Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:03/09/2006
ATTENDANCE
Time:01:43 PM to 04:34 PM
Boyd
X
Clapp
X
Place:HCR 0112
Decker
X
Gardner
*
This Meeting was called to order by
Hefley
X
Representative Carroll T.
Jahn
X
Judd
X
This Report was prepared by
McGihon
*
Jessika Shipley
Witwer
X
Carroll M.
X
Carroll T.
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB06-1292
HB06-1258
HB06-1359
SB06-108		Postponed Indefinitely
Amended, Referred to Appropriations
Amended, Referred to Appropriations
Referred to the Committee of the Whole


01:43 PM -- House Bill 06-1292

Representative Stengel, prime sponsor, presented House Bill 06-1292 concerning identity testing of offenders. He pointed out that prepared amendment L.001 (Attachment A) strikes out the portions of the bill that deal with DNA testing and leaves the portions that deal with brain fingerprinting. Representative Stengel passed out a memorandum from Legislative Council staff that addresses the fiscal impact of the bill with L.001 (Attachment B).

01:47 PM -- Lawrence Farwell, Brain Fingerprinting Laboratory, spoke in favor of the bill. Dr. Farwell, the inventor, played a brief segment from Good Morning America to help explain the technology of brain fingerprinting. The television segment stated that brain waves can be measured for recognition of details of a crime. Dr. Farwell talked about the process of a brain fingerprint test. He distributed an article from Time Magazine (Attachment C) and an article from Law Enforcement Technology (Attachment D) that discuss brain fingerprinting . He discussed the cost benefits releasing individuals from prison who are innocent of the crimes for which they are charged. Dr. Farwell responded to questions from the committee regarding peer review of the science of brain fingerprinting. The committee also asked questions about false positives, false negatives, and the accuracy of the information gleaned from these tests. Dr. Farwell stressed that brain fingerprinting does not tell if someone is innocent or guilty. It only shows if a person recognizes specific details of the crime. Individuals are only tested on details of the crime that were not made public. The committee asked further questions regarding the development of the experimental process.






02:12 PM -- The committee continued their discussion of brain fingerprinting and how accurate it is after a period of time. There were further questions about peer review and independent research.

02:17 PM -- Aileen McGinley, ARC of Denver, spoke in opposition to the bill. Ms. McGinley stated her concerns about the bill, including the fact that individuals with cognitive disabilities might have brain activity that does not behave in the same way as others. She is also concerned about the civil rights implications of brain fingerprinting.

02:21 PM -- George Good de Curnao, private citizen, spoke in opposition to the bill. Mr. Good de Curnao suffered a brain injury nine years ago and has concerns about how this technology would work on an individual like himself, whose neural processes do not work like those of other people. He has conducted extensive research on the processes of the brain and is worried that those with cognitive disabilities might have unusual brain wave responses to stimuli. He also believes that this technology is too new to be introduced into the legal system.

02:30 PM -- Thomas Frey, Da Vinci Institute, spoke in favor of the bill. Mr. Frey responded to questions from the committee regarding whether existing law prohibits courts from using the technology.

02:32 PM -- Jeff Peckman, Colorado Brain Fingerprinting Task Force, spoke in favor of the bill. Mr. Peckman stated that brain fingerprinting is a voluntary test. He stressed that brain fingerprinting would not be appropriate for an individual with a brain injury or other cognitive disabilities. He also responded to questions from the committee regarding on the feasibility of cheating on a brain fingerprinting test.

02:38 PM -- Kevin Johanson, Da Vinci Institute, spoke in favor of the bill. Mr. Johanson stated his support of any technology that helps to understand the workings of the brain. He has worked as a correctional officer and stated his belief that this technology can improve the legal system.
BILL:HB06-1292
TIME: 02:41:56 PM
MOVED:Judd
MOTION:Moved prepared amendment L.001 (Attachment A). 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:HB06-1292
TIME: 02:44:13 PM
MOVED:Hefley
MOTION:Refer House Bill 06-1292 to the Committee of the Whole with a favorable recommendation. The motion failed on a vote of 4-7.
SECONDED:Gardner
VOTE
Boyd
Yes
Clapp
No
Decker
No
Gardner
Yes
Hefley
Yes
Jahn
Yes
Judd
No
McGihon
No
Witwer
No
Carroll M.
No
Carroll T.
No
Not Final YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL

BILL:HB06-1292
TIME: 02:49:47 PM
MOVED:Judd
MOTION:Moved to postpone House Bill 06-1292 indefinitely. The motion passed on a vote of 8-3.
SECONDED:Carroll T.
VOTE
Boyd
Yes
Clapp
Yes
Decker
Yes
Gardner
No
Hefley
No
Jahn
No
Judd
Yes
McGihon
Yes
Witwer
Yes
Carroll M.
Yes
Carroll T.
Yes
Final YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS










02:51 PM -- House Bill 06-1258

Representative McGihon, prime sponsor, presented House Bill 06-1258 for action only.
BILL:HB06-1258
TIME: 02:54:41 PM
MOVED:McGihon
MOTION:Moved prepared amendment L.004 (Attachment E). The motion passed on a vote of 6-5.
SECONDED:Carroll M.
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
Not Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS
BILL:HB06-1258
TIME: 03:03:39 PM
MOVED:McGihon
MOTION:Refer House Bill 06-1258, as amended, to the Committee on Appropriations with a favorable recommendation. The motion passed 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






03:07 PM -- House Bill 06-1359

Representative McFayden, prime sponsor, presented House Bill 06-1359 concerning the creation of a false claims act. The bill creates the Colorado False Claims Act. Anyone who knowingly submits a false claim to the state or a political subdivision is liable for 3 times the amount of damages and the costs of civil action. The bill requires the Attorney General and the prosecuting authorities of political subdivisions must investigate violations involving governmental funds, and they may bring civil actions against violators of the act. Representative McFayden explained the bill and each of the amendments (Attachments F-I). She discussed the precautions in the bill to protect both a whistleblower and an entity that is under investigations. She also pointed out the checks and balances against frivolous claims that are built into the bill.

03:21 PM -- Dennis Jakubowski, Associated General Contractors of Colorado, spoke against the bill. Mr. Jakubowski believes the bill would have a detrimental effect on the contracting industry. Representative Gardner distributed prepared amendment L.006 (Attachment J), which he believes would address Mr. Jakubowski's concerns about the bill.

03:27 PM -- Jeff Ruebel, Colorado Defense Lawyers Association and Colorado Civil Justice League, spoke against the bill. Mr. Ruebel stated that the proposed amendments make the bill more palatable. He is concerned about the issue of the government using the power of False Claims Act to elevate simple contract disputes, which would be overreaching. He also has concerns about state employees who have knowledge of fraud do not use the possibility of civil gains as a reason to report such fraud.

03:34 PM -- Patrick O'Connell, Texas Attorney General's Office, spoke in favor. Mr. O'Connell spoke about a similar statute in Texas and the Federal False Claims Act. He talked about whistleblowers and the process of bringing complaints under the act. He addressed the issues of frivolous claims and disgruntled employees. He gave specific examples of fraud cases that were prosecuted in Texas under the False Claims Act. Mr. O'Connell answered committee questions regarding the liability of the state under this legislation and the reluctance of companies to contract with the state for fear of fraud claims.

03:49 PM -- Mary Holmes, private citizen, spoke in favor of the bill. Ms. Holmes was a whistleblower in a successful case for the United States Postal Services.

03:50 PM -- Ross Wright, private citizen, spoke in favor of the bill. Ms. Wright works in the child protection/child welfare environment and has experience as a whistleblower in a case involving Medicaid fraud. He told a lengthy story about the details of the case in which he was involved.

04:00 PM -- Keith Cross, attorney, spoke in support of the bill. Mr. Cross represents whistleblowers and helped Representative McFayden in drafting the bill. He stated that the bill is modeled on the federal act, with some provisions of the Texas law being included. The committee had a lengthy discussion of the standard of deliberate ignorance. Mr. Cross stated that if the Colorado law conforms to the Federal False Claims Act, the state stands to benefit from several Deficit Reduction Act provisions that will bring funds back to the state. He explained the process for bringing a claim under the act.

04:09 PM -- Julie Reiskin, Colorado Cross-Disability Coalition, provided written testimony in support of the bill to the committee (Attachment K).

04:10 PM -- Judy Thomeczek, private citizen, spoke in favor of the bill. Ms. Thomeczek was a teacher and related difficulties of her experience as a whistleblower to the committee.

04:12 PM -- Jason Dunn, Colorado Attorney General's Office, took no position on the bill. Mr. Dunn raised some concerns about page 11, section 2 (d) of the bill, which he believes will lead to hearing in every case.


BILL:HB06-1359
TIME: 04:14:00 PM
MOVED:Carroll T.
MOTION:Moved prepared amendment L.001 (Attachment F). The motion passed on a vote of 7-4.
SECONDED:Judd
VOTE
Boyd
Yes
Clapp
Yes
Decker
No
Gardner
Yes
Hefley
Yes
Jahn
Yes
Judd
No
McGihon
No
Witwer
Yes
Carroll M.
No
Carroll T.
Yes
Not Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

BILL:HB06-1359
TIME: 04:15:05 PM
MOVED:Carroll T.
MOTION:Moved prepared amendment L.002 (Attachment G). The motion passed without objection.
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: Pass Without Objection


BILL:HB06-1359
TIME: 04:15:36 PM
MOVED:Carroll T.
MOTION:Moved prepared amendment L.003 (Attachment H). The motion passed on a vote of 8-3.
SECONDED:Judd
VOTE
Boyd
Yes
Clapp
Yes
Decker
No
Gardner
Yes
Hefley
Yes
Jahn
Yes
Judd
Yes
McGihon
No
Witwer
Yes
Carroll M.
No
Carroll T.
Yes
Not Final YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

BILL:HB06-1359
TIME: 04:16:49 PM
MOVED:Carroll T.
MOTION:Moved prepared amendment L.004 (Attachment I). 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:HB06-1359
TIME: 04:17:11 PM
MOVED:Gardner
MOTION:Moved prepared amendment L.006 (Attachment J). The motion passed on a vote of 6-5.
SECONDED:Witwer
VOTE
Boyd
Yes
Clapp
Yes
Decker
No
Gardner
Yes
Hefley
Yes
Jahn
Yes
Judd
No
McGihon
No
Witwer
Yes
Carroll M.
No
Carroll T.
No
Not Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

BILL:HB06-1359
TIME: 04:20:22 PM
MOVED:Carroll T.
MOTION:Refer House Bill 06-1359 to the Committee on Appropriations. The motion passed on a vote of 9-2.
SECONDED:McGihon
VOTE
Boyd
Yes
Clapp
No
Decker
No
Gardner
Yes
Hefley
Yes
Jahn
Yes
Judd
Yes
McGihon
Yes
Witwer
Yes
Carroll M.
Yes
Carroll T.
Yes
Final YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS











04:22 PM -- Senate Bill 06-108

Representative Hefley, sponsor, presented Senate Bill 06-108 concerning the early discharge of juveniles from parole. The bill allows the juvenile parole board to discharge a juvenile from parole prior to completion of the 6-month mandatory period of parole in conditions of special achievement by the juvenile. Representative Hefley stated that this bill addresses the issue of juvenile parolees who meet very rigorous standards of behavior, especially those who wish to join military service.

04:23 PM -- Jerry Adamek, private citizen, spoke in favor of the bill. Mr. Adamek spoke about his experience in youth corrections and Ridgeview Academy. He advocated for certain juvenile offenders who wish to join the military directly from juvenile offender programs, without waiting 6 months in order to do so.

04:28 PM -- Betty Marler, private citizen, spoke in favor of the bill. Ms. Marler provided written testimony to the committee (Attachment L).

04:28 PM -- Ben Fox, private citizen, spoke in favor of the bill.

04:29 PM -- Brandon Hall, private citizen, spoke in favor of the bill.

04:29 PM -- Mary McGhee, Juvenile Parole Board, spoke in favor of the bill.

04:30 PM -- Roger Allott, private citizen, spoke in favor of the bill.
BILL:SB06-108
TIME: 04:32:37 PM
MOVED:Hefley
MOTION:Refer Senate Bill 06-108 to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 11-0.
SECONDED:Carroll T.
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


04:34 PM

Representative T. Carroll adjourned the committee.