H_JUD_2018A 02/06/2018 01:32:31 PM Committee Summary

The meeting came to order. A quorum was present. Representative Wilson, prime sponsor, presented House Bill 18-1059, concerning a failure to summon emergency assistance.  Representative Wilson explained the effect of the bill and discussed its need.  Discussion ensued regarding common law surrounding a duty to report, and the constitutional ramifications of the government compelling someone to say something.  Discussion followed regarding the impact of the bill on sexual assault reporting.

Discussion ensued regarding a fact pattern where a victim of a crime did not want medical treatment, and the legal implications for a person who became aware of the situation.  Discussion followed regarding differential treatment by the bill of those who participated in the event that resulted in a person's peril, and those who are bystanders or passersby.  Representative Wilson responded to questions regarding the position of law enforcement and prosecutors on HB 18-1059.

Representative Wilson responded to questions about a provision in amendment L.001 (Attachment A) concerning rendering aid to an injured person, and legislation passed in 2017 concerning mandatory reporting.  Representative Wilson responded to further questions regarding language in amendment L.001 that exempts a required reporter from the duties of the bill if reporting will imperil the reporter.

The following persons testified regarding HB 18-1059: Ms. Carrie Thompson, representing the Colorado Criminal Defense Bar, testified in opposition to the bill. Ms. Thompson discussed the difference between a moral and legal obligation to report a perilous situation, and duty-to-report laws in other jurisdictions. She discussed legislating morality. Ms. Thompson responded to questions regarding legislation in other states similar to HB 18-1059, and the creation of mandatory reporting for everyone by amendment L.001. Ms. Thompson responded to further questions regarding potential aggravating factors for those who fail to report under the bill, and factors that a prosecutor may consider in charging someone under HB 18-1059.

Discussion ensued regarding whether the bill would result in state-compelled speech.

Mr. Gregory Staritzky, representing himself, testified in opposition to the bill. Mr. Staritzky explained how multitudes of people might be charged under the bill. Representative Lee explained that the Colorado Bar Association is opposed to HB 18-1059.

Ms. Beverly Sandburg, representing herself, testified in support of the bill.  Ms. Sandburg discussed the death of her daughter from a car accident, which involved an occupant in the car not reporting her imperiled situation.  She discussed the need to deter people from ignoring such situations.

Ms. Bridget Seritt, representing herself, testified in support of the bill. Ms. Seritt discussed some features in the bill, and noted some mandatory reporting laws in Colorado. She discussed the circumstances surrounding a man who was left to die by others, and recounted a similar situation in another state.  Ms. Seritt responded to questions regarding what information was provided to authorities about the man who died.

Ms. Misty Morris, representing herself, testified in support of the bill. She read a written statement from Lisa Albritton, whose brother died when he went missing during a rafting trip. Ms. Morris also recounted an instance where a friend died in a car accident, but the driver did not report the incident, and discussed public sentiment regarding duty-to-report laws.

Ms. Jessica LeRoux, representing herself, testified regarding the bill. Ms. LeRoux discussed her experiences serving with Park County Search and Rescue, during which she has encountered several situations of a person leaving another in peril without reporting it to authorities. She discussed moral bankruptcy. Ms. LeRoux responded to questions regarding reporting the distress of a hiker to authorities.

Various committee members provided their positions on HB 18-1059.  Representative Wilson provided closing remarks in support of the bill.

The committee recessed.

The committee returned to order. Representative Herod, prime sponsor, presented House Bill 18-1020, concerning civil forfeiture reform, and, in connection therewith, changing the entity required to report on forfeitures, expanding the scope of the forfeitures to be reported, establishing grant programs, and changing the disbursement of net forfeiture proceeds.  Representative Herod was joined by Representative Humphrey.  Representative Herod explained the effect of the bill and discussed its need.  Representative Herod responded to questions regarding the distribution of moneys under the bill.  Mr. Chris Creighton, Legislative Council Staff, provided input regarding these distributions.

The following persons testified regarding HB 18-1020: Mr. Stan Hilkey, Executive Director of the Department of Public Safety, and Mr. Irv Halter, Executive Director of Department of Local Affairs, testified in support of the bill. Mr. Hilkey provided background on the genesis of the bill, and discussed the benefits of the Law Enforcement Assistance Grant Program created by the bill.  Mr. Halter discussed reporting requirements associated with civil asset forfeiture. Mr. Halter responded to questions regarding incentives for reporting agencies to comply with the bill. Discussion ensued regarding the types of local districts that might be eligible for grant funding under the bill, and the level of funding implicated by HB 18-1020.

Ms. Denise Maes, representing the ACLU, and Mr. Art Way, representing the Drug Policy Alliance, testified in support of the bill.  Mr. Way spoke to the merits of certain features in the bill.  Ms. Maes discussed the oversight benefits of the bill.

Mr. Ron Sloan, representing the Colorado Association of Chiefs of Police, and Ms. Adeline Hodge, representing the Colorado Fraternal Order of Police, testified in support of HB 18-1020. Ms. Hodge read a statement about the process by which the bill was created, and discussed the merits of the legislation.  Ms. Hodge responded to questions regarding the position of her organization on amendments L.001 (Attachment B), L.002 (Attachment C), and L.003 (Attachment D).  Mr. Sloan discussed the merits of the Law Enforcement Assistance Grant Program.

Ms. Jessica LeRoux, representing herself, testified on the bill. Ms. LeRoux discussed the lack of law enforcement attention in rural areas of Park County for certain issues based on asset forfeiture, and provided an overview of a case where assets were confiscated by law enforcement without a conviction. She explained how HB 18-1020 will lead to more asset forfeiture.

Ms. Bridget Seritt, representing the Cannipatient Resource Center of Colorado, testified in opposition to the bill. Ms. Seritt explained how the bill will continue to allow civil asset forfeiture to fund law enforcement activities, and discussed the impacts of asset forfeiture on those growing medical marijuana. She discussed the need to require a criminal conviction for asset forfeiture.

Discussion surrounded amendments L.001, L.002, and L.003.

Representative Herod provided closing remarks in support of HB 18-1020.