Date: 02/02/2006

Final
BILL SUMMARY for HB06-1153

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Conceptual amendment to strike Section 1 of the bi
Conceptual amendment to strike Sections 5 and 6 of
Conceptual amendment to tighten the scope of the t
Move Amendment L.001 (Attachment EE). The motion
Move Amendment L.002 (Attachment BB). After some
Move Amendment L.002 (Attachment BB). The motion
Refer HB 06-1153, as amended, to the Committee of 		PASS
TIE
Pass Without Objection
Pass Without Objection
TIE
PASS
PASS


11:13 PM -- House Bill 06-1153

Representative Berens, prime sponsor, presented HB 06-1153. The bill creates a new crime of concealing a sexually violent predator (failure to comply with registration requirements or cooperate with law enforcement in verifying address information), and requires the Colorado Bureau of Investigation to assist local law enforcement agencies in finding sex offenders who have not registered. The bill requires sex offenders who live in mobile homes, trailers, or cars to include information about such vehicles when they register as a sex offender. In addition, the bill adds a death penalty aggravating factor of previously being found to be a sexually violent predator prior to committing a capital offense. Committee members were provided with Amendment L.002 (Attachment BB). The sponsor responded to questions from the committee.

The following people testified on the bill:

11:18 PM -- Ms. Maureen Cain, representing the Colorado Criminal Defense Bar, spoke in opposition to the bill. She explained her concerns with the new crime proposed, and said the issues addressed in the bill can already be prosecuted under current law. She responded to questions from the committee.

11:26 PM -- Ms. Tamika Payne, representing the Colorado Coalition Against Sexual Assault, spoke in support of the concept behind the bill but noted opposition to creating a new death penalty aggravator.

11:27 PM -- Ms. Peg Ackerman, representing the County Sheriffs of Colorado, spoke in support of the bill.

The committee was provided with the written testimony of a young girl who was unable to stay at the hearing (Attachment CC) and other information about victims of sexual assault (Attachment DD).


11:28 PM

The chairman closed public testimony, and the committee began considering amendments. Committee members were provided with Amendment L.001 (Attachment EE).
BILL:HB06-1153
TIME: 11:28:37 PM
MOVED:Boyd
MOTION:Move Amendment L.002 (Attachment BB). After some discussion, the motion was withdrawn.
SECONDED:McGihon
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:HB06-1153
TIME: 11:30:39 PM
MOVED:McGihon
MOTION:Conceptual amendment to strike Section 1 of the bill. The motion carried on a vote of 8-3.
SECONDED:Judd
VOTE
Boyd
Yes
Clapp
No
Decker
Yes
Gardner
No
Hefley
Yes
Jahn
Yes
Judd
Yes
McGihon
Yes
Witwer
No
Carroll M.
Yes
Carroll T.
Yes
Not Final YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS
BILL:HB06-1153
TIME: 11:33:11 PM
MOVED:Gardner
MOTION:Move Amendment L.001 (Attachment EE). The motion passed without objection.
SECONDED:Witwer
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:HB06-1153
TIME: 11:37:21 PM
MOVED:Judd
MOTION:Move Amendment L.002 (Attachment BB). The motion carried on a vote of 9-2.
SECONDED:Clapp
VOTE
Boyd
Yes
Clapp
Yes
Decker
Yes
Gardner
No
Hefley
Yes
Jahn
Yes
Judd
Yes
McGihon
Yes
Witwer
No
Carroll M.
Yes
Carroll T.
Yes
Not Final YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS
BILL:HB06-1153
TIME: 11:38:22 PM
MOVED:Judd
MOTION:Conceptual amendment to tighten the scope of the title by adding "registration" after "offender" on page 1, line 101, of the bill. The motion passed without objection.
SECONDED:Decker
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

Mr. Michael Dohr, Office of Legislative Legal Services, came to the table to comment on options.

BILL:HB06-1153
TIME: 11:43:51 PM
MOVED:Carroll T.
MOTION:Conceptual amendment to strike Sections 5 and 6 of the bill. The motion passed without objection.
SECONDED:Decker
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:HB06-1153
TIME: 11:45:15 PM
MOVED:Clapp
MOTION:Refer HB 06-1153, as amended, to the Committee of the Whole. The motion passed on a vote of 10-1.
SECONDED:Witwer
VOTE
Boyd
No
Clapp
Yes
Decker
Yes
Gardner
Yes
Hefley
Yes
Jahn
Yes
Judd
Yes
McGihon
Yes
Witwer
Yes
Carroll M.
Yes
Carroll T.
Yes
Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS



11:46 AM

The meeting adjourned.