February 11, 2015 12:52 PM UTC

Hijacking "Erin's Law"--What's Going On Here?

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• by: Colorado Pols

WEDNESDAY UPDATE #2: FOX 31's Eli Stokols:

After a couple weeks of speculation that Republicans, who control the committee, were considering an amendment that would have rolled back the comprehensive sex education program Democrats enacted last year — effectively daring Democrats to vote against their own bill aimed at helping victims of child sexual abuse in order to preserve sex ed — the committee took up the bill again on Wednesday.

After one amendment, drafted by Sen. Laura Woods, R-Arvada, along with the bill sponsor, Sen. Linda Newell, D-Littleton, the committee quickly voted S.B. 20 on to the Senate Judiciary Committee on a unanimous vote.

“I thought we were going to have my bill hijacked,” said Newell, who fought back tears as she expressed her relief after the vote. “It’s a great day for victims and survivors of child sexual abuse.” [Pols emphasis]

Newell also thanked Republicans for allowing the bill to move forward without any “poison pill” amendments.

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WEDNESDAY UPDATE: Anticlimactic end today–Republicans reportedly abandon attempt to "hijack" Erin's Law, the bill passes to Senate Judiciary unamended. Says one Gold Dome source:

The public shaming worked.

We've heard from two sources now that Sen. Owen Hill, chair of the Education Committee, is the one who decided to pull the plug on this attempted hijacking. There is some question as to when he made this decision, but two weeks ago, he was clearly on board with delaying the bill to entertain Laura Woods' amendment. It's possible that the full story of this little controversy will entitle Sen. Hill to a thanking and a spanking? We'll update as we learn more. Original post follows.

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On January 29th, the Republican-controlled Senate Education Committee heard testimony on a bill known as "Erin's Law." Senate Bill 15-020, sponsored by Democratic Sen. Linda Newell and Rep. Beth McCann, would create new educational materials to raise awareness about childhood sexual assault. A press release from the Colorado Coalition Against Sexual Assault explains more about this bill's provisions:

The Colorado Coalition Against Sexual Assault (CCASA) urges Coloradans to support the passage of SB 20—Colorado’s Version of Erin’s Law, which is in its first hearing in the Senate Education Committee this Thursday, January 29th. Erin Merryn, for whom the law is named, is a child sexual abuse survivor and activist who has been instrumental in passing similar legislation in 19 other states. Erin’s Law is designed to assist schools with education and response to child sexual abuse.

The key components of the Colorado’s SB 20 include:

1. Requiring the Colorado School Safety Resource Center to hire a new staff member. This person’s specific role will be to provide curricula recommendations and training for school personnel, youth, and parents on child sexual abuse prevention, awareness, and intervention.

2. Encouraging school districts and charter schools to adopt a child sexual abuse prevention plan, which includes comprehensive age-and developmentally-appropriate curricula for kindergarten through 12th grade students on child sexual abuse awareness and prevention.

3. Encouraging school districts and charter schools to provide professional development opportunities for school personnel in preventing, identifying, and responding to child sexual abuse and assault.

On its face, this seems like the kind of legislation that should pass 100-0 in the Colorado General Assembly and be swiftly signed into law by Gov. John Hickenlooper. Integrating awareness about sexual assault into existing sex ed and other education programs seems like an ideal way to combat the problem. In testimony in favor of the bill (see video of Erin Merryn's testimony before Senate Education after the jump), supporters explained how children often don't have the frame of reference to understand that what's being done to them is a crime–and others have no idea who to turn to when they are assaulted. That's why this law has passed uncontroversially in 19 other states.

During the bill's hearing on January 29th, Education Committee Republicans repeatedly made reference to "amendments" they wanted to introduce, and announced their intention to lay Senate Bill 20 over to an unspecified date in the future just as testimony was getting under way. Democratic Sen. Andy Kerr objected to this, calling attention to the many witnesses testifying in favor of the bill who deserved action. Those objections were overruled–and after Sen. Vicki Marble assured those present that they "would not be disappointed" by the unknown amendment in question, the bill was laid over.

Until tomorrow. Erin's Law is back on the Education Committee calendar for Wednesday at 1:30PM. We don't know much about the amendment Republicans are rumored to be dropping tomorrow, but we've heard that it may involve drastic changes to sexual education in the state–changes that have little to do with the intent of Erin's Law. There is a possibility that Republicans will attempt to repeal in whole or part or otherwise compromise the 2013 comprehensive update of sex ed curriculum, which updated a decades old "abstinence centric" model and better accommodated LGBT students.

Bottom line: Education Committee Republicans may be about to twist Erin's Law into something the witnesses who testified in support of Erin's Law would never support. We'll find out tomorrow.