Date: 03/22/2012

Final
BILL SUMMARY for SB12-102

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Refer Senate Bill 12-102 to the Committee of the WPASS



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.