Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:04/24/2014
ATTENDANCE
Time:02:01 PM to 07:58 PM
Buckner
X
Court
*
Place:HCR 0112
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
*
Bo Pogue
Waller
X
Lee
X
Kagan
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB14-1379
HB14-1378
SB14-174
HB14-1390
HB14-1324
HB14-1388
HB14-1390		Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole
Referred to Appropriations
Referred to the Committee of the Whole
Postponed Indefinitely
Referred to the Committee of the Whole
Referred to the Committee of the Whole


02:02 PM -- HB14-1379

The committee was called to order. A quorum was present. Representative McCann, prime sponsor, presented House Bill 14-1379, concerning the application of spousal maintenance statutes. Representative McCann explained the effect of the bill and discussed its need. No one testified regarding the bill, and no amendments were offered.
BILL:HB14-1379
TIME: 02:05:00 PM
MOVED:Lee
MOTION:Refer House Bill 14-1379 to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED:Court
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


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.pdf14HseJud0424AttachA.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.pdf14HseJud0424AttachB.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.pdf14HseJud0424AttachC.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.pdf14HseJud0424AttachD.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.pdf14HseJud0424AttachE.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.pdf14HseJud0424AttachF.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


04:41 PM -- SB14-174

The committee recessed.


04:50 PM

The committee came back to order. Representative McLachlan and Representative Pabon, prime sponsors, presented Senate Bill 14-174. The bill creates a prosecution fellowship program. Committee members received a fact sheet prepared by both of Colorado's law schools and the Colorado District Attorneys' Council (CDAC) (Attachment G), and a collection of letters expressing support for the bill (Attachment H). Representative Pabon spoke about a program in Denver that is similar to the program established by the bill. Representative McLachlan spoke about his experience working as an assistant district attorney in Durango. Representative McLachlan responded to questions regarding the source of the law students for the program.

14HseJud0424AttachG.pdf14HseJud0424AttachG.pdf 14HseJud0424AttachH.pdf14HseJud0424AttachH.pdf













04:58 PM

The following persons testified regarding Senate Bill 14-174:

04:58 PM -- Mr. Martin Katz, Dean of the University of Denver School of Law, testified in support of the bill. Mr. Katz discussed the benefits of creating a fellowship program for district attorneys' offices. Mr. Katz also suggested that the fellowship program could become a model for other states, and explained that the bill offers an opportunity for both of Colorado's law schools to work together.

05:04 PM -- Mr. Jeff Chostner, Mr. Jim Bullock, and Ms. Heidi McCollum, representing the 10th Judicial District, the 16th Judicial District, and the 5th Judicial District respectively, as well as the CDAC, testified in support of the bill. Mr. Bullock discussed the number of traffic offenses prosecuted in his county, and the need for his office to take on additional assistance. Mr. Bullock explained how the fellowship program created by the bill would assist in this regard. Ms. McCollum explained how the fellowship program would benefit certain counties in her judicial district, and discussed her office's need for personnel that understand certain aspects about living in the mountains. She also discussed the need for these personnel to cover a wide territory. Mr. Chostner discussed the potential for the bill to draw talented law students away from the Front Range to more rural judicial districts. Mr. Chostner also discussed certain benefits that would accrue to the fellows under the bill.


05:15 PM

Discussion ensued regarding the potential for quantifying the benefits of Senate Bill 14-174, and the potential for amending the bill to create a reporting requirement pertaining to the program's benefits.


05:19 PM

Representative McLachlan noted the contents of Attachment H. No amendments were offered to Senate Bill 14-174. Representative Pabon provided additional closing remarks in support of the bill.
























BILL:SB14-174
TIME: 05:27:43 PM
MOVED:McLachlan
MOTION:Refer Senate Bill 14-174 to the Committee on Appropriations. The motion passed on a vote of 10-1.
SECONDED:Lee
VOTE
Buckner
Yes
Court
Yes
Gardner
Yes
Lawrence
No
McLachlan
Yes
Murray
Yes
Pettersen
Yes
Salazar
Yes
Waller
Yes
Lee
Yes
Kagan
Yes
Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


05:30 PM -- HB14-1324

The committee recessed.


05:34 PM

The committee returned to order. Representatives Pettersen and Foote, prime sponsors, presented House Bill 14-1324, concerning damages that result from a civil cause of action for unlawful termination of a pregnancy caused by at least reckless conduct, for action only. The committee heard testimony on the bill at its April 8th meeting. Representative Pettersen requested that the bill be postponed indefinitely.


















BILL:HB14-1324
TIME: 05:39:03 PM
MOVED:Pettersen
MOTION:Postpone House Bill 14-1324 indefinitely. 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


05:39 PM -- HB14-1388

Representatives Foote and Pettersen, co-prime sponsors, presented House Bill 114-1388, concerning a civil cause of action for damages that result from an unlawful termination of a pregnancy at any time prior to birth caused by at least reckless conduct without establishing legal personhood at any time prior to a live birth. Both co-prime sponsors explained the effect of the bill. Representatives Foote and Pettersen responded to questions regarding the ability to pursue a wrongful death action for a fetus killed in utero under current law, and the need for the bill. Discussion ensued regarding the application of civil liability under the bill for actions undertaken similar to those of Kermit Gosnell in Pennsylvania.


05:56 PM

Discussion continued regarding the application of civil liability under the bill for actions undertaken similar to those of Kermit Gosnell in Pennsylvania.
















06:07 PM

The following persons testified regarding House Bill 14-1388:

06:08 PM -- Ms. Jessica Haverkate, representing Colorado Family Action, testified in opposition to the bill. Committee members received a letter from the Alliance Defending Freedom (Attachment I). Ms. Haverkate read from Attachment I. Ms. Haverkate responded to questions regarding the Kermit Gosnell scenario.

14HseJud0424AttachI.pdf14HseJud0424AttachI.pdf

06:11 PM -- Mr. Kevin Paul, representing Planned Parenthood of the Rocky Mountains, testified in support of House Bill 14-1388. Mr. Paul supported the purpose of the bill, while noting that the bill does not support the concept of fetal personhood. Mr. Paul discussed the states of mind involved in creating a civil cause of action under the bill, which do not include negligence. Mr. Paul spoke in support of the bill's exclusions.

06:16 PM -- Ms. Denise Maes, representing the American Civil Liberties Union, testified in support of the bill. Ms. Maes voiced support for the bill's construction, which does not create fetal personhood.


06:18 PM


Representative Gardner explained the effect of prepared amendment L.002 (Attachment J). Discussion ensued regarding the legislative declarations contained in the bill. Discussion followed regarding the merits of the amendment, and the effect of the amendment on the bill's position on fetal personhood.

14HseJud0424AttachJ.pdf14HseJud0424AttachJ.pdf

06:37 PM

Discussion continued regarding the effect of amendment L.002 on the position of House Bill 14-1388 on fetal personhood.
















BILL:HB14-1388
TIME: 06:19:28 PM
MOVED:Gardner
MOTION:Adopt amendment L.002 (Attachment J). The motion failed on a vote of 4-7.
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


06:55 PM

Representative Gardner explained the effect of prepared amendment L.001 (Attachment K).

14HseJud0424AttachK.pdf14HseJud0424AttachK.pdf























BILL:HB14-1388
TIME: 06:55:52 PM
MOVED:Gardner
MOTION:Adopt amendment L.001 (Attachment K). The motion failed on a vote of 4-7.
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


06:57 PM

Representative Waller explained the effect of prepared amendment L.004 (Attachment L). Discussion ensued regarding the basis of economic recovery under amendment L.004, and the ramifications of the amendment in terms of personhood. Discussion followed regarding the ability to recover noneconomic damages under current law.

14HseJud0424AttachL.pdf14HseJud0424AttachL.pdf

07:13 PM

Discussion ensued regarding the potential for amendment L.004 to create ambiguity. Discussion returned to current provisions in law regarding the recovery of noneconomic damages.


07:26 PM

Discussion ensued regarding the potential for amending amendment L.004 to remove references to unborn human beings. Discussion returned to the applicability of the definition of noneconomic loss or injury in current law, and the ramifications of including a definition of noneconomic damages in House Bill 14-1388. Discussion followed regarding the potential use of the term pregnancy in the amendment.








BILL:HB14-1388
TIME: 06:58:47 PM
MOVED:Waller
MOTION:Adopt amendment L.004 (Attachment L). The motion failed on a vote of 4-7.
SECONDED:Gardner
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:HB14-1388
TIME: 07:38:03 PM
MOVED:Pettersen
MOTION:Refer House Bill 14-1388 to the Committee of the Whole. The motion passed on a vote of 7-4.
SECONDED:Buckner
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







07:46 PM -- HB14-1390

Representative Gardner, co-prime sponsor, presented House Bill 14-1390, concerning the legal standing of a member of the public in challenging a violation of the open meetings requirements. Representative Gardner provided background on the need for the legislation, and discussed its effect. Representative Gardner responded to questions regarding those eligible to make a claim under the bill. The following person testified regarding House Bill 14-1390:

07:55 PM -- Ms. Katie Fleming Dahl, representing Common Cause, testified in support of the bill.


07:56 PM

No amendments were offered to House Bill 14-1390.
BILL:HB14-1390
TIME: 07:57:06 PM
MOVED:Gardner
MOTION:Refer House Bill 14-1390 to the Committee of the Whole. 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


07:58 PM

The committee adjourned.