H_JUD_2016A 02/11/2016 01:33:48 PM Committee Summary

01:34 PM -- HB16-1117



The committee was called to order. A quorum was present. Representatives Saine and Kagan, prime sponsors, presented House Bill 16-1117, concerning a requirement that custodial interrogations related to investigations for certain serious felonies be electronically recorded. Committee members received a fact sheet about recording custodial interrogations (Attachment A). Representative Kagan explained the effect of the bill and discussed its need. He also discussed the collaborative process that resulted in the bill. Representative Saine provided input on the bill's merits. Representative Kagan responded to questions regarding why the bill's scope is limited to certain classes of crimes, and the current frequency of the use of audio-video recording for interrogations in Colorado.



16HouseJud0211AttachA.pdf































01:44 PM



Representative Kagan responded to questions regarding whether any jurisdictions require audio-video recording of interrogations, and the use of such recordings in trial under the bill. Discussion ensued regarding the ability of a court to exclude interrogatory evidence under the bill, and the technology to be used for recording under the bill. The following persons testified regarding HB 16-1117:



01:57 PM -- Mr. Michael Dougherty, representing the Colorado District Attorneys' Council, testified in support of the bill. Mr. Dougherty explained how recording custodial interrogations for serious crimes will benefit the court, and discussed the benefits of certain exemptions in the bill. Mr. Dougherty responded to questions regarding the potential for some jurisdictions to oppose the bill's requirements based on the cost of recording technology, and addressed a question raised during earlier discussion. Mr. Dougherty responded to questions regarding the implications of the bill with regard to the exclusionary rule.



02:05 PM -- Mr. Christopher Ochoa, representing the Innocence Project, testified in support of HB 16-1117. Mr. Ochoa recounted how he was wrongfully convicted for a serious crime based on a flawed interrogation. He explained how a video-recorded interrogation would have benefitted in his case.



02:16 PM -- Ms. Antonia Merzon, representing the Colorado District Attorneys' Council, and Ms. Cynthia Kowert, representing the Attorney General's Office, testified in support of the bill. Ms. Merzon discussed custodial interrogation recording requirements in other jurisdictions, and in certain Colorado jurisdictions. Ms. Kowert discussed the benefits realized in using recording devices for custodial interrogations in certain Colorado counties. Ms. Merzon responded to questions regarding an exigent circumstance exemption for recording custodial interrogations contained in the bill, and conviction statistics associated with the use of recordings from custodial interrogations.



02:30 PM -- Ms. Amshula Jayaram, representing the Innocence Project, testified in support of HB 16-1117. Ms. Jayaram discussed the work of the Innocence Project to help overturn false convictions, and listed the benefits of recording custodial interrogations. She also discussed the widespread use of interrogation recording, and the cost of recording technology used to record custodial interrogations.



















































02:39 PM



Representative Kagan explained the effect of amendment L.002 (Attachment B).



16HouseJud0211AttachB.pdf

02:40 PM



Representatives Kagan and Saine provided closing remarks in support of HB 16-1117.

02:42 PM -- HB16-1063



Representative Foote, prime sponsor, presented House Bill 16-1063, concerning an exception to the prohibition against disclosing confidential communications with a mental health professional when school safety is at risk. Committee members received a handout explaining the implications of the bill with regard to certain federal laws (Attachment C), and strike-below amendment L.005 (Attachment D). Representative Foote discussed the need for the legislation, and explained the effect of amendment L.005. Representative Foote responded to questions regarding how a school or school employee might not be covered by the federal Family Education Rights and Privacy Act (FERPA), and a potential ambiguity in amendment L.005.





16HouseJud0211AttachC.pdf 16HouseJud0211AttachD.pdf

























02:58 PM



Representative Foote responded to questions regarding the options for a civil suit under the bill, and a repealer in the bill. Representative Foote responded to questions regarding the need for the legislation. Ms. Christy Chase, Office of Legislative Legal Services, addressed questions about the bill's repealer provisions. The following persons testified regarding HB 16-1063:



03:07 PM -- Mr. Michael Lott-Manier, representing Mental Health Colorado, made himself available to answer questions from the mental health perspective. Mr. Lott-Manier responded to questions regarding the ability of the mental health community to accommodate the disclosure standard contained in amendment L.005.



03:11 PM -- Mr. Don Hedded, representing the St. Vrain Valley School District, testified in support of the bill. Mr. Hedded discussed the district's desire to access information to keep school children safe, and information management under the bill.



03:16 PM -- Ms. Debbie Lammers, representing the St. Vrain Valley School District Board of Education and the Colorado Association of School Boards (CASB), testified in support of the bill. Ms. Lammers read a statement about the importance of timely notification in preventing tragedies. Ms. Lammers responded to questions about CASB's position on the bill.



03:20 PM -- Ms. Jane Urschel, representing CASB, testified in support of the bill. She discussed the need to share certain information to keep schools safer, and explained CASB's position on the bill.



03:22 PM -- Mr. Jeff Zayach, representing Boulder County Public Health, testified in support of HB 16-1063. Mr. Zayach explained how the bill provides a tool for preventing school-based tragedies. Mr. Zayach responded to questions regarding the potential disparate application of the requirements of the bill across school districts. Discussion ensued on this point.



03:28 PM -- Mr. Nick Thompson, representing the St. Vrain Valley School District, testified in support of the bill. Mr. Thompson related an incident during which a number of school employees collaborated to help a troubled student, and explained how the bill will help to foster such collaborations. Mr. Thompson responded to questions regarding the impact of federal laws on these collaborative activities.



03:31 PM -- Sheriff Bruce Hartman, representing Gilpin County and the County Sheriffs of Colorado, testified in support of HB 16-1063. He explained how the bill will help to avoid violent events at schools.



03:33 PM -- Mr. Matt Hofmeister, representing the St. Vrain Valley School District, testified in support of the bill. Mr. Hofmeister explained how the bill will help bridge a communication gap based on different federal laws applying to various school employees, and the preventive nature of the bill.



03:38 PM -- Ms. Renee Rivera, representing the National Association of Social Workers, testified on bill. Ms. Rivera registered some concerns about the bill and the process by which the legislation was drafted.



























03:41 PM



Representative Foote explained the effect of amendment L.005.

BILL:	HB16-1063
TIME:	03:42:47 PM
MOVED:	Willett
MOTION:	Adopt amendment L.006 (Attachment E). The motion passed without objection. 16HouseJud0211AttachE.pdf
SECONDED:	Lawrence
		VOTE
	Carver
	Court
	Dore
	Foote
	Lawrence
	Lundeen
	Melton
	Salazar
	Willett
	Lee
	Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

03:45 PM



Representative Foote provided closing remarks in support of HB 16-1063. Representatives Kagan and Willett explained their positions on the bill.

03:48 PM -- HB16-1072



The committee recessed.





03:55 PM



The committee returned to order. Representative Fields, prime sponsor, presented House Bill 16-1072, concerning the elimination of the statute of limitations for a sexual assault. Representative Fields discussed her reasons for sponsoring the bill, and explained why she was asking for the bill to be postponed indefinitely.

03:59 PM -- HB16-1260



Representative Fields, prime sponsor, presented House Bill 16-1260, concerning extending the criminal statute of limitations for sexual assault to twenty years. Representative Fields explained the effect of the bill. Representative Fields responded to questions regarding potential overrides of the statute of limitations established by the bill. The following persons testified regarding HB 16-1260:



04:03 PM -- Ms. Marijo Rymer, representing the Arc of Colorado, testified on the bill from a neutral perspective. Committee members received a letter from Ms. Rymer about the bill (Attachment F). Ms. Rymer discussed the subjection of those with disabilities to sexual abuse, and asked the committee to consider this during its deliberations. Ms. Rymer responded to questions regarding the nature of her organization's neutral position. Discussion ensued regarding the ability of sexual assault victims with disabilities to more fully grasp the crimes perpetrated against them as they get older.



16HouseJud0211AttachF.pdf





























04:12 PM -- Ms. Gloria Allred, representing the law firm of Allred, Maroko, and Goldberg, and the Women's Equal Rights Legal Defense and Education Fund, testified in support of the bill. Ms. Allred discussed her representation of women who have been victims of sexual assault, and the need to extend statutes of limitation for sexual assault. Ms. Allred discussed statutes of limitations for sexual assault in other states, and the circumstances that may prevent a victim from immediately reporting a sexual assault. Ms. Allred responded questions regarding the difficulties associated with defending oneself for a crime committed a long time ago, and certain social pressures that may be brought to bear in high-profile cases.





04:26 PM



Ms. Allred responded to questions regarding how long-dormant cases are brought to trial, and the impact of the removal of the statute of limitations for sexual assault on the rate of prosection for this crime. Discussion ensued regarding the reasons why statutes of limitations exist.



04:34 PM -- Ms. Laurie Rose Kepros, representing the Office of the State Public Defender and the Colorado Criminal Defense Bar, testified in opposition to the bill. Ms. Kepros discussed reasons why victims of sexual assault sometimes do not report their crimes, and explained how extending the statute of limitations on sexual assault may result in a prosecution against the wishes of the victim. Ms. Kepros explained the function of statutes of limitations. Ms. Kepros rebutted earlier testimony about sexual assault cases being brought forward long after they have allegedly taken place, and discussed the degradation of evidence and memory over time.





04:48 PM



Ms. Kepros rebutted certain testimony provided earlier. Discussion ensued regarding the degradation of memory and evidence over time. Discussion returned to situations in which sexual assault victims no longer wish to go forward with case prosecution. Ms. Kepros responded to questions regarding when the statute of limitations for sexual assault tolls under certain circumstances.



04:59 PM -- Mr. George Brauchler, representing the Eighteenth Judicial District and the Colorado District Attorneys' Council, testified in support of the bill. Mr. Brauchler explained why statutes of limitations exist, and why the statute of limitations should be extended for certain crimes. Mr. Brauchler addressed a forthcoming amendment. Mr. Brauchler responded to questions regarding circumstances under which the statute of limitations for a crime is not tolled until a later date. Mr. Brauchler responded to questions regarding the types of evidence that may come forward over time in a sexual assault case. Representative Melton clarified an earlier question.



05:09 PM -- Ms. Beth Ferrier, representing herself, testified in support of the bill. Ms. Ferrier read a statement about her experiences as a victim of sexual assault, and her reasons for coming forward about the incident years later. She discussed a subsequent lawsuit and its effect on her life, and expressed support for the bill.



05:15 PM -- Ms. Jennifer Eyl, representing the Rocky Mountain Children's Law Center, testified in support of the bill. Ms. Eyl explained how the bill will benefit children, and discussed the reasons why the statute of limitations for sexual assault needs to be extended. Ms. Eyl responded to questions regarding the inability of the accused to mount an adequate defense many years after the alleged crime.





















05:19 PM -- Mr. Craig Silverman, representing himself, testified in support of the bill. Mr. Silverman discussed his experiences in litigating sexual assault cases, and the benefits of extending the statute of limitations for this crime.



05:24 PM -- Ms. Heidi Thomas, representing herself, testified in support of HB 16-1260. Ms. Thomas discussed her experiences as a victim of sexual assault, and the reasons why she was initially reluctant to come forward about the crime. Ms. Thomas expressed support for extending the statute of limitations for sexual assault. Ms. Thomas responded to questions regarding the use of power and intimidation in sexual assaults.



05:31 PM -- Ms. Kathi Fanning, representing the Center for Trauma and Resilience, testified in support of the bill. Ms. Fanning discussed her experiences in providing services for crime victims who have never talked about the crimes committed against them, even years later.



05:34 PM -- Ms. Kim Corban, representing herself, testified in support of the bill. Ms. Corban discussed her experiences as a victim of sexual assault, and explained that trauma often prevents victims from coming forward about their crimes in a timely manner.



05:37 PM -- Ms. Karmen Carter, representing the Blue Bench, testified in support of the bill. Ms. Carter discussed the circumstances that cause sexual assault victims to not come forward with their stories, and the continued perpetration of crimes by those who are not prosecuted for their initial crimes. Ms. Carter discussed her organization's name.



05:43 PM -- Sheriff Bruce Hartman, representing Gilpin County and the County Sheriffs of Colorado, testified in support of HB 16-1260. Sheriff Hartman discussed the benefits of extending the statute of limitations for sexual assault.



05:45 PM -- Ms. Becky Mustacchio, representing herself, discussed her experience as a victim of sexual assault as a child, and her subsequent decision to come forward about the crime. Ms. Mustacchio read a statement from Former Representative Debbie Stafford (Attachment G). Committee members received a table compiling information on sexual assault statutes of limitations in other states (Attachment H).



16HouseJud0211AttachG.pdf 16HouseJud0211AttachH.pdf



05:51 PM -- Ms. Alyssa Bowman, representing herself, testified in support of the bill. Ms. Bowman recounted her experiences as a victim of sexual assault, and discussed her subsequent reporting of the crime and recovery.



05:55 PM -- Ms. Raana Simmons, representing the Colorado Coalition Against Sexual Assault, testified in support of the bill. Ms. Simmons explained how the current statute of limitations for sexual assault protects criminals from justice, and noted that those who are not brought to justice continue to offend. Ms. Simmons explained why victims of sexual assault are often unwilling to come forward about the crimes, and discussed the message sent by extending the statute of limitations for sexual assault. Ms. Simmons explained that evidence of sexual assault may come to light years later. Ms. Simmons responded to questions regarding sexual assault as a pattern.















06:02 PM -- Ms. Jean McAllister, representing the University of Denver, testified in support of the bill. Ms. McAllister discussed her experiences in advocating for and supporting sexual assault victims, explaining that some victims are reticent to come forward. She discussed the low rate of prosecution of sexual assault cases.



06:06 PM -- Ms. Anita Berg, representing herself, testified in support of the bill. Ms. Berg discussed her work with victims of sexual assault, and explained that some victims are unable to come forward in a timely manner. She discussed the merits of extending the statute of limitations for sexual assault, and societal costs associated with these crimes.





06:11 PM



Representative Fields provided closing remarks in support of HB 16-1260.

06:18 PM



The committee adjourned.