Bill Summary for Bill Number HB06-1011

Date: 04/26/2006

Final
BILL SUMMARY for HB06-1011

SENATE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Moved an amendment to L.009, page 2, line 13, line Moved an amendment to L.009, page 3, strike lines Moved prepared amendment L.009 (Attachment A). Th Refer House Bill 06-1011, as amended, to the Commi	Pass Without Objection Pass Without Objection Pass Without Objection PASS

01:44 PM -- House Bill 06-1011

Senator Sandoval, sponsor, presented House Bill 06-1011 concerning child exploitation offenses. The bill creates two new felonies subject to an indeterminate sentence that could reach a maximum of an offender’s lifetime: (1) internet luring of a child and (2) internet sexual exploitation of a child. The first felony is committed if a person communicates with a child through a computer network, whom they believe is less than 15 years old, for the purpose of enticing or luring the child to meet without the consent of the child's parent or guardian. Enticing a child to meet is a Class 5 felony, except it is Class 4 felony if the intent of the meeting is for sexual contact or sexual exploitation. The second felony is committed if a person uses a computer network to entice a child, who is under 15 years old, to expose or touch the child's own or another person's intimate parts while communicating via a computer network, or to observe the person's intimate parts while communicating via a computer network. This form of child sexual exploitation is a Class 4 felony. The bill also makes the possession of more than 20 different items of sexual exploitative material depicting children (photographs, videotapes, slides, etc.) a Class 4 felony for a first offense.

01:48 PM -- Mike Harris, Jefferson County District Attorney's Office, spoke in support of the bill. Mr. Harris gave an audio visual presentation about online sex offenders. His presentation provided several statistics and facts from cases he has investigated. He used the facts of those cases to illustrate the need for this bill. Mr. Harris played a segment from a telephone call between a suspect and a person the suspect believes to be a 14-year-old girl which discusses the possibility of meeting to engage in sexual acts.

01:54 PM -- Jeanne Smith, Colorado Attorney General's Office, spoke in support of the bill. Ms. Smith responded to committee questions about what constitutes sexually exploitive materials. The committee discussed a requirement for intent for the possession of sexually exploitative material depicting children. She discussed internet luring of a child, which will allow law enforcement official to meet with suspects who do not specifically ask for sexual acts.

02:04 PM -- Amy Redfern, America On-Line, spoke in favor of the bill. Ms. Redfern represents a coalition of the internet service provider industry. Her coalition supports the bill and the proposed amendment. She responded to questions from the committee regarding federal efforts to deal with the issue of internet crimes against children.

02:06 PM -- Anne Marie Jenson, Colorado Coalition Against Sexual Assault, spoke in favor of the bill. Ms. Jenson raised concerns about the limited liability provisions of prepared amendment L.009 (Attachment A). The committee discussed the issue of limited liability.

02:09 PM -- Jeanne Smith returned to the table to discuss the issue of limiting liability. The committee had an extensive discussion on the issue.


BILL:	HB06-1011
TIME:	02:15:24 PM
MOVED:	Shaffer
MOTION:	Moved prepared amendment L.009 (Attachment A). 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:	HB06-1011
TIME:	02:16:31 PM
MOVED:	Shaffer
MOTION:	Moved an amendment to L.009, page 2, line 13, line 3, strike "SERVICE" and substitute "ACCESS." 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:	HB06-1011
TIME:	02:17:01 PM
MOVED:	Grossman
MOTION:	Moved an amendment to L.009, page 3, strike lines 1-4. 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:	HB06-1011
TIME:	02:17:33 PM
MOVED:	Shaffer
MOTION:	Refer House Bill 06-1011, as amended, 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