House Committee on Judiciary (04/30/2009)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:	04/30/2009	ATTENDANCE

Time:	01:38 PM to 07:39 PM	Apuan	X
		Court	*
Place:	HCR 0107	Gardner B.	*
		King	X
This Meeting was called to order by		Miklosi	X
	Representative Levy	Pace	*
		Roberts	X
This Report was prepared by		Ryden	X
	Jessika Shipley	Waller	X
		McCann	*
		Levy	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB09-284 SB09-287 SB09-241		Referred to the Committee of the Whole Referred to the Committee of the Whole Amended, Referred to Appropriations

01:39 PM -- Senate Bill 09-284

Representative Levy, bill sponsor, presented Senate Bill 09-284 concerning the authority of a law enforcement officer under specified circumstances to prevent a person from communicating with someone other than a peace officer. Current statute allows a member of law enforcement to order phone lines to be cut off in an area if he or she has reason to believe that there is a hostage situation. This bill amends the statute to allow law enforcement to cut off phone lines, Internet access, and to block cellular phone reception if he or she has reason to believe that there is a hostage situation. This authority also applies if a person has barricaded him or herself into a structure without a hostage.

01:41 PM -- David Fisher, Denver Police Department, spoke in support of the bill. Mr. Fisher stated that the bill updates current statute with regard to newer technology. He discussed hostage situations and police response to those situations. The bill removes the requirement that hostages be present in order for law enforcement officials to prevent a suspect from communicating with others.

01:42 PM -- Joe Pelle, County Sheriffs of Colorado, spoke in support of the bill. Sheriff Pelle indicated that the sheriffs unanimously support the bill.

01:43 PM -- Amy Miller, Colorado Coalition Against Domestic Violence, spoke in support of the bill. Ms. Miller stated that the bill represents good public policy and it assists law enforcement in preventing violent situations from escalating. She discussed the use of telecommunications technology by perpetrators of domestic violence.

01:46 PM -- Greg Romberg, Sprint, spoke in support of the bill. Mr. Romberg discussed concerns from telecommunications providers about language in the original bill. He indicated that the bill has been amended to alleviate those concerns. He responded to questions from the committee about various security protocols.


BILL:	SB09-284
TIME:	01:49:22 PM
MOVED:	Levy
MOTION:	Refer Senate Bill 09-284 to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 7-0, with 4 excused.
SECONDED:	Waller
		VOTE
	Apuan	Yes
	Court	Excused
	Gardner B.	Excused
	King	Yes
	Miklosi	Yes
	Pace	Excused
	Roberts	Yes
	Ryden	Yes
	Waller	Yes
	McCann	Excused
	Levy	Yes

Final YES: 7 NO: 0 EXC: 4 ABS: 0 FINAL ACTION: PASS

01:50 PM -- Senate Bill 09-287

Representative Levy, bill sponsor, presented Senate Bill 09-287 concerning the voluntary contribution designation benefiting the Special Olympics of Colorado Fund that appears on the state individual income tax return forms and extending the period for the contribution designation. This bill extends the voluntary contribution designation (or income tax checkoff) benefitting the Special Olympics Colorado Fund from tax year 2009 through tax year 2011. The Special Olympics Colorado Fund provides funding for athletic programs for Colorado children and adults with developmental disabilities. Fund money is used to purchase sports equipment, uniforms, and transportation services. Donations also fund training expenses and year-round event competitions.

The Special Olympics checkoff first appeared on the 1997 income tax form and has received donations for each of the 12 years since. For the most recent two years that the income tax checkoff appeared on the form, total donations were $336,333 and average donations were $10.60.

01:53 PM -- Mindy Watrous, Special Olympics of Colorado, spoke in support of the bill. Ms. Watrous provided background about the Special Olympics and athletes with intellectual disabilities. She distributed talking points about the bill (Attachment A). She discussed the history of the income tax checkoff.

01:57 PM -- Erin Holloway, Special Olympics of Colorado, spoke in support of the bill. Ms. Holloway is a Special Olympics athlete. She discussed how the Special Olympics has changed her life.

02:06 PM

Representative Levy wrapped up her presentation of the bill and asked for a favorable recommendation.


BILL:	SB09-287
TIME:	02:07:26 PM
MOVED:	Levy
MOTION:	Refer Senate Bill 09-287 to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 7-0, with 4 excused.
SECONDED:	Roberts
		VOTE
	Apuan	Yes
	Court	Excused
	Gardner B.	Excused
	King	Yes
	Miklosi	Excused
	Pace	Excused
	Roberts	Yes
	Ryden	Yes
	Waller	Yes
	McCann	Yes
	Levy	Yes

Final YES: 7 NO: 0 EXC: 4 ABS: 0 FINAL ACTION: PASS

02:23 PM -- Senate Bill 09-241

Representatives King and Tipton, bill sponsors, presented Senate Bill 09-241 concerning DNA testing of adults arrested for a felony. The reengrossed bill requires that, after September 30, 2010, every individual who is arrested or charged for a felony provide a DNA sample to the local law enforcement agency as a part of the booking process. In situations where the local law enforcement agency has not collected a sample, the investigating agency or another appropriate agency may obtain the sample. If the Colorado Bureau of Investigation (CBI) already has a DNA sample for the individual, the local law enforcement agency is not required to obtain an additional sample.

Each DNA sample collected under this bill is to be submitted to the CBI for testing. The CBI is responsible for providing all of the materials necessary for the local law enforcement agencies to collect the sample. The CBI also must store and preserve all of the DNA samples collected. The bill specifies a process for samples to be expunged if an individual in certain situations requests it and the CBI is to be fined $25,000 for not complying with the expungement procedures.

Representatives Tipton and King responded to committee questions about the bill. They distributed prepared amendment L.027 (Attachment B) and a memorandum prepared by Legislative Council Staff regarding amendment L.026 (Attachment C). Representative Tipton also distributed information about case law on the subject of DNA evidence (Attachment D).

02:37 PM -- Jan Sepich, representing herself, spoke in support of the bill. Ms. Sepich related details of her experience as the mother of a murder victim. She distributed a packet of pictures and other information about her daughter (Attachment E). She talked about her advocacy for taking DNA samples from felony arrestees. She discussed the collection of DNA evidence and the privacy issues related to the establishment of a DNA database. DNA samples may only be used to check if a crime scene sample matches or not. It does not become a permanent part of a criminal record. Seventeen states and the federal government already have this type of law.

02:53 PM -- Mitch Morrissey, Denver District Attorney, spoke in support of the bill. Mr. Morrissey stated that the bill will give law enforcement the opportunity to save lives, prevent violent crime, and save a tremendous amount of money. He clarified that the DNA sample will be taken during the booking procedure for a felony offense. He talked about the use of DNA evidence to exonerate innocent suspects. He related details of cases in Denver where violent crimes could have been prevented if DNA evidence was collected upon arrest. He stated that there are numerous studies about the effectiveness of this type of law. He believes that millions of dollars every year could be saved at the local level if law enforcement had access to a DNA database. He responded to questions from the committee about case law on the subject of DNA evidence. The committee also discussed issues related to the right to privacy and the collection of DNA samples. Mr. Morrissey responded to questions about the technical aspects of DNA evidence. The committee continued to discuss privacy concerns around the maintenance of DNA evidence databases.

03:54 PM -- Dan Oates, Aurora Police Department and Colorado Association of Chiefs of Police, spoke in support of the bill. Chief Oates stated that the bill applies 21st-century science to make Colorado safer. The chiefs of police believe that DNA is the gold standard of forensics and exonerating the innocent and apprehending the guilty are of paramount importance to law enforcement officials.

03:59 PM -- Pam Shaner, Colorado Bureau of Investigation (CBI), appeared to provide information about the Combined DNA Index System (CODIS) and answer questions. The Department of Public Safety is neutral on the bill. Ms. Shaner discussed state and federal legal authority for the collection of DNA evidence. She talked about the procedure for collecting and storing DNA evidence. She discussed the various privacy concerns that were previously raised. Ms. Shaner used visual aids to show how DNA matches are made.

04:24 PM -- Doug Darr, County Sheriffs of Colorado, spoke in support of the bill. Sheriff Darr talked about the use of DNA evidence to prove innocence or guilt. He discussed his experience as an investigator of violent crime. He reiterated the testimony of prior witnesses regarding the amount of resources that are expended each year to find suspects. DNA is a very sophisticated tool to use in solving crimes. He raised concerns about the fine the bill requires to be assessed if DNA evidence is not properly expunged upon request. Sheriff Darr responded to questions from the committee about the difference between intentional transgressions of the law and a good faith mistake. Amendment L.027 will remove the fine for not expunging DNA evidence. Sheriff Darr discussed the specifics of obtaining a DNA sample when an individual is charged rather than upon arrest.

04:43 PM -- Tom Raynes, Colorado Attorney General's Office, spoke in support of the bill. Mr. Raynes distributed the Anderson v. Commonwealth of Virginia case from the Virginia Court of Appeals in 2007, which ruled that taking of a DNA sample upon arrest in no different than taking fingerprints (Attachment F). He discussed the finding by the Virginia court. He stated that solving crimes is of paramount importance and resources should be used wisely. He responded to questions from the committee about court rulings in other jurisdictions.

04:58 PM -- Charlotte Stevens, representing herself, spoke in support of the bill. Ms. Stevens provided details of her experience as the family member of a rape and murder victim.

05:05 PM -- Susan Berdine, Denver Police Department Crime Lab, spoke in support of the bill. Ms. Berdine provided information about the use of DNA evidence in criminal investigation. She talked about the closure of criminal cases in states that allow DNA collection from felony arrestees. She indicated that the crime lab is audited annually to ensure they are compliant with state and federal rules and laws governing CODIS. Ms. Berdine shared historical information about CODIS. She responded to questions from committees.

05:17 PM -- Mark Randall, Colorado District Attorneys Council, spoke in support of the bill. Mr. Randall reiterated testimony of previous witnesses with regard to the effectiveness of using DNA evidence to solve crimes, both new and old. He responded to questions concerning DNA samples and privacy. The other 17 states with this type of law have determined that taking a DNA sample upon a felony arrest does not violate an individual's constitutional rights. Mr. Randall answered questions about the Anderson case from Virginia that was previously discussed.

05:35 PM -- Steve Siegel, Colorado Organization for Victim Assistance, spoke in support of the bill.

05:37 PM -- Mr. Morrissey returned to discuss the expungement process included in the bill.

05:49 PM -- Catherine Hazouri, ACLU of Colorado, spoke in opposition to the bill. Ms. Hazouri discussed cases of mistaken identity that result in arrests. She stated that providing DNA samples will not help keep innocent people out of jail. She talked about the constitutional issues inherent in the collection of DNA evidence from felony arrestees. She indicated an arrestee is presumed innocent and has a very high expectation of privacy. She raised concerns about the future integrity of the CBI database and familial testing of DNA evidence. She addressed the issue of expungement of biological samples and the advancement of DNA science in the future. She responded to a number of questions from the committee about the 4th amendment problems inherent in the bill.

06:28 PM -- Maureen Cain, Colorado Criminal Defense Bar, spoke in opposition to the bill. Ms. Cain stated that the bill does not adequately address the constitutional problems with the bill. She indicated that the legislative history is clear that the purpose of the bill is to identify perpetrators of past and future cases. She expressed confusion about the various expungement provisions that have been proposed. She asked the committee to refer the matter back to the DNA task force in order to better study the issues raised. She responded to extensive questioning from the committee.


BILL:	SB09-241
TIME:	06:52:55 PM
MOVED:	Pace
MOTION:	Adopt prepared amendment L.030 (Attachment G). The amendment is a SEBEC that simply refers the issue to the DNA task force for further study. The committee discussed the amendment at length. The motion failed on a vote of 4-7.
SECONDED:	Levy
		VOTE
	Apuan	Yes
	Court	No
	Gardner B.	No
	King	No
	Miklosi	Yes
	Pace	Yes
	Roberts	No
	Ryden	No
	Waller	No
	McCann	No
	Levy	Yes

Not Final YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	SB09-241
TIME:	07:01:51 PM
MOVED:	Gardner B.
MOTION:	Adopt prepared amendment L.035 (Attachment H). The amendment removes the surcharge provisions from the bill. The committee discussed the amendment. The motion passed on a vote of 10-1.
SECONDED:	King
		VOTE
	Apuan	Yes
	Court	Yes
	Gardner B.	Yes
	King	Yes
	Miklosi	No
	Pace	Yes
	Roberts	Yes
	Ryden	Yes
	Waller	Yes
	McCann	Yes
	Levy	Yes

Not Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	SB09-241
TIME:	07:10:03 PM
MOVED:	King
MOTION:	Adopt prepared amendment L.027. The amendment makes some technical corrections to the bill and removes the $25,000 fine for not expunging DNA information from the database. The committee discussed the amendment. The motion passed on a vote of 9-2.
SECONDED:	Gardner B.
		VOTE
	Apuan	Yes
	Court	Yes
	Gardner B.	Yes
	King	Yes
	Miklosi	Yes
	Pace	No
	Roberts	Yes
	Ryden	Yes
	Waller	Yes
	McCann	Yes
	Levy	No

Not Final YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	SB09-241
TIME:	07:20:15 PM
MOVED:	Pace
MOTION:	Adopt prepared amendment L.032 (Attachment I). The amendment places an annual reporting requirement on the CBI. Committee members commented about the bill. The motion failed on a vote of 2-9.
SECONDED:	Apuan
		VOTE
	Apuan	Yes
	Court	No
	Gardner B.	No
	King	No
	Miklosi	No
	Pace	Yes
	Roberts	No
	Ryden	No
	Waller	No
	McCann	No
	Levy	No

Not Final YES: 2 NO: 9 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	SB09-241
TIME:	07:22:14 PM
MOVED:	Pace
MOTION:	Adopt prepared amendment L.031 (Attachment J). The motion died for lack of a second.
SECONDED:
		VOTE
	Apuan
	Court
	Gardner B.
	King
	Miklosi
	Pace
	Roberts
	Ryden
	Waller
	McCann
	Levy

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE


BILL:	SB09-241
TIME:	07:37:07 PM
MOVED:	King
MOTION:	Refer Senate Bill 09-241, as amended, to the Committee on Appropriations with a favorable recommendation. The motion passed on a vote of 8-3.
SECONDED:	Gardner B.
		VOTE
	Apuan	Yes
	Court	Yes
	Gardner B.	Yes
	King	Yes
	Miklosi	No
	Pace	No
	Roberts	Yes
	Ryden	Yes
	Waller	Yes
	McCann	Yes
	Levy	No

Final YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

07:39 PM

Adjourned.