Date: 01/28/2015

Final
BILL SUMMARY for SB15-030

SENATE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Adopt amendment L.005 (attachment B). The motion p
Adopt amendment L.006 (attachment C). The motion p
Refer Senate Bill 15-030, as amended, to the Commi		Pass Without Objection
Pass Without Objection
PASS



01:32 PM -- SB15-030

Senator Carroll, sponsor, presented Senate Bill 15-030, concerning prostitution defense for human trafficking victims. Senator Carroll distributed a packet of information to the committee (Attachment A). Senator Carroll discussed human trafficking and criminal records. Senator Carroll distributed amendment L.005 (Attachment B), amendment L.006 (Attachment C), and a preamended version of the bill (Attachment D). Senator Carroll discussed the amendments.

15SenJud0128AttachA.pdf15SenJud0128AttachA.pdf 15SenJud0128AttachB.pdf15SenJud0128AttachB.pdf

15SenJud0128AttachC.pdf15SenJud0128AttachC.pdf 15SenJud0128AttachD.pdf15SenJud0128AttachD.pdf

01:39 PM -- Dr. Daniel Shapiro, representing himself, testified in support of the bill. Dr. Shapiro discussed his experiences working in Nevada clinics. Dr. Shapiro outlined the consequences for people who receive criminal convictions and spoke on violence relating to prostitution. Dr. Shapiro responded to questions from the committee.

01:48 PM -- Ms. Billie McIntire, representing the Social Wellness Advocacy Network, testified in support of the bill. Ms. McIntire discussed criminal concerns for victims of human trafficking as it relates to prostitution, and the consequences and ramifications thereof. Ms. McIntire spoke about other issues surrounding the victims of human trafficking.

01:54 PM -- Senator Carroll presented written testimony from Patricia McIntire, who could not attend the meeting in person, in support of the bill. Ms. McIntire's testimony discussed human trafficking and the commercial sex industry. The testimony also discussed the experiences of Ms. McIntire's daughter.

01:55 PM -- Ms. Allison Timm, representing the Social Wellness Advocacy Network, testified in support of the bill. Ms. Timm provided information relating to victims of human trafficking. Ms. Timm discussed research relating to criminal charges, for other crimes, of victims of human trafficking. Ms. Timm responded to questions from the committee regarding the crime of human trafficking.

02:02 PM -- MWF, representing herself, described her experience with violent crime.

02:04 PM -- Ms. Kim Dvorchak, representing the Colorado Juvenile Defenders Center, testified in support of the bill. Ms. Dvorchak stated that she believed the bill would help current cases.

02:06 PM -- Ms. Karen Moldovan, representing Colorado Coalition Against Sexual Assault, testified in support of the bill. Ms. Moldovan discussed the issues concerning victims of sexual assault. Ms. Moldovan stated that criminalizing victims of human trafficking stigmatizes the victims and does not help them recover from their experience. She stated that the bill allows for judicial discretion but requires the court to consider human trafficking. Ms. Moldovan discussed prior legislation, and that victims of human trafficking should have the same protection provided to people in other situations.

02:10 PM -- Ms. Denise Maes, representing the ACLU of Colorado, testified in support of the bill. Ms. Maes stated that victims of human trafficking charged with criminal prostitution should not be burdened by the criminal justice process. Ms. Maes stated that the bill provides for the possibility of redemption for victims of human trafficking and helps reintegration into society. Ms. Maes informed the committee that other states have laws similar to SB 15-030. Ms. Maes explained both the near and long-term consequences of a charge or conviction for prostitution.

02:13 PM -- Mr. Claude d'Estree, representing the University of Denver, Human Trafficking Center, testified in support of the bill. Mr. d'Estree provided the committee with a written copy of his testimony, as well as that of Ms. Monica Peterson and Mr. Rex Hamaker, who both testified following Mr. d'Estree (Attachment E). Mr. d'Estree suggested that the bill needed additional provisions to be complete. In response to a committee question, Mr. d'Estree stated that he agreed with much of the prior testimony, but that certain proof requirements in the bill may be difficult when dealing with cases that occurred many years ago.

15SenJud0128AttachE.pdf15SenJud0128AttachE.pdf

02:21 PM -- Ms. Monica Petersen, representing the University of Denver, Human Trafficking Center, testified in support of the bill. Ms. Petersen testified on changes she would like to see made to the bill relating to documentation available to prove victimization of human trafficking.

02:24 PM -- Mr. Rex Hamaker, representing the University of Denver, Human Trafficking Center, testified in support of the bill. Mr. Hamaker testified that the bill only covered sex trafficking victims, and did not include other forms of human trafficking. Mr. Hamaker discussed provisions of the bill that he both agreed and disagreed with.

02:28 PM -- Mr. Tom Raynes, representing Colorado District Attorneys' Council, the Colorado Organization for Victim Assistance, and the Chiefs of Police, testified in support of the bill as amended. Mr. Raynes testified that there were variations of this bill, affirmative defenses for prostitution, in 29 states. Mr. Raynes stated that the bill moves the state in the right direction.


02:32 PM

At the request of Senator Roberts, Senator Carroll discussed amendment L.005.
BILL:SB15-030
TIME: 02:34:25 PM
MOVED:Guzman
MOTION:Adopt amendment L.005 (Attachment B). The motion passed without objection.
SECONDED:
VOTE
Cooke
Guzman
Merrifield
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

Senator Carroll discussed amendment L.006.
BILL:SB15-030
TIME: 02:35:52 PM
MOVED:Guzman
MOTION:Adopt amendment L.006 (Attachment C). The motion passed without objection.
SECONDED:
VOTE
Cooke
Guzman
Merrifield
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

Senator Carroll thanked those involved in the bill and asked the committee to support the bill.
BILL:SB15-030
TIME: 02:36:09 PM
MOVED:Guzman
MOTION:Refer Senate Bill 15-030, as amended, to the Committee of the Whole. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Cooke
Yes
Guzman
Yes
Merrifield
Yes
Lundberg
Yes
Roberts
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


02:37 PM

The committee recessed.