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h_jud_2017a_2017-04-20t13:40:03z3 Hearing Summary

Date: 04/20/2017

Location: RM 271

Final

BILL SUMMARY for HB17-1322



HOUSE COMMITTEE ON JUDICIARY


Votes: View--> Action Taken:
Adopt amendment L.006 (Attachment B). The motion p

Amend amendment L.006, page 1, line 7, after "and"

Refer House Bill 17-1322, as amended, to the Commi
PASS

Pass Without Objection

PASS







02:39 PM -- HB17-1322



The committee came back to order. Representatives Esgar and Landgraf, prime sponsors, presented House Bill 17-1322, concerning an exception to the requirement that certain medical professionals report to law enforcement concerning injuries resulting from domestic violence. The following persons testified regarding HB 17-1322:



02:44 PM --
Ms. Amy Miller, representing the Colorado Coalition Against Domestic Violence, testified in support of the bill. Ms. Miller discussed the importance of domestic violence victims making their own decisions, and cited some statistics on the unintended consequences of domestic violence reporting requirements.



02:52 PM --
Ms. Jennifer Bishara, representing herself, testified in support of the bill. Ms. Bishara recounted some personal experiences pointing to the failures of mandatory domestic violence reporting requirements under certain circumstances.



02:57 PM --
Mr. Tim Johnson, representing the Colorado District Attorneys' Council, testified in opposition to HB 17-1322. Mr. Johnson discussed the rate of domestic violence, and provided background on the creation of mandatory reporting laws for domestic violence. He explained some deficiencies in the bill. Mr. Johnson responded to questions regarding interfering with the decision-making process of victims.





03:07 PM



Mr. Johnson responded to questions regarding the rate at which mandatory reporting laws are triggered in domestic violence cases, and how law enforcement operates on domestic violence cases when the victim refuses to cooperate. Discussion ensued regarding potential liability for domestic violence mandatory reporters.





03:21 PM



Discussion ensued regarding the reasons behind reporting requirements for various evidence presentations, from domestic violence to sexual assault to gunshot wounds. Mr. Johnson responded to questions regarding the ability of mandatory reporters to make visual determinations of domestic violence.



03:30 PM --
Dr. Cory Carroll, representing the Colorado Academy of Family Physicians, testified in support of the bill. Dr. Carroll discussed the importance of listening to patients, and explained how the bill would create a safer environment. Dr. Carroll responded to questions regarding his position on making reporting potential domestic violence by the medical community optional, as opposed to prohibiting such reporting. Discussion ensued regarding the intent of the legislation.





03:43 PM



Discussion ensued regarding certain ethical considerations for doctors as they pertain to mandatory reporting of domestic violence, and the training received by medical professionals to satisfy new reporting laws.



03:49 PM --
Ms. Adrian Van Nice, representing the Twentieth Judicial District, testified in opposition to the bill. Ms. Van Nice explained that mandatory reporting is not intended to remove decision-making from victims, and catalogued the prohibitions in the bill. She discussed the damage caused by domestic violence, and the benefits of reporting it. Discussion ensued regarding the research surrounding domestic violence mandatory reporting, and the optional nature of HB 17-1322.



04:01 PM --
Ms. Meghan Matthews, representing herself, testified in support of the bill. She discussed her research on the effect of existing mandatory reporting laws, such laws in other states, and the impact on victims of domestic violence. Ms. Matthews responded to questions concerning Colorado domestic violence reports and those in other states, and resources available for domestic violence victims in rural Colorado.



04:11 PM --
Ms. Amy Pohl, read the testimony of Jenna Farley, representing the Women's Lobby of Colorado, in support of the bill.



04:14 PM --
Ms. Maralee McLean, representing Moms Fight Back, testified in support of the bill. She discussed the experience of domestic violence victims seeking assistance. Ms. McLean responded to committee questions concerning the bill's mandatory reporting requirements.



04:19 PM --
Ms. Brie Franklin, representing the Colorado Coalition Against Sexual Assault (CCASA), testified in support of bill. She explained the results of a study by CCASA of existing Colorado law concerning sexual assault reporting. She discussed the historical progression of laws concerning marital rape.



04:23 PM --
Douglas County Sheriff Tony Spurlock, representing himself, testified in support of the bill. He discussed the treatment of victims of domestic violence, and stated that the bill should be viewed as a victim's assistance bill and not a tool for prosecution. Sheriff Spurlock also discussed the relationship between victims and physicians. Representative Weismann commented.



04:28 PM --
Ms. Shelby Ramirez Martinez, representing the Colorado Coalition Against Domestic Violence and 9 to 5 Colorado, testified in support of the bill. She discussed her experience as a victim of domestic violence, including avoiding medical treatment due to concerns over whether law enforcement would be notified of the incident.



04:32 PM --
Ms. Kelsey MacKenzie, representing Advocates of Lake County, testified in support of the bill. Ms. MacKenzie, discussed her experiences representing those who did not want mandatory domestic violence reporting to be triggered. She responded to questions regarding confidentiality requirements in her profession.



04:38 PM --
Ms. Nanette Chezum, representing herself, testified in support of the bill. Ms. Chezum discussed the unintended consequences of mandatory reporting requirements.



04:40 PM --
Ms. Lisa Battan, representing herself, testified in support of the bill. Ms. Battan discussed reporting requirements associated with her profession, and instances where domestic violence victims have been harmed as a result of reporting requirements. She explained how the bill will help victims to help themselves.



04:44 PM --
Ms. Barb Paradiso, representing herself, testified in support of HB 17-1322. She discussed issues that various stakeholders have with mandatory reporting of domestic violence. Ms. Paradiso responded to questions regarding the training received by medical professionals on responding to domestic violence.



04:50 PM --
Ms. Carolyn MacCloud, representing herself, testified in support of the bill. Ms. MacCloud read a statement from a victim of domestic violence.



04:52 PM --
Ms. Tara Koumantakis, representing Project Safeguard, testified in support of the bill. Ms. Koumantakis related her experiences in working with victims of domestic violence who are not receiving support through the system, and thus do not want to trigger mandatory reporting.



04:57 PM --
Ms. Jennifer Eyl, representing the Rocky Mountain Children's Law Center, testified in support of the bill. Ms. Eyl explained that the bill would allow domestic violence victims to seek medical attention without involving law enforcement against their wishes.



05:02 PM --
Ms. Sherry Lynn Boyles, representing TESSA, testified in support of HB 17-1322. Ms. Boyles explained how state mandatory reporting laws run contrary to training provided to medical professionals by her organization, and discussed the actions of law enforcement when mandatory reporting is triggered. She discussed recent data on mandatory reporting. Ms. Boyles responded to questions regarding the mechanics of mandatory reporting for domestic violence.



05:08 PM --
Ms. Veronica Horn, representing SPAN, testified in support of the bill. Ms. Horn read a statement discussing the complex issues surrounding mandatory reporting for domestic violence.



05:14 PM --
Ms. Lydia Waligorski, representing the Colorado Coalition Against Domestic Violence, testified in support of the bill. Ms. Waligorski addressed questions and assertions raised during earlier testimony. Ms. Waligorski responded to questions regarding HB 17-1322 and changes to mandatory reporting law adopted during the 2015 legislative session. Ms. Waligorski responded to further questions regarding domestic violence training for medical professionals, and the treatment of sexual assault for mandatory reporting purposes under current law.





05:28 PM



Discussion ensued regarding the efficacy of mandatory interventions for domestic violence, and the efficacy of these interventions in general.



05:35 PM --
Mr. Ed Shackelford, representing the Colorado Senior Lobby, testified in support of the bill. Mr. Shackelford discussed some unintended consequences for seniors of mandatory reporting of potential domestic violence by medical professionals.





05:38 PM



Representative Esgar explained the effect of amendment L.006 (Attachment B). Discussion ensued regarding certain technical and substantive aspects of the amendment. Mr. Richard Sweetman, Office of Legislative Legal Services, provided input on these issues.



17HouseJud0420AttachB.pdf17HouseJud0420AttachB.pdf

BILL: HB17-1322
TIME: 05:42:29 PM
MOVED: Weissman
MOTION: Adopt amendment L.006 (Attachment B). The motion passed on a vote of 9-2.
SECONDED: Lee
VOTE
Benavidez
Yes
Carver
Yes
Foote
Yes
Herod
Yes
Lundeen
Yes
Melton
Yes
Weissman
Yes
Willett
No
Wist
No
Salazar
Yes
Lee
Yes
YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS




BILL: HB17-1322
TIME: 05:42:51 PM
MOVED: Weissman
MOTION: Amend amendment L.006, page 1, line 7, after "and", insert "3 and". The motion passed without objection.
SECONDED: Lee
VOTE
Benavidez
Carver
Foote
Herod
Lundeen
Melton
Weissman
Willett
Wist
Salazar
Lee
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





05:56 PM



Various committee members provided their positions on HB 17-1322. Representatives Esgar and Landgraf provided closing remarks in support of the bill.

BILL: HB17-1322
TIME: 05:57:05 PM
MOVED: Weissman
MOTION: Refer House Bill 17-1322, as amended, to the Committee of the Whole. The motion passed on a vote of 7-4.
SECONDED: Lee
VOTE
Benavidez
No
Carver
Yes
Foote
No
Herod
Yes
Lundeen
Yes
Melton
Yes
Weissman
Yes
Willett
No
Wist
No
Salazar
Yes
Lee
Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS







06:09 PM



The committee recessed.








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