Date: 03/03/2014

Final
BILL SUMMARY for HB14-1260

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes: View--> Action Taken:
Adopt amendment L.003 (Attachment F). The motion p
Refer House Bill 14-1260, as amended, to the Commi
Substitute motion to refer House Bill 14-1260, as 		PASS
PASS
FAIL



01:44 PM -- HB14-1260

Representative Foote, prime sponsor, presented House Bill 14-1260. The bill requires the court to provide an indeterminate sentence for a class 2, class 3, or class 4 felony sex offense when the act includes sexual intrusion or sexual penetration against a child under the age of 12 when the offender was an adult and at least ten years older than the child. Under the bill, sentencing for these sex offenses varies by felony class level, as follows:

Representative Foote explained what the bill does and stated that there is no specific crime of sexual assault against a child under the age of 12 with an adult offender who is at least ten years older. Under current law, this behavior can be charged as:

Most of the above offenses are either a class 3 or a class 4 felony, depending on the circumstances (sexual assault can also be a class 2 felony). Generally, all of the above offenses are crimes of violence and are subject to the Colorado Sex Offender Lifetime Supervision Act of 1998 (COLS). For a class 2 felony, the sentence ranges from 16 years to natural life and the average length of stay is 480 months. For a class 3 felony, the sentence ranges from 10 years to natural life and the average length of stay is 104.1 months. For a class 4 felony, the sentence ranges from 5 years to natural life and the average length of stay is 52.9 months. Under COLS, parole is for life, but an offender can be discharged from parole after 10 years at the discretion of the Department of Corrections (DOC).


01:51 PM

Representative Foote responded to questions from the committee. The committee discussed the ways that HB 14-1260 differs from the model Jessica's Law in Florida. Representative Foote distributed letters of support for the bill from 17th Judicial District Attorney Dave Young and 10th Judicial District Attorney J.E. Chostner (Attachments A and B, respectively).

14HseState0303AttachA.pdf14HseState0303AttachA.pdf 14HseState0303AttachB.pdf14HseState0303AttachB.pdf

02:07 PM -- Bruce Brown, 5th Judicial District Attorney, testified in support of the bill. Mr. Brown stated that the bill is justifiably tough and constitutes effective punishment for sex offenders. He discussed the effectiveness of mandatory minimum sentences in preventing crime. He expressed his opinion that the bill is fairly straightforward and easy for prosecutors, courts, and victims to understand. He responded to questions from the committee.

02:12 PM -- Stan Garnett, 20th Judicial District Attorney, testified in support of the bill. Mr. Garnett expressed his opinion that the bill represents a modest amendment to the current sex offense law scheme. He discussed the constant balancing act between maintaining judicial discretion and mandatory legal provisions. He indicated that the most important outcome of any criminal case is obtaining justice and the protection of the public. He responded to questions from the committee.

02:18 PM -- Annabelle Miglia, representing herself, testified in support of the bill. Ms. Miglia related details of her kidnapping, sexual assault, and attempted murder as a child. She discussed her experience with facing her attacker before the Parole Board on an annual basis, and how she feels revictimized by this process.

02:21 PM -- Ray Harlan, representing Colorado Victims for Justice, testified in support of the bill. Mr Harlan distributed a letter of unanimous support for the bill from his organization (Attachment C). He discussed concerns the group had with the bill early in the process, to which Representative Foote was very responsive. He listed offenses that would not be covered by the bill. He talked about the causes of and treatments for pedophilia at length. He responded to questions from the committee.

14HseState0303AttachC.pdf14HseState0303AttachC.pdf

02:29 PM -- Bev Funaro, representing Colorado Victims for Justice, testified in support of the bill. Ms. Funaro related details of her niece's kidnapping and sexual assault as a nine-year-old child.

02:32 PM -- Matt Anckner, representing himself, testified in support of the bill. Mr. Anckner related details of his sexual assault as a child at the hands of a family member. He discussed the trauma he feels each time his attacker is eligible for parole.

02:36 PM -- Laurie Rose Kepros, representing the Colorado Office of the State Public Defender and the Colorado Criminal Defense Bar, testified in opposition to the bill. Ms. Kepros listed her credentials in the area of sex offender laws in Colorado. She discussed the negative aspects of mandatory sentences. She talked about information that was provided to members of the committee prior to the meeting. A copy of the information was not available for the record. She expressed her opinion that current law provides appropriate deterrents and punishments. She responded to questions from the committee.


02:52 PM

Ms. Kepros continued to respond to questions from the committee about Colorado sex offender laws.

02:53 PM -- Susan Walker, representing the Coalition for Sex Offense Restoration, testified in opposition to the bill. Ms. Walker distributed a newsletter from her organization (Attachment D). She provided statistics about sex offenses and sex offenders.

14HseState0303AttachD.pdf14HseState0303AttachD.pdf

03:02 PM -- Dr. Chris Renda, representing Advocates for Change, testified in opposition to the bill. Dr. Renda related details of her own sexual assault as a child. She discussed research into sex offenders and treatment. She expressed her opinion that adding additional mandatory sentences is not appropriate or effective. She responded to questions from the committee about sex offenders in prison who are not eligible for parole because there is not enough capacity for them to take required classes while incarcerated.

03:07 PM -- Glenice Martinez, representing Advocates for Change, testified in opposition to the bill. Ms. Martinez provided a written statement and read her prepared remarks (Attachment E). She responded to questions from the committee.

14HseState0303AttachE.pdf14HseState0303AttachE.pdf

03:15 PM

Mr. Anckner returned to the table to make additional comments. The committee discussed amendment L.003 (Attachment F) at length.

14HseState0303AttachF.pdf14HseState0303AttachF.pdf
BILL:HB14-1260
TIME: 03:31:11 PM
MOVED:Williams
MOTION:Adopt amendment L.003 (Attachment F). The motion passed on a vote of 7-4.
SECONDED:Melton
VOTE
Conti
No
Dore
No
Foote
Yes
Humphrey
No
Labuda
Yes
Melton
Yes
Moreno
Yes
Nordberg
No
Williams
Yes
Salazar
Yes
Ryden
Yes
YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS


03:31 PM

Representative Foote wrapped up his presentation of the bill and asked for a favorable recommendation. Members of the committee commented about their positions on the bill.
BILL:HB14-1260
TIME: 03:36:48 PM
MOVED:Foote
MOTION:Refer House Bill 14-1260, as amended, to the Committee on Appropriations. The motion passed on a vote of 11-0.
SECONDED:Salazar
VOTE
Conti
Yes
Dore
Yes
Foote
Yes
Humphrey
Yes
Labuda
Yes
Melton
Yes
Moreno
Yes
Nordberg
Yes
Williams
Yes
Salazar
Yes
Ryden
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:HB14-1260
TIME: 03:33:09 PM
MOVED:Nordberg
MOTION:Substitute motion to refer House Bill 14-1260, as amended, to the Judiciary Committee. The motion failed on a vote of 4-7.
SECONDED:Dore
VOTE
Conti
Yes
Dore
Yes
Foote
No
Humphrey
Yes
Labuda
No
Melton
No
Moreno
No
Nordberg
Yes
Williams
No
Salazar
No
Ryden
No
YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL



03:37 PM

The committee took a brief recess.