Date: 04/14/2015

Final
BILL SUMMARY for HB15-1312

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Postpone House Bill 15-1312 indefinitely. The moti
Refer House Bill 15-1312 to the Committee on Finan		PASS
FAIL



06:24 PM

The committee recessed.


06:34 PM -- HB15-1312

The committee returned to order. Representatives Pabon and Lawrence, prime sponsors, presented House Bill 15-1312, concerning collection of a DNA sample from offenders convicted of certain misdemeanors. Representative Pabon explained the effect of the bill and discussed its need. Representative Lawrence provided input on the need for the legislation. Representative Pabon responded to questions regarding the records to be held by the Colorado Bureau of Investigation (CBI) under current law and under the bill. Representative Pabon responded to further questions regarding how often the types of misdemeanors affected by the bill are taken to a jury trial, and the rate at which criminal cases result in a plea bargain. Discussion ensued regarding the process by which DNA is collected in arrest situations.


06:48 PM

Discussion ensued regarding the types of misdemeanors that would trigger the collection of DNA under the bill. Representative Carver questioned the effect of the bill on the use of DNA by an individual to protest his or her innocence.


06:59 PM

The following persons testified regarding HB 15-1312:

06:59 PM -- Ms. Rebecca Bornhoft, representing herself, testified in support of the bill. Ms. Bornhoft discussed the circumstances of her being assaulted, and the subsequent imprisonment of her attacker. Ms. Bornhoft discussed additional assaults that her attacker perpetrated, and the use of DNA evidence to capture the attacker.

07:03 PM -- Ms. Janet Girten, representing CBI, made herself available to answer questions. Ms. Girten responded to questions regarding the DNA database maintained by CBI, and how information in the database is shared among law enforcement in Colorado and other states. Ms. Girten responded to further questions regarding how the DNA is collected and held in the database, and the scope of availability of the DNA.


07:14 PM

Ms. Girten responded to questions regarding the circumstances under which a defendant's DNA may be expunged, and the exposure of the DNA under the CBI's auspices to computer theft. Ms. Girten responded to further questions regarding the potential for the Federal Bureau of Investigation to retain DNA information under CBI custody, and the association of demographic information with the actual DNA. Ms. Girten responded to questions regarding the cross-referencing of other databases with the CBI DNA database to reveal identifying information, and the matching of numeric codes with DNA stored by CBI.


07:28 PM

Ms. Girten responded to questions regarding other states that collect DNA evidence associated with misdemeanors, and evolving technology that may allow exploitation of DNA evidence and an associated numeric code.

07:33 PM -- Ms. Denise Maes, representing the American Civil Liberties Union, testified in opposition to the bill. Ms. Maes discussed the invasive nature of DNA collection, and the nature of the DNA evidence held by CBI. She discussed the privacy implication of widespread DNA collection. Ms. Maes explained how an individual was exonerated based upon the use of DNA. Ms. Maes disputed the rationale of the bill, and the connection between DNA collection and increases in criminal convictions. She also noted that the use of DNA is not infallible, and discussed the lack of connection between DNA collection and criminal conviction in Colorado. Ms. Maes discussed the DNA expungement process Ms. Maes responded to questions regarding the potential for mistakes to occur in the DNA collection and storage process.


07:44 PM

Ms. Maes responded to questions regarding circumstances under which she would not object to DNA collection, and the nexus between DNA collection and crime solving. Ms. Maes registered her objections to widespread DNA collection generally. Discussion ensued regarding the implications of maintaining a DNA database.

07:59 PM -- Ms. Maureen Cain, representing the Colorado Criminal Defense Bar, testified in opposition to HB 15-1312. Ms. Cain discussed the collection of DNA from felons, and the sources of funding for maintaining the DNA database. Ms. Cain compared the number of DNA samples collected in Colorado to the conviction rate based on these collections, and discussed the tracking of DNA information among law enforcement agencies. Ms. Cain discussed the relationship between the crimes targeted for DNA collection and the success in apprehending criminals based on the information collected. Ms. Cain spoke in support of improving the data associated with DNA and accountability for the money spent on DNA collection. Ms. Cain noted some funding that might be used to study the efficacy of DNA collection.

08:09 PM -- Mr. Mitch Morrissey, representing the Second Judicial District, testified in support of the bill. Mr. Morrissey discussed the impact of DNA collection on people, and the process by which a person might be exonerated using DNA. Mr. Morrissey responded to questions regarding how a number of individuals were exonerated in a rape case using DNA evidence. Mr. Morrissey discussed the use of DNA to assist in convicting criminals, and the constitutionality of collecting DNA. Mr. Morrissey noted that DNA databases have never been knowingly breached, and discussed the efficacy of using DNA to solve crimes. Mr. Morrissey discussed the case of Ms. Bornhoft, and the collection of DNA for misdemeanors in other states. Mr. Morrissey discussed the number of matches to crimes made in Denver using DNA.


08:20 PM

Mr. Morrissey responded to questions regarding how the misdemeanors for which DNA would be collected under the bill were selected.

08:23 PM -- Mr. Mark Hurlbert, representing the Eighteenth Judicial District and the Colorado District Attorneys' Council, testified in support of HB 15-1312. Mr. Hurlbert echoed the comments of Mr. Morrissey, stating that the bill is about people. Mr. Hurlbert discussed the use of DNA evidence to connect individuals with crimes. Mr. Hurlbert responded to questions about attempts to determine the perpetrators of a particular crime in his judicial district.

08:27 PM -- Mr. Chris Johnson, representing the County Sheriffs of Colorado, testified in support of the bill. Mr. Johnson discussed the use of DNA to exclude an individual as a suspect in a homicide, and the benefits of using DNA evidence to the families of victims.

08:29 PM -- Mr. Steve Siegel, representing the Colorado Association of Chiefs of Police, the Colorado Organization for Victim Assistance, and the Colorado Coalition Against Sexual Assault, testified in support of the bill. Mr. Seigel read a statement from a victim whose attacker was identified using DNA evidence.


08:34 PM

No amendments were offered to HB 15-1312. Representatives Lawrence and Pabon provided closing remarks in support of the bill. Various committee members provided their positions on the bill.
BILL:HB15-1312
TIME: 08:35:18 PM
MOVED:Lawrence
MOTION:Refer House Bill 15-1312 to the Committee on Finance. The motion failed on a vote of 6-7.
SECONDED:Willett
VOTE
Buckner
No
Carver
No
Court
Yes
Dore
No
Foote
Yes
Lawrence
Yes
Lundeen
No
Pettersen
Yes
Salazar
Yes
Van Winkle
No
Willett
Yes
Lee
No
Kagan
No
YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:HB15-1312
TIME: 08:50:37 PM
MOVED:Lee
MOTION:Postpone House Bill 15-1312 indefinitely. The motion passed on a vote of 8-5.
SECONDED:Buckner
VOTE
Buckner
Yes
Carver
Yes
Court
No
Dore
Yes
Foote
No
Lawrence
No
Lundeen
Yes
Pettersen
No
Salazar
Yes
Van Winkle
Yes
Willett
No
Lee
Yes
Kagan
Yes
Final YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS