Bill Summary for Bill Number SB15-268

Date: 04/22/2015

Final
BILL SUMMARY for SB15-268

SENATE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Refer Senate Bill 15-268 to the Committee of the W	PASS

01:40 PM

The committee recessed.

01:43 PM -- SB15-268

Senator Roberts called the committee back to order. President Cadman, sponsor, presented Senate Bill 15-268, concerning offenses against an unborn child. President Cadman discussed his reasons for sponsoring the bill, including discussion of a violent event that occurred in Longmont, Colorado. President Cadman stated that the bill allows for prosecution of persons that harm a fetus against the will of the mother. He also discussed decisions by the Supreme Court of the United States concerning women's rights, and laws similar to SB 15-268 in other states.

In response to a question, President Cadman discussed the applicability of the bill in situations where pregnant women have miscarriages.

01:53 PM -- Mr. Kevin Paul, representing Planned Parenthood of the Rocky Mountains, testified in opposition to the bill. Mr. Paul discussed current law concerning crimes against pregnant women. Mr. Paul stated that he opposed SB 15-268 because it inserts personhood provisions in to the criminal code; could harm the ability of Planned Parenthood staff from providing gynecological care, including abortion services, due to ambiguous language in the bill; does not address inaction by pregnant women; and is unnecessary.

In response to committee questions, Mr. Paul stated that the bill establishes the definition of person for an unborn human being and that the language in the bill is similar to recent Colorado ballot initiatives. Senator Lundberg and Mr. Paul discussed Planned Parenthood's position relative to the event that occurred in Longmont.

02:03 PM

Senator Roberts and Mr. Paul discussed the bill, including provisions of the bill, prior ballot initiatives, the specific language used in the bill, and rules of statutory construction used by courts.

02:13 PM

Senator Lundberg and Mr. Paul discussed terminology used in the bill and in Mr. Paul's testimony. In response to Senator Merrifield, Mr. Paul discussed the definition of conception. Senator Roberts and Mr. Paul discussed Planned Parenthood's participation in the process of drafting SB 15-268 and its position on the bill.

02:23 PM

In response to committee questions, Mr. Paul explained how he believes the bill would apply to unknowingly pregnant women, and discussed viability and laws in other states. Mr. Paul also discussed his concerns regarding the exceptions in the bill and the effect of bills similar to SB 15-268 on health care services, including abortion services, provided in other states.

02:33 PM

Mr. Paul, at the request of Senator Guzman, discussed the applicability of current Colorado law, to hypothetical facts related to the event in Longmont, and the justice-related purpose of current laws.

02:35 PM

President Cadman addressed some of the questions raised by the committee during Mr. Paul's testimony.

02:38 PM -- Former Attorney General John Suthers, representing himself, testified in support of the bill. Mr. Suthers discussed his position on current law and the bill, as well as his efforts advocating for fetal homicide legislation.

02:43 PM

Senator Kerr replaced Senator Guzman on the committee, as a temporary appointment made by Minority Leader Carroll.

In response to Senator Merrified, Mr. Suthers discussed exceptions included in the bill. Mr. Suthers stated that the language in the bill is not confusing. Senator Lundberg and Mr. Suthers discussed justice.

Senator Roberts and Mr. Suthers discussed the specific language used in the bill and court interpretations in other states. They also discussed how the bill defines "person" and how the term has been defined in Colorado ballot initiatives, and whether the bill covers both acts and omissions by pregnant women.

02:53 PM

Senator Merrifield discussed prosecutions of mothers in other states, and Mr. Suthers responded. They continued to discuss the bill, specifically language concerning "personhood." In response to Senator Roberts, Mr. Suthers discussed what he considers gaps in the criminal code relating to fetal homicide, and how the bill relates to criminal justice. Mr. Suthers provided clarification for Senator Kerr regarding current law, and explained what he considers deficiencies in the current law.

03:03 PM -- Ms. Corrine Rivera Fowler, representing Colorado Organization for Latina Opportunity and Reproductive Rights, testified in opposition to the bill. Ms. Fowler discussed what she believed were the reasons for SB 15-268, similar bills in other states, and the event in Longmont. She further stated that the bill takes rights away from pregnant mothers, and the effect of the bill in situations of domestic violence. Ms. Rivera stated that civil remedies are available for victims under current law. Ms. Rivera continued to discuss situations involving domestic violence. In response to a committee question, Ms. Rivera discussed what she believed were motivations behind SB 15-268 and prior legislation. She also discussed the bill as it relates to prior legislation and recent ballot initiatives.

03:11 PM

Senator Cadman stated his motivations for sponsoring the bill. Senator Merrifield and Senator Roberts commented.

03:14 PM -- Ms. Jennifer Hendricks, representing herself, testified in opposition to the bill. Ms. Hendricks discussed the exceptions provided in the bill. She discussed court decisions and statutory interpretation in other states relating to laws similar to SB 15-268. In response to a question from Senator Lundberg, Ms. Hendricks provided information on prosecutions in other states.

03:24 PM

Senator Lundberg and Ms. Hendricks continued to discuss prosecutions in other states. In response to a question, Ms. Hendricks discussed justice as it relates to attacks against pregnant women. Senator Roberts and Ms. Hendricks discussed personhood, prior ballot initiatives, and options for prosecutors under current law.

03:34 PM -- Mr. Joel Swanson, representing himself, testified in opposition to the bill. Mr. Swanson discussed his experience working with victims of domestic violence, and the effect of SB 15-268 on victims of such violence. Mr. Swanson stated that fetal homicide bills were used in other states to deny access to certain health care services, and that such laws do not reduce violence against women.

03:38 PM -- Dr. Rebecca Cohen, representing herself, testified in opposition to the bill. Dr. Cohen read written testimony from a patient. Dr. Cohen then provided testimony on her own behalf. She discussed her training and experience and stated that doctors are being attacked for providing certain services. Dr. Cohen discussed the potential effects of the bill, and the effect of similar bills in other states. Senator Lundberg and Dr. Cohen discussed laws as they relate to ectopic pregnancies. In response to a question, Dr. Cohen explained ectopic pregnancies.

03:48 PM

The committee and Dr. Cohen continued to discussed ectopic pregnancies and the bill, including how Dr. Cohen would like the bill to be amended.

03:50 PM -- Ms. Amanda Henderson, representing the Interfaith Alliance of Colorado, testified in opposition to the bill. Ms. Henderson stated that the bill would subject women to punishments for miscarriages and would cause fear in medical providers. She also discussed the effect of similar laws in other states, and prior Colorado ballot initiatives. In response to Senator Lundberg, Ms. Henderson discussed the violent event that occurred in Longmont, and justice relating to the charges brought following the event. Senator Roberts and Ms. Henderson discussed prior legislation. Senator Cooke and Ms. Henderson discussed instances of prosecution relating to miscarriage.

04:00 PM

The committee and Ms. Henderson continued to discuss the bill. President Cadman commented on instances of violence against pregnant women and discussed federal law relating such actions. The committee and Ms. Henderson discussed the definition of person the bill.

04:10 PM

President Cadman discussed the definition of person in the bill and prosecutions in other states.

04:11 PM -- Ms. Peg Perl, representing the Colorado Women's Lobby, testified in opposition to the bill. Ms. Perl stated that law professors have said that the bill goes too far, and that the different interpretations of the bill offered in witness testimony shows that the terms of the bill are ambiguous. Ms. Perl stated that she was concerned that the bill could be construed in a way that harms women and medical professionals. In response to Senator Lundberg, Ms. Perl clarified how she believes crimes are defined in relation to violent actions. Ms. Perl discussed Colorado law.

04:16 PM -- Mr. Jeremy Shaver, representing the Anti-Defamation League, testified in opposition to the bill. Mr. Shaver stated that voters in Colorado had rejected certain prior ballot proposals and that the exceptions in the bill were vague and untested. He stated that he opposed the bill because he believes it would redefine "person," and the exceptions in the bill are inadequate to protect women and medical professionals.

04:19 PM -- Ms. Denise Maes, representing the American Civil Liberties Union of Colorado, testified in opposition to the bill. Ms. Maes stated that the bill may not apply to the violent event that occurred in Longmont because of issues of intent, and that current laws do apply to the situation, so there is no gap in the law. Ms. Maes discussed the bill, including the situations in which it would apply.

04:25 PM -- Mr. Dan May, District Attorney for the Fourth Judicial District, testified in support of the bill. Mr. May distributed written materials to the committee (Attachment F). Mr. May explained that the acts covered by the bill constitute homicide, and discussed the elements of the crime. Mr. May discussed the use of the term "person" in the bill to establish the crime, and explained why it does not institute the concept of personhood for other purposes. Mr. May referenced some cases where an unborn child was lost and prosecutors were unable to levy charges based on the loss of the child. The committee and Mr. May discussed the exceptions in the bill.

15SenateJud0422AttachF.pdf

04:35 PM

The committee and Mr. May continued to discuss the exceptions under the bill. In response to committee questions, Mr. May clarified his testimony regarding exceptions in federal law. Mr. May also discussed the definition of person in the bill and in Colorado law, review by state supreme courts of similar laws in other states, and criminal charges that could be bought in certain situations. Senator Roberts and Mr. May continued to discuss the term "person" as used in the Colorado Revised Statutes.

04:46 PM -- Mr. Ovide Lamontagne, representing Americans United for Life, testified in support of the bill. Mr. Lamontagne distributed written materials to the committee (Attachment G). Mr. Lamontagne discussed using the term "person" in the bill and elsewhere in Colorado statutes. He commented on prior testimony concerning risks to pregnant women, how unborn children are recognized under current law, and endorsements of the bill. In response to Senator Kerr, Mr. Lamontagne discussed model legislation offered by Americans United for Life, exceptions included therein, and U.S. Supreme Court decisions. Mr. Lamontagne discussed the bill and abortion.

15SenateJud0422AttachG.pdf

04:56 PM

The committee and Mr. Lamontagne continued to discuss the bill.

04:57 PM -- Ms. Janet Huffor, representing the El Paso County Sheriff's Office, testified in support of the bill. Ms. Huffor discussed instances of violence against pregnant women and her experience in law enforcement. She also discussed human trafficking, generally, as well as specific instances of violence relating to human trafficking. Ms. Huffor stated that current law does not provide appropriate justice for unborn children or mothers.

05:01 PM -- Ms. Jenny Kraska, representing the Colorado Catholic Conference, testified in support of the bill. Ms. Kraska discussed personhood, including differences between the bill and prior attempts to amend the Colorado Constitution.

05:03 PM -- Douglas County Sheriff Tony Spurlock, representing the County Sheriffs of Colorado and the Douglas County Sheriff's Office, testified in support of the bill. Sheriff Spurlock stated that the bill allows law enforcement to address instances where the intent is to harm the unborn child. Sheriff Spurlock stated that from a law enforcement perspective, the bill is simple, and will add protections for victims. In response to a question, Sheriff Spurlock stated that the law allows for arrests and charges to be made, but does not change law enforcement's ability to protect people.

05:09 PM -- Ms. Lora Thomas, representing herself, testified in support of the bill. Ms. Thomas discussed her experience interacting with pregnant woman in automobile accidents. She also discussed her work with pregnant women who had been harmed, and lost their pregnancies, in attacks. Ms. Thomas stated that she believes the law is straightforward, and that the law is needed in the state.

05:12 PM -- Ms. Natalie Decker, representing the Alliance Defending Freedom and Colorado Family Action, testified in support of the bill. Ms. Decker distributed written testimony to the committee (Attachment H). She discussed instances of violence against pregnant women and statements made by prior witnesses. Ms. Decker discussed liability for pregnant women under the bill and stated that the bill was narrowly written. She also explained why current Colorado law is inadequate.

15SenateJud0422AttachH.pdf

Senator Merrifield discussed the qualifications of prior witnesses. Ms. Decker stated that criminal law is fact specific and that prosecutions referred to in studies presented by other witnesses were not applicable to SB 15-268. Senator Roberts and Ms. Decker discussed the exceptions in the bill.

05:22 PM

Senator Roberts and Ms. Decker continued to discuss exceptions in the bill. Ms. Decker also discussed her organizations' positions. Senator Lundberg discussed efforts to enact legislation in prior years.

05:27 PM -- Dr. Thomas Perille, representing the Protect Life Coalition, testified in support of the bill. Dr. Perille distributed written testimony to the committee (Attachment I). He discussed the development of fetuses. Dr. Perille stated the reasons he supports the bill, and addressed concerns raised by prior testimony.

15SenateJud0422AttachI.pdf

05:32 PM -- Mr. Scott Horak, representing himself, testified in support of the bill. Mr. Horak stated that the duty of government is the protection of life, and that our rights are derived from God. He discussed the reasons for laws, generally. Mr. Horak stated that subjective rhetoric creates delay, and that laws should be based on objective fact and reality. He discussed justice and stated that the bill was not an abortion issue.

05:38 PM -- Mr. Michael Norton, representing the Alliance Defending Freedom and Colorado Family Action, testified in support of the bill. Mr. Norton provided written testimony to the committee (Attachment J) and stated that laws should be enacted to protect the most vulnerable citizens, including unborn children, and that the bill contained exemptions for all abortions. He stated that prosecutors would not charge those exempted under the bill. Mr. Norton also discussed the violent event in Longmont.

15SenateJud0422AttachJ.pdf

05:43 PM

President Cadman discussed cases that would have been affected by the bill, and provided closing remarks on the bill.

05:53 PM

Senator Merrifield and President Cadman discussed the bill. Committee members discussed their positions on the bill.

06:03 PM

The committee recessed.

06:06 PM

The committee returned to order. The committee continued to discuss their positions on the bill. President Cadman commented on the bill.

06:16 PM

President Cadman continued to discuss the bill and comments made by committee members. Senator Roberts discussed her position on the bill.


BILL:	SB15-268
TIME:	06:24:10 PM
MOVED:	Lundberg
MOTION:	Refer Senate Bill 15-268 to the Committee of the Whole. The motion passed on a vote of 3-2.
SECONDED:
		VOTE
	Cooke	Yes
	Kerr	No
	Merrifield	No
	Lundberg	Yes
	Roberts	Yes


Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

06:24 PM

The committee adjourned.