Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON JUDICIARY

Date:04/17/2006
ATTENDANCE
Time:02:09 PM to 03:19 PM
Bacon
X
Dyer
E
Place:SCR 352
Gordon
X
Mitchell
X
This Meeting was called to order by
Traylor
*
Senator Shaffer
Shaffer
X
Grossman
X
This Report was prepared by
Jessika Shipley
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB06-1379
HB06-1330
HB06-1347		Referred to the Committee of the Whole
Referred to Appropriations
Amended, Referred to Appropriations


02:09 PM -- House Bill 06-1379

Senator Spence, sponsor, presented House Bill 06-1379 concerning a requirement for training to implement witness protection programs. The bill requires district attorneys and law enforcement agencies to provide annual training, education, and risk-assessment programs for district attorneys and victims' advocates employed by or working with law enforcement agencies. Individual law enforcement agencies and victims' advocate groups are also encouraged to develop similar programs. Senator Spence discussed the deaths of Javad Marshall Fields and Vivian Wolfe, who were scheduled to testify in a criminal case.

02:13 PM -- Rhonda Fields, private citizen, spoke in favor of the bill. Ms. Fields discussed the circumstances of her son's murder. She talked about the lack of measures taken by law enforcement to protect witnesses in criminal cases. She stated that the current Colorado witness protection program needs to be improved in the area of training and established procedures. She offered suggestions for ways to improve witness protection in Colorado.

02:20 PM -- Christine Wolfe, private citizen, spoke in favor of the bill. Ms. Wolfe talked about the details of her daughter's murder. She stated her belief that the murder of her daughter was a message to society that testifying against gang members will cost you your life. She believes this bill is a message to gang members that justice can and will be served.

02:24 PM -- Dave Thomas, Colorado District Attorney's Council, spoke in favor of the bill. Mr. Thomas provided some background of the genesis of the bill. He considers this bill to be a natural evolution of the Colorado witness protection program. He talked about the training component of the bill. He also represents the Colorado Witness Protection Board, which supports this legislation. Mr. Thomas responded to committee questions about using federal expertise in training state and local law enforcement officials.





02:30 PM -- Peg Ackerman, County Sheriffs of Colorado, spoke in favor of the bill. Ms. Ackerman stated her belief that this bill fills a whole in the current witness protection program in Colorado.


02:32 PM

Senator Spence wrapped up her presentation of the bill.
BILL:HB06-1379
TIME: 02:33:40 PM
MOVED:Grossman
MOTION:Refer House Bill 06-1379 to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 6-0.
SECONDED:
VOTE
Bacon
Yes
Dyer
Excused
Gordon
Yes
Mitchell
Yes
Traylor
Yes
Shaffer
Yes
Grossman
Yes
Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


02:35 PM -- House Bill 06-1330

Senator Fitz-Gerald, sponsor, presented House Bill 06-1330 concerning information filed with the Division of Insurance by specified types of insurers. The bill requires most property and casualty insurers offering policies in the state to submit certain information related to their Colorado line of business going back to 2002. In addition, insurers must specify the states from which experiences were drawn in setting Colorado premium rates.

02:38 PM -- Julie Kreps, Colorado Department of Regulatory Agencies, spoke in favor of the bill. Ms. Kreps thanked the parties to the bill for all of their hard work.

02:39 PM -- Jerry McDermott, Colorado Trial Lawyer's Association, spoke in favor of the bill. Mr. McDermott stated his belief that this is a modest, but important step toward improving the liability arena. He answered committee questions about the long-term effects of the bill.


02:45 PM

Senator Fitz-Gerald wrapped up her presentation of the bill.









BILL:HB06-1330
TIME: 02:46:11 PM
MOVED:Mitchell
MOTION:Refer to House Bill 06-1330 to the Committee on Appropriations with a favorable recommendation. The motion passed on a vote of 6-0.
SECONDED:
VOTE
Bacon
Yes
Dyer
Excused
Gordon
Yes
Mitchell
Yes
Traylor
Yes
Shaffer
Yes
Grossman
Yes
Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


02:48 PM -- House Bill 06-1347

Senator Traylor, sponsor, presented House Bill 06-1347 concerning the creation of the Identity Theft and Financial Fraud Deterrence Act. The bill creates the Identity Theft and Financial Fraud Board in the Department of Public Safety (DPS). It creates the Colorado Fraud Investigators Unit (the unit) for the investigation and prosecution of identity theft and financial fraud in the Colorado Bureau of Investigation (CBI) and creates the Colorado Identity Theft and Financial Fraud Cash Fund to be funded by surcharges on certain licenses and uniform commercial code (UCC) filings.

The unit will assist local law enforcement agencies in the investigation and prosecution of identity theft and financial fraud. To accomplish this, the unit will provide educational materials, training, and consultation services to local police and sheriff departments, district attorneys, and the Attorney General. The unit will also collect data and analyze trends and patterns in identity theft and financial fraud. The board will oversee the operations of the unit.

02:50 PM -- Don Childers, Colorado Banker's Association, spoke in favor of the bill. Mr. Childers views identity theft as a pervasive problem for consumers and retailers. It is something that affects large numbers of individuals and is damaging to the banking industry. Fraud is the number one priority for the Colorado Bankers Association. Mr. Childers envisions this task force as a working unit that produces results about identity theft and how best to investigate and prosecute it. He responded to questions from the committee regarding fees that will fund the task force. Mr. Childers listed several groups that support the creation of a task force. He wrapped up by pointing out that this is a self-funding program.

03:02 PM -- Cameron Graham, AARP, spoke in favor of the bill. Mr. Graham discussed the vulnerable elderly population that is affected by the crime of identity theft. He provided details of his personal experience with identity theft and financial fraud.

03:07 PM -- Bob Brown, Complex Crimes Unit of CBI, spoke in support of the bill. Mr. Brown spoke about the pervasiveness of identity theft crimes in regards to gaming in Colorado. He provided details of several identity theft rings that worked in western Colorado and the losses incurred because of those rings.







03:12 PM

Senator Traylor wrapped up her presentation of the bill.
BILL:HB06-1347
TIME: 03:12:34 PM
MOVED:Gordon
MOTION:Moved to amend page five, line 3, strike "REMOVAL," and substitute "REMOVAL FOR MISCONDUCT, INCOMPETENCE, OR NEGLECT OF DUTY,". The motion passed on a vote of 5-1.
SECONDED:
VOTE
Bacon
Yes
Dyer
Excused
Gordon
Yes
Mitchell
No
Traylor
Yes
Shaffer
Yes
Grossman
Yes
Not Final YES: 5 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS
BILL:HB06-1347
TIME: 03:16:34 PM
MOVED:Traylor
MOTION:Moved to amend page 6, line 20, strike 'TASK FORCE" and substitute "UNIT". The motion passed without objection.
SECONDED:
VOTE
Bacon
Dyer
Excused
Gordon
Mitchell
Traylor
Shaffer
Grossman
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB06-1347
TIME: 03:17:33 PM
MOVED:Traylor
MOTION:Refer House Bill 06-1347 to the Committee on Appropriations, as amended, with a favorable recommendation. The motion passed on a vote of 6-0.
SECONDED:
VOTE
Bacon
Yes
Dyer
Excused
Gordon
Yes
Mitchell
Yes
Traylor
Yes
Shaffer
Yes
Grossman
Yes
Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


03:19 PM

The chairman announced the Senate Bill 06-222 would be laid over until Wednesday, April 19, 2006 and adjourned the committee.