3BDD0A6045BB0132872582660081D79A Hearing Summary

Representative Carver, prime sponsor, presented Senate Bill 18-119, concerning false imprisonment of a minor.  Representative Carver explained the effect of the bill and discussed its need. Representative Carver explained how amendments L.003 (Attachment F) and L.004 (Attachment G) may address some concerns raised by Representative Benavidez.

Ms. Carrie Thompson, representing the Colorado Criminal Defense Bar, testified in opposition to the bill. Ms. Thompson raised concerns about the breadth of certain language in the bill, and discussed the impact of amendments L.001 and L.002 on these concerns. Ms. Thompson responded to questions regarding certain privileges affected by the bill, and the ability of certain authority figures to detain children without violating the bill's prohibitions.

Ms. Janet Huffor, Detective Patrick Gallagher, and Detective Jason Darbysire, representing the El Paso County Sheriffs Office, testified in support of the bill. Ms. Huffor discussed a case of child confinement that led to the legislation. Detective Gallagher discussed the types of cases that are addressed by the bill, and addressed claims made during earlier testimony about the breadth of the language in SB 18-119. Detective Darbyshire discussed the intent of the legislation, and recounted a case of child confinement on which he worked. Detective Darbyshire responded to questions regarding standard procedure on how to handle these types of cases. Detective Gallagher provided input on these procedures.

Discussion ensued regarding the ability to prosecute certain crimes under current law.

Ms. Jennifer Darby, representing the Fourth Judicial District, testified in support of the bill. Ms. Darby addressed certain questions raised during earlier discussion about the necessity for additional statutory crimes. Mr. Mark Geist, representing himself, testified in support of SB 18-119. Mr. Geist discussed the effects of excessive confinement on children. Discussion returned to the reasons why the case referenced during earlier testimony could not be prosecuted as a felony under current law.

Discussion continued regarding the need to place into law the crimes contained in the bill, and the potential for making the crimes specific intent crimes. Ms. Darby responded to questions regarding whether parental authority is an affirmative defense, and the potential for placing the crimes in SB 18-119 within the child abuse statutes. Discussion ensued on this point. Chairman Salazar laid over SB 18-119.