Bill Summary for Bill Number SB09-093

Date: 02/11/2009

Final
BILL SUMMARY for SB09-093

SENATE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Adopt prepared amendment L.001 (Attachment D). Th Refer, as amended, Senate Bill 09-093 to the Commi	Pass Without Objection PASS

01:51 PM -- Senate Bill 09-093

Senator Williams, bill sponsor, explained the provisions of Senate Bill 09-093. She also explained the reasons why she was sponsoring the legislation. Senator Williams discussed an amendment (Attachment D).

01:57 PM

Senator Renfroe asked about the specifics of the amendment.

01:58 PM -- Doug Wilson, representing the Public Defender's Office, spoke in opposition to the bill. However, he indicated that most of his testimony dealt with the parts that will be taken out by the amendment. He stated that he is still opposed to the bill because it will have a fiscal impact.

02:01 PM

Senator Hudak discussed the nature of the problem and asked if the state has the tools to deal with these crimes. Mr. Wilson discussed the fact that each new offense is a cost for his office. Senator Hudak asked about the offenses and whether they fit the crime. Mr. Wilson explained that his opposition is financial and the fact that the crime should not be a felony.

02:12 PM

Senator King asked about the sentencing ranges. Senator Williams distributed a handout with sentencing ranges (Attachment E). Senator Newell asked about situations where this law may apply.

02:17 PM -- Scott Storey, representing the Colorado District Attorneys Council, spoke in support of the bill. Mr. Storey provided historical context concerning the identity theft statutes. He also discussed the nature of identity theft. He discussed deficiencies in the current statute that this bill attempts to bolster. Mr. Storey discussed the difficulty of prosecuting cases where an individual possesses another person's identification, but has not done anything with it yet. He indicated that this bill would enable them to prosecute for those crimes. Mr. Storey discussed the intent of the statutes and the ways in which they would be applied.

02:30 PM

Senator Hudak asked about the crowding in county jails and whether these individuals would be put into county jails. Senator Newell asked about the intent provision in the bill and how intent is proven. Senator Hudak asked about ways to charge people for these types of crimes. Senator Newell asked about ways in which individuals would be charged in current statute if this bill becomes law.

02:57 PM -- Mark Randall, representing the Colorado District Attorneys Council, spoke in support of the bill. Mr. Randall discussed the problem of identity theft, in particular as it relates to children, and the provision that extends the statute of limitation to the discovery of the identity theft. He also discussed the new crime of criminal possession of identification documents. He explained the existing crime of criminal impersonation.

03:07 PM

Senator Hudak asked about the provision of the bill which makes criminal possession of identification documents a crime.

03:24 PM

Senator Newell asked about flexibility in sentencing guidelines. Senator Newell also asked about a potential amendment to the misdemeanor class for possession of one identification document.

03:35 PM

Mr. Randall noted that he believes that the Colorado Coalition Against Domestic Violence also is in support of this bill.

03:37 PM -- Geoff Blue, representing the Attorney General's Office, spoke in support of the bill. He explained that they believe that identity theft is a major problem.

03:39 PM -- Tom Hill, representing the Colorado Sheriff's Association, spoke in support of the bill.

03:40 PM

Senator Williams concluded her discussion of the bill.


BILL:	SB09-093
TIME:	03:41:32 PM
MOVED:	King K.
MOTION:	Adopt prepared amendment L.001 (Attachment D). The motion passed without objection.
SECONDED:
		VOTE
	Hudak
	King K.
	Lundberg
	Newell
	Renfroe
	Carroll M.	Excused
	Morse

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


BILL:	SB09-093
TIME:	03:41:45 PM
MOVED:	King K.
MOTION:	Refer, as amended, Senate Bill 09-093 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	Yes
	Renfroe	Yes
	Carroll M.	Excused
	Morse	Yes

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