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s_jud_2016a_2016-03-02t13:32:34z3 Hearing Summary

Date: 03/02/2016



Final

BILL SUMMARY for SB16-075



SENATE COMMITTEE ON JUDICIARY


Votes: View--> Action Taken:
Adopt amendment L.004 (Attachment B). The motion p

Refer Senate Bill 16-075, as amended, to the Commi


PASS







02:08 PM -- SB16-075



Senator Johnston and Senator Cooke presented Senate Bill 16-075, concerning the collection of a DNA sample from offenders convicted of misdemeanors against vulnerable persons. Senator Johnston distributed to the committee and explained a packet of information about DNA collection by law enforcement (Attachment A). Senator Johnston distributed and explained amendment L.004 (Attachment B).



16SenateJud0302AttachA.pdf16SenateJud0302AttachA.pdf 16SenateJud0302AttachB.pdf16SenateJud0302AttachB.pdf



02:17 PM



Senator Cooke explained the bill, stated reasons he supports the bill, and provided information relating to crimes covered by the bill. Senator Lundberg and the sponsors discussed privacy issues surrounding the bill.





02:28 PM



Committee discussion continued on issues of privacy and the statistics relating to solving cases.



02:31 PM --
Ms. Susie Hernandez and Ms. Kelly Waidler, representing the Denver District Attorney's Office, testified in support of the bill. Ms. Hernandez discussed her experience as a victim of violent crime. Ms. Waidler discussed her role prosecuting the crimes committed against Ms. Hernandez and how DNA evidence was used to identify the perpetrator.



02:37 PM --
Mr. Dave Weaver, representing himself, testified in support of the bill. Mr. Weaver stated agreement with prior testimony and discussed the benefits of DNA collection as a tool for law enforcement.



02:39 PM --
Ms. Jan Girten and Ms. Katie Featherston, representing the Colorado Bureau of Investigation, testified in support of the bill. Ms. Girten discussed cases that were solved with the use of DNA collected from non-violent crimes. Ms. Featherston made herself available for questions. Ms. Featherston responded to questions regarding information collected from persons later exonerated, the process for having a DNA sample removed from the Combined DNA Index System (CODIS) database, the process for identifying persons by DNA collection, and storage and destruction of DNA samples.





02:49 PM



Ms. Featherston continued to respond to questions regarding degradation of DNA samples and how samples are matched to a person's biographical information. She elaborated on the process for destruction of DNA samples.



02:52 PM --
Ms. Denise Maes, representing the ACLU of Colorado, testified in opposition to the bill. Ms. Maes discussed exonerations that do not rely on DNA collection, scientific concerns, and whether DNA collection from certain crimes shows a propensity for the commission of future crimes. She also discussed Colorado's current DNA collection system. In response to a question, Ms. Maes discussed privacy concerns.



03:00 PM --
Mr. Stan Garnett, District Attorney for the Twentieth Judicial District and representing the Colorado District Attorneys' Council, testified in support of the bill. Mr. Garnett stated approval for prior testimony in support of the bill, and that law enforcement should have tools to reach the truth. He discussed cases where DNA was used to solve crimes.



03:04 PM --
Mr. Steve Siegel, representing the Colorado Organization for Victim Assistance, testified in support of the bill.



03:06 PM --
Ms. Lydia Waligorski, representing the Colorado Coalition Against Domestic Violence, testified in support of the bill. Ms. Waligorski discussed patterned crimes and reasons for DNA collection.



03:09 PM --
Ms. Becky Bornhoff, representing herself, testified in support of the bill. Ms. Bornhoff discussed her experience as a victim of a violent crime and the length of time it took to apprehend the perpetrator.



03:12 PM --
Ms. Raana Simmons, representing the Colorado Coalition Against Sexual Assault, testified in support of the bill. Ms. Simmons provided information contained in the DNA database and the benefit of DNA collection for law enforcement.



03:17 PM --
Mr. Mitch Morrissey, Denver District Attorney, testified in support of the bill. Mr. Morrissey provided information on exonerations made on the bases of DNA collection and the use of DNA to solve crimes, including those committed by repeat offenders. Mr. Morrissey responded to questions regarding how DNA is used to identify suspects, the accuracy of certain methods for DNA identification, and statistics regarding exonerations and expungement of information from the DNA database.





03:27 PM



Mr. Morrissey continued to respond to questions regarding collection and expungement of DNA information from the DNA database.





03:37 PM



Senator Lundberg commented on the bill; Mr. Morrissey responded. Senator Johnston commented on the difference between DNA collection under Katie's Law (Section 16-23-101, C.R.S., et. seq.) and DNA collection under the existing law amended by the SB 16-075.



03:43 PM --
Mr. Adam Wills, representing the County Sheriffs of Colorado, testified in support of the bill. He discussed cases relating to DNA collection.



03:47 PM --
Mr. Ray Harlan, representing Colorado Victims for Justice, testified in support of the bill. Mr. Harlan provided information on the history of fingerprint collection and commented on prior testimony. He also discussed discourse surrounding the collection of DNA for misdemeanor offenses.





03:51 PM



Senator Johnston and Senator Cooke provided closing remarks on the bill. At the request of the chair, Senator Johnston explained amendment L.004.

BILL: SB16-075
TIME: 04:00:41 PM
MOVED: Cooke
MOTION: Adopt amendment L.004 (Attachment B). The motion passed without objection.
SECONDED:
VOTE
Aguilar
Cooke
Merrifield
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:



Committee members commented on the bill.

BILL: SB16-075
TIME: 04:03:35 PM
MOVED: Cooke
MOTION: Refer Senate Bill 16-075, as amended, to the Committee on Finance. The motion passed on a vote of 3-2.
SECONDED:
VOTE
Aguilar
Yes
Cooke
Yes
Merrifield
No
Lundberg
No
Roberts
Yes
Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS







04:04 PM



The committee adjourned.




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