House Committee on Public Health Care & Human Services (03/06/2015)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON PUBLIC HEALTH CARE & HUMAN SERVICES

Date:	03/06/2015	ATTENDANCE

Time:	12:13 PM to 02:09 PM	Conti	*
		Danielson	*
Place:	HCR 0107	Everett	X
		Ginal	*
This Meeting was called to order by		Joshi	X
	Representative Primavera	Landgraf	X
		Melton	X
This Report was prepared by		Moreno	X
	Elizabeth Burger	Sias	*
		Tyler	X
		Windholz	X
		Singer	X
		Primavera	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB15-128 SB15-116		Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole

12:14 PM -- SB 15-128

Representatives Landgraf and Primavera introduced Senate Bill 15-128. The bill adds nurses to the list of personnel in a medical facility required to report to law enforcement when a victim of sexual assault consents to collection of forensic medical evidence. The bill clarifies the types of requests that are required under specific circumstances and specifies that when an anonymous report is made, the medical facility may not provide information identifying the victim and that law enforcement shall not submit the evidence for testing. Under the bill, a victim may speak anonymously to law enforcement and no report is required if evidence is not collected. Representatives Primavera and Landgraf explained the importance of allowing anonymous reporting and walked the committee through the provisions of the bill.

12:24 PM -- Karen Moldovan, Colorado Colation Against Sexual Assault, testified in support of the bill and discussed federal legislation related to forensic exams for sexual assault victims. She stated that current statute requiring medical professionals to report sexual assaults is confusing and in need of clarification. She stated that sexual assault is a unique crime, and many victims do not seek medical care. She stated that many victims choose not to engage with law enforcement and only want medical care following a sexual assault, and that the bill allows adult victims to determine when and how to report sexual assault to law enforcement. She shared a story regarding a victim who could have benefitted from anonymous reporting.

12:31 PM -- Sergeant Matthew Domenico, Brighton Police Department, testified in support of the bill and discussed the changes that his department has implemented with regard to investigations of sexual assault. He discussed the You Have Options Program, which allows victims more control over the sexual assault investigation and described the various reporting options available under the program. Sergeant Domenico stated that the program reduces the barriers to reporting and trauma to victims of sexual assault. He stated that offering victims the option to stay anonymous during the investigation will increase reporting which will allow law enforcement to accurately gauge the threat of sexual assault in the community.

12:37 PM -- Sergeant Michele Wagner, Lakewood Police Department, discussed her experiences investigating sexual assault crimes and noted that law enforcement agencies have changed their approach to sexual assault investigations in recent years to make the process more victim-centered and encourage increased reporting. She stated that the bill will have a minimal impact on law enforcement agencies, but a large impact on victims.

12:42 PM -- Anna Boyd, representing herself, testified in support of the bill and described her experience as a victim of sexual assault. She spoke regarding the importance of the option of anonymity in reporting sexual assaults.

12:44 PM -- Michelle Aswad, representing herself, testified in support of the bill and described her experience as a victim of sexual assault. She spoke regarding the importance of the option of anonymity in reporting sexual assaults.

12:49 PM -- Kim Nash, representing herself and the Colorado Nurses Association and the Colorado Chapter of the International Association of Forensic Nurses, testified in support of the bill and discussed her role as a sexual assault nurse examiner and forensic nurse. She discussed the short- and long-term effects of sexual assault and described her role during a forensic examination. She stated that it is difficult for victims to make decisions while they are in a state of a trauma, and allowing anonymous reporting will give victims options regarding the reporting of sexual assaults.

12:54 PM -- Sheri Kembel, Sexual Assault Response Advocates, Inc., testified in support of the bill and regarding her role as a sexual assault examiner in a rural area. She stated that patients should have choices and time to decide whether to report sexual assault. She stated patients are more likely to receive medical care and to stay involved with law enforcement if they are allowed choices regarding reporting sexual assault.

12:58 PM -- Michelle Spradling, representing herself, testified regarding her experience as a victim of sexual assault and in support of the bill.

01:05 PM

Jerry Barry, Office of Legislative Legal Services, came to the table to respond to questions from the committee regarding existing statutory penalties for medical professionals who do not report certain crimes.

01:10 PM -- Karen Modovan, Colorado Coalition Against Sexual Assault, returned to the table to respond to questions from the committee regarding the bill's provisions adding nurses to the list of mandatory reporters for sexual assault.

01:12 PM

Representatives Landgraf and Primavera gave concluding remarks regarding the bill. Members of the committee commented on the bill.


BILL:	SB15-128
TIME:	01:13:31 PM
MOVED:	Landgraf
MOTION:	Refer Senate Bill 15-128 to the Committee of the Whole. The motion passed on a vote of 13-0.
SECONDED:	Primavera
		VOTE
	Conti	Yes
	Danielson	Yes
	Everett	Yes
	Ginal	Yes
	Joshi	Yes
	Landgraf	Yes
	Melton	Yes
	Moreno	Yes
	Sias	Yes
	Tyler	Yes
	Windholz	Yes
	Singer	Yes
	Primavera	Yes

Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

01:16 PM -- SB 15-116

Representative Garnett introduced Senate Bill 15-116. The bill allows a person to disclose that he or she is in possession of a hypodermic needle without being subject to prosecution for the crime of possession of drug paraphernalia.

01:17 PM -- Alia Al-Tayyib, Denver Public Health, testified in support of the bill and regarding incidents in which law enforcement officers recover hypodermic needles from a person during a search or arrest. She stated that if individuals voluntarily disclose to the law enforcement officer that they have a syringe, many unintentional needle sticks could be avoided. Representative Garnett responded to questions from the committee regarding amendments to the bill made in the Senate. Committee discussion ensued regarding the bill's language permitting the paraphernalia to be used to determine probable cause for the commission of a crime.

01:27 PM -- Lisa Raville, Harm Reduction Action Center and Colorado Organizations Responding to AIDS, testified in support of the bill and discussed state laws related to the possession of syringes and how frequently the crime of possession of drug paraphernalia is charged. She responded to questions from the committee regarding the bill's language regarding probable cause.

01:30 PM -- Arnold Hanuman, Colorado District Attorneys' Council, testified regarding his organization's concerns regarding the bill's original language that they believed may prevent further investigation of criminal activity. Representative Garnett responded to questions from the committee regarding the bill's intent and the bill's language regarding probable cause. Mr. Hanuman responded to questions from the committee regarding probable cause for searches, and committee discussion ensued. Mr. Hanuman clarified that his organization has a neutral position on the bill.

01:44 PM

Representative Garnett explained amendment L.007 (Attachment A). Representatives Melton and Ginal requested that the amendment be severed. The amendment was severed into three sections with severed section A consisting of lines 4 and 5 and 11 through 13, severed section B consisting of lines 2 and 3 and 7 through 10, and severed section C consisting of lines 1 and 6.

150306 AttachA.pdf


BILL:	SB15-116
TIME:	01:45:07 PM
MOVED:	Ginal
MOTION:	Adopt severed section C of amendment L.007 (Attachment A). Severed section C consists of lines 1 and 6. The motion passed without objection.
SECONDED:	Conti
		VOTE
	Conti
	Danielson
	Everett
	Ginal
	Joshi
	Landgraf
	Melton
	Moreno
	Sias
	Tyler
	Windholz
	Singer
	Primavera

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

01:50 PM

Prior to the vote, the committee discussed the terminology "minuscule" and whether the term is defined in statute. Mr. Hanuman returned to the table to discuss the terminology "trace" versus "minuscule."


BILL:	SB15-116
TIME:	01:51:50 PM
MOVED:	Melton
MOTION:	Adopt severed section B of amendment L.007 (Attachment A). Severed section B consists of lines 2 and 3 and 7 through 10. The motion passed without objection.
SECONDED:	Singer
		VOTE
	Conti
	Danielson
	Everett
	Ginal
	Joshi
	Landgraf
	Melton
	Moreno
	Sias
	Tyler
	Windholz
	Singer
	Primavera

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

01:57 PM

Prior to the vote, Mr. Hanuman returned to the table to discuss the amendment.


BILL:	SB15-116
TIME:	01:58:05 PM
MOVED:	Singer
MOTION:	Adopt severed section A of amendment L.007 (Attachment A). Severed section A consists of lines 4 and 5 and 11 through 13. The motion passed on a vote of 12-1.
SECONDED:	Moreno
		VOTE
	Conti	Yes
	Danielson	Yes
	Everett	Yes
	Ginal	Yes
	Joshi	Yes
	Landgraf	Yes
	Melton	No
	Moreno	Yes
	Sias	Yes
	Tyler	Yes
	Windholz	Yes
	Singer	Yes
	Primavera	Yes

YES: 12 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:07 PM

Representative Garnett gave concluding remarks regarding the bill. Members of the committee commented on the bill.


BILL:	SB15-116
TIME:	02:08:59 PM
MOVED:	Singer
MOTION:	Refer Senate Bill 15-116, as amended, to the Committee of the Whole. The motion passed on a vote of 12-1.
SECONDED:	Moreno
		VOTE
	Conti	Yes
	Danielson	Yes
	Everett	Yes
	Ginal	Yes
	Joshi	Yes
	Landgraf	Yes
	Melton	No
	Moreno	Yes
	Sias	Yes
	Tyler	Yes
	Windholz	Yes
	Singer	Yes
	Primavera	Yes

Final YES: 12 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:09 PM

The committee adjourned.