2ECC5E4D671919578725826A006B9E1F Hearing Summary

Senator Gardner explained that SB18-084 was originally heard in Senate Health and Human Services in February and was referred to Appropriations thereafter.  He noted that he would not take public testimony on the bill due to the previous hearing. 

Senator Kefalas introduced and explained SB18-084, concerning enhancing protections for minors who are victims of human trafficking.  He relayed that the bill provides a more streamlined pathway for young victims of human trafficking to access needed services.  He explained the amendments made to the bill in Senate Health and Human Services.  Senator Kefalas further discussed immunity provisions, the stakeholders he worked with on the bill, and safe harbor laws.   He emphasized that the bill is needed to protect child victims from coerced or forced prostitution. 

Senator Kefalas answered questions from the committee about safe harbor laws in Colorado and other states, affirmative defense, immunity, young victim and police interactions, and diversion programs.   The committee and Senator Kefalas further discussed the number of juveniles who have been prosecuted for sex trafficking as well as the role of law enforcement. 

Senator Kefalas distributed and explained Amendment L. 009 (Attachment A). 

The committee discussed the amendment and asked questions about Victim Rights Act (VRA) and non-VRA misdemeanors committed by a minor who is a victim of human trafficking.  Further discussion followed about blanket and qualified immunity, and reporting requirements.  Senator Kefalas commented on philosophical differences regarding whether minors should be prosecuted for prostitution, even with immunity.   

Senator Kagan introduced and distributed Amendment L.012 (Attachment B).  He explained that the amendment preserves the most crucial part of the bill and ensures that minors who are victims of human trafficking get the help and resources they need. He reiterated that the bill, as amended, would simply create a line of communication between human service agencies and law enforcement.  The amendment eliminates the controversial sections of the bill regarding immunity and VRA crimes.  

Committee members raised questions about the amendment. 

Committee members discussed the current need for the bill versus looking at the issue more comprehensively over the interim.   The committee members further talked about legal protections for minors and finding common ground on immunity.