Bill Summary for Bill Number HB06-1089

Date: 02/02/2006

Final
BILL SUMMARY for HB06-1089

HOUSE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Move Amendment L.001 (Attachment S). The motion p Move Amendment L.002 (Attachment T). The motion p Move Amendment L.003 (Attachment U). The motion p Move Amendment L.005 (Attachment V). The motion p Refer HB 06-1089, as amended, to the Committee on Substitute motion to postpone indefinitely HB 06-1	Pass Without Objection Pass Without Objection Pass Without Objection Pass Without Objection TIE PASS TIE

08:03 PM -- House Bill 06-1089

Representative Harvey, prime sponsor, presented HB 06-1089. The bill makes it a class 1 misdemeanor for sexually violent predators, repeat sex offenders, and sex offenders whose victims were children to live within 1,500 feet of a school, day care center, or playground. The bill allows local governments to impose stricter standards.
Committee members were provided with information from Together for Our Children (TFOC) (Attachment Q), the written testimony from Mr. Michael Dell, a registered sex offender (Attachment R), and Amendments L.001 (Attachment S), L.002 (Attachment T), L.003 (Attachment U), and L.005 (Attachment V). The sponsor answered questions from the committee. Discussion ensued.

The following people testified on the bill:

08:38 PM -- Ms. Helga Crawford, representing Together for Our Children (TFOC), spoke in opposition to the bill.

08:41 PM -- Ms. Roberta Ponis, representing Colorado CURE (Coalition for the Urgent Reform of Errants), spoke in opposition to the bill and read testimony to that effect.

08:46 PM -- Mr. Michael Dell, representing himself, spoke in opposition to the bill as a registered sex offender. He made suggestions for other types of restrictions that could reduce recidivism among sex offenders.

08:49 PM -- Mr. John Kottenstette, representing Senior Support Services, spoke in opposition to the bill. The sponsor clarified that the bill does not apply retroactively.

08:53 PM -- Ms. Buffy Fletcher, representing Colorado CURE, spoke in favor of the amendments but expressed concerns about the bill's residency restrictions because it will drive sex offenders underground and they will avoid registering.

08:56 PM -- Mr. Greig Veeder, representing Teaching Humane Existence (treatment of and education about sex offenders), spoke in opposition to the bill because it creates false security, could reduce individual vigilance and increase harms, and does not solve the problem. He suggested there are other ways to deal with sex offenders.

09:01 PM -- Mr. Gus Guarino, representing the Colorado Criminal Defense Bar, spoke in opposition to the bill because it will push offenders out of urban areas to rural areas. He also mentioned the impact the bill could have on community corrections facilities, many of which treat sex offenders and are located within close proximity to schools and day care centers.

09:07 PM -- Ms. Iris Eytan, representing the Colorado Criminal Defense Bar, responded to a number of questions that had been raised and stated that the bill does not accomplish what it seeks to address.

09:12 PM -- Ms. Cathryn Hazouri, representing the ACLU of Colorado, spoke in opposition to the bill because it does not allow for due process.

09:17 PM -- Mr. Jeff Jaslow, representing himself and his children, spoke in support of the bill because it is a tool for parents to help protect their children. He indicated that under current law he cannot post pictures of a sex offender at his child's school in order to warn others about the offender, because that action is considered harassment.

09:22 PM -- Ms. Tamika Payne, representing the Colorado Coalition Against Sexual Assault, spoke in favor of the concept behind the bill, but stated that her organization does not support the bill because it does not afford true protection from sex offenders. She answered questions from the committee.

09:27 PM -- Ms. Sue Quirk, representing herself, spoke in favor of the bill.

09:32 PM -- Ms. Kory Nelsen, representing himself, spoke in favor of the bill and cited problems with various points raised by the opposition. He answered questions from the committee.

09:42 PM -- Mr. Larry Neal, representing the Colorado Child Care Association, spoke in favor of the bill.

09:47 PM -- Ms. Paula Rhoads Hook, representing herself, spoke in favor of the bill as a survivor of incest.

09:51 PM

The chairman closed public testimony, and the committee began considering amendments.


BILL:	HB06-1089
TIME:	09:52:23 PM
MOVED:	Clapp
MOTION:	Move Amendment L.001 (Attachment S). 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


BILL:	HB06-1089
TIME:	09:53:01 PM
MOVED:	Clapp
MOTION:	Move Amendment L.002 (Attachment T). The motion passed without objection.
SECONDED:	Jahn
		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


BILL:	HB06-1089
TIME:	09:53:23 PM
MOVED:	Clapp
MOTION:	Move Amendment L.003 (Attachment U). The motion passed without objection.
SECONDED:	Hefley
		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


BILL:	HB06-1089
TIME:	09:53:47 PM
MOVED:	Clapp
MOTION:	Move Amendment L.005 (Attachment V). The motion passed without objection.
SECONDED:	Carroll M.
		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

The sponsor clarified that the bill does not have retroactive applicability. Discussion ensued.

10:02 PM

Committee members commented on the bill.


BILL:	HB06-1089
TIME:	10:09:51 PM
MOVED:	Clapp
MOTION:	Refer HB 06-1089, as amended, to the Committee on Appropriations. Before the motion was seconded, a substitute motion was made (see below).
SECONDED:
		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: TIE


BILL:	HB06-1089
TIME:	10:09:59 PM
MOVED:
MOTION:
SECONDED:
		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: TIE


BILL:	HB06-1089
TIME:	10:10:00 PM
MOVED:	McGihon
MOTION:	Substitute motion to postpone indefinitely HB 06-1089. The motion carried on a vote of 7-4.
SECONDED:	Carroll M.
		VOTE
	Boyd	Yes
	Clapp	No
	Decker	Yes
	Gardner	No
	Hefley	No
	Jahn	Yes
	Judd	Yes
	McGihon	Yes
	Witwer	No
	Carroll M.	Yes
	Carroll T.	Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS