Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON JUDICIARY

Date:03/08/2006
ATTENDANCE
Time:01:37 PM to 03:39 PM
Bacon
X
Dyer
X
Place:SCR 352
Gordon
*
Mitchell
*
This Meeting was called to order by
Traylor
X
Senator Grossman
Shaffer
X
Grossman
X
This Report was prepared by
Jessika Shipley
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB06-1088
HB06-1119
HB06-1084
HB06-1118
HB06-1080		Witness Testimony Only
Laid Over
Referred to the Committee of the Whole
Referred to the Committee of the Whole
Referred to the Committee of the Whole


01:37 PM -- House Bill 06-1088

Senator Sandoval, sponsor, presented House Bill 1088 concerning the modification of statutes of limitations for commencing court proceedings involving unlawful sexual behavior toward children. The bill removes the limitation periods in which to commence a criminal proceeding or juvenile delinquency proceeding involving a sex offense against a child. The House amended out the provision that would remove the limitation period for commencing civil actions involving unlawful sexual behavior toward children.

01:43 PM -- Chris Rose, Colorado Catholic Conferences, spoke in favor of the bill. Mr. Rose mentioned that all three Catholic bishops in Colorado endorse the removal of the criminal statutes of limitations for sex offenses against children. He responded to questions from the committee regarding the validity of statutes of limitations and the difference between the burdens of proof in civil and criminal cases. The committee also asked questions about the difficulty of defending a case that is decades old.

01:50 PM -- Laurie Rose Kepros and Saskia Jordan, Colorado Criminal Defense Bar, spoke in opposition to the bill. Ms. Kepros spoke about her experience as a public defender and the possibility of false allegations. She discussed the difficulty of defending an individual who is charged with a sex offense that allegedly took place 30-40 years ago. She stressed the importance of statutes of limitations for defending false allegations. Ms. Kepros provided anecdotes of cases she defended several years after the fact, where evidence was no longer available. She also raised questions about which cases will be prosecuted.









01:58 PM -- Ms. Jordan discussed studies that show very high incidences of false allegations of unlawful sexual behavior toward children. She remarked on the mandatory reporting requirement. She believes mandatory requirement could conflict with a victim's wishes, causing that victim to avoid getting help. Ms. Jordan also raised concerns about the bill applying to juveniles. Ms. Jordan and Ms. Kepros responded to questions from the committee regarding the doctrine of delayed prosecution. Ms. Jordan responded to questions about the circumstances under which false allegations of sex assault are made. The committee had a lengthy discussion regarding stale evidence.

02:16 PM -- Carol Shaw, private citizens, spoke in favor of the bill. Ms. Shaw provided details of her experience with sexual abuse at the hands of her father. She stressed that it takes time to learn to deal with the experience of sexual assault and this bill provides a tool for victims in dealing with their emotion problems in the future.

02:20 PM -- Tamika Payne, Colorado Coalition Against Sexual Assault, spoke in favor of the bill. Ms. Payne stressed the severity of the crime of sexual assault on a child and the long-lasting effects of that kind of abuse. She spoke about the fact that rape is an underreported crime and why children do not report sexual assault. Ms. Payne pointed out that society has an interest in prosecuting individuals who prey on children.


02:29 PM

Senator Sandoval wrapped up her presentation on the bill and stressed that this bill is about protecting children.


02:34 PM

Senator Gordon asked the committee to lay over the bill until Monday.


02:36 PM -- House Bill 06-1119

Senator Keller asked the committee to lay over House Bill 06-1119 until Monday, March 13.


02:37 PM -- House Bill 06-1084

Senator Kester, sponsor, presented House Bill 06-1084 concerning illegal speeding activities involving motor vehicles. The bill deals with the dangers of street racing and stiffening penalties for that act. Senator Kester provided two handouts addressing street racing (Attachments A and B).

02:39 PM -- Peter Carey, Colorado Springs Police Department, spoke in support of the bill. Commander Carey discussed incidences of street racing in the Colorado Springs area. He provided an incident report of street racing from the Colorado Springs Police Department (Attachment C). Commander Carey mentioned that his department is trying to deal with this problem through a combination of education and enforcement. Commander Carey responded to questions from the committee regarding specific occurrences of street racing and exhibition.







02:45 PM -- Maile Grey, Drive Smart Colorado Springs Program, spoke in favor of the bill. Ms. Grey talked about her program's goal of making streets safer. She works with teens on safe driving programs and teens consistently tell her that street racing culture is very popular among that age group. Her focus is on educating teens about the dangers of street racing.

02:49 PM -- Michael Proctor, Colorado Springs Police Department, spoke in favor of the bill.

02:51 PM -- Maureen Cain, Colorado Criminal Defense Bar, spoke in opposition to the bill. Ms. Cain asked the committee to consider the problems that could be caused by court-ordered immobilization of a vehicle. The committee discussed the fees required to remove an immobilization device from a vehicle. She responded to questions about the possibility of amending the bill to remove her concerns.


02:57 PM

Senator Kester wrapped up his presentation of the bill and stated that this bill could save lives.
BILL:HB06-1084
TIME: 02:57:57 PM
MOVED:Mitchell
MOTION:Refer House Bill 06-1084 to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 7-0
SECONDED:
VOTE
Bacon
Yes
Dyer
Yes
Gordon
Yes
Mitchell
Yes
Traylor
Yes
Shaffer
Yes
Grossman
Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


03:00 PM -- House Bill 06-1118

Senator Isgar, sponsor, presented House Bill 06-1118 concerning actions taken against a person licensed to operate a commercial motor vehicle that deny the person the privilege of operating such motor vehicle. The bill adds an administrative revocation of a license for driving while ability impaired for a person under 21 years of age, or of driving under influence, to the grounds for placing a commercial driver's license out of service. Senator Isgar distributed answers to questions asked by Representative Morgan Carroll about this bill (Attachment D).

03:04 PM -- Steve Hooper, Jerry Pierce, and Dave Fugget, Colorado Department of Revenue, made themselves available to answer questions. Senator Dyer asked a question masking offenses that should have an affect on a commercial drivers. Senator Mitchell asked if there is any other way to comply with federal regulations other than a ban on plea bargaining. Mr. Hooper stated that the ban on plea bargaining might not be the only way, but it will definitely bring the state into compliance.






03:11 PM

Senator Isgar wrapped up his presentation of the bill. He pointed out that there has been no opposition to the bill in the House or Senate.
BILL:HB06-1118
TIME: 03:12:32 PM
MOVED:Shaffer
MOTION:Refer House Bill 06-1118 to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 7-0.
SECONDED:
VOTE
Bacon
Yes
Dyer
Yes
Gordon
Yes
Mitchell
Yes
Traylor
Yes
Shaffer
Yes
Grossman
Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
BILL:HB06-1118
TIME: 03:12:52 PM
MOVED:Bacon
MOTION:Moved to place House Bill 06-1118 on the consent calendar. The motion passed without objection.
SECONDED:
VOTE
Bacon
Dyer
Gordon
Mitchell
Traylor
Shaffer
Grossman
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


03:15 PM -- House Bill 06-1080

Senator Grossman, sponsor, presented House Bill 06-1080 concerning authorizing forensically trained doctoral-level mental health professionals to conduct competency examinations for adult charged with crimes. The bill extends to licensed psychologists the authority to conduct competency examinations for adults charged with crimes. It extends to psychologists and psychiatrists who are working under a licensed psychiatrist or licensed psychologist the authority to conduct said competency examinations.







03:18 PM -- Chad Morris, Colorado Psychological Association, spoke in favor of the bill. Dr. Morris discussed the issue of competency of defendants in a criminal trial and the difficulties in making a determination of competence. There is a backlog of individuals waiting for competency evaluations and the bill would provide explicit authority for licensed, doctoral-level psychologists to perform such evaluations. He stated that his organization has worked with the Colorado District Attorneys Council on this bill. Dr. Morris responded to questions from the committee regarding

03:23 PM -- Steve Schoenmakers, Colorado Department of Human Services, spoke in favor of the bill. Mr. Schoenmakers distributed written testimony to the committee (Attachment E). He stressed that using psychologists to do competency evaluations is common practice, but this bill codifies that practice in law. He talked about the problems faced by the department in finding enough psychiatrists to do competency evaluations. Also, he stated that psychologists charge less to do evaluations and that is a good value for the state.

03:29 PM -- George Kalousek, Colorado Psychiatric Society, spoke in support of the bill. Dr. Kalousek stated that well-qualified psychologists who have special training are very capable of doing competency evaluations.

03:34 PM -- Maureen Cain, Colorado Criminal Defense Bar, spoke in support of the bill.

03:35 PM -- Dave Thomas, Colorado District Attorneys Council, spoke in opposition to the bill. Mr. Thomas stated that the district attorneys oppose this bill because they have historically been disappointed with the standards of criminal competency evaluations and this bill simply sets those poor standards in statute. Mr. Thomas responded to questions from the committee regarding the shortage of qualified psychiatrists to do such evaluations.


03:39 PM
BILL:HB06-1080
TIME: 03:39:15 PM
MOVED:Grossman
MOTION:Refer House Bill 06-1080 to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 7-0.
SECONDED:
VOTE
Bacon
Yes
Dyer
Yes
Gordon
Yes
Mitchell
Yes
Traylor
Yes
Shaffer
Yes
Grossman
Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS







BILL:HB06-1080
TIME: 03:39:34 PM
MOVED:Bacon
MOTION:Moved to place House Bill 06-1080 on the consent calendar. There was objection to the motion.
SECONDED:
VOTE
Bacon
Dyer
Gordon
Mitchell
Traylor
Shaffer
Grossman
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: FAILED


03:39 PM

Senator Shaffer adjourned the committee.