Colorado Coalition Against Sexual Assault 2010 Legislative Summary

A Busy Session! CCASA employed Annmarie Jenson, of Jensen Public Affairs, Inc., as our lobbyist. The CCASA Public Policy Committee (open to all CCASA members) appointed a Committee Chairperson (Jennifer Eyl, Esq.) and Vice-Chair (Maureen Daberkow, MPA). Based on membership feedback, we initiated Senate Bill 66. We also actively monitored all other legislative affecting CCASA membership.

Senate Bill 66 Senate Sponsor: Evie Hudak (Arvada) House Sponsor: Claire Levy (Boulder)

Senate Bill 66 The bill clarifies that the requirement that certain persons report child abuse or neglect does not apply if a person does not have reasonable cause to know of or suspect the abuse or neglect until the child is 18 years of age or older. Clarifies an exception for persons in a position of trust or if the mandatory reporter has reason to believe other children may be at risk. An in-depth training on the specifics will follow the legislative summary.

HB CONCERNING REQUIRED COVERAGES FOR REPRODUCTIVE SERVICES FOR HEALTH INSURANCE POLICIES Requires entities issuing individual sickness and accident insurance polices to provide the same coverage for maternity care as is currently mandated for all group sickness and accident insurance policies. The bill also requires both individual and group policies to provide coverage for pregnancy management, contraceptive counseling, drugs, and devices. The bill excludes abortion procedures and services. As amended clarifies that if the pregnancy was a pre-existing condition it is not mandated to be covered.

HB CONCERNING PLACEMENT AFTER A PAROLE REVOCATION OF A PAROLEE WHO IS A SEXUALLY VIOLENT PREDATOR The bill requires that a parolee who has been designated a sexually violent predator be placed in a department of corrections facility after having his or her parole revoked.

HB CONCERNING THE DEFINITION OF DOMESTIC VIOLENCE WHEN DETERMINING THE BEST INTERESTS OF A CHILD In the statutory section concerning the best interests of the child under the "Uniform Dissolution of Marriage Act", the bill replaces the term "spouse abuse" in each occurrence with the broader term "domestic violence". The bill defines the term "domestic violence" to align the definition closely to the broader definition of "domestic violence" in the criminal statutes, and also defines the term "intimate relationship". The bill replaces the term "spouse abuse" with the broader term "domestic violence" where the term occurs in the statutory sections relating to modification of parenting time. The new definition of DV will apply to determinations of the best interests of a child occurring on or after July 1, 2010.

HB CONCERNING THE RELOCATION OF THE CRIME OF STALKING IN THE COLORADO REVISED STATUTES The bill relocates the crime of stalking in the statutes. This Bill was initiated by the Colorado District Attorney’s Council (CDAC). CCASA supported this legislation.

HB CONCERNING AN EXTENSION OF THE PROHIBITION AGAINST SEXUAL CONDUCT IN CORRECTIONAL INSTITUTIONS, AND MAKING AN APPROPRIATION THEREFOR Current law prohibits a correctional employee or volunteer from engaging in sexual activity with an inmate. The bill extends that prohibition to engaging in sexual activity with a person or with a juvenile in a detention or commitment facility, or an adult in a community corrections program as defined in (3). The bill makes a 5-year appropriation.

HB CONCERNING CHANGES TO INDECENCY CRIMES Under current law, a public act of masturbation is a crime under the public indecency statute and is a class 1 petty offense. The bill moves the offense to the crime of indecent exposure, a class 1 misdemeanor. The bill expands the definition of the crime of public indecency, which is a class 1 petty offense, to include knowingly exposing one's genitals in a way that is likely to cause affront or alarm to another person. If a person has been previously convicted of that same act of public indecency, the bill raises the penalty from a class 1 petty offense to a class 1 misdemeanor.

HB 1334 The bill also expands the definition of the crime of indecent exposure to include exposing one's genitals in public with the intent to arouse or satisfy the sexual desire of any person. The bill adds a second or subsequent conviction of the crime of public indecency in five years to the definition of "unlawful sexual behavior" for purposes of the sex offender registration statutes.

HB CONCERNING THE SEX OFFENDER MANAGEMENT BOARD, AND, IN CONNECTION THEREWITH, CONTINUING THE SEX OFFENDER MANAGEMENT BOARD The bill extends the repeal date for the Sex Offender Management Board by 5 years to July 1, 2015, and revises the board's duties. The bill amends the language to refer to juvenile offenders as "juveniles who have committed sexual offenses" rather than labeling juveniles as sex offenders. Removes the "no known cure" language from the requirement that the board prescribe a standardized procedure for the evaluation and identification of adult sex offenders.

HB 1364 The Foster Amendment Amended to require that sex offenders be given a choice of three appropriate approved providers where available, unless the supervising agency documents in writing that, based on the nature of the program offered and the needs of the offender, fewer than three providers can meet the specific treatment needs of the offender and ensure the safety of the public. Also requires each supervising agency to create a process by which an offender may seek a review and determination of the appropriateness of his or her treatment provider. Requires the agency to develop the basis for review, frequency, and options for changing treatment and advise the offender of this process.

HB CONCERNING CHANGES TO CRIMES INVOLVING CONTROLLED SUBSTANCES Section 4 changes penalties for possession of date rape drugs, or class I or II controlled substances other than marijuana or methamphetamine weighing less than 4 grams to a class 6 felony, more than 4 grams is a class 4 felony.

SB CONCERNING ALLOWING COURT-ENTERED CIVIL PROTECTION ORDERS TO INCLUDE DIRECTIVES CONCERNING ANIMALS Allows a court-entered civil protection order to restrain a party from threatening, molesting, injuring, killing, taking, transferring, encumbering, concealing, or disposing of any animal owned, possessed, leased, kept, or held by any other party. A court- entered civil protection order may also specify arrangements for possession and care of any animal owned, possessed, leased, kept, or held by any other party. The bill amends the definitions of "abuse of the elderly or of an at-risk adult", "domestic abuse", and "protection order" as necessary to include threats or actions against animals.

SB CONCERNING INVASION OF PRIVACY The bill moves the crime of invasion of privacy for sexual gratification from the unlawful sexual contact statute into its own statute. The bill increases the penalty for the crime of invasion of privacy for sexual gratification to a class 6 felony when either: -The defendant has been previously convicted of an unlawful sexual behavior offense; or -The defendant observed a person under the age of 18 years during the commission of the crime. CCASA testified in support of this Bill.

SB 128 Currently, the crime of invasion of privacy may be committed by capturing an image of another person's intimate parts without the person's consent. The bill adds "live feed" as a means of capturing the image and includes observing a person's intimate parts as a means of committing the offense. The bill reduces the penalty for eavesdropping from a class 6 felony to a class 1 misdemeanor. As amended creates an exception to the penalty for taking a picture or observing the intimate parts of a person who is under 15, if the person observing or photographing is less than 4 years older than the person observed or photographed. Additional amendments add criminal invasion of privacy as described in this bill to the list of sexual offenses in the statute in two places, and make an appropriation.

SB CONCERNING HUMAN TRAFFICKING The bill repeals and relocates, with amendments, provisions relating to trafficking in adults, trafficking in children, and coercion of involuntary servitude. The bill adds trafficking in adults, trafficking in children, and coercion of involuntary servitude to the list of offenses against the person that qualify as a racketeering activity for the purposes of the "Colorado Organized Crime Control Act".

SB CONCERNING INFORMATION RELATING TO A REFERRAL OF SUSPECTED CHILD ABUSE BY CERTAIN MANDATORY REPORTERS CCASA provided testimony and actively amended the legislation to include victim advocates. The bill expands the list of persons who may be given access to child abuse or neglect records or reports and requires a county department of social services (county department) to provide information to a mandatory reporter concerning the mandatory reporter's report to the county department of suspected child abuse or neglect.

SB 152 Within 30 calendar days after receipt of a report, the bill requires the county dept. to provide certain information to the mandatory reporter, including but not limited to the name of the child and the date of the report, whether the referral was accepted for assessment, whether the referral was closed without services, whether the assessment resulted in services related to the safety of the child, and contact information for the caseworker investigating the report. Within 90 calendar days after receipt of the report by the county dept, a mandatory reporter may seek certain additional information from the county dept.

Dead Bills HB : CONCERNING VIOLENT ACTS THAT HARM UNBORN CHILDREN, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH SB10-113: CONCERNING FIRST DEGREE MURDER OF A FETUS, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH