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s_jud_2017a_2017-03-20t13:34:32z3 Hearing Summary

Date: 03/20/2017

Location: SCR 352

Final

BILL SUMMARY for HB17-1109



SENATE COMMITTEE ON JUDICIARY


Votes: View--> Action Taken:
Refer House Bill 17-1109 to the Committee of the W PASS







01:59 PM -- HB17-1109



Senator Fields and Senator Cooke, co-prime sponsors, presented House Bill 17-1109, concerning prosecuting in one jurisdiction a person who has committed sexual assaults against a child in different jurisdictions. Senator Cooke explained situations to which the bill would apply.



02:02 PM --
Ms. Carrie Thompson, representing the Colorado Criminal Defense Bar, testified in opposition to the bill. Ms. Thompson discussed constitutional concerns with the bill. She responded to questions concerning existing law that permits trials to be held outside of the county in which an offense occurs, and forum shopping.





02:13 PM



Ms. Thompson respond to questions concerning the exercise of prosecutorial discretion. She continued by responding to a question concerning charging patterns of offenses. Senator Gardner and Ms. Thompson discussed a hypothetical situation concerning trying patterns of offense in different counties.



02:21 PM --
Mr. Tim Lane, representing the Colorado District Attorneys' Council, testified in support of the bill. Mr . Lane discussed the benefits of the bill. He also discussed constitutional issues raised in prior testimony concerning holding jury trials outside of the county in which an offense occurs. Mr. Lane responded to a question concerning the exercise of prosecutorial discretion.



02:32 PM --
Mr. Bob Grant, representing the Coalition Against Sexual Assault, testified in support of the bill. Mr. Grant discussed the benefits of the bill for child victims of sexual assault. He also discussed criminal procedures concerning bringing charges.





02:36 PM



The committee recessed.






02:41 PM



The committee returned to order. Detective Patrick Gallagher and Detective Jason Darbyshire, representing the El Paso County Sheriff's Office, testified in support of the bill. Det. Gallagher discussed investigating cases of sexual assault against a child and the benefits of the bill. Det. Darbyshire explained sexual assault investigations. He also discussed the benefits of the bill for offenders and victims. Det. Darbyshire commented that the bill provides a cost effective process for courts to work on child sexual assault cases.





02:47 PM



Senator Fields made closing remarks on the bill.

BILL: HB17-1109
TIME: 02:49:57 PM
MOVED: Fields
MOTION: Refer House Bill 17-1109 to the Committee of the Whole. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Coram
Yes
Fields
Yes
Kagan
Yes
Cooke
Yes
Gardner
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS







02:50 PM



The committee adjourned.








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