h_jud_2016a_2016-03-03t13:35:32z1 Hearing Summary

Date: 03/03/2016

02:00 PM -- HB16-1027



Representative Danielson, prime sponsor, presented House Bill 16-1027, concerning depositions in criminal cases in which an at-risk person may not be available for trial. Representative Danielson explained the effect of the bill and discussed its need. Committee members received fact sheet supporting the bill, prepared by the Colorado District Attorneys' Council (Attachment A). The following persons testified regarding HB 16-1027:



16HouseJud0303AttachA.pdf



02:08 PM -- Mr. Scott Storey, representing the Colorado District Attorneys' Council, testified in support of the bill. Mr. Storey discussed the law surrounding the video deposition of at-risk individuals, and the benefits of doing so based on the age of a witness.





02:15 PM



The committee recessed.





02:16 PM



The committee returned to order.



02:16 PM -- Ms. Jane Walsh, representing the Colorado District Attorneys' Council, and Ms. Charlotte Krasnoff, representing herself, testified in support of HB 16-1027. Ms. Walsh discussed crimes against elders in her judicial district, and discussed problems in gathering deposition evidence from at-risk elderly individuals. Ms. Walsh discussed difficulties experienced in trying to conduct a deposition with Ms. Krasnoff's husband. Ms. Krasnoff related her experience as a victim of elder abuse, and the resulting difficulties experienced with adjudicating the issue.



02:30 PM -- Mr. Kenneth Boyd, representing the Denver District Attorney's Office, testified in support of the bill. Mr. Boyd discussed the cumbersome process of litigating crimes and how the litigation timeline impacts the ability to gather depositions from the elderly. He noted the rise of financial crimes targeting the elderly as the population ages.



02:33 PM -- Ms. Candace Werth, representing the First Judicial District, testified in support of HB 16-1027. Ms. Werth discussed some elder abuse cases she has litigated, and explained how the bill will help to prosecute these cases.



02:35 PM -- Mr. Dennis Valentine, representing AARP, Mr. Ed Shackelford, representing the Colorado Senior Lobby, and Mr. Rich Mauro, representing the Denver Regional Council of Governments, testified in support of the bill. Mr. Valentine discussed the reasons why the elderly are preyed upon, and explained why the bill would help to litigate elder abuse cases. Mr. Mauro discussed the benefits of the bill. Mr. Shackelford discussed the need to update elder abuse law, and noted some cases of financial abuse of the elderly he has worked on. Mr. Shackelford discussed the impacts of financial elder abuse.



02:40 PM -- Ms. Heidi Haines, representing the Arc of Colorado, testified in support of HB 16-1027. Ms. Haines explained how the bill would be beneficial in instances of litigation where a developmentally disabled individual is a witness.



02:42 PM -- Mr. Scott Turner, representing Attorney General Cynthia Coffman, testified in support of the bill. Mr. Turner discussed his office's work to combat elder abuse, and the need to accommodate the elderly when they are witnesses in these cases.





02:45 PM



Representative Danielson explained the effect of amendment L.002 (Attachment B).



16HouseJud0303AttachB.pdf

02:48 PM



Representative Danielson explained the effect of amendment L.009 (Attachment C). Representative Danielson responded to questions regarding to whom the bill would apply under amendment L.009. Mr. Storey returned to provide input on how an at-risk elder witness might be deposed under the amendment.



16HouseJud0303AttachC.pdf

02:53 PM



Representative Danielson provided closing remarks in support of HB 16-1027. Discussion ensued regarding the collaborative effort undertaken to craft amendments on the bill.





02:53 PM



The committee recessed.





03:14 PM



The committee returned to order.

03:16 PM



The committee adjourned.