Bill Summary for Bill Number SB14-098

Date: 03/18/2014

Final
BILL SUMMARY for SB14-098

HOUSE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Refer Senate Bill 14-098 to the Committee of the W	PASS

01:36 PM -- SB14-098

The committee was called to order. A quorum was present. Representatives Foote and Schafer, prime sponsors, presented Senate Bill 14-098, concerning clarifications to statutory language on crimes against at-risk elders. Representative Schafer discussed recent efforts to address elder abuse through legislation, and the work of stakeholders on associated issues. She then explained the effect of the bill. Representative Foote discussed the need for the legislation.

01:43 PM

The following persons testified regarding Senate Bill 14-098:

01:44 PM -- Ms. Tammy Conover, representing the Colorado Bar Association, testified in support of the bill, with concerns. Ms. Conover discussed some potential amendments to the bill. Ms. Conover responded to questions regarding her organization's suggestion for amending the definition of "undue influence," and the reasons that the organization is recommending the change. She responded to further questions regarding the source of the proposed language. The bill sponsors weighed in on the amendments proposed by Ms. Conover.

01:51 PM -- Mr. Phil Cherner, representing the Colorado Criminal Defense Bar, testified in opposition to the bill. Mr. Cherner expressed his organization's concerns with the bill. Discussion ensued regarding the use of the term "emotional distress" by the bill, and the lack of a definition of the term. Mr. Cherner returned to listing the Colorado Criminal Defense Bar's concerns with the bill. Mr. Cherner responded to questions regarding the association of theft with the value of stolen goods in criminal law, and action taken by the Senate on the bill.

01:57 PM -- Mr. Scott Storey, representing the Jefferson County District Attorney's Office and the Colorado District Attorneys' Council, testified in support of Senate Bill 14-098. Mr. Storey discussed trends in elder abuse crimes, and recent legislative actions undertaken to address these crimes. Discussion ensued regarding the legislative declaration found at Section 18-6.5-101, C.R.S. Mr. Storey returned to discussing recent legislative actions undertaken in the area of elder abuse. Mr. Storey addressed some of the amendment suggestions made by Ms. Conover.

02:09 PM

Mr. Storey responded to questions regarding the ability of abused elders to provide testimony in court, and the potential for improving this process through legislation. Mr. Storey responded to additional questions regarding the penalties instituted for criminal exploitation of an at-risk elder under Senate Bill 14-098. Representative Schafer discussed Mr. Storey's bona fides in the area of elder abuse prevention.

02:16 PM -- Mr. Charles Carter, representing the Colorado Senior Lobby and the National Association of Retired Federal Employees, testified in support of the bill. Mr. Carter discussed the legislative history of attempts to address elder abuse. Mr. Carter cited examples of situations of elder abuse, and discussed the merits of Senate Bill 14-098. He spoke in favor of providing support to seniors through legislation, and discussed the position of the law enforcement community on the bill.

02:27 PM -- Ms. Jane Walsh, representing the Boulder County District Attorney's Office, testified in support of the bill. Ms. Walsh discussed a gap in the ability of prosecutors to address elder abuse, and explained how the bill would address this situation. Ms. Walsh discussed certain cases of exploitation of the elderly. Ms. Walsh responded to questions regarding the impact that including a specific intent provision in the bill would have on the ability of district attorneys to prosecute elderly exploitation cases.

02:34 PM -- Mr. Sean Clifford, representing the Attorney General's Office, testified in support of Senate Bill 14-098. Mr. Clifford discussed the ability of prosecutors to prosecute an additional set of elder exploitation cases under the bill, and cited a particular case of elder exploitation. Mr. Clifford addressed questions raised during earlier testimony. Discussion ensued regarding the penalties associated with criminal exploitation of at-risk elders under the bill.

02:41 PM -- Ms. Mary Catherine Rabbitt, representing the Legal Center, testified in support of the bill. Ms. Rabbitt discussed the nature of elder abuse, and the merits of the bill. She discussed the circumstances under which elder abuse is perpetrated, and the impact of these crimes.

02:47 PM -- Ms. Kathleen Hallgren, representing the Bell Policy Center, testified in support of Senate Bill 14-098. Committee members received copies of Ms. Hallgren's testimony (Attachment A). Ms. Hallgren read her testimony.

14HseJud0318AttachA.pdf

02:48 PM -- Mr. Cary Johnson, representing the the Jefferson County District Attorney's Office, testified in support of the bill. Mr. Johnson discussed a program for which he works that seeks to bring crime prevention information to the elderly, and the circumstances under which elders are exploited. Discussion ensued regarding a particular fact pattern of elder exploitation.

02:55 PM

No amendments were offered to Senate Bill 14-098. Representatives Schafer and Foote provided closing remarks in support of the bill.


BILL:	SB14-098
TIME:	02:56:39 PM
MOVED:	Court
MOTION:	Refer Senate Bill 14-098 to the Committee of the Whole. 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