Bill Summary for Bill Number HB09-1121

Date: 02/12/2009

Final
BILL SUMMARY for HB09-1121

HOUSE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Adopt prepared amendment L.002 (Attachment A). Th Refer House Bill 09-1121, as amended, to the Commi	Pass Without Objection PASS

01:33 PM -- House Bill 09-1121

Representative King, prime sponsor, presented House Bill 09-1121 concerning the disposition of evidence collected in criminal cases. This bill repeals and re-enacts, with some changes, HB 08-1397. This summary highlights changes relative to current law, and does not address provisions retained from HB 08-1397. First, the bill reduces the number of cases where DNA evidence is required to be preserved. Specifically, non-sex offense misdemeanor cases would no longer be subject to DNA preservation requirements. Other evidence, unless it involves a class 1 felony or sex offense subject to indeterminate sentencing, may be disposed of with a court order.

The bill streamlines the existing process for a court to approve the disposal of DNA evidence in cases where neither the district attorney nor the defendant objects to such disposal. The bill also specifies that the defendant may petition the court for disposal of DNA evidence, and specifies a process for doing so. In cases where the evidence being held is property of the victim, the bill specifies a process for having the evidence returned to the victim. Finally, the bill provides a new level of detail regarding noticing requirements for the district attorney or the court when they want to dispose of DNA evidence.

HB 08-1397 required the preservation of all evidence that may contain DNA collected in cases resulting in a conviction for a Class 1 felony or a sex offense for the life of the defendant, and required court approval for the disposal of all other DNA evidence. If charges are not filed, the evidence must be preserved for the length of the applicable statute of limitations. Among other things, the bill also specified a process for the disposal of evidence, including notice requirements for the district attorney and the defendant's attorney.

01:37 PM -- Doug Wilson, Colorado State Public Defender, spoke in support of the bill. Mr. Wilson was a part of a working group that met in 2008 addressing DNA issues. He discussed prepared amendment L.002 (Attachment A), which allows a defendant to waive his or her right to preservation of DNA evidence under certain circumstances. He stated that the bill represents the best possible compromise on DNA evidence preservation that could be reached between prosecutors and defense attorneys. Mr. Wilson responded to questions from the committee about situations in which preservation of evidence is not necessary. The committee discussed the evidence covered by this bill. Representative Levy raised questions about the mechanics of the bill. Mr. Wilson discussed the typical process of handling DNA evidence in criminal cases. The committee held a lengthy discussion about the procedures outlined in the bill. Mr. Wilson talked about due process concerns raised by page 5, lines 6-11, bringing up state and federal case law.

02:07 PM -- Ted Tow, Colorado District Attorneys Council (CDAC), spoke in support of the bill. Mr. Tow discussed how the 2008 bill went awry from the district attorneys' perspective. He believes this bill balances the interests of retaining DNA with not overburdening local law enforcement agencies. He stated that this bill focuses on evidence that is relevant to the issue at hand. It also changes notice requirements and clarifies references to destruction as opposed to disposition. He addressed some of the questions raised during the committee discussion. Representative Levy raised concerns about the lack of a hearing requirement on page 6, lines 22-27. Mr. Tow indicated that such a requirement would result in a large fiscal impact from the Judicial Department. He addressed the due process concerns raised by Representative Levy.

02:25 PM -- Daniel Oates, Colorado Association of Chiefs of Police, spoke in support of the bill. Mr. Oates indicated that most police agencies are not destroying any evidence currently due to anxieties created by the 2008 bill. He stated that this bill relieves those anxieties.

02:28 PM -- Ron Sloan, Colorado Bureau of Investigation, spoke in support of the bill. Mr. Sloan stated that the DNA working group that met in 2008 brought together all of the stakeholders, including district attorneys, the public defender, the Colorado Criminal Defense Bar, chiefs of police, county sheriffs, and the Department of Public Safety. All of these groups have a vested interest in justice.

02:31 PM -- Doug Darr, County Sheriffs of Colorado, spoke in support of the bill. Sheriff Darr indicated that this bill is an improvement over the 2008 legislation.


BILL:	HB09-1121
TIME:	02:34:28 PM
MOVED:	King
MOTION:	Adopt prepared amendment L.002 (Attachment A). The motion passed without objection.
SECONDED:	Roberts
		VOTE
	Apuan
	Court
	Gardner B.
	King
	Miklosi
	Pace
	Roberts
	Ryden
	Waller
	McCann
	Levy

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

02:34 PM

Representative King wrapped up his presentation of the bill and asked for a favorable recommendation.


BILL:	HB09-1121
TIME:	02:36:43 PM
MOVED:	King
MOTION:	Refer House Bill 09-1121, as amended, to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 11-0.
SECONDED:	Roberts
		VOTE
	Apuan	Yes
	Court	Yes
	Gardner B.	Yes
	King	Yes
	Miklosi	Yes
	Pace	Yes
	Roberts	Yes
	Ryden	Yes
	Waller	Yes
	McCann	Yes
	Levy	Yes

Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS