Date: 02/02/2006

Final
BILL SUMMARY for HB06-1088

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Move Amendment L.001 (Attachment N). The motion p
Refer HB 06-1088, as amended, to the Committee of 		Pass Without Objection
PASS


04:57 PM -- House Bill 06-1088

The committee recessed.


05:08 PM

The committee reconvened. Representative Marshall, prime sponsor, gave an overview of HB 06-1088, which removes the 10-year statute of limitations for proceedings involving a sex offense against a child. The bill's provisions apply to all offenses committed on or after July 1, 1996 or before that period, if the applicable statute of limitations has not run out. The sponsor distributed Amendment L.001 (Attachment N), and walked the committee through each section of the bill. She also responded to questions from the committee.


05:19 PM

Mr. Stephen Miller, Office of Legislative Legal Services, answered questions regarding making the statute of limitations apply retroactively to certain offenses. Discussion ensued.

The following people testified on the bill:

05:34 PM -- Ms. Marilyn Van DerBur Atler, representing herself, spoke in favor of the bill as a survivor of incest. She explained that the perpetrator in her case abused other adults later in life, and that this bill would have allowed her to come forward as an adult and prevent similar abuse from occurring to others.

05:40 PM -- Mr. Gregory Staritzky, representing himself, spoke in opposition to the bill. He explained why he thinks it is beneficial to keep the 10-year statute of limitations for these crimes, and expressed concern that removing it will open the door for unscrupulous allegations.

05:45 PM -- Mr. David Kaplan, State Public Defender, and Ms. Laurie Rose Kepros, representing public defenders and the Colorado Criminal Defense Bar, spoke in opposition to the bill. Mr. Kaplan explained why the statute of limitations was put in place for certain categories of crimes, and described some problematic effects of adopting this bill. He and Ms. Kepros responded to questions from the committee. Discussion ensued.

06:07 PM -- Mr. Miller returned to the table to answer questions.

06:13 PM -- Ms. Joelle Casteix, representing SNAP (Survivors Network of those Abused by Priests), spoke in favor of the bill. She described her experience as a victim of sexual assault and said her perpetrator remains free today because she did not recognize the reality of the abuse she experienced until she was almost 30 years old and it was too late to bring any charges. She then responded to questions from the committee.

06:23 PM -- Ms. Marnie Williams, representing herself, spoke in favor of the bill as a survivor of sexual abuse. She described how the abuse impacted her as an adult, and responded to questions from the committee.

06:28 PM -- Mr. Patrick Chappell, representing himself and an organization he started for victims of sexual abuse called Patrick's Shield, spoke in opposition to the bill as a victim of sexual abuse. He responded to questions from the committee.

06:41 PM -- Mr. Harl Hargett, representing Lost and Found, Inc., spoke in opposition to the bill.

06:47 PM -- Ms. Tamika Payne, representing the Colorado Coalition Against Sexual Assault, spoke in favor of the bill and expressed support for removing obstacles so victims can hold perpetrators accountable. She added that she did not want the bill targeted at any specific group.

06:53 PM -- Ms. Barbara Blaine, representing SNAP, spoke in favor of the bill as a victim of sexual assault. She reiterated that children are not able to recognize, at the time, that sexual abuse is a crime. She responded to questions from the committee.

Committee members were provided with the written testimony of Mr. Troy Gray, a victim of sexual abuse (Attachment O), who was unable to attend the hearing.

07:01 PM -- Mr. Matt Cortez, representing himself, spoke in favor of the bill as a victim of sexual assault. He described the types of activities that constituted the assault and explained how he did not recognize the actions of the priest as assault until he was in his forties.

07:08 PM -- Mr. Jeb Barrett, representing himself as a survivor of sexual abuse and the leader of Denver SNAP, spoke in favor of the bill because it provides a window of opportunity for victims who fall through the cracks or who are unable to report the abuse.

07:14 PM -- Ms. Claudia Yvonne Vercellotti, representing herself as a victim of sexual abuse and the leader of Ohio SNAP, spoke in favor of the bill. She indicated that the bill will help address abuse that gets covered up.

07:22 PM -- Mr. John Jaruzel, representing himself, spoke in favor of the bill as a victim of sexual abuse.

07:26 PM -- Mr. Chris Rose, representing the Colorado Catholic Conference, spoke about the bill and distributed various information related to the bill and issues under discussion (Attachment P).

07:36 PM -- Professor Charol Shakeshaft, representing the Archdiocese of Denver, testified on the bill, taking a neutral position. She described types of interaction she has had with victims of sexual abuse, and indicated that the bill as written will not protect enough children. She responded to questions from the committee.

07:44 PM -- Mr. Martin Nusbaum, representing the Archdiocese of Denver, took a neutral position on the bill. He stated that the bill is under-inclusive in terms of its impact, and answered questions from the committee.


07:55 PM

The chairman closed public testimony, and the committee began considering amendments.
BILL:HB06-1088
TIME: 07:55:56 PM
MOVED:McGihon
MOTION:Move Amendment L.001 (Attachment N). 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


07:56 PM

The sponsor made closing comments on the bill and testimony.
BILL:HB06-1088
TIME: 08:03:06 PM
MOVED:Jahn
MOTION:Refer HB 06-1088, as amended, to the Committee of the Whole. The motion carried unanimously.
SECONDED:Clapp
VOTE
Boyd
Yes
Clapp
Yes
Decker
Yes
Gardner
Yes
Hefley
Yes
Jahn
Yes
Judd
Yes
McGihon
Yes
Witwer
Yes
Carroll M.
Yes
Carroll T.
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS