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96F32BEB01B79390872586A100799B14 Hearing Summary




PUBLIC
BILL SUMMARY For SB21-073

HOUSE COMMITTEE ON JUDICIARY
Date Mar 23, 2021      
Location Old State Library



SB21-073 - Amended, referred to the Committee of the Whole


04:08:19 PM  
The committee recessed.
04:24:34 PM  

The committee returned to order. Representative Soper and Michaelson Jenet, prime sponsors, presented Senate Bill 21-073, concerning changing the statute of limitations applicable to civil actions alleging sexual misconduct for which the statute of limitations has not yet run as of January 1, 2022. Representative Soper explained the effect of the bill and discussed its need. Representative Michaelson Jenet provided additional input on the bill.

04:34:31 PM  
The following persons testified regarding SB 21-073:

Kathryn Robb, representing Child USAdvocacy, testified in support of the bill.

Ellen Giarratana, representing the Colorado Women's Bar Association, testified in support of the bill.

Jennifer Stith, representing WINGS Foundation, Inc., testified in support of the bill.

Ms. Robb responded to questions regarding jurisdictions that don't have statutes of limitation for certain sex crimes perpetrated against children, and the deterioration of evidence in these cases over time.

04:55:57 PM  
Samantha Carwyn, representing the Interfaith Alliance of Colorado, testified in support of SB 21-073.

Maralee McLean, representing herself, testified in support of the bill.

Evie Hudak, representing Colorado PTA, testified in support of the bill.

05:08:47 PM  
Heidi Thomas, representing herself, testified in support of SB 21-073.
05:22:54 PM  
Joyce Aubrey, representing Finding Our Voices, testified in support of SB 21-073.
05:26:55 PM  
Jill Brogdon, representing herself, testified in support of SB 21-073.

Ray Desser, representing himself, testified in support of the bill.

Mr. Desser responded to questions regarding a forthcoming amendment to the bill. Ms. Brogdon responded to questions regarding how a fixed statute of limitations for sexual misconduct on a child impacted her case.

05:45:08 PM  
Jean McAllister, representing the Rocky Mountain Victim Law Center and Colorado Organization for Victim Assistance, testified in support of SB 21-073.

Kerry Englert, representing herself, testified in support of the bill.

Randy Kady, representing himself, testified in support of the bill.

05:57:57 PM  
Susan Leighnor, representing herself, testified in support of HB 21-073.

Jeb Barrett, representing Survivors Network of those Abused by Priests, testified in support of the bill.

Ms. Leighnor responded to questions regarding a study on child molestation she cited. Mr. Barrett responded to questions regarding differences between an adult and a child coming forward to level accusations of sexual misconduct.

06:14:29 PM  
Ray Harlan, representing Colorado Victims for Justice, testified in support of SB 21-073.

Mary-Katherine Fleming, representing herself, testified in support of the bill.

06:30:05 PM  
Pamela Maass, representing herself, testified in support of SB 21-073.

Kristian Roggendorf, representing himself, testified in support of the bill.

Raana Simmons, representing the Colorado Coalition Against Sexual Assault, testified in support of the bill.

Mr. Roggendorf responded to questions regarding due process considerations in the absence of a statute of limitations in states that have eliminated a statute of limitations. Discussion ensued regarding the potential for court challenges as the result of the removal of certain statutory language by the bill. Ms. Simmons responded to questions regarding the removal of statutes of limitations in certain districts. Discussion ensued regarding the removal of civil statutes of limitations in certain jurisdictions. Ms. Simmons responded to questions regarding the definition of "sexual misconduct" under the bill, and the extent of statutes of limitations associated with the definition. Conrad Imel, Office of Legislative Legal Services, provided input on this issue. Mr. Imel responded to questions regarding a comparison between the criminal statute of limitations under current law and for civil law under the bill for certain conduct.

07:07:35 PM  
Corey Russell, representing herself, testified in support of SB 21-073.
07:11:59 PM  
Alan Lewis, representing himself, testified in support of SB 21-073.
07:16:30 PM  
The committee recessed.


08:40:21 PM
Motion Page 3 line 22, conceptual
Moved Carver
Seconded Benavidez
Bacon
Benavidez
Bockenfeld
Carver
Daugherty
Luck
Lynch
Roberts
Woodrow
Tipper
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
08:40:27 PM  
The committee returned to order.


08:41:46 PM
Motion This is a conceptual amendment
Moved Tipper
Seconded Carver
Bacon
Benavidez
Bockenfeld
Carver
Daugherty
Luck
Lynch
Roberts
Woodrow
Tipper
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
08:41:53 PM  
The bill sponsors provided closing remarks in support of SB 21-073. Representatives Tipper and Weissman provided closing remarks in support of the bill.


08:47:08 PM
Motion Refer Senate Bill 21-073, as amended, to the Committee of the Whole.
Moved Luck
Seconded Woodrow
Bacon Yes
Benavidez Yes
Bockenfeld No
Carver Yes
Daugherty Yes
Luck Yes
Lynch Yes
Roberts Yes
Woodrow Yes
Tipper Yes
Weissman Yes
Final YES: 10   NO: 1   EXC: 0   ABS:  0   FINAL ACTION:  PASS






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