h_jud_2018a_2018-03-22t13:37:08z2 Hearing Summary

Representatives Van Winkle and Bridges, co-prime sponsors, presented Senate Bill 18-068, concerning criminalizing false reports. Representative Van Winkle explained the concept of swatting, and discussed the need for the bill. Representative Bridges provided further input on swatting. Representative Bridges responded to questions regarding the typical age of a swatting victim. Discussion ensued regarding amendment L.001 (Attachment D), and the potential for new language in the bill to be duplicitous of current law.

Mr. Tim Lane, representing the Colorado District Attorneys' Council, testified in support of SB 18-068. Mr. Lane discussed the nature of the activities addressed by the bill, and the need to criminalize these activities. Mr. Lane responded to questions regarding why the activities, if resulting in death, could not be prosecuted as reckless manslaughter, and certain language in the bill concerning proximate cause. Ms. Tristan Gorman, representing the Colorado Criminal Defense Bar, testified in opposition to the bill. Ms. Gorman addressed certain language pertaining to bodily injury. Discussion ensued regarding the vagueness of this language.

Discussion continued regarding the vagueness of the bodily injury threshold as a charging element. Ms. Gorman raised concerns about the broadness of the bill's language. Mr. Lane responded to questions regarding the potential to amend the bill to invoke felony murder if false reporting results in death.  He also discussed certain penalty enhancements in the bill.  Discussion followed regarding the ability to gain restitution for swatting events, and the ability to prosecute a swatting call made from outside the state under the bill.

Discussion ensued regarding amendment L.002 (Attachment E).

Various committee members provided their positions on SB 18-068. Representatives Van Winkle and Bridges provided closing remarks in support of the bill.

Mr. Michael Dohr, Office of Legislative Legal Services, clarified the intent of certain portions of SB 18-068. The committee continued to provide their positions on the bill. Representative Lee laid the bill over.