72EF0EA8A6A5DDA387258393007D3933 Hearing Summary

The committee recessed.

The committee returned to order. Representatives Soper and Roberts, prime sponsors, presented House Bill 19-1030, concerning creating the crime of unlawful electronic sexual communication.  Representative Soper explained the effect of the bill and discussed its need by outlining a recent criminal case. The members confined their remarks to amendment L.003 (Attachment A), a strike-below amendment. Representative Roberts provided additional information in support of the bill.

Representative Roberts responded to questions regarding the charging crime for the incident referenced by Representative Soper. The following persons testified regarding HB 19-1030:

Mr. David Ulrich, representing Moffat County Schools, testified in support of the bill. Mr. Ulrich provided background on the criminal case referenced by Representative Soper, and explained the need for the bill based on this case.

Mr. Chip McIntyre, representing the Moffat School District, testified in support of the bill. Mr. McIntyre further discussed the referenced criminal case, and explained why the bill would close a loophole in current law.

Mr. Gregory Staritsky, representing himself, testified in opposition to the bill. Mr. Staritsky discussed the classes of persons that are considered "in a position of trust," and issues associated with creating new felonies. He suggested that the bill could be overly broad in scope, and discussed some potential unintended consequences.

Ms. Laurie Rose Kepros, representing the Office of the State Public Defender and the Colorado Criminal Defense Bar, testified in opposition to HB 19-1030.  Ms. Kepros discussed the classes of persons considered to be in positions of trust, and the extension of this role beyond the time of supervision. She discussed the age range associated with the bill.

Mr. Kevin Paul, representing Planned Parenthood, testified in opposition to the bill. He discussed potential unintended consequences of the bill relating to the provision of health care services, and suggested amending the bill. Ms. Kepros responded to questions regarding the charging offenses in the case discussed earlier.

Mr. Landon Gates, representing the Colorado Association for Victim Assistance, testified in support of HB 19-1030.  Mr. Gates discussed the narrowing of the scope of the bill by amendment L.003.

Ms. Amanda Gall, representing the Colorado District Attorneys' Council, testified in support of the bill. Ms. Gall clarified how the bill would harmonize with existing law, and explained its effect. She addressed earlier testimony concerning those in a position of trust. Ms. Laura Richards, representing herself, testified in support of the bill. Ms. Richards discussed the need to protect children from adults who improperly communicate with them. Ms. Gall responded to questions regarding the need for HB 19-1030 in light of existing laws that may criminalize the same behaviors.

Discussion ensued regarding amendment L.003, and issues raised with the amendment during earlier discussion. The committee also discussed the use of communication technology by young people. Discussion returned to potentially unintended consequences from the bill, as amended.

Representative Soper continued to discuss the merits of amendment L.003. The committee recessed.

The committee returned to order. The chair laid over HB 19-1030.