3D0B5707F641D57A87258979006BE71A Hearing Summary

Representatives Michaelson Jenet and Bird, prime sponsors, presented House Bill 23-1135, concerning the offense classification for indecent exposure in view of a minor. Representative Bird explained the effect of the bill and discussed its need.

Tiffany Moon-Comandari, representing herself, testified in support of the bill.

Mr. Tyler Bandemer, representing himself, testified in support of the bill.

Ms. Alexis King, representing 1st Jd, testified in support of the bill. District Attorney Gordon McLaughlin, representing Colorado District Attorneys Council, testified in support of the bill. Mr. Christopher Curtis, representing Denver District Attorney's Office, testified in support of the bill. Committee members received a packet of slides with statistics on indecent exposure (Attachment A) and a fact sheet about HB 23-1135 (Attachment B). Discussion ensued regarding the rate at which indecent exposure targeting minors takes place, and the rate of reoffense. Discussion followed regarding how making this crime a felony would impact public safety, as well as the impact on the offender. Discussion turned to the challenges of prosecuting indecent exposure cases involving minors under current law. Mr. McLaughlin responded to questions regarding a fact pattern he discussed during earlier testimony. Discussion ensued regarding alternatives and treatments for offenders convicted of indecent exposure involving a minor. Discussion followed regarding data associated with those charged with this crime. Discussion turned to how the setting of the crime of indecent exposure involving a minor impacts the ability to bring felony charges under the bill, and setting bond for such charges. Mr. Curtis responded to questions regarding the potential for charges of indecent exposure involving a minor to be pled down if the bill were to pass.

Ms. Laurie Kepros, representing Office of the State Public Defender, testified on HB 23-1135 from an "amend" position. Ms. Casey Duncan, representing Colorado State Public Defender, testified on the bill from an "amend" position. Lauren Snyder, representing Mental Health Colorado, testified in opposition to the bill. Mr. James Karbach, representing Colorado State Public Defender, testified on the bill from an "amend" position. Ms. Kepros responded to questions regarding the population on the sex offender registry. Mr. Karbach responded to questions regarding some forthcoming amendments. Discussion ensued regarding other statutes that includes language concerning the isolation of a victim by a perpetrator, and what constitutes "isolation" for the purposes of HB 23-1135. Mr. Karbach responded to questions regarding how changing the indecent exposure crime by the bill impacts the statute of limitations on the crime, and pleading the crime down to a misdemeanor should the bill pass. Mr. Karbach responded to further questions regarding applying different penalties for the crime based on the age of the victim. Ms. Kepros responded to questions regarding differences between misdemeanor and felony convictions for indecent exposure as it pertains to the sex offender registry. Discussion followed regarding diversion programs and specialty courts, and the data in Attachment A.

Ms. Jessica Dotter, representing Colorado District Attorneys' Council, testified in support of the bill.

Allyson Baber, representing 17th Judicial District Attorney's Office, testified in support of the bill.

Mrs. Breck Roesch, representing Boulder District Attorney's Office, testified in support of the bill. Ms. Dotter responded to questions regarding how prosecutors approach indecent exposure cases when the offender exhibits mental illness, and the potential impact of HB 23-1135 on public safety, as highlighted by an indecent exposure case Ms. Dotter noted earlier. Ms. Dotter responded to further questions regarding data associated with indecent exposure involving a minor, and the need to increase the penalty for the previously noted indecent exposure case. Ms. Baber responded to questions regarding an indecent exposure case she referenced, and factors taken into consideration when prosecuting such a case. Mrs. Roesch responded to questions regarding attempts by defendants in indecent exposure cases to access treatment. Discussion followed regarding competency issues in indecent exposure cases.

Denver District Attorney Beth McCann, representing herself, testified in support of the bill. Mr. Mark Fitzgerald, representing Brighter World Child Advocacy Center, and Colorado Children's Alliance, testified in support of the bill. Mrs. Erin Meschke, representing herself, testified in support of the bill. Courtney Sutton, representing Colorado Organization for Victim Assistance, testified in support of the bill. Susan Walker, representing the Coalition for Sexual Offense Restoration, testified in opposition to HB 23-1135. Ms. Margaux Sorenson, representing Rocky Mountain Victim Law Center, testified in support of the bill.

The committee recessed.

The committee returned to order. Representative Michaelson Jenet explained the effect of amendment L.003 (Attachment C) and L.004 (Attachment D).

Representative Epps explained the effect of amendment L.007 (Attachment E). The bill sponsors weighed in on the amendment. Discussion ensued regarding the merits of the amendment.

Representatives Michaelson Jenet and Bird provided closing remarks in support of HB 23-1135. Various committee members provided their positions on the bill.