Bill Summary for Bill Number HB12-1304

Date: 02/23/2012

Final
BILL SUMMARY for HB12-1304

HOUSE COMMITTEE ON ECONOMIC AND BUSINESS DEVELOPMENT

Votes: View-->	Action Taken:
Moved to refer House Bill 12-1304 to the Committee	PASS

04:45 PM -- House Bill 12-1304

Representative Barker, prime sponsor, presented House Bill 12-1304. Under current law, disorderly conduct is a class 2 misdemeanor, a class 3 misdemeanor, or a class 1 petty offense, depending on the activities involved. A person commits the offense of disorderly conduct if he or she intentionally, knowingly, or recklessly:

makes a coarse and obviously offensive utterance, gesture, or display in a public place and the utterance, gesture, or display tends to incite an immediate breach of the peace (class 1 petty offense, or class 2 misdemeanor if the offense interferes with a funeral or causes emotional distress at a funeral);
makes unreasonable noise in a public place or near a private residence that he or she does not have a right to occupy (class 1 petty offense, or class 2 misdemeanor if the offense interferes with a funeral or causes emotional distress at a funeral);
fights in a public place (class 3 misdemeanor);
discharges a firearm in a public place, if the person is not a peace officer and is not engaged in lawful target practice or hunting (class 2 misdemeanor); or
displays a deadly weapon, displays any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon, or represents verbally or otherwise that he or she is armed with a deadly weapon in a public place in a manner calculated to cause harm, provided that the person is not a peace officer (class 2 misdemeanor).

This bill adds activating, deactivating, or causing a fire alarm or an exit alarm to sound or preventing a fire alarm from sounding to the list of offenses classified as disorderly conduct. The bill states that such actions would be classified as a class 2 misdemeanor.

In addition, the bill specifies that the definition of "theft detection deactivating device" includes jumper wires, wire cutters, and electronic article surveillance removal devices, and that the definition of "theft detection shielding device" includes foil-lined or otherwise modified clothing, bags, purses, or containers used for avoiding detection devices. Under current law, it is a class 1 misdemeanor for any person to:

knowingly manufacture, distribute, or sell a theft detection deactivating or shielding device with the knowledge that some person intends to use the device to commit theft;
possess a theft detection deactivation or shielding device with the intent to use it, or with the knowledge that some person intends to use it, to commit theft; or
knowingly and without authorization deactivate or remove a theft detection device or any component of one prior to purchasing something in a store.

04:45 PM --

The committee asked the witnesses (all in favor) who signed up if they would not testify and the committee just move the bill. The witnesses deferred. The sponsor had no amendments to offer.


BILL:	HB12-1304
TIME:	04:47:26 PM
MOVED:	Holbert
MOTION:	Moved to refer House Bill 12-1304 to the Committee of the Whole. The motion passed on a vote of 9-0.
SECONDED:	Szabo
		VOTE
	Balmer	Yes
	Holbert	Yes
	Miklosi	Excused
	Priola	Excused
	Singer	Yes
	Soper	Yes
	Swerdfeger	Yes
	Szabo	Yes
	Tyler	Yes
	Williams A.	Excused
	Wilson	Yes
	Swalm	Yes
	Liston	Excused

YES: 9 NO: 0 EXC: 4 ABS: 0 FINAL ACTION: PASS

04:49 PM

The committee adjourned.