h_sa_2016a_2016-04-13t11:38:48z1 Hearing Summary

Date: 04/13/2016

12:05 PM -- HB16-1389



Representative Joshi, sponsor, presented House Bill 16-1389 to the committee. The bill modifies the procedures for photographing a child's body to document evidence of child abuse. The bill defines the terms "visible in plain sight" and "private area of the child" and specifies procedures and restrictions for obtaining photographic evidence of a child's body, with separate standards specified for government employees and for certain health professionals not employed by the government. Photographic evidence of the private area of a child cannot be taken without the consent of a parent or the child, if aged 15 to 18, or a court order. The bill makes exceptions to this restriction for medical emergencies in the case of government employees and for bona fide medical purposes for non-governmental health professionals. The State Board of Human Services is required to adopt rules concerning photographing the private area of a child, including the manner and place of such photographs, the process for parental notification and consent, storage and security of images, and training on how to conduct legal searches and how to perform appropriate searches of the private areas of children.



Committee members discussed the bill with Representative Joshi.



12:09 PM -- Theresa Sidebotham, representing herself, testified in support of the bill. She provided a packet of information (Attachment E) and responded to committee member questions.



Attachment E can be viewed at Legislative Council.





12:35 PM -- Dorothy Macias, representing the Colorado Office of the Child's Representative, testified against the bill and responded to committee member questions.



12:45 PM -- Ron Sloan, representing the Colorado Association of Chiefs of Police, testified against the bill. He noted other organizations opposed to the bill. He responded to committee member questions.





12:55 PM



Representative Joshi wrapped up his presentation of the bill. Committee members commented on the bill.