H_JUD_2018A 03/20/2018 01:36:57 PM Committee Summary

The committee was called to order. A quorum was present. Representative Lundeen, co-prime sponsor, presented House Bill 18-1200, concerning cybercrime, and, in connection therewith, criminalizing using a computer to engage in prostitution of a minor, criminalizing skimming payment cards, and making changes to the penalty structure for cybercrime.  Representative Lundeen explained the effect of the bill and discussed its need. He also explained the effect of amendment L.002 (Attachment A), and responded to questions about the ability to expand the jurisdiction of cybercrime policing beyond the United States. Representative Lundeen responded to questions regarding the position of certain stakeholders on the bill, and the ability of the restrictions of HB 18-1200 to adapt to technological evolution.

Ms. Cynthia Kowert, representing the Department of Law, testified in support of HB 18-1200. Ms. Kowert discussed trends in cybercrime, and noted the benefits of criminalizing certain activities under the bill. Ms. Kowert responded to questions regarding penalties levied under the bill, and addressed the questions about the effect of the bill on international cybercrime. Ms. Kowert addressed additional questions raised during earlier discussion.  Representative Garnett, co-prime sponsor, joined the deliberations. Discussion ensued regarding the ability to prosecute election tampering under the bill.

Mr. Grier Bailey, representing the Colorado-Wyoming Petroleum Marketing Association, testified in support of the bill. Mr. Bailey discussed the criminalization of "skimming" under the bill, whereby credit card information is stolen at gas stations.

Representative Lundeen explained the effect of amendment L.002.

Representatives Wist and Lee provided closing remarks in support of HB 18-1200, as did the co-prime sponsors.

The committee recessed.

The committee returned to order. Representatives Jackson and Carver, prime sponsors, presented House Bill 18-1264, concerning measures to clarify the scope of revenge porn criminal offenses.  Committee members received a fact sheet on the bill, prepared by the Department of Law (Attachment B). Representative Jackson explained the concept of revenge porn, and discussed the need for the bill. Representative Carver discussed the genesis of the legislation, and the effect of HB 18-1264. Representative Carver also discussed the positions of certain stakeholders on the bill, and responded to questions regarding the intent element under the bill.

Ms. Cynthia Kowert, representing the Department of Law, testified in support of the bill. Ms. Kowert explained how the bill strengthens current revenge porn laws. Ms. Kowert responded to questions regarding various departmental jurisdictions involved in the prosecution of revenge porn. Discussion returned to the intent requirement under the bill. Ms. Kowert responded to questions regarding what constitutes posting revenge porn under HB 18-1264, and the applicability of the bill under certain circumstances.

Ms. Cassandra Kirsch, representing the Law Office of Cassandra M. Kirsch, testified in support of HB 18-1264. Ms. Kirsch discussed the damage caused by the perpetration of revenge porn, and ways that perpetrators attempt to circumvent revenge porn laws. She discussed the "newsworthy" provision of the bill, and changing communication norms. Ms. Kirsch responded to questions regarding the ability to seek injunctive relief and civil damages under the bill, and the penalties available under the bill. Discussion ensued regarding the compounding of charges in revenge porn cases. Ms. Kirsch responded to further questions regarding attempts to prosecute revenge porn under other criminal statutes, such as defamation statutes.

Ms. Kirsch responded to questions regarding the types of activities that might qualify images as revenge porn.

Mr. Gary Dawson, representing the Eighteenth Judicial District, testified in support of HB 18-1264. Mr. Dawson explained how the bill will increase the types of images that might result in a prosecution. Mr. Dawson addressed questions raised during earlier discussion.

Ms. Jane Doe, representing herself, testified in support of the bill. Ms. Doe related her experiences as a victim of revenge porn.

No amendments were offered to HB 18-1264. Representative Willett provided his position on the bill. The co-sponsors provided closing remarks in support of the bill.

The committee recessed.

The committee returned to order. Representatives Herod and Willett, prime sponsors, presented SB 18-026, concerning measures to make sex offender registration more effective.  Representative Herod explained the effect of the bill and discussed its need. Representative Willett provided input on the legislation. Representative Herod responded to questions regarding stakeholder positions on the bill.

Ms. Amanda Gall, representing the Colorado District Attorneys' Council, and Ms. Maureen Cain, representing the Office of the State Public Defender, testified in support of the bill. Ms. Cain discussed a project in which she was engaged to remove certain sex offender registrants from the registry. Ms. Cain responded to questions regarding how registrants are granted removal from the registry. Ms. Gall provided input regarding this process. Ms. Gall explained the effect of amendment L.008 (Attachment C). Ms. Cain provided additional input on the effect of the legislation. Ms. Cain responded to questions regarding the effect of the bill in light of a court ruling on sex offender registration.

The committee recessed.

The committee returned to order.

Representative Lee, prime sponsor, presented Senate Bill 18-172, concerning testing of horse racing licensees for the presence of prohibited substances.  Representative Lee explained the effect of the bill and discussed its need. Representative Lee responded to questions regarding the need for the legislation.

Mr. Bruce Seymore, representing Mile High Racing, Mr. Mark Hillman, representing the Colorado Horseracing Association, and Mr. Dan Hartman, representing the Division of Racing, testified in support of the bill. Mr. Hartman explained how the use of alcohol or drugs by jockeys creates safety issues, and discussed the penalties that the Colorado Racing Commission has levied for positive drug or alcohol tests. Mr. Hillman discussed the testing regimen for horse racing in Colorado, and the necessity of testing human racing licensees. Mr. Seymore discussed testing at the entertainment facilities under his purview. Discussion ensued regarding the need for legislation to maintain an alcohol and drug testing regime for horse racing, and the issues addressed by testing.

No amendments were offered to SB 18-172. Various committee members provided their positions on the bill. Representative Lee provided closing remarks in support of the bill.