Final
BILL SUMMARY for HB05-1035

COMMITTEE ON CONFERENCE COMMITTEE

Votes:
Action Taken:
Adopt Amendment 003 (Attachment C), as amended. S
Amend the substitute motion to include the offense
Substitute motion to adopt Amendment 003 (Attachme		PASS
FAIL
FAIL



08:34 AM

Representative Hall, prime sponsor and chair, called the conference committee to order. A quorum was present. Representative Hall explained three amendments that were provided to the conference committee members. Amendment 001 (Attachment A) requires that sex offender registry information be posted on the Internet for offenders who plead down from felony sex offenses to misdemeanor sex offenses. Amendment 002 (Attachment B) allows a court to recommend to law enforcement that information about persons convicted of sex offenses be posted on the Internet. Amendment 003 (Attachment C) lists four of the six misdemeanor sex offenses in statute that can trigger the posting of sex offender registry information on the Internet.


08:36 AM

Representative Williams explained that language on page 2 of Amendment 003 was clarifying language in the bill and was not added by the Senate. Mr. Michael Dohr, Office of Legislative Legal Services, noted that there are no other states that adjudicate juveniles as sexually violent predators and suggested removing the language on page 2, specifically paragraph (b) (III). The conference committee members then discussed the provisions of the amendments and options for amending the bill.


08:49 AM

Representative Madden expressed support for Amendment 003 as well as giving the court discretion to post information about these offenders. Senator Grossman recommended one of two options: listing all six misdemeanor sex offenses and giving the court discretion about posting, or listing four of the six offenses and foregoing the judicial discretion language. Discussion ensued regarding these options, the types of offenses included under the definitions of the six misdemeanor sex offenses, and the range of severity of different sex offenses.


08:58 AM

Representative Hall invited members of the audience to comment briefly. The following people testified on the bill:

08:59 AM -- Ms. Ann Terry, representing the Colorado Department of Public Safety, explained that the offenses of statutory rape and indecent exposure are not minor offenses but are part of a grooming process used by sexual predators in order to further their sexual gratification with gradually escalating behavior.

09:00 AM -- Mr. Gregory Staritzsky, representing himself, asked if immorality was an offense that would warrant posting sex offender registry information about an offender on the Internet. Representative Hall stated that the bill does not address this issue.


09:01 AM

Representative Hall closed public testimony and opened the floor for amendments.
BILL:HB05-1035
TIME: 09:01:19 AM
MOVED:Grossman
MOTION:Adopt Amendment 003 (Attachment C), as amended. Senator Grossman proposed that the bill list all six misdemeanor sex offenses, strike paragraph (b) (III) on page 2 regarding juvenile sexual predators in other states, and add language from Amendment 002 that allows judges to make recommendations to law enforcement regarding the posting of information about sex offenders. Following discussion, Representative Grossman amended his proposed changes to reflect Senator Mitchell's suggestion that judges be given discretion to exclude posting sex offender information. The motion, as amended, carried on a vote of 4-2 at 9:09 A.M.
SECONDED:
VOTE
Madden
No
Grossman
Yes
Carroll T.
No
Mitchell
Yes
Williams
Yes
Hall
Yes
Final YES: 4 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS
BILL:HB05-1035
TIME: 09:02:29 AM
MOVED:Madden
MOTION:Substitute motion to adopt Amendment 003 (Attachment C), as amended. Representative Madden proposed that the bill list four of the six misdemeanor sex offenses, strike paragraph (b) (III) on page 2 regarding juvenile sexual predators in other states, and add the language from Amendment 002 that allows judges to make recommendations to law enforcement regarding the posting of information about sex offenders. Following discussion, Representative Madden amended her proposed changes to reflect Senator Mitchell's suggestion that judges be given discretion to exclude posting sex offender information. The motion, as amended, failed on a vote of 2-4.
SECONDED:
VOTE
Madden
Yes
Grossman
No
Carroll T.
Yes
Mitchell
No
Williams
No
Hall
No
Not Final YES: 2 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: FAIL
BILL:HB05-1035
TIME: 09:05:26 AM
MOVED:Carroll T.
MOTION:Amend the substitute motion to include the offense of statutory rape, as listed in Section 18-3-402 (1) (e), C.R.S. After discussion, the motion failed on a vote of 1-5.
SECONDED:
VOTE
Madden
No
Grossman
No
Carroll T.
Yes
Mitchell
No
Williams
No
Hall
No
Not Final YES: 1 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL

After making the motion, Representative T. Carroll explained his purpose in amending the substitute motion.


09:10 AM

At the suggestion of Mr. Dohr and the request of Representative Madden, the conference committee discussed the need to request permission from the House and Senate to go beyond the scope of differences. The conference committee then adjourned.