Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON JUDICIARY

Date:01/28/2015
ATTENDANCE
Time:01:30 PM to 05:42 PM
Cooke
X
Guzman
X
Place:SCR 352
Merrifield
*
Lundberg
*
This Meeting was called to order by
Roberts
X
Senator Roberts
This Report was prepared by
Conrad Imel
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB15-037
SB15-030
SB15-048
SB15-067		Postponed Indefinitely
Amended, Referred to the Committee of the Whole
Postponed Indefinitely
Referred to Appropriations


01:31 PM

Senator Roberts, chair, called the meeting to order.


01:31 PM -- SB15-037

Senator Garcia, sponsor, presented Senate Bill 15-037, concerning youthful offenders in corrections, and asked the committee to postpone the bill indefinitely. Senator Garcia explained that there were technical issues with the bill. The committee discussed the reasons for postponing the bill.




















BILL:SB15-037
TIME: 01:32:10 PM
MOVED:Cooke
MOTION:Postpone Senate Bill 15-037 indefinitely. The motion passed on a vote of 3-0.
SECONDED:
VOTE
Cooke
Yes
Guzman
Yes
Merrifield
Excused
Lundberg
Excused
Roberts
Yes
Final YES: 3 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: 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.


02:46 PM -- SB15-048

Senator Roberts, chair, called the meeting back to order.

Senator Heath, sponsor, presented Senate Bill 15-048, concerning requiring youth sports organizations to require criminal history record checks of persons who work with children. Senator Heath explained that SB 15-048 was similar to prior legislation requiring background checks for people working with children in other areas. Senator Heath described the major provisions of the bill. Senator Heath distributed amendment L.006 (Attachment F). Senator Heath responded to questions from the committee regarding the financial impact of the bill and fees required under the bill. The committee received a memorandum (Attachment G) from the bill's fiscal note analyst regarding amendment L.005.

15SenJud0128AttachF.pdf15SenJud0128AttachF.pdf 15SenJud0128AttachG.pdf15SenJud0128AttachG.pdf

02:54 PM -- Ms. Karen Moldovan, representing the Colorado Coalition Against Sexual Assault, testified in support of the bill. Ms. Moldovan discussed sexual abuse of children, generally. Ms. Moldovan stated that background checks were one line of defense against sexual assault. Ms. Moldovan discussed sexual assault and other concerns regarding protection against sexual assault. Ms. Moldovan discussed prior cases of sexual assault against children, suggested additional means for preventing sexual assault against children, and discussed options available in Colorado. Ms. Moldovan responded to questions regarding statistics for sexual assault prosecutions and convictions.








03:04 PM

Senator Heath responded to questions about the definitions in the bill. Ms. Moldovan responded to questions regarding statistics pertaining to organizations in Colorado already performing background checks.

03:08 PM -- Mr. Chris Bray, representing himself and Employment Background Screening of Colorado, testified in support of the bill. Mr. Bray discussed his experience with background checks. Mr. Bray expressed some issues with the bill relating the minimum days required prior to background checks, the thoroughness and accuracy of national criminal background checks, and whether the definitions are sufficiently comprehensive. Mr. Bray responded to questions regarding inaccurate background check results and the procedures used to achieve accuracy. Mr. Bray also discussed national background checks.


03:21 PM

Mr. Bray continued to discuss the accuracy of background checks and the relationship between employment decisions and consumer reporting agency background checks. Mr. Bray responded to questions regarding the cost of consumer reporting agency background checks and how youth sports organizations may cover those costs.

03:28 PM -- Ms. Kathy Oatis, representing Background Information Services, testified in opposition to the bill. Ms. Oatis described the possibilities for inaccurate background checks and explained to the committee that there were issues with some of the language in the bill.

03:32 PM -- Ms. Michelle Peterson, representing herself, testified in support of the bill. Ms. Peterson discussed her background working against sexual assault of children and with youth sports. Ms. Peterson explained that potential offenders are beginning to work with youth sports programs because youth sports have not regulated or monitored adults working in youth sports. Ms. Peterson discussed victims of sexual assault and the costs associated with assaults from other organizations. Ms. Peterson stated that only telling people that background checks are required will discourage offenders from working in youth sports. Ms. Peterson stated that while some organizations already perform background checks, SB 15-048 would ensure that screening would continue in all organizations. Ms. Peterson described some of the cases she is currently working on in other areas in the country.

03:43 PM -- Mr. Randy Kanai, representing the Colorado Amateur Hockey Association (CAHA), testified in support of the bill. Mr. Kanai explained that ten years ago CAHA began background screening for people having contact with youth on a regular basis. Mr. Kanai explained that CAHA began testing because it aligned with the organization's commitment to safety and informed the committee of CAHA's experiences with background checks. Mr. Kanai described a situation when an issue occurred while screening was in place, which caused CAHA to change their hiring procedures.


03:53 PM

Mr. Kanai responded to questions regarding potential burdens placed on youth sports organizations that may come from a more comprehensive policy, and CAHA policies.

03:56 PM -- Mr. Michael Harmon, representing himself, testified in support of the bill. Mr. Harmon discussed his experiences as a youth sports coach in a league that required background checks, and the costs associated with background checks. Mr. Harmon explained his experience administering high school sports as a member of the Evergreen High School Baseball Board, which does not perform background checks. Mr. Harmon also discussed financial and insurance concerns relating to the decision to conduct background checks.





04:01 PM -- Ms. Rachel Sturtz, representing herself, testified in support of the bill. Ms. Sturtz discussed her experiences as a journalist reporting on sexual assaults in youth sports. Ms. Sturtz described various instances of sexual assaults in youth sports. Ms. Sturtz explained that the United States has a decentralized system for monitoring sexual assaults in youth sports, which makes it easier for offenders to continue to work with youth. Ms. Sturtz described instances of parents creating systems to track sexual offenders in youth sports.

04:09 PM -- Ms. Cary Stiever, representing herself, testified in support of the bill. Ms. Stiever testified that she expects organizations in which her children participate to be concerned with the safety of children. Ms. Stiever stated her belief that background checks would help keep children safe. Ms. Stiever testified that she believed background checks were beneficial, even if they would not stop everyone.

04:14 PM -- Mr. Jeff Ruebel, representing Westminster AFC, testified in opposition to the bill. Mr. Ruebel stated that youth sports volunteers were mischaracterized by prior testimony. Mr. Ruebel explained that his organization has background checks in place to protect children. Mr. Ruebel claimed that other youth sports organizations have background check procedures in place. Mr. Ruebel explained that there were problems with the bill, such as not including independent contractors in the requirements for background checks, that the Colorado High School Activities Association was not included in the bill's requirements, and that certain other organizations would not be included under the background check requirement. Mr Ruebel also stated that he believed the bill would give people a false sense of security, and that publicizing procedures would be a better approach for informing parents of child safety.

04:20 PM -- Mr. Josh Opiola, representing Sport Ngin, testified in support of the bill. Mr. Opiola described his experience working with organizations to develop best practices for performing background checks in the organizations' states because each state is different. Mr. Opiola outlined best practices for performing background checks to return the most accurate results. Mr. Opiola discussed national background checks and concerns about child safety. Mr. Opiola provided information on the costs of various background checks. Mr. Opiola responded to a question about the cost of background checks.

04:30 PM -- Ms. Melinda Davis, representing herself, testified in support of the bill. Ms. Davis testified about her experiences with her childrens' youth sports organizations, child safety, and coaches and other adults working in those organizations. Ms. Davis also spoke of liability waivers that parents are required to sign, and her concerns about adults without background checks working with her children. Ms. Davis responded to a question about whether she had worked directly with any youth sports organizations to require background checks. Senator Merrifield commented about Ms. Davis' husband working as a coach.

04:37 PM -- Ms. Patricia Melnice, representing Tough Angels, testified in support of the bill. Ms. Melnice described an experience she had as a child, and her views on sexual assault.

04:44 PM -- Mr. Chris Sansone, representing himself, testified in support of the bill. Mr. Sansone described his experiences as a child. Mr. Sansone described programs available to train adults on how to identify potential offenders. Mr. Sansone stated that he believed the sexual assault of children would be better prevented if it were more openly discussed.

04:50 PM -- Mr. Eric Miller, representing himself, testified in support of the bill. Mr. Miller described his experiences as child. Mr. Miller stated that he believed the bill is a good start to protect children.










04:53 PM

Senator Heath discussed amendment L.006.
BILL:SB15-048
TIME: 04:54:28 PM
MOVED:Merrifield
MOTION:Adopt amendment L.006 (Attachment F). 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 Heath discussed his reasons for sponsoring the bill. Senator Heath stated that he brought the bill in order to be a catalyst for organizations to continue working on the issue of assault against children. The committee discussed the bill.
BILL:SB15-048
TIME: 04:56:25 PM
MOVED:Merrifield
MOTION:Refer Senate Bill 15-048, as amended, to the Committee of the Whole. The motion failed on a vote of 2-3.
SECONDED:
VOTE
Cooke
No
Guzman
Yes
Merrifield
Yes
Lundberg
No
Roberts
No
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL
BILL:SB15-048
TIME: 05:07:56 PM
MOVED:Lundberg
MOTION:Postpone Senate Bill 15-048 indefinitely. The motion passed on a vote of 3-2.
SECONDED:
VOTE
Cooke
Yes
Guzman
No
Merrifield
No
Lundberg
Yes
Roberts
Yes
Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


05:09 PM -- SB15-067

Senator Cooke, sponsor, presented Senate Bill 15-067, concerning increasing the class of offense for ceratin acts of assault against emergency responders. Senator Cooke explained the assault provisions of the bill, and provisions related to committing certain acts against emergency responders.

05:11 PM -- Ms. Heather Finch, representing emergency care providers at the Memorial Hospital Emergency Departments in Colorado Springs, testified in support of the bill. Ms. Finch described her professional experience and her experiences with assault in the emergency response field. Ms. Finch explained that complaints in assault situations were not filed because personnel felt that it was futile. Ms. Finch responded to Senator Merrifield's questions regarding her medical center. Ms. Finch responded to Senator Lundberg's question regarding notice and administration of the bill. Senator Guzman commented on the public education that may need to be instituted for the bill. The committee continued to discuss the notice, public education, and intent aspects relating to the legislation.

05:22 PM -- Mr. Eric Miller, representing himself, testified in support of the bill. Mr. Miller discussed his prior experience with similar legislation during prior sessions. Mr. Miller addressed the committee's comments about intent in instances of assault, and described instances of assault.

05:28 PM -- Mr. Charlie Sheffield, representing the EMS Association of Colorado, testified in support of the bill. Mr. Sheffield stated the bill would protect emergency responders in the field. Mr. Sheffield asked for the committee's support of the bill.

05:29 PM -- Ms. Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill. Ms. Ackerman stated that the bill was important and urged support of the bill.

05:30 PM -- Mr. Arnold Hanuman, representing the Colorado District Attorneys' Council, testified in support of the bill. Mr. Hanuman testified that the bill clarifies and equalizes the charge based on the role of emergency personnel involved in a situation Mr. Hanuman responded to committee questions about the intent requirement in the bill and the fiscal impact of the bill.








05:34 PM -- Ms. Jackie Zheleznyak and Mr. Michael Shadduck, representing themselves, testified in support of the bill. Ms. Zheleznyak testified that the bill was important for emergency responders. Mr. Shadduck presented prepared remarks authored in part by his colleagues at Denver Health Medical. Mr. Shadduck described experiences as a nurse and emergency responder as they pertain to the bill.

Senator Lundberg discussed his position on the bill.
BILL:SB15-067
TIME: 05:39:34 PM
MOVED:Cooke
MOTION:Refer Senate Bill 15-067 to the Committee on Appropriations. 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


05:34 PM

The committee adjourned.