Date: 01/26/2006
Final
BILL SUMMARY for HB06-1011
HOUSE COMMITTEE ON JUDICIARY
| Votes: View--> | Action Taken: |
| <none> | <none> |
02:28 PM -- House Bill 06-1011
The chairman announced that the committee will only hear testimony today on HB 06-1011. The committee recessed.
02:31 PM
The committee reconvened. Representative McCluskey, prime sponsor, gave a brief overview of HB 06-1011. The bill creates new felony crimes for internet luring of a child and for internet sexual exploitation of a child, and requires any person convicted of these offenses to register as a sex offender. The bill also increases the penalty for having more than 20 images of child pornography. Committee members were provided with information from the Jefferson County district attorney's office (Attachment B). The sponsor explained why the bill is necessary, and said that witnesses would elaborate on the details of the bill. The sponsor responded to questions from the committee regarding how specific provisions might apply in various circumstances.
The following people testified on the bill:
02:35 PM -- Mr. Bill Morhman, representing the ACLU of Colorado, stated that his organization supports a child's right to be protected from sexual exploitation, sexual assault, or unlawful sexual conduct. He spoke in opposition to the bill, though, because Section 4 would criminalize conduct that is unrelated to sexual exploitation of children. He described some innocent interactions between individuals that could be subject to prosecution under the proposed legislation. He suggested the bill be amended to specify that the described contact is intended for sexual exploitation.
02:41 PM -- Ms Adrienne Benavidez, representing the ACLU of Colorado and Color of Justice, reiterated Mr. Mohrman's testimony, particularly that the bill would create an overly broad law, and she spoke about court rulings on this issue. She responded to questions from the committee.
02:47 PM -- Ms. Tamika Payne, representing the Colorado Coalition Against Sexual Assault, spoke in support of most parts of the bill, but voiced concern about Sections 4 and 7 of the bill. She suggested that a child may be trying to escape a harmful situation, and her organization believes that it is unacceptable to possess any image of child pornography. Committee members were provided with a related Iowa Supreme Court case (Attachment C).
02:49 PM -- Ms. Maureen Cain, representing the Colorado Criminal Defense Bar, spoke in opposition to the bill, particularly Section 4, because it will criminalize some conduct that should not be prosecuted.
02:50 PM -- Mr. John Suthers, Attorney General of Colorado, spoke in favor of the bill. He underscored the fact that the Internet provides access and anonymity to sexual predators, cited statistics regarding sexual predator crimes, and described some cases he has helped prosecute in this area of law. He said sexual predators are becoming more sophisticated, knowing they could be chatting online with law enforcement, so they try to set up a meeting only and delay any sexual solicitation until an actual meeting occurs. He explained that, under current law, the state is unable to prosecute these predators until an actual meeting occurs. He spoke to earlier testimony regarding possession of a certain number of pornographic materials, and answered questions from the committee.
03:04 PM -- Mr. Brian Steckler, representing the Colorado Springs Police Department, spoke in favor of the bill. He said the predators they have arrested come from all walks of life. He also said that predators are now setting up meetings in order to groom the child for future meetings and sexual solicitation, and indicated that predatory meetings are underreported by children. He used a powerpoint presentation to show how online meetings with predators progress quickly to graphic sexual matters. He responded to questions from the committee.
03:19 PM -- Mr. Mark Messenbaugh, representing the Boys and Girls Clubs of America, spoke in favor of the bill because he believes it will give law enforcement officials the tools they need to arrest and prosecute sexual predators. He praised the Attorney General's efforts to reduce the prevalence of sexual predators on the Internet and legislation passed in 2005 that advocates educating children in school about the dangers of sexual predators.
03:23 PM -- Mr. Mike Harris, representing the Jefferson County District Attorneys' Office, spoke in favor of the bill. He described his experience investigating sophisticated sexual predators, and explained that the inability to arrest predators for attempting to set up a "non-sexual" meeting lengthens the investigative process by a couple of months and, in the meantime, allows the predators to continue making contact with children.
03:31 PM -- Mr. Kirk Hon, representing the Denver Police Department, spoke in favor of the bill and its purpose to provide law enforcement with tools to prosecute sexual predators. He commented that victims can also be kidnapped, murdered, forced into prostitution, or lured to commit another crime by sexual predators. He also responded to questions from the committee.
03:34 PM -- Ms. Jeanne Smith, representing the Attorney General's office, spoke in favor of the bill. Mr. Suthers joined her at the table to speak to specific provisions in the bill. Ms. Smith addressed the concerns that were voiced with Section 4 of the bill, citing provisions that address meetings with an open-ended purpose in California and Nevada laws. She responded to questions from the committee. She noted that the proposed legislation contains an exception provision for Internet luring if contact is attempted because a child's welfare is considered to be in danger.
03:49 PM
The chairman closed the public testimony portion of the hearing. Representative McCluskey made closing comments and indicated that he and others would work on amendments to the bill to address some of the concerns cited. Mr. Harris returned to the table to respond to questions. The chairman laid the bill over.