Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY
Date:02/17/2005
ATTENDANCE
Time:01:35 PM to 05:54 PM
Boyd
X
Brophy
*
Place:HCR 0112
Decker
X
Harvey
X
This Meeting was called to order by
Hefley
E
Representative Carroll T.
Jahn
X
Judd
X
This Report was prepared by
Kerr
X
Jennifer Moe
McGihon
*
Carroll M.
X
Carroll T.
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB05-1183 (Testimony)
HB05-1200
HB05-1206
HB05-1183 (Action)
HB05-1226
HB05-1270		Witness Testimony Only
Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole
Amended, Referred to Committee on Appropriations
Witness Testimony Only


01:35 PM -- House Bill 05-1183

Representative T. Carroll called the committee to order. A quorum was present. The chairman asked witnesses to limit their testimony to be concise and non-repetitive. Representative Paccione, the prime sponsor of HB 05-1183, Concerning Alcohol Consumption, described the problem of college students who have died by alcohol poisoning and the goal of the legislation she was bringing forward. She stated that 24 cans of beer have the equivalent alcohol content of 1 quart of vodka. She summarized the bill's provisions and mentioned an amendment to remove a safe haven provision from the bill and replace it with a mitigating factor. Representative Paccione answered a question from committee members regarding whether this bill would prohibit someone from providing alcohol to another family's minor child. The chairman referred to Section 18-13-122, C.R.S., which lists exceptions for the offense of providing alcohol to a minor.

Committee members asked for clarification about alcohol that is obtained from the home of an adult who is not physically present and whether that would fall under the definition of procurement. Representative Paccione clarified that the goal of the legislation is to make the provider of alcohol responsible, not someone from whom alcohol was obtained in the course of committing a crime. She also answered questions regarding other potential civil or criminal liability resulting from the legislation, and the safe haven/mitigating factor issue.





The following people testified on the bill:

01:58 PM -- Mr. Patrick Ayers, Ms. Bridget Cunningham, and Ms. Amy Mullineaux, representing themselves, did not commit to a position on the bill but spoke about some of its provisions. Ms. Mullineaux explained that she would be more likely to report a friend in trouble if she was not going to be charged with "minor in possession," also referred to as an MIP. Mr. Ayers and Ms. Cunningham affirmed Ms. Mullineaux's testimony. Ms. Mullineaux responded to questions from the committee regarding the difference in giving immunity to the provider of the alcohol versus giving immunity to someone who reports a person that appears to have overdosed on alcohol. Mr. Ayers responded by stating there is a significant difference between trying to help a friend who may have alcohol poisoning and illegally purchasing alcohol.

02:03 PM -- Ms. Christy Lelait, representing Mothers Against Drunk Driving, spoke in support of the bill. She described the broader set of problems associated with underage drinking.

02:05 PM -- Ms. Denny McGihon, representing herself, spoke in support of the bill.

02:08 PM -- Ms. Maureen Cain, representing the Colorado Criminal Defense Bar, spoke about the MIP provision. She spoke against an affirmative defense provision or a safe haven provision for providers of alcohol to minors, but asked that kids who report a friend in trouble not be charged with an MIP. Ms. Cain and Representative Paccione responded to questions and comments from the committee. The chairman asked if there are other statutes that provide a safe haven for someone who has committed a crime, and at the time, Ms. Cain could not think of any situations in which the person is granted this for self-reporting.

02:15 PM -- Ms. Annmarie Jensen, representing the Colorado Association of Chiefs of Police, spoke in support of granting immunity to someone who reports possible alcohol poisoning rather than someone who provided the alcohol. She also spoke to earlier testimony. Ms. Jensen responded to questions from the committee regarding who might be granted immunity if a group decides a call for help is necessary but designates one person to do it. Committee members were provided with Amendment L.004 (Attachment A), and the chairman granted permission for the committee and witnesses to speak about amendments that may be offered later in the hearing (see action on amendments below). Ms. Jensen described the provisions of L.004. Representative McGihon explained an affirmative defense. Several committee members spoke about their desire to provide immunity to any and all persons who call for medical help for a person who appears to have overdosed on alcohol.

02:25 PM -- Mr. Wes Wright, representing himself, spoke in support of most of the bill's provisions, but spoke against the amendment to increase the MIP penalty. He responded to questions regarding the stiffness of the penalty and his observations about binge drinking on college campuses. The bill sponsor spoke about penalties for repeat MIP offenders.

02:31 PM -- Ms. Kim Robbins, representing CDAC, spoke against the bill. She noted some potential problems for law enforcement that the bill could present by granting immunity to those who call for medical assistance. She answered questions from the committee.












02:37 PM -- Captain Dayton Robinson, representing himself, voiced his concern about the problems for law enforcement in determining who makes a phone call and the complications associated with calls made on someone else's phone. He suggested that the person calling be required to identify himself or herself and any others who are assisting the person in need. He then answered questions from the committee regarding how this might work with operators or with multiple calls for one incident. In response to questions from committee members, Representative Paccione stated that word of mouth would serve as the vehicle for educating students about the changes this bill makes to current law. Mr. Robinson also answered questions about the process of filing charges.


02:45 PM

The chairman announced that, to allow additional amendments to be drafted, the bill would lay over two bills to be heard following the committee's consideration of HB 05-1206. The committee then recessed briefly.


02:51 PM -- House Bill 05-1200

The committee reconvened. Representative Todd, the prime sponsor of HB 05-1200, Concerning the District Attorney's Authority with Respect to Support Enforcement, summarized the bill's provisions.

The following people testified on the bill:

02:53 PM -- Ms. Kim Robbins, representing the Colorado District Attorney's Council, spoke in support of the bill and walked the committee through the bill's provisions. She explained that after 1979 and the passage of the federal Child Support Enforcement Act, child support enforcement was moved to the Department of Human Services (DHS). The stated that enforcement was provided through contracts with district attorneys starting in 1989.

02:55 PM -- Mr. Brian McHugh, representing the 18th Judicial District as its District Attorney, spoke in support of the bill. He stated that Arapahoe County is the only one that contracts with DHS to provide child support enforcement.




















02:56 PM

The chairman closed the public testimony portion of the hearing. No amendments were offered by the committee or the bill sponsor.
BILL:HB05-1200
TIME: 02:57:18 PM
MOVED:Boyd
MOTION:Refer HB 05-1200 to the Committee of the Whole. The motion carried on a vote of 10-0-1.
SECONDED:Brophy
VOTE
Boyd
Yes
Brophy
Yes
Decker
Yes
Harvey
Yes
Hefley
Excused
Jahn
Yes
Judd
Yes
Kerr
Yes
McGihon
Yes
Carroll M.
Yes
Carroll T.
Yes
Not Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


02:58 PM -- House Bill 05-1206

The committee recessed.


03:03 PM

The committee reconvened. Representative Balmer, the prime sponsor of HB 05-1206, Concerning Limitations on a Fugitive's Rights in an Extradition Proceeding, explained how the bill came forward and summarized the bill's provisions. Committee members were provided with Amendment L.001 (Attachment B). The chairman granted permission to speak to the amendment before it is moved by the committee (see action on the amendment below). Representative Balmer summarized the provisions of L.001 and answered questions from the committee.

The following people testified on the bill:

03:11 PM -- Ms. Kim Robbins, representing the Colorado District Attorney's Council, spoke in support of the bill.










03:11 PM -- Sheriff Grayson Robinson, representing the County Sheriffs of Colorado, spoke in support of the bill. He spoke about the efficiencies this would create in behind-the-scenes clerical work.

03:13 PM -- Mr. Mark Noel, representing the Governor's Office, spoke in support of the bill. He explained that the bill comports with processes used by other states such as Maine. He answered questions from the committee.

03:18 PM -- Mr. David Kaplan, representing the Office of the State Public Defender, spoke in opposition to the bill.


03:22 PM

The chairman closed public testimony, and the committee began considering amendments.
BILL:HB05-1206
TIME: 03:23:28 PM
MOVED:Judd
MOTION:Amendment L.001 (Attachment B). The motion passed without objection.
SECONDED:Brophy
VOTE
Boyd
Brophy
Decker
Harvey
Hefley
Excused
Jahn
Judd
Kerr
McGihon
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
















BILL:HB05-1206
TIME: 03:28:46 PM
MOVED:Brophy
MOTION:Refer HB 05-1206, as amended, to the Committee of the Whole. The motion carried on a vote of 9-0-2.
SECONDED:Harvey
VOTE
Boyd
Excused
Brophy
Yes
Decker
Yes
Harvey
Yes
Hefley
Excused
Jahn
Yes
Judd
Yes
Kerr
Yes
McGihon
Yes
Carroll M.
Yes
Carroll T.
Yes
Final YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS


03:29 PM -- House Bill 05-1183

The committee began considering amendments to the bill. Committee members were provided with Amendment L.003 (Attachment C), L.004 (Attachment D), and L.006 (Attachment E). Representative Paccione described the provisions of L.003. Mr. Michael Dohr, Office of Legislative Legal Services, provided background about the social host liability statutes, and stated that the court has interpreted the law narrowly to maintain some measure of liability. Ms. Shane Madsen came to the table at the invitation of the committee and spoke about the civil liability provision.





















BILL:HB05-1183
TIME: 03:29:53 PM
MOVED:McGihon
MOTION:Amendment L.003 (Attachment C). The motion passed without objection.
SECONDED:Carroll M.
VOTE
Boyd
Brophy
Decker
Harvey
Hefley
Excused
Jahn
Judd
Kerr
McGihon
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB05-1183
TIME: 03:37:51 PM
MOVED:McGihon
MOTION:Amendment L.004 (Attachment A). The motion carried on a vote of 9-1-1.
SECONDED:Harvey
VOTE
Boyd
Yes
Brophy
Yes
Decker
No
Harvey
Yes
Hefley
Excused
Jahn
Yes
Judd
Yes
Kerr
Yes
McGihon
Yes
Carroll M.
Yes
Carroll T.
Yes
Not Final YES: 9 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS












03:47 PM

 Committee members were provided with a list of the sentencing schemes for felonies, misdemeanors, and petty offenses (Attachment E). The committee discussed changing the offense level for a third charge of minor in possession (MIP), but decided to research the issue further and address any necessary changes with a second reading amendment. The committee discussed the Amendment L.006, deterrents for alcohol abuse, and the court's sentencing options.
BILL:HB05-1183
TIME: 03:49:43 PM
MOVED:McGihon
MOTION:Amendment L.006 (Attachment D). The motion failed on a vote of 3-7-1.
SECONDED:Carroll M.
VOTE
Boyd
Yes
Brophy
No
Decker
Yes
Harvey
No
Hefley
Excused
Jahn
No
Judd
No
Kerr
No
McGihon
Yes
Carroll M.
No
Carroll T.
No
Not Final YES: 3 NO: 7 EXC: 1 ABS: 0 FINAL ACTION: FAIL

























04:04 PM

Representative Paccione made closing comments on the bill. Committee members also commented on the bill and the problem of alcohol abuse among college students.
BILL:HB05-1183
TIME: 04:05:34 PM
MOVED:Jahn
MOTION:Refer HB 05-1183, as amended, to the Committee of the Whole. The motion carried on a vote of 9-1-1.
SECONDED:Judd
VOTE
Boyd
Yes
Brophy
No
Decker
Yes
Harvey
Yes
Hefley
Excused
Jahn
Yes
Judd
Yes
Kerr
Yes
McGihon
Yes
Carroll M.
Yes
Carroll T.
Yes
Not Final YES: 9 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS


04:06 PM -- House Bill 05-1226

Representative Frangas, the prime sponsor of HB 05-1226, Concerning Identity Theft, walked the committee through the bill's provisions. Committee members were provided with Amendments L.004 (Attachment F) and L.006 (Attachment G). Representative Frangas described his personal interaction with someone who appeared to be searching dumpsters for personal identifying information. He responded to questions from the committee about Section 2 and whether certain scenarios would be considered a violation of the new law. The chair granted permission for the bill sponsor and the witnesses to speak about amendments before the committee moves them (see action on amendments below).

The following people testified on the bill:

04:29 PM -- Mr. Don Childears, representing the Colorado Bankers Association, spoke in support of the bill and Amendment L.007. He described the impact of identity theft on consumers who work to repair their credit, and its significant fiscal impact on banks. He also spoke about the amendments.









04:33 PM -- Mr. Pete Kirchhof, representing the Colorado Credit Union League and Microsoft, spoke in support of the bill and Amendment L.007. He explained that the individuals who were going to speak on behalf of Microsoft were not available, but asked Mr. Kirchhof to express their support for Amendment L.002.

04:36 PM -- Ms. Ellen Swanson, representing the American Association of Retired Persons, spoke in support of the bill. She described the impact of identity theft on the elderly. Committee members were provided with Amendments L.001 (Attachment H), L.002 (Attachment I), L.003 (Attachment J), L.007 (Attachment K), and L.009 (Attachment L).

04:39 PM -- Mr. David Emerick, representing HSBC, spoke in support of the bill with an amendment.

04:40 PM -- Ms. Barbara Walker, representing the Independent Bankers of Colorado, spoke in support of Amendment L.008.

04:41 PM -- Mr. Gregory Staritzky, representing himself, voiced a concern with the bill regarding persons who are dumpster diving but are not looking for personal identifying information. Representative Frangas noted that the bill includes language regarding a person's intent to defraud by gathering this information.

04:47 PM -- Mr. Greg Romberg, representing the Colorado Press Association, spoke about Amendment L.003.


04:49 PM

The chairman closed the public testimony portion of the hearing, and the committee began considering amendments. In response to questions from the committee, the chairman stated that if L.004 passes, then he will rule that Amendment L.003, lines 1 through 4, is a settled question; and he will allow L.003 to be moved and severed as such. The bill sponsor dialogued with the committee regarding some concerns expressed in the testimony. Mr. Emerick returned to the table to discuss the operational concerns of Microsoft to change the term "privacy" to all caps.



















BILL:HB05-1226
TIME: 04:50:09 PM
MOVED:Brophy
MOTION:Move Amendment L.004 (Attachment F). The motion passed without objection.
SECONDED:Boyd
VOTE
Boyd
Brophy
Decker
Harvey
Hefley
Excused
Jahn
Judd
Kerr
McGihon
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB05-1226
TIME: 04:57:33 PM
MOVED:McGihon
MOTION:Move Amendment L.003 (Attachment J). The chairman severed the amendment as follows: Severed Section 1 (lines 1 through 4) and Severed Section 2 (lines 5 through 8). He then ruled that Severed Section 1 was a settled question. The motion on Severed Section 2 passed without objection.
SECONDED:Carroll M.
VOTE
Boyd
Brophy
Decker
Harvey
Hefley
Excused
Jahn
Judd
Kerr
McGihon
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection







BILL:HB05-1226
TIME: 05:00:30 PM
MOVED:McGihon
MOTION:Move Amendment L.001 (Attachment H). The motion passed without objection.
SECONDED:Carroll M.
VOTE
Boyd
Brophy
Decker
Harvey
Hefley
Excused
Jahn
Judd
Kerr
McGihon
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB05-1226
TIME: 05:01:03 PM
MOVED:McGihon
MOTION:Move Amendment L.007 (Attachment K). The motion passed without objection.
SECONDED:Carroll M.
VOTE
Boyd
Brophy
Decker
Harvey
Hefley
Excused
Jahn
Judd
Kerr
McGihon
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection






BILL:HB05-1226
TIME: 05:02:30 PM
MOVED:Judd
MOTION:Substitute motion to L.007 on page 2, lines 10 through 11. The chairman asked Representative Judd to explain the amendment before he would determine if the motion was in order. Following discussion by the committee, Representative Judd amended the substitute motion to add "or another tool" to L.007. Following more discussion, he withdrew the substitute motion.
SECONDED:
VOTE
Boyd
Brophy
Decker
Harvey
Hefley
Excused
Jahn
Judd
Kerr
McGihon
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: TIE

Representative Frangas commented on the substitute motion and responded to questions from the committee about his intent.
BILL:HB05-1226
TIME: 05:07:44 PM
MOVED:Carroll T.
MOTION:Move Amendment L.006 (Attachment G). The motion passed without objection.
SECONDED:Carroll M.
VOTE
Boyd
Brophy
Decker
Harvey
Hefley
Excused
Jahn
Judd
Kerr
McGihon
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection






Prior to the vote, in response to questions from the committee, Mr. Michael Dohr, Office of Legislative Legal Services, explained there was an equal protection issue if the bill did not contain a financial transaction device exemption.
BILL:HB05-1226
TIME: 05:11:34 PM
MOVED:McGihon
MOTION:Refer HB 05-1226, as amended, to the Committee on Appropriations. The motion carried on a vote of 10-0-1.
SECONDED:Jahn
VOTE
Boyd
Yes
Brophy
Yes
Decker
Yes
Harvey
Yes
Hefley
Excused
Jahn
Yes
Judd
Yes
Kerr
Yes
McGihon
Yes
Carroll M.
Yes
Carroll T.
Yes
Not Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


05:14 PM -- House Bill 05-1270

The committee recessed.


05:20 PM

The committee reconvened. Representative Cadman, the prime sponsor of HB 05-1270, Concerning the Broadcast of an Amber Alert in the Case of An Abducted Fetus, described the genesis of the Amber Alert system and the current eligibility requirements for activating the system. He explained why the bill was necessary by relating a recent case in Missouri and by citing various statistics regarding the homicide rate of pregnant women. He then summarized the bill's provisions.

The following people testified on the bill:

05:26 PM -- Ms. Karen Kottmeier, representing herself, spoke in support of the bill.










05:29 PM

Representative Cadman clarified why the current criteria may not be sufficient to trigger an Amber Alert if a pregnant woman is abducted. The committee discussed the need for the bill.


05:43 PM

The chairman closed the public testimony portion of the hearing, and the committee began considering amendments.
BILL:HB05-1270
TIME: 05:44:07 PM
MOVED:Carroll T.
MOTION:Move Amendment L.001 (Attachment M). After discussion, the motion was withdrawn.
SECONDED:Brophy
VOTE
Boyd
Brophy
Decker
Harvey
Hefley
Excused
Jahn
Judd
Kerr
McGihon
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: TIE


05:52 PM

The committee continued its discussion. The chairman then laid the bill over for action only on February 24. He announced the committee's Parole Board briefing at 8:00 a.m. on Friday, February 18, and its sentencing briefing on February 22, 2005 that will extend through lunch.


05:54 PM

The committee adjourned.