PM -- Mr. Zach Torres, representing himself, testified in support of the bill. Mr. Torres provided details about his mother's difficult pregnancies that might have ended in abortion if his mother had believed in the practice. He expressed his opinion that an abortion is no different from murder.

02:16 PM -- Mr. Kevin Paul, representing Planned Parenthood of the Rocky Mountains, and Dr. Kristina Tocce and Dr. Kim Warner, both representing the Colorado Chapter of the American Congress of Obstetricians and Gynecologists, testified in opposition to the bill. Mr. Paul explained the healthcare provided by Planned Parenthood of the Rocky Mountains. He stated that the bill is patently unconstitutional. He went on to provide arguments about why it is unconstitutional. He talked about the bill's treatment of the concepts of fetal and embryonic personhood. He indicated that the bill would outlaw a number of forms of contraception that are widely prescribed and used. He commented that federal Medicaid law requires the state to provide Medicaid benefits for abortions that result from rape or incest. Dr. Tocce stated that pregnancy is defined by the medical community differently than the bill defines it. She discussed a number of reasons pregnancy does not progress to a live child, many of which occur naturally. She provided information about patients for whom she has provided abortions. She stressed that these are private medical decisions for people and stated that the state legislature should never be involved in such decisions. Mr. Paul responded to questions about the current state of abortion law in Colorado. Discussion ensued about late-term abortions.


02:34 PM

Representative Waller continued to question Mr. Paul about support for banning late-term abortions. He suggested the possibility of an amendment that would limit the ban on abortion to the point at which a fetus becomes viable. The chair announced that such an amendment would not fit under the title of the bill and would be ruled out of order. Discussion on this subject ensued. Dr. Tocce responded to questions about basic medical procedures that would be criminalized by the bill. She explained that appropriate medical care could be delayed by ambiguity in the language of the bill.













02:44 PM

Mr. Paul responded to questions about the costs other states have incurred to defend abortion bans in court. Representative Lee asked for information about the effect of the bill on the free use of contraceptives. Dr. Warner discussed the mechanics and efficacy of a number of types of contraceptives. Dr. Tocce stated that the bill would limit her ability to offer comprehensive healthcare to her patients. Dr. Warren and Dr. Tocce responded to questions from Representative Waller about when life begins.

02:52 PM -- Ms. Adea Frances, representing herself, testified in opposition to the bill. Ms. Frances provided details about her experience having an abortion. She expressed her opinion politicians should not be involved in personal medical decisions. She responded to questions from the committee.

02:59 PM -- Ms. Jen Boulten, representing herself, testified in opposition to the bill. Ms. Boulten spoke about her experience with two ectopic pregnancies. She expressed her concern that requiring a doctor to take all reasonable measures to preserve the life of the embryo could have endangered her own life. She also expressed concerns about the use of in vitro fertilization and how such procedures would be affected by the bill.

03:04 PM -- Ms. Robyn Parker, representing Women Helping Others Resist Exploitation and Sexism, testified in opposition to the bill. Ms. Parker discussed her difficult pregnancy, and expressed concern that the bill might restrict doctors from providing needed healthcare services to high-risk patients.

03:08 PM -- Ms. Amy Runyon-Harms, representing Progress Now Colorado, testified in opposition to the bill. Ms. Runyon-Harms spoke about 1,200 petitions her organization has received in opposition to the bill (Attachment A). She read a number of comments from the petitions.

14HseJud0311AttachA.pdf14HseJud0311AttachA.pdf

03:11 PM -- Mr. Tommy LeForce, representing himself, testified in support of the bill. Mr. LeForce expressed his opinion that it is time for a court challenge to Roe v. Wade. He spoke about the advancement of medical science that allows doctors today to save children previously not thought viable. Mr. LeForce responded to questions regarding his position on the propriety of the law allowing certain types of contraception. Mr. LeForce responded to further questions regarding when he feels his daughter should be making reproductive decisions.

03:22 PM -- Ms. Andrea Shpall, representing the Anti-Defamation League, testified in opposition to the bill. She explained that the bill would be a violation of religious freedoms and the right to privacy, and would endanger the health of women.

03:26 PM -- Ms. Leslie Chomic, representing the League of Women Voters, testified in opposition to House Bill 14-1133.

03:28 PM -- Ms. Christine Humphrey, representing herself, testified in support of the bill, addressing issues raised during earlier testimony. Ms. Humphrey responded to questions regarding the potential unconstitutionality of the bill, and the separation of powers.


03:34 PM

The committee recessed.





Representative Gardner explained the effect of prepared amendment L.001, a strike-below amendment (Attachment B).

14HseJud0311AttachB.pdf14HseJud0311AttachB.pdf
BILL:HB14-1133
TIME: 03:40:44 PM
MOVED:Gardner
MOTION:Adopt amendment L.001 (Attachment B). The amendment was ruled to not fit under the title of the bill.
SECONDED:Waller
VOTE
Buckner
Court
Gardner
Lawrence
McLachlan
Murray
Pettersen
Salazar
Waller
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:


03:46 PM

Discussion ensued regarding the ruling on amendment L.001.



















BILL:HB14-1133
TIME: 03:50:50 PM
MOVED:Lawrence
MOTION:Adopt amendment L.003 (Attachment C). The motion failed on a vote of 4-7.

14HseJud0311AttachC.pdf14HseJud0311AttachC.pdf
SECONDED:Murray
VOTE
Buckner
No
Court
No
Gardner
Yes
Lawrence
Yes
McLachlan
No
Murray
Yes
Pettersen
No
Salazar
No
Waller
Yes
Lee
No
Kagan
No
YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL



























BILL:HB14-1133
TIME: 04:00:28 PM
MOVED:Murray
MOTION:Adopt amendment L.002 (Attachment D). The motion failed on a vote of 4-7.

14HseJud0311AttachD.pdf14HseJud0311AttachD.pdf
SECONDED:Lawrence
VOTE
Buckner
No
Court
No
Gardner
Yes
Lawrence
Yes
McLachlan
No
Murray
Yes
Pettersen
No
Salazar
No
Waller
Yes
Lee
No
Kagan
No
YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


04:03 PM

Representative Humphrey provided closing remarks in support of House Bill 14-1133.























BILL:HB14-1133
TIME: 04:09:13 PM
MOVED:Gardner
MOTION:Refer House Bill 14-1133 to the Committee on Public Health Care and Human Services. The motion failed on a vote of 2-9.
SECONDED:Murray
VOTE
Buckner
No
Court
No
Gardner
No
Lawrence
Yes
McLachlan
No
Murray
Yes
Pettersen
No
Salazar
No
Waller
No
Lee
No
Kagan
No
YES: 2 NO: 9 EXC: 0 ABS: 0 FINAL ACTION: FAIL

BILL:HB14-1133
TIME: 04:37:10 PM
MOVED:Lee
MOTION:Postpone House Bill 14-1133 indefinitely. The motion passed on a vote of 7-4.
SECONDED:Court
VOTE
Buckner
Yes
Court
Yes
Gardner
No
Lawrence
No
McLachlan
Yes
Murray
No
Pettersen
Yes
Salazar
Yes
Waller
No
Lee
Yes
Kagan
Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS







04:37 PM -- HB14-1266

Representatives McCann and Gardner, prime sponsors, presented House Bill 14-1266, concerning the penalties for certain value-based offenses. Representative McCann provided background on action taken by the legislature and interested parties to change penalties for certain crimes based on the value of goods involved in the crimes, and explained the effect of the bill. Representative Gardner provided further input on the bill. Discussion ensued regarding why certain crimes are more expensive when committed than previously.


04:48 PM

The following persons testified in regarding the bill:

04:49 PM -- Mr. Mark Evans, representing the State Public Defender, and Matthew Durkin, Deputy Attorney General, testified in support of the bill. Mr. Evans discussed legislation passed in 2013 that restructured certain crimes based on the value of goods stolen during their commission, and work undertaken by the Colorado Commission on Criminal and Juvenile Justice to identify certain property crimes for which the punishment levels should be changed. Mr. Durkin provided further input on the crimes selected by the committee.


04:53 PM

Representative Gardner explained the effect of prepared amendment L.001 (Attachment E). Discussion ensued regarding the impact of the theft of a vehicle on its subsequent value.

14HseJud0311AttachE.pdf14HseJud0311AttachE.pdf
BILL:HB14-1266
TIME: 04:54:04 PM
MOVED:Gardner
MOTION:Adopt amendment L.001 (Attachment E). 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




04:55 PM
BILL:HB14-1266
TIME: 04:55:25 PM
MOVED:Gardner
MOTION:Refer House Bill 14-1266, as amended, to the Committee on Appropriations. 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
Waller
Yes
Lee
Yes
Kagan
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: 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.