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




PUBLIC
BILL SUMMARY For SB18-068

HOUSE COMMITTEE ON JUDICIARY
Date Mar 22, 2018      
Location HCR 0112



SB18-068 - Committee Discussion Only


03:09:52 PM  

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.

03:21:48 PM  
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.
03:40:59 PM  

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.



03:57:44 PM
Motion Adopt amendment L.001
Moved Weissman
Seconded Wist
Benavidez
Carver
Herod
Lundeen
Melton
Roberts
Weissman
Willett
Wist
Salazar
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
03:57:45 PM  

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



04:03:22 PM
Motion Adopt amendment L.002
Moved Salazar
Seconded Melton
Benavidez Yes
Carver No
Herod Excused
Lundeen No
Melton Yes
Roberts No
Weissman Yes
Willett No
Wist No
Salazar Yes
Lee Yes
YES: 5   NO: 5   EXC: 1   ABS:  0   FINAL ACTION:  FAIL
04:03:23 PM  
Various committee members provided their positions on SB 18-068. Representatives Van Winkle and Bridges provided closing remarks in support of the bill.
04:22:15 PM  
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.