H_JUD_2018A 04/24/2018 10:59:18 AM Committee Summary

Representative Michaelson Jenet and Benavidez, prime sponsors, presented House Bill 18-1408, concerning a requirement that the court make a finding of rape if it finds that an act of sexual intrusion or sexual penetration occurred. Representative Michaelson Jenet explained the need for the bill, and the process by which the bill was crafted. Representative Benavidez provided input on the effect of the bill. Discussion ensued regarding the potential for limiting the scope of the bill, and the alignment of the bill with jury instructions.

Ms. Maureen Cain, representing the Office of the State Public Defender, and Ms. Amanda Gall, representing the Colorado District Attorneys' Council, made themselves available to answer questions. Ms. Cain addressed questions raised during earlier discussion. Ms. Gall and Ms. Cain responded to questions regarding the coverage of incest within the scope of the bill. Discussion ensued regarding the list of acts that constitute sex offenses under current law that would fall within the scope of the bill. Representative Michaelson Jenet provided input regarding the drafting process for the bill, and read excerpts from victim letters. Representative Michaelson Jenet responded to questions regarding organizations that support HB 18-1408, and the gravity of the term "rape."

No amendments were offered to HB 18-1408. The co-prime sponsors provided closing remarks in support of the bill.