Date: 03/08/2006
Final
BILL SUMMARY for HB06-1088
SENATE COMMITTEE ON JUDICIARY
| Votes: View--> | Action Taken: |
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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.