h_jud_2017a_2017-02-23t13:35:34z1 Hearing Summary

Date: 02/23/2017

Location: HCR 0112

04:39 PM -- HB17-1109



The committee returned to order. Representatives Carver and Danielson, prime sponsors, presented House Bill 17-1109, concerning prosecuting in one jurisdiction a person who has committed sexual assaults against a child in different jurisdictions. Committee members received a fact sheet supporting the bill (Attachment E). Representative Carver provided background on current law surrounding prosecuting pattern sexual assaults of children, and explained the effect of the bill. Representative Danielson discussed the need for the legislation. The following persons testified regarding the bill:



17HouseJud0223AttachE.pdf



04:44 PM -- Ms. Jill Brodgon, representing the Colorado Coalition Against Sexual Assault, testified in support of the bill. Ms. Brogdon recounted her experiences as a crime victim, and discussed the effect of these events. She discussed the benefits of consolidating jurisdictions for child sexual assault cases.



04:49 PM -- Mr. Landon Gates, representing the Colorado Organization for Victim Assistance, testified in support of the bill. Mr. Gates discussed the impact on victims of being required to participate in multiple trials in multiple locations.



04:51 PM -- Ms. Marijo Rymer, representing the Arc of Colorado, testified in support of HB 17-1109. Ms. Rymer discussed the perpetration of sexual crimes against those with developmental disabilities, and noted the benefits of trial consolidation. Ms. Rymer responded to questions regarding prosecution of crimes perpetrated against those with developmental disabilities.



04:55 PM -- Mr. Bruce Brown, representing the Fifth Judicial District, testified in support of the bill. Mr. Brown discussed the transient nature of those who commit child sexual assault, and difficulties faced by the prosecution in getting the victims to testify in multiple trials.



04:59 PM -- Mr. Tim Lane, representing the Colorado District Attorneys' Council, testified in support of HB 17-1109. Mr. Lane discussed the judicial efficiencies that will be realized under the bill, and explained the current process for prosecuting pattern child sexual assault. He discussed the impact of this process on victims, and addressed a constitutional concern. Mr. Lane responded to questions regarding what constitutes an act in furtherance of sexual assault. Ms. Amy Ferrin, representing the Eighteenth Judicial District, testified in support of the bill. Ms. Ferrin discussed venue issues that prosecutors face in pattern child sexual assault cases. She responded to questions regarding pattern charges that prosecutors may file under current law, and potential double-jeopardy issues.





05:16 PM



Discussion continued regarding potential double-jeopardy issues associated with the bill, and the potential for amending the bill to address these issues.



05:30 PM -- Ms. Maureen Cain, representing the Colorado Criminal Defense Bar and the Office of the State Public Defender, testified in opposition to HB 17-1109. Ms. Cain raised certain constitutional issues with the bill, and responded to questions about these concerns.





05:41 PM



Ms. Cain continued to respond to questions regarding the constitutional issues she raised.





05:52 PM



Mr. Lane and Ms. Ferrin returned to provide clarification on the double-jeopardy issues raised by the bill. Mr. Lane responded to questions regarding the potential for amending the bill to address the issue.





05:57 PM



The committee recessed.





06:06 PM



The committee returned to order. The chair laid over HB 17-1109 until Tuesday, February 28.