Bill Summary for Bill Number HB09-1163

Date: 04/20/2009

Final
BILL SUMMARY for HB09-1163

SENATE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Adopt prepared Amendment L.006 (Attachment A). Th Adopt prepared Amendment L.007 (Attachment B). Th Refer House Bill 09-1163, as amended, to the Commi	Pass Without Objection Pass Without Objection PASS

02:35 PM -- House Bill 09-1163

Senator Romer, bill sponsor, presented House Bill 09-1163 concerning crimes in which the victim is a child. He explained that the bill makes a number of changes to laws concerning crimes against children. These include:

adding an element to the crime of internet luring of a child to include instant messaging or text messaging to the means by which an actor can communicate a subsequent prohibited description of sexual conduct to a child under the age of 15 or an individual the actor believes to be under the age of 15;
clarifying the crime of internet sexual exploitation of a child applies to an individual the actor knows or believes to be under the age of 15 and at least four years younger than the actor;
clarifying that previous convictions for child abuse in Colorado or another state apply to the aggravated sentencing provisions for that offense;
making other clarifications with regard to extraordinary aggravating conduct related to child abuse; and
modifying the crime of sexual exploitation of a child by possession of sexually exploitive material to include the possession of one video recording of child pornography.

Senator Romer distributed Amendments L.006 and L.007 (Attachments A and B).

The committee discussed with the bill sponsor the provision of the bill which amends the statute to make it a crime to possess one video recording when the existing statute makes it a crime to possess twenty videos.

02:41 PM -- Mike Harris, representing the Jefferson County District Attorneys Office, spoke in support of the bill. He explained that sexual predators are using cell phones as a means of luring children as opposed to computers. This bill makes it a crime to use instant messaging or text messaging to conduct communications in a sexually explicit manner with a child.

02:48 PM -- Ted Tow, representing the Colorado District Attorneys Council, spoke in support of the bill. He discussed the issue of internet sexual exploitation which makes it clear than an individual engages in this exploitation if he or she believes that it is a child who is being exploited. Mr. Tow explained Amendment L.006 which addresses the issue of text messages and includes them in the law. He also discussed section two of the bill which states that if someone commits child abuse and it is accompanied by an aggravated factor and a prior conviction then the child abuse is a class 5 felony. Currently, this provision only applies to prior convictions in the state and the bill requires a prior conviction, but it could be from anywhere. Amendment L.007 clarifies this section of the bill.

02:55 PM

Mr. Tow discussed the provision of the bill that makes it a crime to possess one video. He noted that a video is a series of pictures so it can be considered to be 20 images. He also stated that he believes that a video is much more reprehensible. The committee continued to discuss the specifics of the bill.

03:06 PM

The committee discussed the unintended consequences of making it a crime if it only includes one image. Senator King asked about the various felony levels and the different crimes in the bill. Mr. Tow discussed the specific crimes in the bill.

03:22 PM

Senator Carroll discussed drawing the distinction between pedophiles and activities that go on between teenagers. Senator Carroll also discussed the provision of the bill which amends the statute from possessing twenty videos to one video. The committee continued to discuss the specifics of the bill.


BILL:	HB09-1163
TIME:	03:42:32 PM
MOVED:	Morse
MOTION:	Adopt prepared Amendment L.006 (Attachment A). The motion passed without objection.
SECONDED:
		VOTE
	Hudak
	King K.
	Lundberg
	Newell	Excused
	Renfroe
	Carroll M.
	Morse

Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1163
TIME:	03:44:30 PM
MOVED:	Morse
MOTION:	Adopt prepared Amendment L.007 (Attachment B). The motion passed without objection.
SECONDED:
		VOTE
	Hudak
	King K.
	Lundberg
	Newell	Excused
	Renfroe
	Carroll M.
	Morse

Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1163
TIME:	03:45:17 PM
MOVED:	Morse
MOTION:	Refer House Bill 09-1163, as amended, to the Committee on Appropriations. The motion passed on a 6-0 roll call vote.
SECONDED:
		VOTE
	Hudak	Yes
	King K.	Yes
	Lundberg	Yes
	Newell	Excused
	Renfroe	Yes
	Carroll M.	Yes
	Morse	Yes

Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS