Bill Summary for Bill Number HB06-1058

Date: 01/26/2006

Final
BILL SUMMARY for HB06-1058

HOUSE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Move Amendment L.001 (Attachment D). The motion p Move Amendment L.003 (Attachment E). The motion p Move Amendment L.004 (Attachment F). The motion p Move Amendment L.005 (Attachment G). The motion p Refer HB 06-1058, as amended, to the Committee on	TIE Pass Without Objection Pass Without Objection Pass Without Objection PASS

03:54 PM -- House Bill 06-1058

Representative Pommer, prime sponsor, presented HB 1058, which requires that a surcharge be collected from all offenders convicted of committing a crime against a child. In addition, the bill creates a new fund for revenue generated by the surcharge, and establishes a range of surcharge amounts to be assessed, depending on a crime's classification (i.e., class 2 felony, class 3 misdemeanor, etc.). Committee members were provided with Amendments L.001 (Attachment D), L.003 (Attachment E), L.004 (Attachment F), and L.005 (Attachment G). The sponsor explained why he was bringing the bill forward and who would be affected by it. He also described the role of child advocacy centers and how the revenue will assist them in providing services to child victims of crimes.

The following people testified on the bill:

04:01 PM -- Mr. David Kaplan, State Public Defender, spoke in opposition to the bill. He spoke about the impact of surcharges on defendants and, in some cases, the state. He responded to questions from the committee. Representative Pommer also responded to questions.

04:16 PM -- Ms. Patricia Chambers, representing Blue Sky Bridge (a child advocacy center), spoke in support of the bill. She described the services provided by various entities to child victims of a crime. She indicated that the bill levies the surcharge for sex offenses against children because those are the most prevalent, expensive, and difficult to investigate. She distinguished between the use of sex offender surcharge monies and the revenue from the proposed surcharge.

04:19 PM -- Mr. Dan Keough, representing the Edgewater Police Department, spoke in favor of the bill and underscored how valuable advocacy centers are.

04:22 PM -- Mr. Jack Gardner, representing the Boulder Police Department, spoke in favor of the bill and praised child advocacy centers, particularly because they provide a safe and comfortable environment for victims and their families. He described the interview process with the victim, saying it is a crucial part of the investigative process.

04:26 PM -- Ms. Rebel Rodriguez, representing the Jeffco Children's Alliance, spoke in favor of the bill. She described her experience as the mother of a victim, and spoke highly of the services offered by the Jeffco Children's Alliance.

04:28 PM -- Ms. Eileen Konrath, representing the Jeffco Children's Alliance, spoke in favor of the bill and described some of the services the center offers. Committee members commented following her testimony.

04:32 PM -- Mr. Dave Thomas, representing the Colorado District Attorneys' Council, spoke in favor of the bill. He noted that the court has upheld the use of multiple surcharges in a single case, and reiterated how use of the new surcharge will differ from that of the sex offender surcharge.

04:33 PM -- Ms. Diana Goldberg, representing Sungate Kids (a child advocacy center), spoke in favor of the bill. She spoke about the high cost of prosecuting cases with child victims, and stated that the offenders should bear part of the responsibility for this cost. She responded to questions raised by committee members and other witnesses. Representative Pommer also responded to questions. Discussion ensued.

04:48 PM

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


BILL:	HB06-1058
TIME:	04:49:07 PM
MOVED:	Carroll T.
MOTION:	Move Amendment L.005 (Attachment G). 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


BILL:	HB06-1058
TIME:	04:50:29 PM
MOVED:	McGihon
MOTION:	Move Amendment L.001 (Attachment D). 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: TIE


BILL:	HB06-1058
TIME:	04:51:57 PM
MOVED:	McGihon
MOTION:	Move Amendment L.003 (Attachment E). 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:	HB06-1058
TIME:	04:51:04 PM
MOVED:	McGihon
MOTION:	Move Amendment L.004 (Attachment F). 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


BILL:	HB06-1058
TIME:	04:54:31 PM
MOVED:	McGihon
MOTION:	Refer HB 06-1058, as amended, to the Committee on Finance. The motion carried on a vote of 7 to 4.
SECONDED:	Carroll M.
		VOTE
	Boyd	Yes
	Clapp	No
	Decker	No
	Gardner	No
	Hefley	No
	Jahn	Yes
	Judd	Yes
	McGihon	Yes
	Witwer	Yes
	Carroll M.	Yes
	Carroll T.	Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS