S_JUD_2021A 03/11/2021 01:31:29 PM Committee Summary

Senator Danielson, bill sponsor, explained Senate Bill 21-088, concerning establishing a civil cause of action for sexual misconduct against a minor.  She discussed sexual abuse trauma and opportunitites for survivors to seek justice through a new cause of action.   

Ms. Kathryn Robb, representing CHILD USAdvocacy, Executive Director, testified in support of the bill. She discussed other state sexual abuse laws and new causes of action.  

Michael Nimmo, representing self, testified in support of the bill. He discussed holding individuals and organizations accountable and answered questions about the constitutionality of the bill. 

Committee discussion followed about retrospective versus retroactive application and constitutional issues. 

Ms. Jennifer Stith, representing WINGS, supporting adult survivors of childhood sexual abuse, testified in support of the bill.  She discussed statutes of limitations and revictimization

Ms Maralee McLean, representing Moms Fight Back, testified in support of the bill. She discussed associated costs of sexual abuse to the victim. 

Anonymous testifier, representing herself as a mother of a survivor, testified in support of the bill. 

Dr. Kerry Englert, representing self, testified in support of the bill. She discussed the need for organizational accountability and transparency. 

Jill Brogdon, representing self, testified in support of the bill. She described her experiences as a victim of child sex trafficking.

Mr. Randy Kady, representing self, testified in support of the bill.  He discussed child sex abuse and organizational accountability. 

Ellen Giarratana, representing Colorado Women's Bar Association, testified in support of the bill. She discussed trauma and institutional accountability. 

Paul Quinn, representing himself, testified in support of the bill.  He discussed the look-back period in Delaware and holding the Catholic Church accountable. 

Mr Jeb Barrett, representing Survivors Network of those Abused by Priests (SNAP), testified in support of the bill. He discussed the importance of civil justice and healing. 

Susan Leighnor, representing self, testified in support of the bill.  She discussed church accountability for abuse, 

Mr. Kristian Roggendorf, representing self, testified in support of the bill. He explained the need for a retroactive cause of action.

Anonymous survivor, representing self, testified in support of the bill. The individual noted that many survivors will not come forward during statute of limitations time periods. 

Jean McAllister, representing Rocky Mountain Victim Law Center and Colorado Organization for Victim Assistance, testified in support of the bill.  She discussed the fiscal note and state agency accountability.  She answered questions from the committee. 

Raana Simmons, representing Colorado Coalition Against Sexual Assault (CCASA), testified in support of the bill.  She discussed cover-ups by public entities and answered questions from the committee about prevention. 

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Ms. Ann Terry, representing Special District Association of Colorado, testified to amend the bill. She discussed governmental entities and  balance of interests. 

Ms. Dianne Criswell, representing Special District Association of Colorado, testified to amend the bill.  She discussed the doctrine of governmental immunity,

Committee members asked questions about governmental immunity and protection. 

Mr. James Avery, representing self, testified in support of the bill.

Senator Evie Hudak, representing Colorado PTA, testified in support of the bill.  She discussed the impact of sexual abuse on children and youth and prevention. 

Ms. Katherine McPhee, representing self, testified in support of the bill.  She discussed proctections for perpetrators. 

Mr. Raymond Harlan, representing Colorado Victims for Justice, testified in support of the bill.

Ms Rosa Derieux, representing Colorado Civil Justice League, testified to amend the bill. She raised constitutional concerns about the bill. 

Mark Behrens, representing American Tort Reform Association, testified in opposition to the bill.  He discussed statute of limitatations and raised concerns about creating a statutory cause of action. 

Committee discussion followed about revival of claims, statute of limitations, civil claims, burden of proof, and standards of conduct. 

 Professor Richard Collins, representing Colorado Catholic Conference, testified in opposition to the bill.  He disussed constitutional issues, cause of action, and time barred claims. 

Mrs. Brittany Vessely, representing Colorado Catholic Conference, testified to amend the bill.  She discussed reparation efforts by the Catholic Church. 

The committee discussed restorative justice and sovereign immunity. 

The chair acknowledged written testimony (Attachment A). 

Senator Danielson distributed and explained Amendment L. 002 (Attachment C) regarding treble damages. 

Senator Danielson distributed and explained Amendment L. 003 (Attachment D) regarding language to include people under the control of a organization. 

Senator Danielson distributed and explained Amendment L. 006 (Attachment F) regarding attorney fees.

Senator Danielson distributed and explained Amendmen L. 007 (Attachment G) regarding the legislative declaration. 

Senator Danielson distributed and explained Amendment  L. 022 regarding duty to defend (Attachment H). 

Senator Gardner distributed and explained Amendment L. 014 (Attachment I) regarding standard of care and notice requirements.

Senators Fields and Danielson made closing comments.

Committee members discussed their reasons in favor of or opposition to the bill. 

Senator Buckner, bill sponsor, explained Senate Bill 21-071, concerning measures to limit the detention of juveniles.  She detailed how the bill removes the option of money bail for youth and reduces the bed cap for juveniles in detention. 

Mr. Arnold Hanuman, representing Colorado District Attorneys Council (CDAC), testified from a neutral position if amended.  He discussed bed caps and juvenile crime.

Kristine Rolfes, representing 18th Judicial District Attorney's Office, testified in opposition to the bill. She expressed concerns about public safety and bed space.

Committee discussion followed about screening tools. 

Ms. Courtney Johnston, representing Denver District Attorney's Office, testified to amend the bill.  She expressed concerns that it goes too far in reducing detention beds. 

Committee discussion ensued about bed count, accessing beds from other jurisdictions, and emergency releases from detention.  

Elise Logemann, representing ACLU-CO, testified in support of the bill.  She distributed a fact sheet (Attachment J) and discussed bed capacity and crime rate.  She answered questions about screening tools. 

Mr. Elie Zwiebel, representing Colorado Juvenile Defender Center, testified in support of the bill.  He discussed how detention is disruptive to education. 

Ms. Jeni Stinson, representing Colorado Criminal Defense Bar, testified in support of the bill.  She discussed bed caps and overrepresentation of kids of color. 

Dr. Apryl Alexander, representing self, testified in support of the bill. She discussed brain development and over-representation of youth of color.

Ms. Sara Strufing, representing Colorado State Public Defenders Office, testified in support of the bill.

Sheri Danz, representing Office of the Child's Representative, testified in support of the bill.

Meghan Baker, representing Disability Law Colorado , testified in support of the bill.  She discussed the over-representation of youth with disabilitie in the juvenile justice system.

Emma Mclean-Riggs, representing ACLU-CO, testified in support of the bill.  She discussed recidivism rates. 

Mr. Philip Cherner, representing Sam Cary Bar Association, testified in support of the bill. He discussed unneeded disproportionate detention.

The Chair acknowledged written testimony submitted on the bill (Attachment K).

Senator Buckner explained Amendment L. 001 (Attachment L), referenced earlier in the hearing. 

Committee members asked questions about the Alternatives to Detention Working Group, as created in the amendment. 

Senator Buckner distributed and discussed Amendment L. 002 (Attachment M) regarding juvenile detention bed capacity. 

Senator Buckner distributed and discussed Amendment  L.003 (Attachment N) regarding accessing juvenile detention beds in other jurisdictions.

Senator Buckner distributed and explained Amendment L.004 (Attachment O) regarding speedy trials.

Senator Buckner made closing remarks.