Date: 03/11/2014

Final
BILL SUMMARY for HB14-1133

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Adopt amendment L.001 (Attachment B). The amendmen
Adopt amendment L.002 (Attachment D). The motion f
Adopt amendment L.003 (Attachment C). The motion f
Postpone House Bill 14-1133 indefinitely. The moti
Refer House Bill 14-1133 to the Committee on Publi
FAIL
FAIL
PASS
FAIL



01:36 PM -- HB14-1133

The committee was called to order. A quorum was present. Representative Humphrey, prime sponsor, presented House Bill 14-1133. The bill makes it a class 3 felony to knowingly terminate a pregnancy. It provides for the following exceptions:

The bill also clarifies that a pregnant woman upon whom an abortion is performed or attempted is not subject to a criminal penalty and that the sale and use of contraception is not prohibited by the bill. A conviction under House Bill 14-1133 constitutes unprofessional conduct for the purposes of physician licensing.

Representative Humphrey spoke briefly about the science of conception and abortion. He then commented about personhood and the point at which human life begins. He provided arguments against abortion.


01:48 PM

Representative Humphrey continued to discuss scientific definitions related to human development. He moved on to a summary of the mechanics of the bill. He responded to questions from the committee about how the bill would affect various hypothetical situations. The committee discussed the use of contraception and whether the prescription of such contraception would be criminalized by the bill. Representative Humphrey responded to questions about the concept of personhood.


01:58 PM

The committee continued to discuss the various forms of contraception that would be illegal under the bill with Representative Humphrey. He responded to questions about the current state of abortion law in Colorado.

02:02 PM -- Ms. Christy Rodriguez, representing the Colorado Campaign for Life, testified in support of the bill. Ms. Rodriguez introduced herself and spoke about thousands of petitions that were gathered by her organization in support of the bill. She discussed her experience working in the pro-life movement. She explained the science of human development. She expressed her opinion that women are harmed by the practice of abortion. She provided details of her own experience with having an abortion, along with statistics about abortions performed on minority women. She continued to express her opinion about the harm that legalized abortions causes. Ms. Rodriguez responded to questions from the committee about botched legal abortions or unsanitary abortion clinics in Colorado. Representative Humphrey responded to questions from Representative Salazar about the constitutionality of the bill.

02:13 PM -- Mr. Zach Torres, representing himself, testified in support of the bill. Mr. Torres provided details about his mother's difficult pregnancies that might have ended in abortion if his mother had believed in the practice. He expressed his opinion that an abortion is no different from murder.

02:16 PM -- Mr. Kevin Paul, representing Planned Parenthood of the Rocky Mountains, and Dr. Kristina Tocce and Dr. Kim Warner, both representing the Colorado Chapter of the American Congress of Obstetricians and Gynecologists, testified in opposition to the bill. Mr. Paul explained the healthcare provided by Planned Parenthood of the Rocky Mountains. He stated that the bill is patently unconstitutional. He went on to provide arguments about why it is unconstitutional. He talked about the bill's treatment of the concepts of fetal and embryonic personhood. He indicated that the bill would outlaw a number of forms of contraception that are widely prescribed and used. He commented that federal Medicaid law requires the state to provide Medicaid benefits for abortions that result from rape or incest. Dr. Tocce stated that pregnancy is defined by the medical community differently than the bill defines it. She discussed a number of reasons pregnancy does not progress to a live child, many of which occur naturally. She provided information about patients for whom she has provided abortions. She stressed that these are private medical decisions for people and stated that the state legislature should never be involved in such decisions. Mr. Paul responded to questions about the current state of abortion law in Colorado. Discussion ensued about late-term abortions.


02:34 PM

Representative Waller continued to question Mr. Paul about support for banning late-term abortions. He suggested the possibility of an amendment that would limit the ban on abortion to the point at which a fetus becomes viable. The chair announced that such an amendment would not fit under the title of the bill and would be ruled out of order. Discussion on this subject ensued. Dr. Tocce responded to questions about basic medical procedures that would be criminalized by the bill. She explained that appropriate medical care could be delayed by ambiguity in the language of the bill.


02:44 PM

Mr. Paul responded to questions about the costs other states have incurred to defend abortion bans in court. Representative Lee asked for information about the effect of the bill on the free use of contraceptives. Dr. Warner discussed the mechanics and efficacy of a number of types of contraceptives. Dr. Tocce stated that the bill would limit her ability to offer comprehensive healthcare to her patients. Dr. Warren and Dr. Tocce responded to questions from Representative Waller about when life begins.

02:52 PM -- Ms. Adea Frances, representing herself, testified in opposition to the bill. Ms. Frances provided details about her experience having an abortion. She expressed her opinion politicians should not be involved in personal medical decisions. She responded to questions from the committee.

02:59 PM -- Ms. Jen Boulten, representing herself, testified in opposition to the bill. Ms. Boulten spoke about her experience with two ectopic pregnancies. She expressed her concern that requiring a doctor to take all reasonable measures to preserve the life of the embryo could have endangered her own life. She also expressed concerns about the use of in vitro fertilization and how such procedures would be affected by the bill.

03:04 PM -- Ms. Robyn Parker, representing Women Helping Others Resist Exploitation and Sexism, testified in opposition to the bill. Ms. Parker discussed her difficult pregnancy, and expressed concern that the bill might restrict doctors from providing needed healthcare services to high-risk patients.

03:08 PM -- Ms. Amy Runyon-Harms, representing Progress Now Colorado, testified in opposition to the bill. Ms. Runyon-Harms spoke about 1,200 petitions her organization has received in opposition to the bill (Attachment A). She read a number of comments from the petitions.

14HseJud0311AttachA.pdf14HseJud0311AttachA.pdf

03:11 PM -- Mr. Tommy LeForce, representing himself, testified in support of the bill. Mr. LeForce expressed his opinion that it is time for a court challenge to Roe v. Wade. He spoke about the advancement of medical science that allows doctors today to save children previously not thought viable. Mr. LeForce responded to questions regarding his position on the propriety of the law allowing certain types of contraception. Mr. LeForce responded to further questions regarding when he feels his daughter should be making reproductive decisions.

03:22 PM -- Ms. Andrea Shpall, representing the Anti-Defamation League, testified in opposition to the bill. She explained that the bill would be a violation of religious freedoms and the right to privacy, and would endanger the health of women.

03:26 PM -- Ms. Leslie Chomic, representing the League of Women Voters, testified in opposition to House Bill 14-1133.

03:28 PM -- Ms. Christine Humphrey, representing herself, testified in support of the bill, addressing issues raised during earlier testimony. Ms. Humphrey responded to questions regarding the potential unconstitutionality of the bill, and the separation of powers.


03:34 PM

The committee recessed.

Representative Gardner explained the effect of prepared amendment L.001, a strike-below amendment (Attachment B).

14HseJud0311AttachB.pdf14HseJud0311AttachB.pdf
BILL:HB14-1133
TIME: 03:40:44 PM
MOVED:Gardner
MOTION:Adopt amendment L.001 (Attachment B). The amendment was ruled to not fit under the title of the bill.
SECONDED:Waller
VOTE
Buckner
Court
Gardner
Lawrence
McLachlan
Murray
Pettersen
Salazar
Waller
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:


03:46 PM

Discussion ensued regarding the ruling on amendment L.001.
BILL:HB14-1133
TIME: 03:50:50 PM
MOVED:Lawrence
MOTION:Adopt amendment L.003 (Attachment C). The motion failed on a vote of 4-7.

14HseJud0311AttachC.pdf14HseJud0311AttachC.pdf
SECONDED:Murray
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:HB14-1133
TIME: 04:00:28 PM
MOVED:Murray
MOTION:Adopt amendment L.002 (Attachment D). The motion failed on a vote of 4-7.

14HseJud0311AttachD.pdf14HseJud0311AttachD.pdf
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


04:03 PM

Representative Humphrey provided closing remarks in support of House Bill 14-1133.
BILL:HB14-1133
TIME: 04:09:13 PM
MOVED:Gardner
MOTION:Refer House Bill 14-1133 to the Committee on Public Health Care and Human Services. The motion failed on a vote of 2-9.
SECONDED:Murray
VOTE
Buckner
No
Court
No
Gardner
No
Lawrence
Yes
McLachlan
No
Murray
Yes
Pettersen
No
Salazar
No
Waller
No
Lee
No
Kagan
No
YES: 2 NO: 9 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:HB14-1133
TIME: 04:37:10 PM
MOVED:Lee
MOTION:Postpone House Bill 14-1133 indefinitely. The motion passed on a vote of 7-4.
SECONDED:Court
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