House Committee on Judiciary (03/12/2015)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:	03/12/2015	ATTENDANCE

Time:	01:39 PM to 02:52 PM	Buckner	X
		Carver	X
Place:	HCR 0112	Court	X
		Dore	X
This Meeting was called to order by		Foote	X
	Representative Kagan	Lawrence	X
		Lundeen	X
This Report was prepared by		Pettersen	X
	Bo Pogue	Salazar	X
		Van Winkle	X
		Willett	X
		Lee	*
		Kagan	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB15-1189 SB15-030 HB15-1073		Postponed Indefinitely Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole

01:40 PM -- HB15-1189

The committee was called to order. A quorum was present. Representative Keyser, prime sponsor, presented House Bill 15-1189, concerning the "Colorado Uniform Fiduciary Access to Digital Assets Act." The committee heard testimony on the bill at its February 19 meeting. No amendments were offered to the bill. Discussion ensued regarding the intent of the bill, and certain reservations expressed about the legislation. Discussion followed regarding the potential for amending the bill to address certain reservations, and the work of stakeholders on the bill.


BILL:	HB15-1189
TIME:	01:40:48 PM
MOVED:	Kagan
MOTION:	Postpone House Bill 15-1189 indefinitely. The motion passed on a vote of 12-0.
SECONDED:	Pettersen
		VOTE
	Buckner	Yes
	Carver	Yes
	Court	Yes
	Dore	Yes
	Foote	Yes
	Lawrence	Yes
	Lundeen	Yes
	Pettersen	Yes
	Salazar	Yes
	Van Winkle	Yes
	Willett	Yes
	Lee	Excused
	Kagan	Yes

Final YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

01:48 PM -- SB15-030

Representative Foote, prime sponsor, presented Senate Bill 15-030, concerning removing cupability for prostitution for a victim of human trafficking. Committee members received a fact sheet on human trafficking (Attachment A). Representative Foote provided background on the issue of human trafficking. He also explained the effect of the bill and discussed its need. The following persons testified regarding the bill:

15HouseJud0312AttachA.pdf

01:52 PM -- Ms. Karen Moldovan, representing the Colorado Coalition Against Sexual Assault, testified in support of the bill. Ms. Moldovan discussed the abuse of sexual trafficking and its impact on the victims, and explained how the criminal justice system may exacerbate the victimization. She discussed efforts to address prosecutions for victims of human trafficking in other jurisdictions.

01:55 PM -- Mr. Claude d'Estree, representing the Human Trafficking Center, testified in support of the bill. Mr. d'Estree discussed the work of his center, and cited a report by the City University of New York on criminalizing human trafficking victims. Mr. d'Estree discussed the prosecution of victims of human trafficking for prostitution, and the impact of such prosecution. Mr. d'Estree raised certain issues about the bill, including: (1) the age restriction for records expungement in the bill; (2) reporting requirements under the bill; and (3) the potential for allowing crimes associated with prostitution by human trafficking victims to be vacated. Mr. d'Estree responded to questions regarding the scope of SB 15-030, and the need for resources to assist the victims of human trafficking.

02:04 PM -- Mr. Rex Hamaker, representing the Human Trafficking Center, testified in support of the bill. Mr. Hamaker discussed the limited scope of the legislation, and legislative efforts to address child sex trafficking in recent years, while failing to robustly address labor trafficking. Mr. Hamaker then discussed the merits of SB 15-030. Discussion ensued regarding other pending legislation concerning human trafficking.

02:10 PM -- Ms. Monica Petersen, representing the Human Trafficking Center, testified in support of the bill. Ms. Petersen made some suggestions about how to improve and implement the bill.

02:14 PM -- Ms. Billie McIntire, representing the Social Wellness Advocacy Network Colorado, testified in support of SB 15-030. Ms. McIntire discussed her work with victims of human trafficking, and the impact of criminalizing the activities of human trafficking victims. Committee members received a letter of support for the bill from Ms. Patricia McIntire (Attachment B).

15HouseJud0312AttachB.pdf

02:18 PM

No amendments were offered to SB 15-030. Representative Foote provided closing remarks in support of the bill. Various committee members provided input on the bill.

02:23 PM

The committee recessed.

02:26 PM

The committee returned to order.


BILL:	SB15-030
TIME:	02:21:30 PM
MOVED:	Foote
MOTION:	Refer Senate Bill 15-030 to the Committee of the Whole. The motion passed on a vote of 13-0.
SECONDED:	Lundeen
		VOTE
	Buckner	Yes
	Carver	Yes
	Court	Yes
	Dore	Yes
	Foote	Yes
	Lawrence	Yes
	Lundeen	Yes
	Pettersen	Yes
	Salazar	Yes
	Van Winkle	Yes
	Willett	Yes
	Lee	Yes
	Kagan	Yes

Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:28 PM -- HB15-1073

Representative Salazar, prime sponsor, presented House Bill 15-1073, concerning allowing a driver to challenge the validity of a law enforcement officer's initial contact with the driver. Representative Salazar provided background on House Bill 13-1077, and explained how HB 15-1073 would augment that earlier effort. He also discussed the effect of amendment L.004 (Attachment C). Representative Salazar responded to questions regarding the number of administrative hearing cases that would be affected by the bill. Discussion ensued regarding the differences between amendment L.003 (Attachment D) and L.004.

15HouseJud0312AttachC.pdf

15HouseJud0312AttachD.pdf

02:36 PM

The following person testified regarding HB 15-1073:

02:37 PM -- Ms. Maureen Cain, representing the Colorado Criminal Defense Bar, testified in support of the bill. She suggested that it addresses a Fourth Amendment issue, and explained how the bill will clarify current statute and practice. Ms. Cain explained that stakeholders are aware of amendment L.004. Representative Salazar clarified the Department of Revenue's position on the bill. Ms. Cain responded to questions regarding how initial contact is challenged in a Department of Revenue administrative hearing. Discussion ensued regarding the revocation of licenses despite the initial contact by law enforcement being illegal. Discussion followed regarding why the bill addresses drunk driving-related administrative hearings only, and not other types of traffic stops.

02:41 PM


BILL:	HB15-1073
TIME:	02:41:56 PM
MOVED:	Salazar
MOTION:	Adopt amendment L.004 (Attachment C). The motion passed without objection.
SECONDED:	Court
		VOTE
	Buckner
	Carver
	Court
	Dore
	Foote
	Lawrence
	Lundeen
	Pettersen
	Salazar
	Van Winkle
	Willett
	Lee
	Kagan

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

02:42 PM

Representative Salazar provided closing remarks in support of the bill.

02:43 PM

The committee recessed.

02:51 PM

The committee returned to order.


BILL:	HB15-1073
TIME:	02:42:54 PM
MOVED:	Salazar
MOTION:	Refer House Bill 15-1073, as amended, to the Committee of the Whole. The motion passed on a vote of 13-0.
SECONDED:	Court
		VOTE
	Buckner	Yes
	Carver	Yes
	Court	Yes
	Dore	Yes
	Foote	Yes
	Lawrence	Yes
	Lundeen	Yes
	Pettersen	Yes
	Salazar	Yes
	Van Winkle	Yes
	Willett	Yes
	Lee	Yes
	Kagan	Yes

Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:52 PM

The committee adjourned.