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PUBLIC
BILL SUMMARY For SB25-288

HOUSE COMMITTEE ON JUDICIARY
Date May 3, 2025       Location HCR 0107

SB25-288 - Amended, referred to the Committee of the Whole


01:03:40 PM  
The committee recessed.
01:11:25 PM  
The committee returned to order.  Representatives Titone and Soper, prime sponsors, presented Senate Bill 25-288. The bill creates a civil right of action for intimate digital depictions and updates crimes around exploitation of a child and posting a private image. Representative Titone explained the effect of the bill and discussed its need. Representative Soper further explained the bill, and explained the effect of a number of forthcoming amendments. Discussion ensued regarding the amendments.
01:30:44 PM  
Elizabeth Newman, representing the Colorado Coalition Against Sexual Assault, testified in support of the bill. Ms. Jessica Dotter, representing the Colorado District Attorneys' Council, testified in support of the bill. Commander Thompson, representing the Colorado Association of the Chiefs of Police, testified in support of the bill. Jefferey Riester, representing the Department of Law, testified in support of the bill. Mrs. Erin Meschke, representing themself, testified in support of the bill.

Commander Thompson responded to questions regarding how images targeted by SB 25-288 are generated, and commerce associated with the images. Ms. Dotter responded to questions regarding the ability to prosecute persons for creating the images under certain circumstances, and the effect of forthcoming amendments.  Ms. Dotter responded to questions regarding the the age groups to which the bill is applicable, and the impact of the bill on public figures versus private ones. Mr. Reister provided input on the latter issue. Ms. Dotter and Commander Thompson responded to questions regarding how to determine the age of someone in an image. Mr. Reister responded to questions regarding forthcoming amendments.  Discussion ensued regarding the need for an identifiable victim with relation to certain crimes under the Victims Rights Act, and the impact of the bill on age-progressed images. Discussion returned holding technology platforms liable for certain criminal activities undertaken by users.
02:30:44 PM  
Written testimony may be found in Attachment B. Representative Titone explained the effect of amendment L.009 (Attachment C).

02:31:51 PM
Motion Adopt amendment L.009 (Attachment C)
Moved Soper
Seconded Carter
Armagost
Bacon
Caldwell
Clifford
Espenoza
Garcia
Keltie
Soper
Zokaie
Carter
Mabrey
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
02:32:47 PM  
Representative Soper explained the effect of amendment L.010 (Attachment D).  Discussion ensued regarding language in the amendment pertaining to "identifiable child."

02:34:24 PM
Motion Adopt amendment L.010 (Attachment D)
Moved Soper
Seconded Carter
Armagost
Bacon
Caldwell
Clifford
Espenoza
Garcia
Keltie
Soper
Zokaie
Carter
Mabrey
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
02:34:48 PM  
Representative Titone explained the effect of amendment L.011 (Attachment E).

02:37:41 PM
Motion Adopt amendment L.011 (Attachment E)
Moved Soper
Seconded Carter
Armagost
Bacon
Caldwell
Clifford
Espenoza
Garcia
Keltie
Soper
Zokaie
Carter
Mabrey
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
02:38:28 PM  
Representative Soper explained the effect of amendment L.014 (Attachment F).

02:38:43 PM
Motion Adopt amendment L.014 (Attachment F)
Moved Soper
Seconded Carter
Armagost
Bacon
Caldwell
Clifford
Espenoza
Garcia
Keltie
Soper
Zokaie
Carter
Mabrey
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
02:39:11 PM  
Representatives Titone and Soper explained the effect of amendment L.012 (Attachment G). Discussion ensued regarding liability protections under the amendment.

02:49:44 PM
Motion Adopt amendment L.012 (Attachment G)
Moved Soper
Seconded Carter
Armagost Yes
Bacon No
Caldwell Yes
Clifford No
Espenoza Yes
Garcia No
Keltie Yes
Soper Yes
Zokaie No
Carter Yes
Mabrey No
YES: 6   NO: 5   EXC: 0   ABS:  0   FINAL ACTION:  PASS
02:49:46 PM  
Representatives Titone and Soper provided closing remarks in support of SB 25-288. Various committee members provided their positions on the bill.

03:05:13 PM
Motion Refer Senate Bill 25-288, as amended, to the Committee of the Whole.
Moved Soper
Seconded Clifford
Armagost Yes
Bacon No
Caldwell Yes
Clifford Yes
Espenoza Yes
Garcia No
Keltie Yes
Soper Yes
Zokaie No
Carter Yes
Mabrey Yes
Final YES: 8   NO: 3   EXC: 0   ABS:  0   FINAL ACTION:  PASS