Date: 01/28/2013

Final
BILL SUMMARY for HB13-1032

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes: View--> Action Taken:
Moved to postpone indefinitely House Bill 13-1032.
Moved to refer House Bill 13-1032 to the Committee		PASS
Pass Without Objection



02:17 PM -- House Bill 13-1032

The committee was called to order. A quorum was present. Representative Joshi, prime sponsor, presented House Bill 13-1032, concerning offenses against an unborn child. Committee members received a letter from the Colorado Fraternal Order of Police in Support of the bill (Attachment A). Representative Joshi explained the effect of the bill, and discussed its need.

13HseState0128AttachA.pdf13HseState0128AttachA.pdf

02:20 PM

The following persons testified regarding House Bill 13-1032:

02:21 PM -- Ms. Heather Surovik, representing herself, testified in support of the bill. Ms. Surovik related her experiences regarding an automobile accident involving a drunk driver that resulted in the death of her unborn child, and discussed certain events that followed. She also discussed other events that resulted in the deaths of unborn children. Ms. Surovik discussed laws in effect in other states similar to House Bill 13-1032.

02:26 PM -- Ms. Terry Koester, representing herself, testified in support of House Bill 13-1032. Ms. Koester discussed the accident that resulted in the death of Ms. Surovik's unborn child, and the impact of that event.

02:29 PM -- Mr. Russell W. Haas, representing himself, testified in support of the bill. Mr. Haas discussed events leading to the death of an unborn child, and further clarified the effect of the bill.

02:31 PM -- Mr. Kevin Paul, representing Planned Parenthood of the Rocky Mountains, testified in opposition to House Bill 13-1032. Mr. Paul discussed some potentially confusing language in the bill, and the potential establishment of fetal personhood by the bill. Mr. Paul stated the position of Planned Parenthood on the issue, and discussed certain existing laws that address the unlawful termination of a pregnancy. He explained that the circumstances discussed by the previous witnesses may not be addressed by the bill, and further discussed the potential establishment of fetal personhood by the bill. Mr. Paul also explained how the bill would affect certain existing provisions of criminal law. Mr. Paul responded to questions regarding how the situations discussed by the previous witnesses could be addressed by law. Discussion ensued regarding how additional charges could be added to criminal prosecutions when an unborn child is lost in the commission of a crime. Discussion followed regarding the effect of Section 18-3.5-101, C.R.S., and the establishment of the element of intent when an unborn child is lost as a result of a crime.


02:43 PM

Discussion continued regarding the effect of striking the intent element in Section 18-3.5-101, C.R.S.

02:44 PM -- Ms. Ellen Belef, representing herself and We Are Women Colorado, testified in opposition to the bill. Ms. Belef explained that her organization is against the bill because they feel it is an attempt to establish personhood for the unborn, despite the fact that Colorado voters have rejected such fetal personhood measures. Ms. Belef responded to questions regarding how to address the issues raised by those testifying in favor of the bill.


02:48 PM

No amendments were offered to House Bill 13-1032. Representative Joshi made closing remarks in support of the bill. Representative Joshi responded to questions regarding other states that currently have laws in place similar to House Bill 13-1032, and the use of the term "homo sapiens" in the bill. The committee took a short recess during the motion to refer the bill to the Committee on Judiciary.
BILL:HB13-1032
TIME: 02:52:22 PM
MOVED:Dore
MOTION:Moved to refer House Bill 13-1032 to the Committee on Judiciary with a favorable recommendation. The motion failed on a 4-7 vote.
SECONDED:Nordberg
VOTE
Dore
Yes
Foote
No
Humphrey
Yes
Labuda
No
Melton
No
Moreno
No
Nordberg
Yes
Scott
Yes
Williams
No
Salazar
No
Ryden
No
YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:HB13-1032
TIME: 03:00:40 PM
MOVED:Foote
MOTION:Moved to postpone indefinitely House Bill 13-1032. The motion passed on a vote of 7-4.
SECONDED:Salazar
VOTE
Dore
No
Foote
Yes
Humphrey
No
Labuda
Yes
Melton
Yes
Moreno
Yes
Nordberg
No
Scott
No
Williams
Yes
Salazar
Yes
Ryden
Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS



03:03 PM

The committee adjourned.