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50FFEA1BE94FC9368725868C007B84E2 Hearing Summary




PUBLIC
BILL SUMMARY For HB21-1069

HOUSE COMMITTEE ON JUDICIARY
Date Mar 2, 2021      
Location HCR 0107



HB21-1069 - Referred to House Finance


03:29:12 PM  
The committee recessed.
03:38:11 PM  
The committee returned to order. Representatives
Roberts and Carver, prime sponsors, presented House Bill 21-1069, concerning
enhancing the enforcement of crimes of sexual exploitation. Representative
Roberts explained the effect of the bill and discussed its need. Representative
Carver provided additional input on the merits of the legislation. Discussion
ensued regarding certain language stricken by the bill.
03:44:31 PM  
The following persons testified regarding HB 21-1069:

Maureen Cain, representing the Office of the State Public Defender, testified on the bill from an "amend" position.

03:52:07 PM  
Laurie Kepros, representing the Office of the State Public Defender and the Colorado Criminal Defense Bar, testified in opposition to the bill.
03:52:21 PM  
Discussion ensued regarding the effect of charging a separate felony per item of explicit material under the bill on plea bargaining, and certain jurisprudence that may impact HB 21-1069. Ms. Kepros responded to questions regarding the number of felonies that she has seen filed in a particular case for the conduct addressed by the bill.
04:10:51 PM  
Michael Bauman, representing the El Paso County Sheriff's Office, testified in support of HB 21-1069.
04:17:00 PM  
Patrick Gallagher, representing the El Paso County Sheriff's Office, testified in support of the bill.
04:20:12 PM  
Amanda Gall, representing the First Judicial District Attorney, testified in support of the bill. Ms. Gall responded to questions regarding arrest statistics that relate to the bill, and the striking of certain language pertaining to volume of explicit materials by the bill. Ms. Gall responded to further questions regarding how certain fact patterns might be treated under HB 21-1069.
04:51:29 PM  
Discussion ensued regarding potentially expanding the scope of HB 21-1069 to include sexually exploitative audio, and the potential for the bill to result in disparate impact. The committee recessed.
05:05:36 PM  
The committee returned to order. Discussion ensued regarding surcharges levied under HB 21-1069. Discussion returned to levying charges per explicit image under the bill.
05:21:43 PM  
Brian Hardwin, representing the Eighth Judicial District, testified in support of HB 21-1069. Mr. Hardwin responded to questions regarding to difficulties prosecutors encounter in levying child pornography charges based upon technology.
05:33:11 PM  
Christian Mohr, representing the Colorado Bureau of Investigation, made himself available to answer questions, of which there were none.
05:35:01 PM  
The committee recessed.
05:45:18 PM  
The committee returned
to order.  No amendments were offered to HB 21-1069.  The bill
sponsors provided closing remarks in support of the bill.  


06:00:37 PM
Motion Refer House Bill 21-1069 to the Committee on Finance.
Moved Roberts
Seconded Carver
Bacon Yes
Benavidez No
Bockenfeld Yes
Carver Yes
Daugherty Yes
Luck Yes
Lynch Yes
Roberts Yes
Woodrow Yes
Tipper Yes
Weissman Yes
Final YES: 10   NO: 1   EXC: 0   ABS:  0   FINAL ACTION:  PASS






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