Final
BILL SUMMARY for HB05-1116

HOUSE COMMITTEE ON JUDICIARY

Votes:
Action Taken:
Move a conceptual amendment to the introduced bill
Refer HB 05-1116, as amended, to the Committee on
Pass Without Objection
PASS


04:07 PM -- House Bill 05-1116

Representative Crane, the prime sponsor of HB 05-1116, Concerning Identity Theft, described the problem of identity theft in Colorado and its financial impact. He noted a recent news article regarding a victim of identity theft, then summarized the bill's provisions. He also answered questions from the committee.

The following people testified on the bill:

04:14 PM --
Mr. Tom Swanson, representing the American Association of Retired Persons, spoke in support of the bill.

04:15 PM --
Mr. Christopher Nelson, representing the Jefferson County Sheriff's Office, spoke in support of the bill. Committee members were provided with information about trends in identity theft (Attachment G). He answered questions from the committee regarding current state and federal law, how uniformly the law can be implemented and enforced, and the cost of recovering your identity if it is stolen.

04:27 PM -- Mr. Scott Storey, representing the Colorado District Attorney's Council, spoke in support of the bill. He described his experience with victims of identity theft and told the committee about several situations involving identity theft in which consumers solicited help from the 1st Judicial District. He advocated education and deterrence as a means to address the problem. He then responded to questions from the committee.

04:39 PM -- Mr. Brad Shannon, representing the El Paso County Sheriff's Office and the County Sheriffs of Colorado, spoke in support of the bill. He affirmed the previous witness's testimony, stressed the need to increase penalties for committing identity theft, and encouraged the committee to consider also amending the statute of limitations for the crime.

04:41 PM --
Mr. Kelly England, representing the Jefferson County Sheriff's Office, spoke in support of the bill. He cited statistics on identity theft. Committee members were provided with additional written testimony of Mr. England (Attachment H).

04:43 PM --
Mr. Pete Kirchhof, representing the Colorado Credit Union League, spoke in support of the bill, especially increasing the offense level to a class 4 felony. He quantified the impact of identity theft on credit unions in several specific cases.

04:48 PM --
Mr. Rex Wilmonth, representing the Colorado Public Interest Research Group, spoke in support of the bill. He reiterated the previous testimony and mentioned the credit card receipt legislation from 2002 that was alluded to earlier in the committee's discussion.

04:50 PM --
Ms. Rebecca Smith, representing U. S. Bank, spoke in support of the bill. She explained how the bill would help her clients and answered questions from the committee.

04:56 PM --
Ms. Renee Beauregard, Consumers United Association, spoke in support of the bill and explained why it would help her clients.


04:58 PM

The chairman closed the public testimony portion of the hearing, and the committee began considering amendments.
BILL:HB05-1116
TIME: 05:03:10 PM
MOVED:Decker
MOTION:Move a conceptual amendment to the introduced bill: on page 3, line 19, strike "midpoint" and substitute "minimum". The motion passed without objection.
SECONDED:Judd
VOTE
Boyd
Brophy
Decker
Harvey
Hefley
Jahn
Judd
Kerr
McGihon
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


05:04 PM

Committee members commented on the impact of the bill.
BILL:HB05-1116
TIME: 05:05:55 PM
MOVED:Decker
MOTION:Refer HB 05-1116, as amended, to the Committee on Appropriations. The motion carried on a vote of 11-0.
SECONDED:Brophy
VOTE
Boyd
Yes
Brophy
Yes
Decker
Yes
Harvey
Yes
Hefley
Yes
Jahn
Yes
Judd
Yes
Kerr
Yes
McGihon
Yes
Carroll M.
Yes
Carroll T.
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS