Senate Committee on Judiciary (04/26/2006)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON JUDICIARY

Date:	04/26/2006	ATTENDANCE

Time:	01:43 PM to 03:15 PM	Bacon	X
		Dyer	E
Place:	SCR 352	Gordon	X
		Mitchell	*
This Meeting was called to order by		Traylor	*
	Senator Grossman	Shaffer	X
		Grossman	X
This Report was prepared by
	Jessika Shipley
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB06-1011 HB06-1151 HB06-1153 HB06-1363 HB06-1149		Amended, Referred to Appropriations Amended, Referred to Appropriations Referred to Appropriations Referred to Appropriations Amended, Referred to Appropriations

01:44 PM -- House Bill 06-1011

Senator Sandoval, sponsor, presented House Bill 06-1011 concerning child exploitation offenses. The bill creates two new felonies subject to an indeterminate sentence that could reach a maximum of an offender’s lifetime: (1) internet luring of a child and (2) internet sexual exploitation of a child. The first felony is committed if a person communicates with a child through a computer network, whom they believe is less than 15 years old, for the purpose of enticing or luring the child to meet without the consent of the child's parent or guardian. Enticing a child to meet is a Class 5 felony, except it is Class 4 felony if the intent of the meeting is for sexual contact or sexual exploitation. The second felony is committed if a person uses a computer network to entice a child, who is under 15 years old, to expose or touch the child's own or another person's intimate parts while communicating via a computer network, or to observe the person's intimate parts while communicating via a computer network. This form of child sexual exploitation is a Class 4 felony. The bill also makes the possession of more than 20 different items of sexual exploitative material depicting children (photographs, videotapes, slides, etc.) a Class 4 felony for a first offense.

01:48 PM -- Mike Harris, Jefferson County District Attorney's Office, spoke in support of the bill. Mr. Harris gave an audio visual presentation about online sex offenders. His presentation provided several statistics and facts from cases he has investigated. He used the facts of those cases to illustrate the need for this bill. Mr. Harris played a segment from a telephone call between a suspect and a person the suspect believes to be a 14-year-old girl which discusses the possibility of meeting to engage in sexual acts.

01:54 PM -- Jeanne Smith, Colorado Attorney General's Office, spoke in support of the bill. Ms. Smith responded to committee questions about what constitutes sexually exploitive materials. The committee discussed a requirement for intent for the possession of sexually exploitative material depicting children. She discussed internet luring of a child, which will allow law enforcement official to meet with suspects who do not specifically ask for sexual acts.

02:04 PM -- Amy Redfern, America On-Line, spoke in favor of the bill. Ms. Redfern represents a coalition of the internet service provider industry. Her coalition supports the bill and the proposed amendment. She responded to questions from the committee regarding federal efforts to deal with the issue of internet crimes against children.

02:06 PM -- Anne Marie Jenson, Colorado Coalition Against Sexual Assault, spoke in favor of the bill. Ms. Jenson raised concerns about the limited liability provisions of prepared amendment L.009 (Attachment A). The committee discussed the issue of limited liability.

02:09 PM -- Jeanne Smith returned to the table to discuss the issue of limiting liability. The committee had an extensive discussion on the issue.


BILL:	HB06-1011
TIME:	02:15:24 PM
MOVED:	Shaffer
MOTION:	Moved prepared amendment L.009 (Attachment A). The motion passed without objection.
SECONDED:
		VOTE
	Bacon
	Dyer	Excused
	Gordon
	Mitchell
	Traylor
	Shaffer
	Grossman
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1011
TIME:	02:16:31 PM
MOVED:	Shaffer
MOTION:	Moved an amendment to L.009, page 2, line 13, line 3, strike "SERVICE" and substitute "ACCESS." The motion passed without objection.
SECONDED:
		VOTE
	Bacon
	Dyer	Excused
	Gordon
	Mitchell
	Traylor
	Shaffer
	Grossman
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1011
TIME:	02:17:01 PM
MOVED:	Grossman
MOTION:	Moved an amendment to L.009, page 3, strike lines 1-4. The motion passed without objection.
SECONDED:
		VOTE
	Bacon
	Dyer	Excused
	Gordon
	Mitchell
	Traylor
	Shaffer
	Grossman
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1011
TIME:	02:17:33 PM
MOVED:	Shaffer
MOTION:	Refer House Bill 06-1011, as amended, to the Committee on Appropriations with a favorable recommendation. The motion passed on a vote of 6-0.
SECONDED:
		VOTE
	Bacon	Yes
	Dyer	Excused
	Gordon	Yes
	Mitchell	Yes
	Traylor	Yes
	Shaffer	Yes
	Grossman	Yes
Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:18 PM -- House Bill 06-1151

Senator Groff, sponsor, presented House Bill 06-1151 concerning the crime of felony child abuse. Under current law, felony child abuse is typically charged when a person causes a physical injury to a child or places a child in a situation where physical injury could occur. This bill adds a new form of child abuse. In particular, it specifies that child abuse can occur when a person having the care, custody, or control of a child causes severe emotional damage to the child as evidenced by severe anxiety, depression, withdrawal, or aggressive behavior. This condition must be diagnosed by a licensed medical doctor or psychologist. This bill, as amended by the House Judiciary Committee on February 9, 2006, specifies that for a second or subsequent misdemeanor child abuse offense, if the court finds that a person committed any of the following forms of child abuse, the offense is a Class 5 felony:

• cruel punishment or unreasonable isolation of a child;
• threats of harm to a child or other significant people in a child's life;
• acts of domestic violence in the presence of a child;
• malnourishment or a lack of proper medical care for a child; or
• extreme deprivation of hygienic or sanitary living conditions.

02:20 PM -- Lori Burkey, Colorado Court-Appointed Special Advocates (CASA), spoke in favor of the bill. Ms. Burkey discussed the issue of severe emotional abuse of children.

02:23 PM -- Maureen Cain, Colorado Criminal Defense Bar, spoke in support of the bill. Ms. Cain talked about the difficulty of defining emotional abuse and how this bill is a compromise for dealing with the problem.


BILL:	HB06-1151
TIME:	02:26:03 PM
MOVED:	Bacon
MOTION:	Moved prepared amendment L.008 (Attachment B). The motion passed without objection.
SECONDED:
		VOTE
	Bacon
	Dyer	Excused
	Gordon
	Mitchell
	Traylor
	Shaffer
	Grossman
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1151
TIME:	02:27:15 PM
MOVED:	Bacon
MOTION:	Refer House Bill 06-1151, as amended, to the Committee on Appropriations with a favorable recommendation. The motion passed on a vote of 4-0.
SECONDED:
		VOTE
	Bacon	Yes
	Dyer	Excused
	Gordon	Yes
	Mitchell	Excused
	Traylor	Yes
	Shaffer	Yes
	Grossman	Excused
Final YES: 4 NO: 0 EXC: 3 ABS: 0 FINAL ACTION: PASS

02:29 PM -- House Bill 06-1153

Senator Mitchell, sponsor, presented House Bill 06-1153 concerning changes to Colorado's sex offender registration laws. The bill as amended by the House Judiciary Committee on February 2, 2006, eliminated the bill's provision creating a new Class 6 felony for individuals who assist a sexually violent predator with eluding address verification. As such, the amended bill removes the additional costs identified for the Department of Corrections as well as the potential increase in new fine revenue.
However, the bill still requires the Colorado Bureau of Investigation (CBI) to use analytical resources to determine the possible whereabouts of sex offenders who fail to register. The CBI is required to provide this information to local law enforcement agencies to help them locate and apprehend sex offenders. The bill also requires sex offenders who live in cars, trailers, or mobile homes to provide vehicle specific information (VIN, license plate number, registration, etc.) to authorities when registering as a sex offender.


BILL:	HB06-1153
TIME:	02:30:58 PM
MOVED:	Mitchell
MOTION:	Refer House Bill 06-1153 to the Committee on Appropriations with a favorable recommendation. The motion passed on a vote of 5-0.
SECONDED:
		VOTE
	Bacon	Yes
	Dyer	Excused
	Gordon	Yes
	Mitchell	Yes
	Traylor	Yes
	Shaffer	Yes
	Grossman	Excused
Final YES: 5 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

02:32 PM -- House Bill 06-1363

Senator Shaffer, sponsor, presented House Bill 06-1363 concerning grants for programs designed to prevent juvenile delinquency. The bill, as amended in the House Health and Human Services Committee, the House Finance Committee, and the House Appropriations Committee, creates the Colorado Student Delinquency Prevention Program, within the Tony Grampsas Youth Services Program, to provide grants for before-and-after school programs for youth enrolled in kindergarten and grades 1 through
8. Funding would be provided through a surcharge to be assessed against individuals who commit certain crimes. In addition, beginning with FY 2006-07, the bill requires that 30% of the amount annually appropriated for the Tony Grampsas Youth Services Program be allocated to grants awarded through the delinquency prevention program. The Prevention Services Division in the Department of Public Health and Environment would ensure that at least 15% of the total amount annually available to award through the delinquency prevention program is awarded to entities operating before-and-after school programs in underserved communities.

Beginning July 1, 2006, each person who is convicted in a criminal action (a felony offense or a misdemeanor offense) or adjudicated in a juvenile action (an offense that would constitute a felony offense or a misdemeanor offense if committed by an adult) would be required to pay a surcharge of $75 to the clerk of the court in which the conviction or adjudication occurs. The bill states that the court shall not waive all or any portion of the surcharge unless the court finds that the defendant is indigent or unable to pay the surcharge.

02:37 PM -- Mark Messenbaugh, Boys' and Girls' Clubs of America, spoke in favor of the bill. Mr. Messenbaugh discussed the connection between the programs addressed by this bill and the revenue streams for funding them. He stressed that after school programs are crime prevention tools.

02:41 PM -- Dave Thomas, Colorado District Attorney's Council, spoke in support of the bill. Mr. Thomas reiterated testimony regarding the effectiveness of before and after school programs as crime prevention tools. He talked about the times of day that young people are at risk for committing crimes.

02:42 PM -- Maureen Cain, Colorado Criminal Defense Bar, spoke opposition to the bill. Ms. Cain stressed that she is not opposed to the programs addressed by the bill, but she is opposed to additional surcharges on crimes. She mentioned that, in addition to other fees paid by defendants, this surcharge would be unbearable. The committee discussed the burden to indigent defendants of criminal surcharges.


BILL:	HB06-1363
TIME:	02:50:47 PM
MOVED:	Shaffer
MOTION:	Refer House Bill 06-1363 to the Committee on Appropriations with a favorable recommendation. The motion passed on a vote of 5-1.
SECONDED:
		VOTE
	Bacon	Yes
	Dyer	Excused
	Gordon	Yes
	Mitchell	No
	Traylor	Yes
	Shaffer	Yes
	Grossman	Yes
Final YES: 5 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:55 PM -- House Bill 06-1149

Senator Tupa, sponsor, presented House Bill 06-1149 concerning disclosure of additional information to be submitted by professional lobbyists in connection with their disclosure statements filed with the Secretary of State under the sunshine laws. The bill expands the reporting requirements for lobbyists.

02:58 PM -- Jenni Flannigan, Colorado Common Cause, spoke in support of the bill. Ms. Flannigan mentioned that this bill simply gives legislators and the public more information. The committee discussed the issue around a lobbyist supporting, opposing, or monitoring a bill.


BILL:	HB06-1149
TIME:	03:07:36 PM
MOVED:	Mitchell
MOTION:	Move to amend the reengrossed bill, page 3, line 20, after "OPPOSING,", insert "OR"; line 21, strike "AMENDING OR MONITORING" and substitute "AMENDING" (severed section 1 of the Mitchell amendment). The motion passed without objection.
SECONDED:
		VOTE
	Bacon
	Dyer	Excused
	Gordon
	Mitchell
	Traylor
	Shaffer
	Grossman
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1149
TIME:	03:10:14 PM
MOVED:	Mitchell
MOTION:	Moved to amend page 3, strike line 24, strike "WHERE" strike lines 25-27, page 4, line 1, strike "MATTER." (severed section 2 of the Mitchell amendment). The motion failed 2-3.
SECONDED:
		VOTE
	Bacon	No
	Dyer	Excused
	Gordon	No
	Mitchell	Yes
	Traylor	Yes
	Shaffer	Excused
	Grossman	No
Not Final YES: 2 NO: 3 EXC: 2 ABS: 0 FINAL ACTION: FAIL


BILL:	HB06-1149
TIME:	03:14:28 PM
MOVED:	Mitchell
MOTION:	Move to amend the reengrossed bill, page 3, line 24, strike "OR MONITOR" (severed section 1 of the Mitchell amendment). The motion passed without objection.
SECONDED:
		VOTE
	Bacon
	Dyer	Excused
	Gordon
	Mitchell
	Traylor
	Shaffer
	Grossman
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1149
TIME:	03:14:41 PM
MOVED:	Gordon
MOTION:	Refer House Bill 06-1149, as amended, to the Committee on Appropriations with a favorable recommendation. The motion passed on a vote of 5-0.
SECONDED:
		VOTE
	Bacon	Yes
	Dyer	Excused
	Gordon	Yes
	Mitchell	Yes
	Traylor	Yes
	Shaffer	Excused
	Grossman	Yes
Final YES: 5 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

03:15 PM

Senator Grossman adjourned the committee.