House Committee on Judiciary (03/22/2012)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:	03/22/2012	ATTENDANCE

Time:	01:34 PM to 03:20 PM	DelGrosso	X
		Duran	*
Place:	HCR 0107	Kagan	X
		Lee	X
This Meeting was called to order by		Nikkel	X
	Representative Gardner B.	Pabon	*
		Ryden	X
This Report was prepared by		Sonnenberg	X
	Jessika Shipley	Waller	X
		Barker	X
		Gardner B.	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB12-141 SB12-102		Postponed Indefinitely Referred to the Committee of the Whole

01:35 PM -- Senate Bill 12-141

Representative A. Kerr, sponsor, presented Senate Bill 12-141 concerning measures to alleviate difficulties faced by military personnel in qualifying for home mortgage loans. The bill modifies occupancy requirements affecting members of the United States armed services who are deployed away from their active or reserve duty station for a period of 60 days or more and who desire to obtain a loan to purchase a residence into which they plan to move following deployment. To further the public interest, the bill states that a lender shall not declare an otherwise qualified borrower ineligible for a home mortgage loan solely because of his or her deployed status.

Representative A. Kerr distributed prepared amendment L.002 (Attachment A) and explained that the amendment limits the bill's applicability to loans guaranteed by the Veterans' Administration. He indicated that some of the opposition to the bill will be alleviated with the adoption of the amendment. He responded to questions from the committee.

01:42 PM -- Jenifer Waller, representing the Colorado Bankers' Association (CBA), testified in opposition to the bill. Ms. Waller stated that the CBA supports the military, but has problems with specific provisions in the bill She indicated that the CBA would support the bill with the adoption of the amendment. She responded to questions from the committee.

01:49 PM -- Terry Jones, representing the Colorado Mortgage Lenders' Association (CMLA), testified in opposition to the bill. Mr. Jones discussed his professional background. He expressed support for the military, but stated his opinion that the bill will result in serious unintended consequences. He indicated that the CMLA would support the bill with the adoption of the amendment. He responded to questions from the committee.

02:08 PM -- Nate Gorman, representing the United Veterans' Committee of Colorado, testified in support of the bill. Mr. Gorman stated his opinion that the bill will do more good than harm for veterans.

02:10 PM

Representative A. Kerr wrapped up his presentation of the bill and asked for a favorable recommendation. He responded to questions from the committee about the practical effect of the bill.


BILL:	SB12-141
TIME:	02:30:15 PM
MOVED:	Ryden
MOTION:	Adopt prepared amendment L.002 (Attachment A). The motion passed without objection.
SECONDED:	Duran
		VOTE
	DelGrosso
	Duran
	Kagan
	Lee
	Nikkel
	Pabon
	Ryden
	Sonnenberg
	Waller
	Barker
	Gardner B.

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB12-141
TIME:	02:30:36 PM
MOVED:	Ryden
MOTION:	Refer Senate Bill 12-141, as amended, to the Committee of the Whole. The motion failed on a vote of 5-6.
SECONDED:	Duran
		VOTE
	DelGrosso	No
	Duran	Yes
	Kagan	Yes
	Lee	Yes
	Nikkel	No
	Pabon	Yes
	Ryden	Yes
	Sonnenberg	No
	Waller	No
	Barker	No
	Gardner B.	No

YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	SB12-141
TIME:	02:31:26 PM
MOVED:	Waller
MOTION:	Postpone indefinitely Senate Bill 12-141. The motion passed on a vote of 6-5.
SECONDED:	Sonnenberg
		VOTE
	DelGrosso	Yes
	Duran	No
	Kagan	No
	Lee	No
	Nikkel	Yes
	Pabon	No
	Ryden	No
	Sonnenberg	Yes
	Waller	Yes
	Barker	Yes
	Gardner B.	Yes

Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:32 PM -- Senate Bill 12-102

Representative Nikkel, sponsor, presented Senate Bill 12-102. The bill repeals the crime of criminal libel. Under current law, criminal libel is defined as knowingly publishing or disseminating any statement or object tending to blacken the memory of one who is dead, or impeaching the honesty, integrity, virtue, or reputation or exposing the natural defects of one who is alive, thereby exposing such person to public hatred, contempt, or ridicule. Criminal libel is a class 6 felony.

02:35 PM -- Tom Mink, representing The Howling Pig newsletter, testified in support of the bill. Mr. Mink provided details of his experience being charged with criminal libel while he was in college in Weld County. He filed a lawsuit with the American Civil Liberties Union (ACLU) in order to stop Weld County law enforcement authorities from pursuing a criminal investigation and prosecution. The Weld County District Attorney's office declined to prosecute Mr. Mink after the suit was filed. The lawsuit also sought declaratory judgment that Colorado's criminal libel statute is unconstitutional. It further asserted that the seizure of Mr. Mink's computer violated the Fourth Amendment to the United States Constitution and the federal Privacy Protection Act of 1980, and that the seizure of e-mails violated the federal Electronic Communications Privacy Act. In October, 2004, the court ruled that the plaintiffs did not have standing to challenge the constitutionality of the criminal libel statute. The court dismissed all claims and the plaintiffs appealed. In 2007, the Tenth Circuit Court of Appeals held that the facial challenge to the criminal libel statue was moot. The court also held that the prosecutor who approved the warrant to search Mink's home was not entitled to absolute immunity. The case was sent back to the district court for resolution of the claim that Mr. Mink's home was searched illegally. In 2010, the Tenth Circuit ruled that the prosecutor was not entitled to absolute immunity. In June 2011, the district court granted Mr. Mink's motion for summary judgment. The prosecutor appealed and a settlement in late 2011 mooted the appeal and ended the case. Mr. Mink responded to questions from the committee.

02:46 PM -- Denise Maes, representing the ACLU, testified in support of the bill. Ms. Maes stated her opinion that the criminal libel statute is archaic and contains many constitutional infirmities. She discussed these infirmities at length. She indicated that the current law is ambiguous, too broad, and very rarely used. She stated that criminal libel has a chilling effect on First Amendment rights. She responded to questions from the committee.

03:01 PM

The committee discussed the history of charges and convictions under the criminal libel statute.

03:03 PM -- Greg Romberg, representing the Colorado Press Association and the Colorado Broadcasters' Association, testified in support of the bill. Mr. Romberg stated his opinion that the law is antiquated and has a chilling effect on free speech. He indicated that Colorado is in the minority of states that have not yet repealed their criminal libel laws.

03:06 PM -- Michael Dougherty, representing the Colorado Attorney General's Office, testified in support of the bill. Mr. Dougherty stated that libelous conduct does not belong in the criminal arena; it is more appropriately handled in the civil arena. He indicated that such conduct does not breach the public peace and good order. He discussed the history of criminal libel charges in recent years and stated that it is most often charged along with other offenses.

03:12 PM -- Tim Quinn, representing the Colorado Bar Association, testified in support of the bill. Mr. Quinn discussed the historical evolution of the criminal libel statute and relevant case law.


BILL:	SB12-102
TIME:	03:18:07 PM
MOVED:	Nikkel
MOTION:	Refer Senate Bill 12-102 to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED:	Kagan
		VOTE
	DelGrosso	Yes
	Duran	Yes
	Kagan	Yes
	Lee	Yes
	Nikkel	Yes
	Pabon	Yes
	Ryden	Yes
	Sonnenberg	Yes
	Waller	Yes
	Barker	Yes
	Gardner B.	Yes

Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:19 PM

Representative Gardner made closing remarks about committee scheduling.

03:20 PM

The committee adjourned.