House Committee on Judiciary (02/02/2006)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:	02/02/2006	ATTENDANCE

Time:	01:38 PM to 11:46 PM	Boyd	X
		Clapp	X
Place:	HCR 0112	Decker	X
		Gardner	X
This Meeting was called to order by		Hefley	X
	Representative Carroll T.	Jahn	X
		Judd	X
This Report was prepared by		McGihon	*
	Jennifer Moe	Witwer	X
		Carroll M.	*
		Carroll T.	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB06-1146 HB06-1132 HB06-1057 HB06-1148 HB06-1088 HB06-1089 HB06-1090 HB06-1026 HB06-1153		Postponed Indefinitely Amended, Referred to Finance Amended, Referred to Appropriations Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole Postponed Indefinitely Laid Over Postponed Indefinitely Amended, Referred to the Committee of the Whole

01:39 PM -- House Bill 06-1146

Representative Solano, prime sponsor, presented HB 06-1146. The bill creates minimum standards for the sanitation and confining of pet animals in structures and by tethering. Among other provisions, the bill adds misdemeanor penalties for improperly confining a pet animal, and allows improperly confined pet animals to be impounded. Committee members were provided with a statement of opposition to the bill, prepared by the Colorado Federation of Dog Clubs, Inc. (Attachment A), and Amendments L.001 (Attachment B) and L.003 (Attachment C). The sponsor discussed the provisions of L.001 and L.003, and answered questions from the committee about the bill and the state's current animal cruelty laws

The following people testified on the bill:

01:51 PM -- Ms. Janet Stevens, representing the Colorado Federation of Dog Clubs, spoke in opposition to the bill, stating that there are adequate laws and regulations in place to address the sponsor's concerns.

01:56 PM -- Mr. Rigo Neira, representing the Colorado Association of Animal Control Officers, spoke in support of the bill. He indicated that the bill allows them to intervene before a situation progresses to animal cruelty, clarifying current law. He stated that shelter is not presently defined so it is left up to the subjective judgement of local officers. He responded to questions from committee members.

02:03 PM -- Ms. Diana Graham, representing herself, spoke in support of the bill. She shared her experiences and concerns regarding the mistreatment of animals.

02:07 PM -- Ms. Colin Berry, representing the Humane Society of the United States, spoke in support of the bill. She distributed her written testimony to the committee (Attachment D).

02:08 PM -- Ms. Martha Smith, representing the Colorado Federation of Animal Welfare Agencies, spoke in support of the bill.

02:09 PM -- Ms. Betty Pearce, representing the Colorado Humane Voters League, spoke in support of the bill.

02:11 PM -- Dr. Todd Towell, representing the Colorado Veterinary Medical Association, spoke in support of the bill with amendments and responded to questions about how the bill might apply to certain circumstances.

02:17 PM

The chairman closed public testimony, and the committee began considering amendments.


BILL:	HB06-1146
TIME:	02:17:47 PM
MOVED:	Boyd
MOTION:	Move Amendment L.001 (Attachment B). The motion passed without objection.
SECONDED:	Judd
		VOTE
	Boyd
	Clapp
	Decker
	Gardner
	Hefley
	Jahn
	Judd
	McGihon
	Witwer
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1146
TIME:	02:18:15 PM
MOVED:	Boyd
MOTION:	Move Amendment L.003 (Attachment C). The motion passed without objection.
SECONDED:	Judd
		VOTE
	Boyd
	Clapp
	Decker
	Gardner
	Hefley
	Jahn
	Judd
	McGihon
	Witwer
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

02:21 PM

The sponsor made closing comments on the bill. Committee members commented. Committee members were provided with an illustration of shelter for animals (Attachment E).


BILL:	HB06-1146
TIME:	02:22:10 PM
MOVED:	McGihon
MOTION:	Refer HB 06-1146, as amended, to the Committee of the Whole. The motion failed on a vote of 5-6.
SECONDED:	Judd
		VOTE
	Boyd	Yes
	Clapp	No
	Decker	No
	Gardner	No
	Hefley	No
	Jahn	Yes
	Judd	Yes
	McGihon	Yes
	Witwer	No
	Carroll M.	Yes
	Carroll T.	No
Not Final YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB06-1146
TIME:	02:22:57 PM
MOVED:	Clapp
MOTION:	Postpone indefinitely HB 06-1146. The motion carried on a vote of 7-4.
SECONDED:	Hefley
		VOTE
	Boyd	No
	Clapp	Yes
	Decker	Yes
	Gardner	Yes
	Hefley	Yes
	Jahn	No
	Judd	Yes
	McGihon	No
	Witwer	Yes
	Carroll M.	No
	Carroll T.	Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:23 PM -- House Bill 06-1132

Representative Hoppe, prime sponsor, summarized the provisions of HB 06-1132, which authorizes the sale of animals impounded under the state's animal cruelty laws. Under the bill's provisions, proceeds from the sale of impounded animals will be used to fund expenses incurred by an agency for the care and sale of the animals, and any unspent moneys will be turned over to the owner, if known. The bill makes other provisions concerning the cost of care as it relates to court hearings on the issue and the definition of restitution in criminal sentencing. Committee members were provided with Amendments L.001 (Attachment F) and L.002 (Attachment G).

02:29 PM -- Ms. Peg Ackerman, representing the County Sheriffs of Colorado, spoke in support of the bill and explained how the bill will help the sheriffs cover the costs incurred for confiscating large groups of animals, particularly in rural areas.

02:30 PM -- Dr. Todd Towell, representing the Colorado Veterinary Medical Association, spoke in support of the bill. She believes the bills strikes a fair balance in providing protections for owners and agencies.

02:32 PM -- Ms. Martha Smith, representing the Colorado Federation of Animal Welfare Agencies, spoke in support of the bill.

02:34 PM -- Mr. Sheldon Jones and Mr. Scott Dutcher, both representing the Department of Agriculture, came to the table in support of the bill and offered to answer any questions. The sponsor made additional comments.

02:36 PM -- Ms. Betty Pearce, representing the Colorado Humane Voters League, raised some questions about the bill.

02:40 PM

The chairman closed public testimony, and the committee began considering amendments.


BILL:	HB06-1132
TIME:	02:40:17 PM
MOVED:	Gardner
MOTION:	Move Amendment L.001 (Attachment F). The motion passed without objection.
SECONDED:	Boyd
		VOTE
	Boyd
	Clapp
	Decker
	Gardner
	Hefley
	Jahn
	Judd
	McGihon
	Witwer
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1132
TIME:	02:41:12 PM
MOVED:	Gardner
MOTION:	Move Amendment L.002 (Attachment G). The motion passed without objection.
SECONDED:	Hefley
		VOTE
	Boyd
	Clapp
	Decker
	Gardner
	Hefley
	Jahn
	Judd
	McGihon
	Witwer
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE

02:42 PM

The sponsor made closing comments on the bill.


BILL:	HB06-1132
TIME:	02:44:07 PM
MOVED:	Hefley
MOTION:	Refer HB 06-1132, as amended, to the Committee on Finance. The motion carried unanimously.
SECONDED:	Carroll M.
		VOTE
	Boyd	Yes
	Clapp	Yes
	Decker	Yes
	Gardner	Yes
	Hefley	Yes
	Jahn	Yes
	Judd	Yes
	McGihon	Yes
	Witwer	Yes
	Carroll M.	Yes
	Carroll T.	Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:44 PM -- House Bill 06-1057

Representative Stafford, prime sponsor, discussed the provisions of HB 06-1157. The bill increases the penalties for conviction of aggravated animal cruelty offenses. In addition, the bill prohibits persons convicted of animal cruelty offenses from owning an animal thereafter. The bill also amends the definition of "dangerous dog" and increases the penalty for owning a dangerous dog that injures or kills someone. Finally, the bill requires doctors to report dog bite injuries, under certain circumstances, to law enforcement. Committee members were provided with Amendments L.001 (Attachment H) and L.002 (Attachment I). The sponsor stated that the bill was intended to create stronger consequences for irresponsible dog owners, and it will help protect responsible dog owners. She responded to questions from the committee.

The following people testified on the bill:

02:57 PM -- Ms. Janet Stephens, representing the Colorado Federation of Dog Clubs, spoke in support of the bill and L.002 for the reasons cited by the bill sponsor.

02:59 PM -- Ms. Marci Grebing, representing the American Canine Association, spoke in support of the bill and L.002. She indicated that the bill is a good follow-up to previous dangerous dog legislation passed in Colorado.

03:01 PM -- Ms. Christine Garcia, representing herself, spoke in support of the bill and shared her experience as a dog owner following the passage of a breed-specific ban in her area. The sponsor commented, noting that this is an example of the type of owner that should be protected, not targeted. Ms. Garcia responded to comments from the committee.

03:09 PM -- Ms. Martha Smith, representing the Colorado Federation of Animal Welfare Agencies, spoke in support of the bill because it strengthens agencies' ability to deal with dangerous dogs and because it does not permit dangerous dogs to have one free bite before corrective action is taken.

03:10 PM -- Ms. Tina Villani, representing the American Canine Foundation, spoke in support of the bill. She responded to questions from the committee. Discussion ensued regarding changes the bill makes to current law and how Colorado law compares to other states.

03:16 PM -- Ms. Sonya Dias, representing Pit Bull BAND (Breed Awareness--Not Discrimination), spoke in support of the bill because it places responsibility on dog owners. She explained that some people select a breed because of its reputation as a killer.

03:20 PM

The chairman closed public testimony, and the committee began considering amendments.


BILL:	HB06-1057
TIME:	03:20:41 PM
MOVED:	Clapp
MOTION:	Move Amendment L.002 (Attachment I). The motion passed without objection.
SECONDED:	Hefley
		VOTE
	Boyd
	Clapp
	Decker
	Gardner
	Hefley
	Jahn
	Judd
	McGihon
	Witwer
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

03:22 PM

The sponsor made closing comments on the bill. Committee members commented.


BILL:	HB06-1057
TIME:	03:23:32 PM
MOVED:	Hefley
MOTION:	Refer HB 06-1057, as amended, to the Committee on Appropriations. The motion carried on a vote of 9-2.
SECONDED:	Clapp
		VOTE
	Boyd	Yes
	Clapp	Yes
	Decker	Yes
	Gardner	No
	Hefley	Yes
	Jahn	Yes
	Judd	Yes
	McGihon	No
	Witwer	Yes
	Carroll M.	Yes
	Carroll T.	Yes
Final YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:24 PM -- House Bill 06-1148

Representative Vigil, prime sponsor, presented HB 06-1148. The bill bans indemnification for negligence caused by another party, allowing a negligent party to indemnify other parties only to the extent of the indemnitor's negligence. The bill exempts project-specific insurance policies, and clarifies that agreements affecting railroad property or real property rentals are not included in the definition of "construction agreement", for the purpose of shifting financial responsibility for negligence. Committee members were provided with a letter of support for the bill from Mountain States Insurance Group (Attachment J).

The following people testified on this bill:

03:27 PM -- Mr. Mike Williams, representing the Denver Building Owners and Managers Association (BOMA), spoke in opposition to the bill. He explained that the bill takes away a contractual right and replaces it with a right to tortious action, and that the bill places Colorado in the minority when compared to other states on this issue. Committee members were provided with information about other state laws on indemnification (Attachment K) and a U.S. map highlighting states that place statutory restrictions on insurance in a construction setting (Attachment L). Mr. Williams described scenarios and applied current law and the proposed law to the scenarios. He then responded to questions from the committee.

03:39 PM -- Mr. Rob Cooney, representing Preferred Painting, spoke in opposition to the bill. He said he supports indemnification to a certain extent when an entity is contracted to perform work in a building. He noted that in 14 years of work he has not had problems getting insurance for a contract. He responded to questions from the committee.

03:42 PM -- Mr. Gary Meggison, representing the Association of General Contractors of Colorado, spoke in opposition to the bill and gave reasons why the bill is unnecessary.

03:46 PM -- Mr. Rick Richter, representing the Colorado Association of Home Builders, spoke in opposition to the bill and read testimony to explain why it is important to allocate both risk and reward in construction contracts. He responded to questions from the committee.

04:04 PM -- Ms. Teresa Wernimont, representing Colorado Sash and Door, the American Subcontractors Association, and the Colorado Construction Reform Coalition, spoke in support of the bill because it makes parties to a construction contract responsible for their share of fault. She cited testimony from Mountain States Insurance Group, as contained in Attachment J. She responded to questions from the committee.

04:20 PM -- Mr. Robert Wilson, representing the American Subcontractors Association of Colorado, spoke in favor of the bill. He described a construction contract in which he was involved, and answered questions from the committee.

04:28 PM -- Mr. Nareander Kumar, representing the American Council of Engineering Companies in Colorado, spoke in support of the bill. He described the impact of current law on the industry, underscoring how it is unfair.

04:37 PM -- Mr. Mark Fisher, representing Greenco, spoke in support of the bill. He described some benefits of the bill.

04:41 PM -- Mr. Kevin Behrends, representing the Independent Electrical Contractors of Colorado, spoke in support of the bill.

04:43 PM -- Mr. Mark Hamouz, representing the American Council of Engineering Companies of Colorado, provided a written statement to the committee (Attachment M), and spoke in support of the bill. He stressed that the bill includes all members of the industry, making it a very comprehensive measure.

04:48 PM -- Mr. Gilbert Egle, representing the American Subcontractors Association, spoke in support of the bill. He explained the benefits of the bill with regards to drafting contracts.

04:52 PM

The chairman closed public testimony. No amendments were offered by the committee or the bill sponsor. The sponsor made closing comments on the testimony and the bill.


BILL:	HB06-1148
TIME:	04:56:05 PM
MOVED:	Hefley
MOTION:	Refer HB 06-1148 to the Committee of the Whole. The motion carried on a vote of 9-2.
SECONDED:	Jahn
		VOTE
	Boyd	Yes
	Clapp	Yes
	Decker	Yes
	Gardner	No
	Hefley	Yes
	Jahn	Yes
	Judd	Yes
	McGihon	Yes
	Witwer	No
	Carroll M.	Yes
	Carroll T.	Yes
Final YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:57 PM -- House Bill 06-1088

The committee recessed.

05:08 PM

The committee reconvened. Representative Marshall, prime sponsor, gave an overview of HB 06-1088, which removes the 10-year statute of limitations for proceedings involving a sex offense against a child. The bill's provisions apply to all offenses committed on or after July 1, 1996 or before that period, if the applicable statute of limitations has not run out. The sponsor distributed Amendment L.001 (Attachment N), and walked the committee through each section of the bill. She also responded to questions from the committee.

05:19 PM

Mr. Stephen Miller, Office of Legislative Legal Services, answered questions regarding making the statute of limitations apply retroactively to certain offenses. Discussion ensued.

The following people testified on the bill:

05:34 PM -- Ms. Marilyn Van DerBur Atler, representing herself, spoke in favor of the bill as a survivor of incest. She explained that the perpetrator in her case abused other adults later in life, and that this bill would have allowed her to come forward as an adult and prevent similar abuse from occurring to others.

05:40 PM -- Mr. Gregory Staritzky, representing himself, spoke in opposition to the bill. He explained why he thinks it is beneficial to keep the 10-year statute of limitations for these crimes, and expressed concern that removing it will open the door for unscrupulous allegations.

05:45 PM -- Mr. David Kaplan, State Public Defender, and Ms. Laurie Rose Kepros, representing public defenders and the Colorado Criminal Defense Bar, spoke in opposition to the bill. Mr. Kaplan explained why the statute of limitations was put in place for certain categories of crimes, and described some problematic effects of adopting this bill. He and Ms. Kepros responded to questions from the committee. Discussion ensued.

06:07 PM -- Mr. Miller returned to the table to answer questions.

06:13 PM -- Ms. Joelle Casteix, representing SNAP (Survivors Network of those Abused by Priests), spoke in favor of the bill. She described her experience as a victim of sexual assault and said her perpetrator remains free today because she did not recognize the reality of the abuse she experienced until she was almost 30 years old and it was too late to bring any charges. She then responded to questions from the committee.

06:23 PM -- Ms. Marnie Williams, representing herself, spoke in favor of the bill as a survivor of sexual abuse. She described how the abuse impacted her as an adult, and responded to questions from the committee.

06:28 PM -- Mr. Patrick Chappell, representing himself and an organization he started for victims of sexual abuse called Patrick's Shield, spoke in opposition to the bill as a victim of sexual abuse. He responded to questions from the committee.

06:41 PM -- Mr. Harl Hargett, representing Lost and Found, Inc., spoke in opposition to the bill.

06:47 PM -- Ms. Tamika Payne, representing the Colorado Coalition Against Sexual Assault, spoke in favor of the bill and expressed support for removing obstacles so victims can hold perpetrators accountable. She added that she did not want the bill targeted at any specific group.

06:53 PM -- Ms. Barbara Blaine, representing SNAP, spoke in favor of the bill as a victim of sexual assault. She reiterated that children are not able to recognize, at the time, that sexual abuse is a crime. She responded to questions from the committee.

Committee members were provided with the written testimony of Mr. Troy Gray, a victim of sexual abuse (Attachment O), who was unable to attend the hearing.

07:01 PM -- Mr. Matt Cortez, representing himself, spoke in favor of the bill as a victim of sexual assault. He described the types of activities that constituted the assault and explained how he did not recognize the actions of the priest as assault until he was in his forties.

07:08 PM -- Mr. Jeb Barrett, representing himself as a survivor of sexual abuse and the leader of Denver SNAP, spoke in favor of the bill because it provides a window of opportunity for victims who fall through the cracks or who are unable to report the abuse.

07:14 PM -- Ms. Claudia Yvonne Vercellotti, representing herself as a victim of sexual abuse and the leader of Ohio SNAP, spoke in favor of the bill. She indicated that the bill will help address abuse that gets covered up.

07:22 PM -- Mr. John Jaruzel, representing himself, spoke in favor of the bill as a victim of sexual abuse.

07:26 PM -- Mr. Chris Rose, representing the Colorado Catholic Conference, spoke about the bill and distributed various information related to the bill and issues under discussion (Attachment P).

07:36 PM -- Professor Charol Shakeshaft, representing the Archdiocese of Denver, testified on the bill, taking a neutral position. She described types of interaction she has had with victims of sexual abuse, and indicated that the bill as written will not protect enough children. She responded to questions from the committee.

07:44 PM -- Mr. Martin Nusbaum, representing the Archdiocese of Denver, took a neutral position on the bill. He stated that the bill is under-inclusive in terms of its impact, and answered questions from the committee.

07:55 PM

The chairman closed public testimony, and the committee began considering amendments.


BILL:	HB06-1088
TIME:	07:55:56 PM
MOVED:	McGihon
MOTION:	Move Amendment L.001 (Attachment N). The motion passed without objection.
SECONDED:	Boyd
		VOTE
	Boyd
	Clapp
	Decker
	Gardner
	Hefley
	Jahn
	Judd
	McGihon
	Witwer
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

07:56 PM

The sponsor made closing comments on the bill and testimony.


BILL:	HB06-1088
TIME:	08:03:06 PM
MOVED:	Jahn
MOTION:	Refer HB 06-1088, as amended, to the Committee of the Whole. The motion carried unanimously.
SECONDED:	Clapp
		VOTE
	Boyd	Yes
	Clapp	Yes
	Decker	Yes
	Gardner	Yes
	Hefley	Yes
	Jahn	Yes
	Judd	Yes
	McGihon	Yes
	Witwer	Yes
	Carroll M.	Yes
	Carroll T.	Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

08:03 PM -- House Bill 06-1089

Representative Harvey, prime sponsor, presented HB 06-1089. The bill makes it a class 1 misdemeanor for sexually violent predators, repeat sex offenders, and sex offenders whose victims were children to live within 1,500 feet of a school, day care center, or playground. The bill allows local governments to impose stricter standards.
Committee members were provided with information from Together for Our Children (TFOC) (Attachment Q), the written testimony from Mr. Michael Dell, a registered sex offender (Attachment R), and Amendments L.001 (Attachment S), L.002 (Attachment T), L.003 (Attachment U), and L.005 (Attachment V). The sponsor answered questions from the committee. Discussion ensued.

The following people testified on the bill:

08:38 PM -- Ms. Helga Crawford, representing Together for Our Children (TFOC), spoke in opposition to the bill.

08:41 PM -- Ms. Roberta Ponis, representing Colorado CURE (Coalition for the Urgent Reform of Errants), spoke in opposition to the bill and read testimony to that effect.

08:46 PM -- Mr. Michael Dell, representing himself, spoke in opposition to the bill as a registered sex offender. He made suggestions for other types of restrictions that could reduce recidivism among sex offenders.

08:49 PM -- Mr. John Kottenstette, representing Senior Support Services, spoke in opposition to the bill. The sponsor clarified that the bill does not apply retroactively.

08:53 PM -- Ms. Buffy Fletcher, representing Colorado CURE, spoke in favor of the amendments but expressed concerns about the bill's residency restrictions because it will drive sex offenders underground and they will avoid registering.

08:56 PM -- Mr. Greig Veeder, representing Teaching Humane Existence (treatment of and education about sex offenders), spoke in opposition to the bill because it creates false security, could reduce individual vigilance and increase harms, and does not solve the problem. He suggested there are other ways to deal with sex offenders.

09:01 PM -- Mr. Gus Guarino, representing the Colorado Criminal Defense Bar, spoke in opposition to the bill because it will push offenders out of urban areas to rural areas. He also mentioned the impact the bill could have on community corrections facilities, many of which treat sex offenders and are located within close proximity to schools and day care centers.

09:07 PM -- Ms. Iris Eytan, representing the Colorado Criminal Defense Bar, responded to a number of questions that had been raised and stated that the bill does not accomplish what it seeks to address.

09:12 PM -- Ms. Cathryn Hazouri, representing the ACLU of Colorado, spoke in opposition to the bill because it does not allow for due process.

09:17 PM -- Mr. Jeff Jaslow, representing himself and his children, spoke in support of the bill because it is a tool for parents to help protect their children. He indicated that under current law he cannot post pictures of a sex offender at his child's school in order to warn others about the offender, because that action is considered harassment.

09:22 PM -- Ms. Tamika Payne, representing the Colorado Coalition Against Sexual Assault, spoke in favor of the concept behind the bill, but stated that her organization does not support the bill because it does not afford true protection from sex offenders. She answered questions from the committee.

09:27 PM -- Ms. Sue Quirk, representing herself, spoke in favor of the bill.

09:32 PM -- Ms. Kory Nelsen, representing himself, spoke in favor of the bill and cited problems with various points raised by the opposition. He answered questions from the committee.

09:42 PM -- Mr. Larry Neal, representing the Colorado Child Care Association, spoke in favor of the bill.

09:47 PM -- Ms. Paula Rhoads Hook, representing herself, spoke in favor of the bill as a survivor of incest.

09:51 PM

The chairman closed public testimony, and the committee began considering amendments.


BILL:	HB06-1089
TIME:	09:52:23 PM
MOVED:	Clapp
MOTION:	Move Amendment L.001 (Attachment S). The motion passed without objection.
SECONDED:	Boyd
		VOTE
	Boyd
	Clapp
	Decker
	Gardner
	Hefley
	Jahn
	Judd
	McGihon
	Witwer
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1089
TIME:	09:53:01 PM
MOVED:	Clapp
MOTION:	Move Amendment L.002 (Attachment T). The motion passed without objection.
SECONDED:	Jahn
		VOTE
	Boyd
	Clapp
	Decker
	Gardner
	Hefley
	Jahn
	Judd
	McGihon
	Witwer
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1089
TIME:	09:53:23 PM
MOVED:	Clapp
MOTION:	Move Amendment L.003 (Attachment U). The motion passed without objection.
SECONDED:	Hefley
		VOTE
	Boyd
	Clapp
	Decker
	Gardner
	Hefley
	Jahn
	Judd
	McGihon
	Witwer
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1089
TIME:	09:53:47 PM
MOVED:	Clapp
MOTION:	Move Amendment L.005 (Attachment V). The motion passed without objection.
SECONDED:	Carroll M.
		VOTE
	Boyd
	Clapp
	Decker
	Gardner
	Hefley
	Jahn
	Judd
	McGihon
	Witwer
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

The sponsor clarified that the bill does not have retroactive applicability. Discussion ensued.

10:02 PM

Committee members commented on the bill.


BILL:	HB06-1089
TIME:	10:09:51 PM
MOVED:	Clapp
MOTION:	Refer HB 06-1089, as amended, to the Committee on Appropriations. Before the motion was seconded, a substitute motion was made (see below).
SECONDED:
		VOTE
	Boyd
	Clapp
	Decker
	Gardner
	Hefley
	Jahn
	Judd
	McGihon
	Witwer
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE


BILL:	HB06-1089
TIME:	10:09:59 PM
MOVED:
MOTION:
SECONDED:
		VOTE
	Boyd
	Clapp
	Decker
	Gardner
	Hefley
	Jahn
	Judd
	McGihon
	Witwer
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE


BILL:	HB06-1089
TIME:	10:10:00 PM
MOVED:	McGihon
MOTION:	Substitute motion to postpone indefinitely HB 06-1089. The motion carried on a vote of 7-4.
SECONDED:	Carroll M.
		VOTE
	Boyd	Yes
	Clapp	No
	Decker	Yes
	Gardner	No
	Hefley	No
	Jahn	Yes
	Judd	Yes
	McGihon	Yes
	Witwer	No
	Carroll M.	Yes
	Carroll T.	Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

10:11 PM -- House Bill 06-1090

Representative Green, prime sponsor, presented HB 06-1090. The bill makes a number of provisions regarding sex offenders. The bill requires sex offenders to receive risk assessment screening results in a pre-sentence report, requires community notification of sexually violent predators, and removes the statute of limitations for sex offenses against children. The bill makes requirements for the posting of sex offender registration information by local law enforcement agencies. Finally, the bill requires the Department of Corrections and the Judicial Branch to submit an annual report on sexually violent predators to the Joint Judiciary Committees and the Governor. Committee members were provided with Amendment L.001 (Attachment W), L.005 (Attachment X), and L.006 (Attachment Y). The sponsor asked people who testified earlier on the statute of limitations issue on HB 06-1088 (Representative Marshall, prime sponsor) not to repeat their testimony on this bill, and stated that HB 06-1090 is identical to HB 06-1088, except that HB 06-1090 only applies to adults, not juvenile offenders.

The following testified on the bill:

10:21 PM -- Mr. David Kaplan, State Public Defender, spoke in opposition to the bill.

10:25 PM -- Mr. Harl Hargett, representing Lost and Found Inc., spoke in opposition to the bill and described his concerns with the bill.

10:31 PM -- Ms. Tamika Payne, representing the Colorado Coalition Against Sexual Assault, spoke in support of the importance of public education regarding sex offenders.

10:31 PM -- Ms. Barbara Blaine, representing SNAP (Survivors Network of those Abused by Priests), spoke in support of the bill.

10:35 PM -- Mr. Greig Veeder, representing Teaching Humane Existence, spoke in support of the bill.

Several others signed up to testify but left before the bill was heard.

10:36 PM

The chairman closed public testimony and laid the bill over for action at a later date.
10:36 PM -- House Bill 06-1026

Representative Berens, prime sponsor, spoke about HB 06-1026, which requires a court to impose the maximum possible sentence for a particular felony, or a maximum of the offender's natural life, on anyone convicted of a sex offense against a victim who is 12 years older or younger. He distributed information about felony sex offense convictions (Attachment Z).

The following people testified to the bill:

10:43 PM -- Mr. David Kaplan, State Public Defender, and Ms. Laurie Rose Kepros, representing public defenders and the Colorado Criminal Defense Bar, spoke against the bill and questioned statistics provided to the committee in Attachment Z. They both answered questions from the committee.

10:51 PM -- Mr. Todd Herreid, Legislative Council Staff, answered questions from the committee. He explained that the statistics in Attachment Z came from the Judicial Branch and only applied to certain sex offenses.

10:53 PM -- Ms. Peg Ackerman, representing County Sheriffs of Colorado, spoke in favor of the bill.

10:54 PM -- Ms. Paula Rhoads Hook, representing herself, spoke in favor of the bill as an incest survivor. The sponsor commented following her testimony.

10:57 PM -- Ms. Tamika Payne, representing the Colorado Coalition Against Sexual Assault, took a neutral position on the bill and noted statistics about sexual assault.

Several other people signed up to testify on the bill, but left before the bill was heard.

11:00 PM

The chairman closed public testimony, and the committee began considering amendments. Committee members were provided with Amendment L.001 (Attachment AA).


BILL:	HB06-1026
TIME:	11:01:09 PM
MOVED:	Gardner
MOTION:	Move Amendment L.001 (Attachment AA). The motion passed without objection.
SECONDED:	Witwer
		VOTE
	Boyd
	Clapp
	Decker
	Gardner
	Hefley
	Jahn
	Judd
	McGihon
	Witwer
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

Mr. Michael Dohr, Office of Legislative Legal Services, indicated that the amendment is technical in nature.

11:06 PM

The sponsor made closing comments on the bill. Committee members also commented.


BILL:	HB06-1026
TIME:	11:12:27 PM
MOVED:	Clapp
MOTION:	Refer HB 06-1026, as amended, to the Committee on Finance. After the motion was made and seconded, a substitute motion to postpone the bill indefinitely was made (see below).
SECONDED:	Witwer
		VOTE
	Boyd
	Clapp
	Decker
	Gardner
	Hefley
	Jahn
	Judd
	McGihon
	Witwer
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE


BILL:	HB06-1026
TIME:	11:12:52 PM
MOVED:	McGihon
MOTION:	Postpone indefinitely HB 06-1026. The motion carried on a vote of 6-5.
SECONDED:	Boyd
		VOTE
	Boyd	Yes
	Clapp	No
	Decker	No
	Gardner	No
	Hefley	No
	Jahn	Yes
	Judd	Yes
	McGihon	Yes
	Witwer	No
	Carroll M.	Yes
	Carroll T.	Yes
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

11:13 PM -- House Bill 06-1153

Representative Berens, prime sponsor, presented HB 06-1153. The bill creates a new crime of concealing a sexually violent predator (failure to comply with registration requirements or cooperate with law enforcement in verifying address information), and requires the Colorado Bureau of Investigation to assist local law enforcement agencies in finding sex offenders who have not registered. The bill requires sex offenders who live in mobile homes, trailers, or cars to include information about such vehicles when they register as a sex offender. In addition, the bill adds a death penalty aggravating factor of previously being found to be a sexually violent predator prior to committing a capital offense. Committee members were provided with Amendment L.002 (Attachment BB). The sponsor responded to questions from the committee.

The following people testified on the bill:

11:18 PM -- Ms. Maureen Cain, representing the Colorado Criminal Defense Bar, spoke in opposition to the bill. She explained her concerns with the new crime proposed, and said the issues addressed in the bill can already be prosecuted under current law. She responded to questions from the committee.

11:26 PM -- Ms. Tamika Payne, representing the Colorado Coalition Against Sexual Assault, spoke in support of the concept behind the bill but noted opposition to creating a new death penalty aggravator.

11:27 PM -- Ms. Peg Ackerman, representing the County Sheriffs of Colorado, spoke in support of the bill.

The committee was provided with the written testimony of a young girl who was unable to stay at the hearing (Attachment CC) and other information about victims of sexual assault (Attachment DD).

11:28 PM

The chairman closed public testimony, and the committee began considering amendments. Committee members were provided with Amendment L.001 (Attachment EE).


BILL:	HB06-1153
TIME:	11:28:37 PM
MOVED:	Boyd
MOTION:	Move Amendment L.002 (Attachment BB). After some discussion, the motion was withdrawn.
SECONDED:	McGihon
		VOTE
	Boyd
	Clapp
	Decker
	Gardner
	Hefley
	Jahn
	Judd
	McGihon
	Witwer
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE


BILL:	HB06-1153
TIME:	11:30:39 PM
MOVED:	McGihon
MOTION:	Conceptual amendment to strike Section 1 of the bill. The motion carried on a vote of 8-3.
SECONDED:	Judd
		VOTE
	Boyd	Yes
	Clapp	No
	Decker	Yes
	Gardner	No
	Hefley	Yes
	Jahn	Yes
	Judd	Yes
	McGihon	Yes
	Witwer	No
	Carroll M.	Yes
	Carroll T.	Yes
Not Final YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB06-1153
TIME:	11:33:11 PM
MOVED:	Gardner
MOTION:	Move Amendment L.001 (Attachment EE). The motion passed without objection.
SECONDED:	Witwer
		VOTE
	Boyd
	Clapp
	Decker
	Gardner
	Hefley
	Jahn
	Judd
	McGihon
	Witwer
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1153
TIME:	11:37:21 PM
MOVED:	Judd
MOTION:	Move Amendment L.002 (Attachment BB). The motion carried on a vote of 9-2.
SECONDED:	Clapp
		VOTE
	Boyd	Yes
	Clapp	Yes
	Decker	Yes
	Gardner	No
	Hefley	Yes
	Jahn	Yes
	Judd	Yes
	McGihon	Yes
	Witwer	No
	Carroll M.	Yes
	Carroll T.	Yes
Not Final YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB06-1153
TIME:	11:38:22 PM
MOVED:	Judd
MOTION:	Conceptual amendment to tighten the scope of the title by adding "registration" after "offender" on page 1, line 101, of the bill. The motion passed without objection.
SECONDED:	Decker
		VOTE
	Boyd
	Clapp
	Decker
	Gardner
	Hefley
	Jahn
	Judd
	McGihon
	Witwer
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

Mr. Michael Dohr, Office of Legislative Legal Services, came to the table to comment on options.


BILL:	HB06-1153
TIME:	11:43:51 PM
MOVED:	Carroll T.
MOTION:	Conceptual amendment to strike Sections 5 and 6 of the bill. The motion passed without objection.
SECONDED:	Decker
		VOTE
	Boyd
	Clapp
	Decker
	Gardner
	Hefley
	Jahn
	Judd
	McGihon
	Witwer
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1153
TIME:	11:45:15 PM
MOVED:	Clapp
MOTION:	Refer HB 06-1153, as amended, to the Committee of the Whole. The motion passed on a vote of 10-1.
SECONDED:	Witwer
		VOTE
	Boyd	No
	Clapp	Yes
	Decker	Yes
	Gardner	Yes
	Hefley	Yes
	Jahn	Yes
	Judd	Yes
	McGihon	Yes
	Witwer	Yes
	Carroll M.	Yes
	Carroll T.	Yes
Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

11:46 AM

The meeting adjourned.