Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Date:03/03/2014
ATTENDANCE
Time:01:43 PM to 05:02 PM
Conti
X
Dore
X
Place:SupCt
Foote
X
Humphrey
X
This Meeting was called to order by
Labuda
X
Representative Ryden
Melton
X
Moreno
X
This Report was prepared by
Nordberg
X
Jessika Shipley
Williams
X
Salazar
X
Ryden
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB14-1260
HB14-1264		Amended, Referred to Appropriations
Postponed Indefinitely


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.


03:47 PM -- HB14-1264

The committee returned to order.

Representative Szabo, prime sponsor, presented House Bill 14-1264. The bill creates the new crime of lewd molestation when a person over the age of 18 touches a child under the age of 12 to obtain sexual gratification. Any offender convicted of this unclassified felony crime is provided with a mandatory, indeterminate sentence of 25 years to natural life in prison. If the offender is paroled, the Department of Corrections (DOC) is not permitted to discharge the person's sentence of incarceration and must supervise the offender for natural life.


03:54 PM

Representative Szabo responded to questions from the committee about her bill.

03:58 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. She spoke about the revictimization that occurs when this occurs.







04:05 PM -- Laurie Rose Kepros, representing the Office of the Colorado 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 raised concerns about the bill's constitutionality. She expressed her opinion that current law provides appropriate deterrents and punishments. She responded to questions from the committee.

04:15 PM -- Susan Walker, representing the Coalition for Sexual Offense Restoration, testified in opposition to the bill. Ms. Walker provided statistics about sex offenses and sex offenders, and commented that a very small percentage of sex offenses are committed by strangers. She discussed the "one size fits all" approach to sex offender treatment in Colorado.

04:19 PM -- Dr. Chris Renda, representing Advocates for Change, testified in opposition to the bill. Dr. Renda discussed research into sex offenders and treatment. She expressed her opinion that adding additional mandatory sentences is not appropriate or effective. She talked 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.

04:24 PM -- George Brauchler, 18th Judicial District Attorney, testified in support of the bill. Mr. Brauchler expressed his opinion that the bill provides a tool for prosecutors to use with the worst of the worst offenders. He responded to questions from the committee.


04:36 PM

The committee continued to question Mr. Brauchler about prosecutorial discretion.

04:37 PM -- John Anderson, representing himself, testified in support of the bill. Mr. Anderson expressed his opinion that the bill enhances public safety and protects children. He spoke about his experience as a law enforcement officer. He cited research showing that there is no cure for pedophilia. He talked about the fiscal impact of the bill.

04:42 PM -- Barry Freeman, representing the Colorado Springs Police Protective Association, testified in support of the bill. Mr. Freeman spoke about his experience as a law enforcement officer, and expressed frustration about dealing with sexual predators who do not spend adequate time in prison and choose to later reoffend.

04:47 PM -- Mike McIntosh, representing the Adams County Sheriff's Office, testified in support of the bill. Mr. McIntosh reiterated the testimony of prior witnesses about the protection of Colorado children.


04:50 PM

Representative Szabo read a letter of support for the bill from a group called Stop Child Predators (Attachment G). She wrapped up her presentation of the bill and asked for a favorable recommendation. Members of the committee commented about their positions on the bill.

14HseState0303AttachG.pdf14HseState0303AttachG.pdf



BILL:HB14-1264
TIME: 05:00:34 PM
MOVED:Dore
MOTION:Refer House Bill 14-1264 to the Committee on Appropriations. The motion failed on a vote of 4-7.
SECONDED:Conti
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
BILL:HB14-1264
TIME: 05:02:13 PM
MOVED:Salazar
MOTION:Postpone House Bill 14-1264 indefinitely. The motion passed on a vote of 7-4.
SECONDED:Williams
VOTE
Conti
No
Dore
No
Foote
Yes
Humphrey
No
Labuda
Yes
Melton
Yes
Moreno
Yes
Nordberg
No
Williams
Yes
Salazar
Yes
Ryden
Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS


05:02 PM

The committee adjourned.