Date: 02/27/2014

Final
BILL SUMMARY for SB14-059

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Adopt amendment L.005 (Attachment C). The motion p
Adopt amendment L.006 (Attachment D). The motion f
Refer Senate Bill 14-059, as amended, to the Commi		Pass Without Objection

PASS



04:53 PM -- SB14-059

The committee recessed.


05:07 PM

The committee returned to order. Representative Lawrence, prime sponsor, presented Senate Bill 14-059, concerning eliminating the statute of limitations for offenses that accompany sex offenses that are not subject to a statute of limitations. Representative Lawrence provided background on cold cases that have been revived through the use of DNA evidence, while accompanying crimes have not been charged due to the tolling of the statute of limitations. Committee members received a news article about a sexual assault cold case that was revived using DNA evidence (Attachment B). Representative Lawrence discussed the need for the legislation.

14HseJud0227AttachB.pdf14HseJud0227AttachB.pdf

05:11 PM

The following persons testified regarding Senate Bill 14-059:

05:11 PM -- Ms. Maureen Cain, representing the Colorado Criminal Defense Bar, testified in opposition to the bill. Ms. Cain discussed efforts and forums underway concerning the use of DNA evidence in the justice system, and objected to the bill based on the fact that it addresses the statute of limitations in a limited set of circumstances. She spoke in support of eliminating the statute of limitations for accompanying crimes if the case for the primary crime of sexual assault is not ultimately pursued. Ms. Cain responded to questions regarding the position of the district attorneys on her proposal. Discussion ensued regarding Ms. Cain's proposed amendment to the bill.


05:22 PM

Discussion ensued regarding the impact of the bill on a proposed fact pattern under which numerous individuals commit a burglary but only one of them commits a sexual assault.

05:27 PM -- Mr. Matt Durkin, representing the Attorney General's Office, testified in support of the bill. Mr. Durkin discussed several sexual assault cases that were solved using DNA evidence, but associated crimes could not be prosecuted due to the tolling of the statute of limitations. Mr. Durkin objected to the bill being characterized as a "one-off," and explained that probable cause is built into the bill, the lack of which triggers the statute of limitations on auxiliary crimes. Mr. Durkin discussed the experiences of victims of sexual assault when cases are dismissed due to a lack of jurisdiction. Mr. Durkin discussed the use of "John Doe" warrants as an alternative to the bill.


05:38 PM

Mr. Durkin responded to questions regarding the potential creation of a double standard for crimes committed in association with a sexual assault as compared to the same crimes committed in isolation. Mr. Durkin responded to further questions regarding the scope of the bill in terms of the auxiliary crimes to which it applies. Discussion ensued regarding the justification behind the creation of statutes of limitation in general. Discussion returned to the scope of auxiliary crimes covered by the bill.


05:50 PM

Mr. Durkin responded to questions regarding the ability of the prosecution to charge crimes committed for which the statute of limitations has tolled in association with a murder. Mr. Durkin responded to further questions regarding why sexual assault has been singled out by the bill and not other violent crimes. Mr. Durkin responded to questions regarding the inspiration for creating Senate Bill 14-059. Discussion ensued regarding the use of a statute of limitations argument during a recent criminal appeal in Colorado. Mr. Durkin responded to questions regarding the potential to secure plea bargains in sexual assault cases if the bill were to pass.

05:58 PM -- Mr. Mitch Morrissey, representing the Second Judicial District as the District Attorney, testified in support of the bill. Mr. Morrissey addressed the assertion that the bill applies to a limited set of circumstances, and discussed the reasons for the existence of statutes of limitations. Mr. Morrissey discussed the exceptional nature of DNA evidence, and discussed a case solved through the cold case program. He compared the statutes of limitations for various crimes, and argued in support of the exception created by the bill. Discussion ensued regarding the narrow circumstances covered by the bill. Discussion followed regarding the use of DNA to prosecute physicians for sexual assault.

06:11 PM -- Mr. Steve Siegel, representing the Colorado Organization for Victim Assistance, testified in support of Senate Bill 14-059. Mr. Siegel discussed the nature of sexual assault.

06:13 PM -- Mr. Arnold Hanuman, representing the Colorado District Attorneys' Council, testified in support of the bill. Mr. Hanuman explained that the cases to which the bill would apply are exclusive to situations where the identification of an alleged perpetrator is not known. Mr. Hanuman addressed issues raised during previous testimony, and spoke in support of prosecuting all of the criminal activity associated with a sexual assault. Mr. Hanuman responded to questions regarding potential doubt cast upon a conviction for an associated crime under the bill when the primary charge of sexual assault does not result in a conviction. Discussion ensued regarding the utility of statutes of limitations.


06:25 PM

Discussion ensued regarding the impact of forthcoming amendment L.005 (Attachment C). Mr. Durkin returned to further clarify the effect of the amendment.

14HseJud0227AttachC.pdf14HseJud0227AttachC.pdf

06:30 PM -- Ms. Hanni Raley, representing the Arc of Colorado, testified in support of Senate Bill 14-059. Ms. Raley discussed the abuse experienced by persons with disabilities.

06:33 PM -- Ms. Diane Breece, representing herself, testified in support of the bill. Ms. Breece discussed her experience as the victim of a violent sexual assault, during which the assailant committed other crimes. The assailant was later found through the use of DNA evidence, but sentencing for the non-sexual assault crimes was barred by the statute of limitations. She urged the passage of the bill to hold perpetrators of sexual assault accountable for all of their crimes. Ms. Breece responded to questions regarding the sentence her assailant received.


06:39 PM

Representative Kagan explained the effect of prepared amendment L.006 (Attachment D). Discussion ensued regarding the effect of the amendment. Members of the committee voiced their positions on the amendment, and discussed the potential implications of the amendment.

14HseJud0227AttachD.pdf14HseJud0227AttachD.pdf
BILL:SB14-059
TIME: 06:40:19 PM
MOVED:Kagan
MOTION:Adopt amendment L.006 (Attachment D). The motion failed for lack of a second.
SECONDED:
VOTE
Buckner
Court
Gardner
Lawrence
McLachlan
Murray
Pettersen
Salazar
Waller
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Failed


BILL:SB14-059
TIME: 06:57:11 PM
MOVED:Lawrence
MOTION:Adopt amendment L.005 (Attachment C). 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


06:57 PM

Representative Lawrence provided closing remarks in support of Senate Bill 14-059. Committee members discussed the merits of the legislation, and voiced their positions on it.
BILL:SB14-059
TIME: 06:58:24 PM
MOVED:Lawrence
MOTION:Refer Senate Bill 14-059, 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