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73E6AAC931471E96872586950070C1C4 Hearing Summary




PUBLIC
BILL SUMMARY For SB21-088

SENATE COMMITTEE ON JUDICIARY
Date Mar 11, 2021      
Location Old Supreme Court



SB21-088 - Amended, referred to Senate Appropriations

01:31:41 PM  

Senator Danielson, bill sponsor, explained Senate Bill 21-088, concerning establishing a civil cause of action for sexual misconduct against a minor.  She discussed sexual abuse trauma and opportunitites for survivors to seek justice through a new cause of action.   

01:35:53 PM  

Ms. Kathryn Robb, representing CHILD USAdvocacy, Executive Director, testified in support of the bill. She discussed other state sexual abuse laws and new causes of action.  

 

Michael Nimmo, representing self, testified in support of the bill. He discussed holding individuals and organizations accountable and answered questions about the constitutionality of the bill. 

 

Committee discussion followed about retrospective versus retroactive application and constitutional issues. 

 

 

01:48:32 PM  

Ms. Jennifer Stith, representing WINGS, supporting adult survivors of childhood sexual abuse, testified in support of the bill.  She discussed statutes of limitations and revictimization

 

Ms Maralee McLean, representing Moms Fight Back, testified in support of the bill. She discussed associated costs of sexual abuse to the victim. 

02:00:00 PM  

Anonymous testifier, representing herself as a mother of a survivor, testified in support of the bill. 

 

Dr. Kerry Englert, representing self, testified in support of the bill. She discussed the need for organizational accountability and transparency. 

 

Jill Brogdon, representing self, testified in support of the bill. She described her experiences as a victim of child sex trafficking.

02:12:10 PM  

Mr. Randy Kady, representing self, testified in support of the bill.  He discussed child sex abuse and organizational accountability. 

 

Ellen Giarratana, representing Colorado Women's Bar Association, testified in support of the bill. She discussed trauma and institutional accountability. 

02:21:43 PM  

Paul Quinn, representing himself, testified in support of the bill.  He discussed the look-back period in Delaware and holding the Catholic Church accountable. 

 

Mr Jeb Barrett, representing Survivors Network of those Abused by Priests (SNAP), testified in support of the bill. He discussed the importance of civil justice and healing. 

02:33:10 PM  

Susan Leighnor, representing self, testified in support of the bill.  She discussed church accountability for abuse, 

 

Mr. Kristian Roggendorf, representing self, testified in support of the bill. He explained the need for a retroactive cause of action.

02:41:54 PM  

Anonymous survivor, representing self, testified in support of the bill. The individual noted that many survivors will not come forward during statute of limitations time periods. 

 

Jean McAllister, representing Rocky Mountain Victim Law Center and Colorado Organization for Victim Assistance, testified in support of the bill.  She discussed the fiscal note and state agency accountability.  She answered questions from the committee. 

 

 

02:52:12 PM  

Raana Simmons, representing Colorado Coalition Against Sexual Assault (CCASA), testified in support of the bill.  She discussed cover-ups by public entities and answered questions from the committee about prevention. 

 

 

.

03:00:08 PM  

Ms. Ann Terry, representing Special District Association of Colorado, testified to amend the bill. She discussed governmental entities and  balance of interests. 

 

Ms. Dianne Criswell, representing Special District Association of Colorado, testified to amend the bill.  She discussed the doctrine of governmental immunity,

 

Committee members asked questions about governmental immunity and protection. 

 

 

03:12:29 PM  

Mr. James Avery, representing self, testified in support of the bill.

03:18:32 PM  

Senator Evie Hudak, representing Colorado PTA, testified in support of the bill.  She discussed the impact of sexual abuse on children and youth and prevention. 

 

Ms. Katherine McPhee, representing self, testified in support of the bill.  She discussed proctections for perpetrators. 

03:25:45 PM  

Mr. Raymond Harlan, representing Colorado Victims for Justice, testified in support of the bill.

 

Ms Rosa Derieux, representing Colorado Civil Justice League, testified to amend the bill. She raised constitutional concerns about the bill. 

03:36:02 PM  

Mark Behrens, representing American Tort Reform Association, testified in opposition to the bill.  He discussed statute of limitatations and raised concerns about creating a statutory cause of action. 

Committee discussion followed about revival of claims, statute of limitations, civil claims, burden of proof, and standards of conduct. 

 

 

03:55:10 PM  

 Professor Richard Collins, representing Colorado Catholic Conference, testified in opposition to the bill.  He disussed constitutional issues, cause of action, and time barred claims. 

 

 

04:13:17 PM  

Mrs. Brittany Vessely, representing Colorado Catholic Conference, testified to amend the bill.  She discussed reparation efforts by the Catholic Church. 

 

The committee discussed restorative justice and sovereign immunity. 

 

The chair acknowledged written testimony (Attachment A). 

 

 

04:29:00 PM  
 

Senator Danielson introduced and explained
amendment L. 001.


04:29:32 PM
Motion Adopt amendment L.001 (Attachment B)
Moved Gonzales
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
04:29:58 PM  

Senator Danielson distributed and explained Amendment L. 002 (Attachment C) regarding treble damages. 



04:31:15 PM
Motion Adopt amendment L.002 (Attachment C)
Moved Gonzales
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
04:31:35 PM  

Senator Danielson distributed and explained Amendment L. 003 (Attachment D) regarding language to include people under the control of a organization. 



04:35:35 PM
Motion Adopt amendment L.003 (Attachment D)
Moved Gonzales
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
04:35:55 PM  
Danielson explained L. 005 (Attachment E),
which adds a definition of entity.


04:38:46 PM
Motion Adopt amendment L.005 (Attachment E)
Moved Gonzales
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
04:39:05 PM  

Senator Danielson distributed and explained Amendment L. 006 (Attachment F) regarding attorney fees.



04:43:42 PM
Motion Adopt amendment L.006 (Attachment F)
Moved Gonzales
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
04:43:59 PM  

Senator Danielson distributed and explained Amendmen L. 007 (Attachment G) regarding the legislative declaration. 



04:44:37 PM
Motion Adopt amendment L.007 (Attachment G)
Moved Gonzales
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
04:44:57 PM  

Senator Danielson distributed and explained Amendment  L. 022 regarding duty to defend (Attachment H). 



04:47:18 PM
Motion Adopt amendment L.022 (Attachment H)
Moved Gonzales
Seconded
Cooke
Gardner
Rodriguez
Gonzales
Lee
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
04:48:20 PM  

Senator Gardner distributed and explained Amendment L. 014 (Attachment I) regarding standard of care and notice requirements.



04:51:19 PM
Motion Adopt amendment L.014 (Attachment I)
Moved Gardner
Seconded
Cooke Yes
Gardner Yes
Rodriguez No
Gonzales No
Lee No
YES: 2   NO: 3   EXC: 0   ABS:  0   FINAL ACTION:  FAIL
04:51:51 PM  

Senators Fields and Danielson made closing comments.

 

Committee members discussed their reasons in favor of or opposition to the bill. 

 

 



05:22:55 PM
Motion Refer Senate Bill 21-088, as amended, to the Committee on Appropriations.
Moved Gonzales
Seconded
Cooke Yes
Gardner No
Rodriguez Yes
Gonzales Yes
Lee Yes
Final YES: 4   NO: 1   EXC: 0   ABS:  0   FINAL ACTION:  PASS






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