Date: 03/19/2015

Final
BILL SUMMARY for HB15-1229

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Adopt amendment L.002 (Attachment A). The motion p
Refer House Bill 15-1229, as amended, to the Commi		Pass Without Objection
PASS



01:43 PM -- HB15-1229

The committee was called to order. A quorum was present. Representative McCann, prime sponsor, presented House Bill 15-1229, concerning retaliation against a prosecutor. Representative McCann provided background on penalties for harassing court officials, and explained the effect of the bill. Representative McCann noted a recent case where a prosecutor was murdered. Representative McCann responded to questions regarding criminal penalties for harassing jurors and defense attorneys, and the reason why defense attorneys are not included within the scope of the bill. Discussion ensued regarding the need to shield law enforcement officers and others from harassing behavior, and the deterrent effect of HB 15-1229. Discussion ensued regarding the exclusivity of the bill, and the potential for the bill to chill free speech through an injunction against harassment.


01:53 PM

The following persons testified regarding HB 15-1229:

01:54 PM -- Ms. Jessica Radke, representing the Colorado District Attorneys' Council, testified in support of the bill. Ms. Radke addressed earlier questions about the potential abridgement of free speech by the bill. Ms. Radke related an incident where she was subjected to harassment and threats while working as a prosecutor in the First Judicial District. She discussed the impact these incidents had on her and her family and associates. Ms. Radke responded to questions regarding the charges that were brought against her harasser once he was caught, and the level of offense that may be charged under HB 15-1229.


02:07 PM

Discussion ensued regarding how the bill changes the options for charging an individual as compared to current law prohibiting harassment of a public official. Discussion returned to actions that constitute harassment under the bill, and the broadness of the definition of harassment. Discussion followed regarding the potential for amending the bill to include defense attorneys within its scope. Ms. Radke responded to questions regarding the position she held when she was subject to harassment.


02:18 PM

Ms. Radke responded to questions regarding earlier statements about restraint that would be exercised by prosecutors in levying charges under the bill, and the discretion afforded to prosecutors by the bill. Discussion again returned to the potential for shielding defense attorneys from retaliation in a manner similar to HB 15-1229. Representative Salazar created a scenario where a prosecutor may abuse the charges allowed by the bill, and Ms. Radke responded.


02:31 PM

Ms. Radke responded to questions regarding the potential for charges to be filed under HB 15-1229 in the absence of an underlying case upon which the subject prosecutor is working. Discussion ensued on this point, and what constitutes a prosecutor's scope of employment under the bill. Discussion followed regarding the use of laws to charge retaliatory activity against judges under current law. Discussion turned to the potential for amending the bill to address certain vague language.

02:43 PM -- Ms. Cara Morlan, representing herself and the Eighteenth Judicial District, testified in support of the bill. Ms. Morlan discussed threatening activity targeting the prosecutors in her office, and the impact that this activity has had on her colleagues and their families. Ms. Morlan discussed charges brought against an individual who threatened a prosecutor, and the behavior to which she and her colleagues have been subjected during their course of work. She discussed an instance of retaliatory harassment to which she was subjected. Ms. Morlan explained why she feels that prosecutors would not use the charging power of the bill in an abusive manner, and discussed the checks that are in place against prosecutorial abuse.


02:55 PM

Ms. Morlan addressed earlier testimony about including defense attorneys within the scope of the bill, and spoke to the merits of HB 15-1229. Ms. Morlan responded to questions regarding the potential for prosecutors to use existing harassment laws to prosecute offenders under current law. Representative Kagan expressed concerns about potential duplication of current crimes by the bill.

03:03 PM -- Ms. Meghan Dollar, representing the Colorado Municipal League, testified in support of HB 15-1229. Ms. Dollar discussed retaliatory threats against prosecutors at the municipal level, citing specific examples.

03:05 PM -- Ms. Maureen Cain, representing the Colorado Criminal Defense Bar, testified in opposition to the bill. Ms. Cain discussed current harassment statutes in light of a recent U.S. Supreme Court opinion about prosecutorial discretion and the use of overly broad criminal statutes. Ms. Cain suggested that removing language from the bill referencing harassment would improve the bill. Ms. Cain responded to questions regarding jurisprudence associated with retaliatory actions against judges, and her position on removing the harassment language from the bill.

03:17 PM -- Ms. Kathleen McGuire, representing the Colorado Criminal Defense Bar, testified in opposition to the bill. Ms. McGuire suggested that the legislation is unnecessary considering that the action to be proscribed by the bill is already illegal, and noted that prosecutors and defense attorneys should be treated equally under the law. Ms. McGuire discussed the potential for the abuse of prosecutorial discretion under the bill. Ms. McGuire responded to questions regarding her comments about prosecutorial discretion, and the need for additional protections for prosecutors. Discussion ensued regarding why laws were passed granting additional protections for judges against retaliation. Ms. McGuire responded to questions regarding her opinion of the harassment language in HB 15-1229.

03:32 PM -- Ms. Denise Maes, representing the American Civil Liberties Union, testified in opposition to the bill. Ms. Maes discussed prosecutorial discretion in terms of the use of the harassment clause in the bill, raising due process concerns with the language. Ms. Maes raised concerns about the retaliatory conduct not being tied to the prosecutor's conduct under the bill, and retaliatory conduct that impacts other professions in addition to prosecutors. Ms. Maes responded to questions regarding the potential unconstitutionality of HB 15-1229.

03:39 PM -- Ms. Christie Donner, representing the Colorado Criminal Justice Reform Coalition, testified in opposition to HB 15-1229. Ms. Donner distinguished the activities of district attorneys from those of judges, and provided examples of situations that may result in felony charges under the bill. She also discussed potential constitutional issues with the bill, and the elevation of prosecutors by the bill. Discussion ensued regarding the over-broadness of harassment statutes.


03:48 PM

The committee recessed.


03:51 PM

The committee returned to order. Representative Dore explained the effect of amendment L.002 (Attachment A). Discussion ensued regarding the merits of the amendment. Representative Dore responded to questions regarding the inclusion of municipal attorneys within the scope of the amendment.

15HouseJudiciary0319AttachA.pdf15HouseJudiciary0319AttachA.pdf
BILL:HB15-1229
TIME: 03:54:00 PM
MOVED:Dore
MOTION:Adopt amendment L.002 (Attachment A). The motion passed without objection.
SECONDED:Pettersen
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


03:54 PM

Representative McCann provided closing remarks in support of HB 15-1229. Various committee members provided their positions on the bill. The committee also discussed some hypothetical situations that might occur under the bill.
BILL:HB15-1229
TIME: 03:56:40 PM
MOVED:Court
MOTION:Refer House Bill 15-1229, as amended, to the Committee on Appropriations. The motion passed on a vote of 13-0.
SECONDED:Van Winkle
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