House Committee on Judiciary (04/11/2006)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:	04/11/2006	ATTENDANCE

Time:	11:24 AM to 11:47 AM	Clapp	*
		Decker	X
Place:	HCR 0112	Gardner	X
		Hefley	X
This Meeting was called to order by		Jahn	*
	Representative Carroll T.	Judd	X
		Kerr A.	*
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:
HB06-1364		Amended, Referred to the Committee of the Whole

11:25 AM -- House Bill 06-1364

Representative T. Carroll called the meeting to order. A quorum was present. Representative Madden, prime sponsor, said the purpose of HB 06-1364 is to prevent someone from hiring another to do the "dirty work" of locating a protected person. The bill prohibits assisting a person under a court restraining order in locating the person protected by such order. Accordingly, the bill makes it a criminal offense to do any of the following: (1) knowingly receive compensation from a restrained person for disclosing the location of the protected person; (2) contract with another person to locate a protected person; or (3) use electronic means to locate a protected person. Committee members were provided with Amendment L.005 (Attachment A). With the permission of the chairman, Representative Madden explained L.005, which allows a person to be hired for a lawful purpose to locate a protected person, and makes specific protections for the protected party under these circumstances.

The following people testified on the bill:

11:29 AM -- Ms. Maureen Cain, representing the Colorado Criminal Defense Bar, spoke in favor of the bill. She explained why attorneys or investigators would be hired to contact a protected party for a legitimate reason during times when a case is not pending (regarding taxes, custody, etc.), and said that L.005 ensures that this type of contact is not criminalized. The committee asked how the bill affects current law. Ms. Cain explained that is it currently a crime for a restrained party to have a third party contact a protected party, but it is not a crime to locate the protected party, and Representative Madden referred to the summary provided in the fiscal note.

11:35 AM -- Ms. Twanna La Trice Hill, representing the Colorado Coalition Against Domestic Violence, spoke in favor of the bill. She explained that many victims of domestic violence are forced to move, go into hiding, or change their name when they choose to leave an abusive relationship. She described how more and more victims are showing up at domestic violence shelters after being located by a third party such as a private investigator. She noted that her organization is not attempting to impair investigative or court processes, or deny a defendant's right to face his or her accuser.

11:40 AM -- Ms. Joy Learman, representing the Survivor's Task Force of the Colorado Coalition Against Domestic Violence, spoke in favor of the bill on behalf of a victim who was unable to attend the hearing in person. Ms. Learman was granted permission by the chairman to read Ms. Gina Sierra's testimony into the record.

11:44 AM -- Representative Madden answered questions from the committee regarding how information about the new law will be disseminated so the public is aware of the law.

11:44 AM

The chairman closed public testimony. The committee began considering amendments.


BILL:	HB06-1364
TIME:	11:45:11 AM
MOVED:	McGihon
MOTION:	Move Amendment L.005 (Attachment A). The motion passed without objection
SECONDED:	Witwer
		VOTE
	Clapp
	Decker
	Gardner
	Hefley
	Jahn
	Judd
	Kerr A.
	McGihon
	Witwer
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE


BILL:	HB06-1364
TIME:	11:46:25 AM
MOVED:	McGihon
MOTION:	Refer HB 06-1364, as amended, to the Committee of the Whole. The motion carried unanimously.
SECONDED:	Carroll M.
		VOTE
	Clapp	Yes
	Decker	Yes
	Gardner	Yes
	Hefley	Yes
	Jahn	Yes
	Judd	Yes
	Kerr A.	Yes
	McGihon	Yes
	Witwer	Yes
	Carroll M.	Yes
	Carroll T.	Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

11:47 AM

The committee adjourned.