Bill Summary for Bill Number SB10-080

Date: 02/16/2010

Final
BILL SUMMARY for SB10-080

SENATE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Adopt prepared Amendment L.001 (Attachment A). Th Refer Senate Bill 10-080, as amended, to the Commi	Pass Without Objection PASS

09:44 AM -- Senate Bill 10-080

Senator Carroll, chair, called the meeting to order.

Senator Newell, prime sponsor, presented Senate Bill 10-080. The bill amends the statute concerning civil protection orders to include threats or acts of violence against animals as part of the definition of abuse of the elderly or at-risk adults, domestic abuse, and protection order. It also specifies that when issuing a civil protection order or an emergency protection order, the court may include an order restraining an individual from taking or harming an animal owned by another individual and making arrangements for care of the animal.

Senator Newell distributed prepared Amendment L.001 (Attachment A). She explained the purpose of the bill and provided some statistics concerning the connection between domestic abuse and animal cruelty. She spoke about how concerns about a pet's welfare may influence a domestic violence victim's decision to stay in an abusive relationship.

09:51 AM

Senator Lundberg asked about the relationship between this bill and existing criminal law. He expressed his concerns about the possible unintended consequences of the bill. Senator Newell described the negotiations she undertook concerning the bill, such as conversations with the agricultural community. She noted that the bill is specifically concerned with animal cruelty that occurs within the context of domestic violence.

09:55 AM

Senator King and Senator Newell discussed specific language in the bill. Senator Renfroe asked if the issues raised by the bill are better left to a judge's discretion. Senator Newell pointed out that the provisions of the bill already exist in criminal protection orders. She said that some judges have asked for more clarity on the issue.

The following individuals testified regarding the bill:

09:59 AM -- Mr. Jeff Clayton, representing the Judicial Branch, testified regarding the bill. He spoke about the need to change the effective date of the bill, and said that prepared Amendment L.001 will provide an appropriate effective date. He indicated that the Judicial Branch is neutral on the bill.

10:01 AM -- Ms. Amy Miller, representing the Colorado Coalition Against Domestic Violence, testified regarding the bill. She addressed previous questions and spoke about the co-occurence of domestic abuse and animal abuse. She said that it is important to give victims and the courts options to address the issue of co-occuring domestic violence and animal abuse. Ms. Miller read written testimony from Ms. Jessica Frazier, the Residential Director of Gateway Battered Women's Services.

10:10 AM

In response to a question from Senator Lundberg, Ms. Miller clarified the differences between civil and criminal protection orders. Ms. Miller noted that a criminal protection order expires at the conclusion of a case, and often does not offer protections for children between the parties. Discussion continued between Senator Lundberg and Ms. Miller. Senator Carroll shared additional comments on the subject.

10:16 AM -- Dr. Frank Ascione, the American Humane Endowed Chair and the Executive Director of the Institute for Human-Animal Connection at the Graduate School of Social Work at the University of Denver, testified regarding the bill. He gave examples of the co-occurence of domestic abuse and animal abuse and described how animal abuse may influence the actions of a person who is the victim of domestic violence. Dr. Ascione discussed statistics regarding women who delay going to shelters out of concern for the well-being of their pets. He also cited studies concerning children who are exposed to animal abuse. Senator Lundberg and Dr. Ascione discussed the effects of the bill.

10:24 AM -- Ms. Chris Radeff, representing the Colorado Bar Association, testified regarding the bill. She explained the process of a protection order, and said that the bill does not give an independent action for the protection of an animal, but rather relies on an initial showing of a threat against a person. Ms. Radeff spoke about temporary protection orders and addressed previous questions concerning the provisions of the bill. Senator Newell and Ms. Radeff discussed specific situations in which a protection order may apply.

10:31 AM -- Mr. Grayson Robinson, representing County Sheriffs of Colorado, testified regarding the bill.


BILL:	SB10-080
TIME:	10:34:06 AM
MOVED:	Newell
MOTION:	Adopt prepared Amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:
		VOTE
	Hudak
	King K.
	Lundberg
	Newell
	Renfroe
	Steadman
	Carroll M.

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

10:34 AM

Senator Newell provided closing remarks.


BILL:	SB10-080
TIME:	10:34:56 AM
MOVED:	Newell
MOTION:	Refer Senate Bill 10-080, as amended, to the Committee of the Whole. The motion passed on a 7-0 roll call vote.
SECONDED:
		VOTE
	Hudak	Yes
	King K.	Yes
	Lundberg	Yes
	Newell	Yes
	Renfroe	Yes
	Steadman	Yes
	Carroll M.	Yes

Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS