Date: 02/23/2006

Final
BILL SUMMARY for HB06-1326

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Adopt Amendment L.001 (Attachment Q). The motion
Refer HB 06-1326, as amended, to the Committee on 		Pass Without Objection
PASS


07:33 PM -- House Bill 06-1326

The committee recessed.


07:42 PM

The committee reconvened. Representative Crane and Representative Riesberg, co-prime sponsors, presented HB 06-1326. The bill repeals existing crimes pertaining to identity theft and reorganizes them, along with related offenses, in one location under Colorado statutes. In addition, the bill makes the crime of identity theft a class 4 felony. Representative Crane explained how pervasive identity theft is in Colorado and the United States. Committee members were provided with Amendment L.001 (Attachment Q). Representative Riesberg spoke about the purpose of the bill and walked the committee through the bill's provisions.

The following people testified on the bill:

07:45 PM -- Mr. Scott Storey, representing the Colorado District Attorneys' Council as the District Attorney in Jefferson/Gilpin Counties, spoke in support of the bill. He described a crime in his district that occurred four years ago and involved identity theft, the consequences of which still linger with the victims and their credit. He cited Colorado's recent national rankings regarding the crime of identity theft, and noted other statistics regarding complaints and reports of identity theft. He described the impact of identity theft on business. He said that identity theft is currently prosecuted under Colorado law as racketeering (but it is difficult to build a case for this) or impersonation (but the penalty is too light), noting that Colorado is one of a handful of states without an identity theft law. He highlighted some provisions of the proposed statute, and answered questions from the committee.

08:02 PM -- Mr. Dana Smerchek, representing himself, spoke in favor of the bill. He described his background and his experience as a victim of identify theft. He described the difficulties associated with clearing his name on his credit report.

08:12 PM -- Mr. Chris Nelson, representing the Jefferson County Sheriffs Office, spoke in favor of the bill. He described the problems with current laws pertaining to identity theft, and explained why the bill was needed.

08:15 PM -- Mr. Rex Wilmouth, representing the Colorado Public Interest Research Group, spoke in favor of the bill. He said it takes victims an average of 600 hours and $1,500 to clear their names after having their identity stolen. He cited other statistics related to the crime of identity theft.

08:19 PM -- Ms. Peg Ackerman, representing the County Sheriffs of Colorado, spoke in favor of the bill and said that it is a very necessary tool for local law enforcement.

Other people signed up to testify, but had to leave before the bill was considered by the committee.


08:20 PM
The chairman closed public testimony, and the committee began considering amendments.
BILL:HB06-1326
TIME: 08:20:55 PM
MOVED:Carroll T.
MOTION:Adopt Amendment L.001 (Attachment Q). The motion passed without objection.
SECONDED:Decker
VOTE
Boyd
Cadman
Clapp
Decker
Gardner
Jahn
Judd
McGihon
Witwer
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB06-1326
TIME: 08:21:43 PM
MOVED:Jahn
MOTION:Refer HB 06-1326, as amended, to the Committee on Appropriations. The motion carried unanimously.
SECONDED:Cadman
VOTE
Boyd
Yes
Cadman
Yes
Clapp
Yes
Decker
Yes
Gardner
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