Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY
Date:05/03/2005
ATTENDANCE
Time:11:34 AM to 02:02 PM
Boyd
*
Brophy
X
Place:HCR 0112
Decker
X
Harvey
X
This Meeting was called to order by
Hefley
*
Representative Carroll T.
Jahn
X
Judd
X
This Report was prepared by
Kerr
X
Jennifer Moe
McGihon
X
Carroll M.
*
Carroll T.
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB05-1326
HCR05-1002		Laid Over to May 12
Postponed Indefinitely


11:35 AM -- House Bill 05-1326

The committee came to order. Representative T. Carroll requested that witnesses keep testimony concise and non-repetitive. Representatives Green and Harvey, the co-prime sponsors of HB 05-1326, Concerning Restrictions on Sexually Violent Predators Related to Locations Likely to Contain Children, came to the table to summarize the bill's provisions. Representative Green described the need for the legislation and addressed concerns about the bill that have been brought to her attention. Committee members were provided with Amendment L.002 (Attachment A). Representative Harvey spoke about sex offenders in his and other districts, and explained the provisions of Amendment L.002. Both bill sponsors responded to questions from the committee regarding where sex offenders can live or work in small communities if this legislation passes, how the 1,500 foot-requirement was determined, and the idea of limiting where sex offenders can live versus where they can work. Representative Harvey responded to questions about placing restrictions on offenders who are serving a sentence versus implementing post-sentence restrictions on sex offenders. Representatives Harvey and Green spoke about similar legislation in other states and the extent to which these laws were upheld in court. Committee members commented on the tensions inherent in this type of legislation.

The following people testified on the bill:

12:05 PM -- Mr. Paul Rogers, representing the Douglas County Sheriff's Office, spoke in support of the bill. He spoke briefly about a sex offender in Douglas County.







12:06 PM -- Ms. Cathryn Hazouri, representing the American Civil Liberties Union, spoke in opposition to the bill. She pointed out that the bill does not prevent a sexual predator from preying on children, and noted that the constitutionality of similar laws in other states are being challenged. She responded to questions from the committee. Discussion ensued regarding the constitutional issues.

12:21 PM -- Mr. Preston Branaugh, representing himself, spoke in support of the bill and expressed his concerns about sex offenders who live near his home. He responded to questions and comments from the committee.

12:30 PM -- Ms. Angie Hillman, representing herself, spoke in support of the bill. Committee members commented.

12:33 PM -- Ms. Beth Campbell, representing herself, spoke in support of the bill. She described her concerns about a sex offender who lives across the street from her home.

12:37 PM -- Ms. Jenny McMillan, representing the Douglas County Sheriff's Office, spoke in support of the bill and addressed the issue of the community supervision and monitoring of out-of-state sex offenders under the Colorado Lifetime Supervision Law.

12:39 PM -- Mr. Jeff Pemberton, representing himself, spoke in support of the bill and responded to questions from the committee.

12:47 PM -- Ms. Susan Larkin, representing herself, spoke in support of the bill and described her concerns with helping her children understand why sex offenders near her home are potentially dangerous.

12:53 PM -- Mr. David Emerick signed up to testify but indicated he had nothing further to add to the testimony provided by others.

























12:53 PM

The chairman closed the public testimony portion of the hearing, and the committee began considering amendments.
BILL:HB05-1326
TIME: 12:53:54 PM
MOVED:Harvey
MOTION:Move Amendment L.002 (Attachment A). The motion passed without objection.
SECONDED:Brophy
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
BILL:HB05-1326
TIME: 12:55:47 PM
MOVED:Hefley
MOTION:Amend the bill on page 2, line 8, after "laws" insert "of Colorado or another state". The chair ruled the motion out of order and asked that the concern be addressed on second reading.
SECONDED: (none)
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: TIE




01:01 PM

Representatives Green and Harvey made closing comments on the bill. Committee members also commented.
BILL:HB05-1326
TIME: 01:15:31 PM
MOVED:Carroll T.
MOTION:Lay over HB 05-1326 until May 12, 2005. The motion carried on a vote of 7-4.
SECONDED:Carroll M.
VOTE
Boyd
Yes
Brophy
No
Decker
Yes
Harvey
No
Hefley
No
Jahn
Yes
Judd
Yes
Kerr
No
McGihon
Yes
Carroll M.
Yes
Carroll T.
Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS
BILL:HB05-1326
TIME: 01:16:01 PM
MOVED:Brophy
MOTION:Substitute motion to refer HB 05-1326, as amended, to the Committee of the Whole. The substitute motion failed on a vote of 5-6.
SECONDED:Harvey
VOTE
Boyd
Yes
Brophy
Yes
Decker
No
Harvey
Yes
Hefley
Yes
Jahn
No
Judd
No
Kerr
Yes
McGihon
No
Carroll M.
No
Carroll T.
No
Not Final YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL





01:17 PM -- HCR 1002

Representative Lundberg, the prime sponsor of HCR 05-1002, Submitting to the Registered Electors of the State of Colorado an Amendment to Article II of the Constitution of the State of Colorado Concerning Limiting the Legal Status of Marriage to a Marital Relationship Between Persons of the Opposite Sex, explained why he was bringing forth the resolution and summarized its provisions.

The following people testified on the resolution:

01:23 PM -- Mr. Michael Brewer, representing Equal Rights Colorado, spoke in opposition to the resolution. He pointed to ambiguity in the meaning of certain language in the resolution.

01:28 PM -- Ms. Trish Thibodo, representing the Colorado Coalition Against Domestic Violence, spoke in opposition to the resolution and answered questions from the committee.

01:31 PM -- Ms. Cathryn Hazouri, representing the American Civil Liberties Union, spoke in opposition to the resolution and answered questions from the committee.

01:39 PM -- Ms. Marie Rogers, representing herself, spoke in opposition to the resolution

01:43 PM -- Ms. Karen Fox, representing herself, spoke in opposition to the resolution. The chairman commented.

01:48 PM -- Ms. Treon Goossen, representing Concerned Parents of Colorado, spoke in support of sending the resolution to the people of Colorado for a vote. She noted that she was not testifying about the resolution's substance. She responded to questions from the committee.



























01:54 PM

The chairman closed the public testimony portion of the hearing. No amendments were offered by the committee or the bill sponsor. Representative Lundberg spoke to questions about the accuracy of the ballot title, as provided in the resolution. Committee members commented.
BILL:HCR05-1002
TIME: 02:01:21 PM
MOVED:Brophy
MOTION:Refer HCR 05-1002 to the Committee of the Whole. The motion failed when a subsequent substitute motion to postpone the resolution indefinitely passed (see below).
SECONDED:Decker
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: TIE
BILL:HCR05-1002
TIME: 02:01:34 PM
MOVED:McGihon
MOTION:Substitute motion to postpone indefinitely HCR 05-1002. The substitute motion carried on a vote of 6-5.
SECONDED:Carroll M.
VOTE
Boyd
Yes
Brophy
No
Decker
No
Harvey
No
Hefley
No
Jahn
Yes
Judd
Yes
Kerr
No
McGihon
Yes
Carroll M.
Yes
Carroll T.
Yes
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS




02:02 PM

The chairman announced that HB 05-1351 will be heard either Wednesday during lunch or Thursday afternoon at the committee's normal meeting time. He indicated that he would talk with people to determine the best course of action. The committee then adjourned.