House Committee on Judiciary (02/23/2009)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON JUDICIARY

Date:	02/23/2009	ATTENDANCE

Time:	02:53 PM to 09:42 PM	Apuan	X
		Court	X
Place:	SupCt	Gardner B.	X
		King	X
This Meeting was called to order by		Miklosi	X
	Representative Levy	Pace	*
		Roberts	X
This Report was prepared by		Ryden	X
	Jessika Shipley	Waller	X
		McCann	*
		Levy	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB09-1283 HB09-1274		Referred to the Committee of the Whole Amended, Referred to Appropriations

02:53 PM -- House Bill 09-1283

Representative Sonnenberg, prime sponsor, presented House Bill 09-1283 concerning an increase in the penalty for careless driving resulting in death. The bill increases the penalty for careless driving, if the driver's actions result in the death of another person, to a class 1 misdemeanor. Under current law, the penalty for careless driving resulting in death is a class 1 misdemeanor traffic offense. In addition to the penalties for a class 1 misdemeanor, individuals convicted of this crime must be sentenced to 8 hours of community service per month for a year and 32 hours of driver training.

02:56 PM -- Bobby Juchem, Colorado State Patrol, spoke in support of the bill. Mr. Juchem explained the three main components of the bill. He discussed careless driving accidents and how they can generally be avoided. He stated his belief that the bill is a great start to addressing the problem of careless driving. He indicated that the mandatory community service sentence gives back to the community that was damaged by careless driving. Additionally, looking victims' families in the eye is an effective way to change bad driving behavior. He discussed the attitudinal adjustments that are included in driver training classes. Mr. Juchem responded to questions from the committee about careless driving offenses.

03:02 PM -- Douglas and Teresa Templeton, representing themselves, spoke in support of the bill. Mr. Templeton described the accident that killed his son, a Colorado State Trooper, in October 2008, and the effect of his son's death on the family. He indicated that the current consequences for careless driving were not sufficient.

03:15 PM -- Robin and Terri Peterson, representing themselves, spoke in support of the bill. Mr. Peterson described the accident that killed his daughter. He was not satisfied with the judicial process after her daughter's death and indicated that this bill would address his concerns.

03:19 PM -- Mark Randall, Colorado District Attorneys Council (CDAC), spoke in support of the bill. Mr. Randall responded to questions from the committee about the current penalties for careless driving resulting in death and how the bill would affect those penalties. He discussed the consequences of moving this offense from a traffic misdemeanor to a criminal misdemeanor.


BILL:	HB09-1283
TIME:	03:31:09 PM
MOVED:	Waller
MOTION:	Adopt prepared amendment L.001 (Attachment A). The amendment strikes the portions of the bill relating to mandatory community service and driver's training. The motion failed on a vote of 5-6.
SECONDED:	Roberts
		VOTE
	Apuan	No
	Court	No
	Gardner B.	Yes
	King	No
	Miklosi	No
	Pace	Yes
	Roberts	No
	Ryden	No
	Waller	Yes
	McCann	Yes
	Levy	Yes

Not Final YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL

03:36 PM

Committee members commented about their positions on the bill.


BILL:	HB09-1283
TIME:	03:44:08 PM
MOVED:	Roberts
MOTION:	Refer House Bill 09-1283 to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 6-5.
SECONDED:	Gardner B.
		VOTE
	Apuan	Yes
	Court	No
	Gardner B.	Yes
	King	Yes
	Miklosi	Yes
	Pace	No
	Roberts	Yes
	Ryden	No
	Waller	No
	McCann	Yes
	Levy	No

Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:46 PM -- House Bill 09-1274

Representative Weissmann, prime sponsor, presented House Bill 09-1274 concerning capital crimes. The bill eliminates the death penalty. It declares the intent of the General Assembly to use any savings resulting from the abolition of the death penalty to increase funding for the Cold Case Homicide Team of the Colorado Bureau of Investigation, created in 2007. Representative Weissmann talked about the actual use of the death penalty in Colorado. The committee discussed the appropriate penalties for serious crimes.

The following individuals testified in support of the bill:

03:57 PM -- Linda Gruno, Families of Homicide Victims and Missing Persons (FOHVAMP), discussed the lack of adequate funding for investigation of cold cases.

04:01 PM -- Diane Reichert, representing herself, related details of her experience as the friend of a murder victim. Her friend's murder was never solved. She discussed other cold cases that were similar to that of her friend. Ms. Reichert expressed her belief that the death penalty is not used and the money would be better spent solving crimes.

04:04 PM -- Gail Rice, representing herself, related details of her brother's murder. Ms. Rice's brother was a police officer who died in the line of duty. She opposes death penalty because she feels there is a different standard of justice depending on a defendant's economic situation. She believes she represents hundreds of families across the country that oppose the death penalty. Ms. Rice stated that the death penalty does not bring peace or closure to offenders.

04:09 PM -- Michael Radelet, representing himself, distributed a newspaper article about the repeal of the death penalty in New Jersey (Attachment B) and information from the U.S. Bureau of Justice Statistics about the death penalty (Attachment C). Professor Radelet is the chair of the sociology department at the University of Colorado and has published a number of books on different aspects of the death penalty. He provided statistics about cold homicide cases in the United States and in Colorado. He believes we have spent tens of millions of dollars on the death penalty in Colorado since the mid 1970s. Professor Radelet stated that the deterrent value of a potential penalty depends on two factors: the severity and the certainty. He responded to questions from the committee about the costs of the death penalty. The committee discussed the morality of the death penalty. The committee held a lengthy discussion about the potential savings under the bill. Professor Radelet discussed the distribution of death penalty prosecution cases across Colorado.

04:39 PM -- Doug Wilson, State Public Defender, and Lindy Frolich, Alternate Defense Counsel, appeared to discuss the fiscal note. Mr. Wilson talked about American Bar Association standards on capital cases and how the Office of the State Public Defender do not currently meet those standards. He discussed the caseload that a particular attorney can handle in a year. Mr. Wilson indicated that it is difficult to quantify the costs of defending any given capital case. He distributed a phased savings plan that would result from the repeal of the death penalty (Attachment D). Ms. Frolich discussed the costs in her office for defending death penalty cases. She stated that over $11 million has been spent on death penalty cases since 1978.

04:55 PM -- Howard Morton, FOHVAMP, discussed public opinion polls concerning the death penalty and funding cold cases.

05:02 PM -- Diane Harrell, FOHVAMP, related details of her experience as the mother of a murder victim. She asked the committee to fund the cold case unit.

05:05 PM -- Donna Zuniga, FOHVAMP, related details of her experience as a family member of a murder victim.

05:08 PM -- Celestina Terry, FOHVAMP, testified in regard to cold cases and public safety. She related details of her experience as a family member of a murder victim.

05:12 PM -- Doris Espinoza, FOHVAMP, related details of her experience as a mother of a murder victim. She was accompanied by her daughter, Jacqueline Espinoza, who testified in support of the bill as well.

05:18 PM -- Lori Weideman, FOHVAMP, related details of her experience as a sister of a murder victim.

05:20 PM -- Pamela Schuker, representing herself, related details of her experience as the mother of a murder victim.

05:23 PM -- Frank Birgfield, representing himself, related details of his experience as the father of a missing person. He lauded the efforts of the law enforcement and the community to solve the case and find his daughter.

05:26 PM -- June Menger, representing herself, related details of her experience as the mother of a murder victim.

05:29 PM -- Stephanie Cummins, FOHVAMP, related details of her experience as the family member of multiple murder victims in Denver.

05:31 PM -- Sheila Fowler, representing herself, related details of her experience as the daughter of a murder victim.

05:33 PM -- Karen Steinhauser, representing herself, related details of her experience as a former prosecutor and a defense attorney. She discussed the issue of individuals sentenced to death who turn out to be innocent of the crime for which they were convicted. She talked about the geographic distribution of death penalty cases. She does not believe the death penalty acts as a deterrent to crime. She commented that the death penalty puts a value on the life of murder victims, with regard to which defendants are sentenced to death and which ones are not. She responded to questions from the committee about a death penalty case she prosecuted.

05:47 PM -- Richard Bloch, representing himself, related details of his experience as a former district attorney who prosecuted death penalty cases in the 18th Judicial District. He opposes the death penalty on moral and philosophical grounds. He talked about the pressures imposed on district attorney's offices by death penalty cases and stated his belief that the death penalty is not an effective deterrent. He responded to questions from the committee about his beliefs concerning the death penalty.

05:54 PM -- Lisa Cisneros, Coloradans Against the Death Penalty, distributed a written statement to the committee (Attachment E). She read her prepared remarks.

05:58 PM -- Daniel Romero, Hunger for Justice, Colorado Council of Churches, and the Conference Board of Church and Societies of the United Methodist Church, asked the committee to consider the morality of the death penalty. He discussed the faith of the members and suggested that the death penalty is an unjust penalty. He talked about the fundamental worth of all people and raised the issue of redemption.

06:03 PM -- Brad Wood, Lutheran Advocacy Ministry, discussed the faith-based morality of the death penalty.

06:05 PM -- Bill Carmody, Colorado Catholic Conference, discussed the Catholic position on the death penalty.

06:08 PM -- Bonny Lee Michaelson, representing herself, took a neutral position on the bill. Ms. Michaelson distributed a written statement to the committee (Attachment F) and read her prepared remarks.

06:12 PM -- Angie Austin, representing herself, related details of her experience as a rape victim. One of her rapists was sentenced to death and the other was incarcerated. The death penalty was not applied equally to the defendants in her case. She believes that is wrong and needs to be addressed through this bill.

06:15 PM -- Gail LeSeur, representing herself, related details of her experience as the mother of a murder victim.

06:17 PM -- Pam and Frank Kinslow, representing themselves, related details of their experience as the parents of a murder victim. They are willing to trade vengeance for justice.

06:20 PM -- Lisa Cappeli, representing herself, related details of her experience as the daughter of a murder victim. Ms. Cappeli was able to solve her mother's homicide, but stressed there are 1,400 unsolved murder cases and those families need assistance to get closure.

06:24 PM -- Israel Mark Gruber, representing himself, stated that if evidence shows that more lives are saved when the funding dedicated to the death penalty is shifted to the investigation of cold cases, that funding must be shifted. If the evidence does not show an increase in lives saved by investigating cold cases, the funding should not be shifted. He stated that abolishment of the death penalty is not necessary in order to increase funding for cold cases.

The following individuals testified in opposition to the bill:

06:28 PM -- John Suthers, Colorado Attorney General, stated that Colorado should retain the death penalty because there are heinous crimes for which life in prison is an inadequate societal response. Colorado voters have voted twice to retain the death penalty and any change should be referred to the voters. He provided examples of crimes for which life in prison is not a sufficient penalty. He discussed an earlier abolition of the death penalty in Colorado. He talked about the Homicide Assistance Unit in his office. Mr. Suthers responded to questions from the committee. The committee held a lengthy discussion about the deterrent value of the death penalty.

07:00 PM -- Jeanne Smith, Colorado Division of Criminal Justice, serves as a member of the state witness protection board. Ms. Smith is a former prosecutor. She stressed that just because someone opposes the death penalty, that does not mean they oppose the solving of cold cases. She discussed deterrence of crime and statutory aggravating circumstances in sentencing. She stated her belief that society demands a strong response in particularly heinous crimes. The process of seeking the death penalty should be considered and thoughtful. Ms. Smith indicated that the potential savings of abolishing the death penalty are illusory. The committee discussed Ms. Smith's experience prosecuting death penalty cases and the local investigation of cold homicide cases. The committee discussed the application of funding to cold case investigation and whether it helps to solve the cases.

07:18 PM -- Kathy Sasak, Colorado Department of Public Safety, is the chair of the Cold Case Task Force created in 2007. Ms Sasak is a former prosecutor and she provided her opinion about the death penalty. She indicated that the Cold Case Task Force meets regularly and has surveyed law enforcement in Colorado to determine how many cold cases exist in the state. They have created a database, which shows that approximately half of the cold cases are in the City and County of Denver. The Denver Police Department has its own cold case investigations unit. The task force is also providing training regarding cold case investigations. Ms. Sasak responded to questions from the committee.

07:32 PM -- Ron Sloan, Colorado Bureau of Investigation, recognized that resources for investigating cold cases is stretched very thin. He stated his belief that it would be inadvisable to direct funding exclusively toward solving cold cases. The current model for the cold case database is promising and the CBI is developing a collaborative review team for cold cases that includes law enforcement, the CBI, the Federal Bureau of Investigation, and others, which he believes will be extremely effective. Each local agency has unique needs and he sees the CBI role as one of support to local law enforcement. He indicated that dedicating more monetary resources to cold cases will not actually solve them.

07:44 PM -- Don Quick, Colorado District Attorneys Council, discussed the notion that the death penalty is applied appropriately in Colorado. He believes it is. He stated that it is carefully and seldom used. Mr. Quick stressed that the real issue is whether the death penalty is moral or not. He related details of his experience with the death penalty. He responded to questions from the committee regarding the appropriate venue for investigating cold cases.

07:57 PM -- Tom Raynes, Colorado Attorney General's Office, distributed a letter to members of the committee regarding the Attorney General's Homicide Assistance of Unit from Don Quick (Attachment G). He discussed the work of the unit and stated that it investigates cold cases and often makes great progress. He suggested that the question of the death penalty be taken to the people. He discussed the fiscal implications of the bill.

08:05 PM -- Mark Randall, Colorado District Attorneys Council, related details of his experience prosecuting death penalty cases. He stated that Colorado prosecutors want the death penalty as an option for particularly heinous cases.

08:08 PM -- Eva Wilson, Jefferson County District Attorney's Office, has prosecuted multiple death penalty cases and is married to a homicide detective. Ms. Wilson related details of her experience as a prosecutor. She responded to questions from the committee about the deterrent value of the death penalty.

08:14 PM -- Donald Crowell, representing himself, spoke in opposition to the bill. Mr. Crowell expressed concerns about advantages afforded to inmates on death row.

08:19 PM -- Charles Jamison, representing himself, spoke in opposition to the bill. Mr. Jamison said his faith supports his belief in the death penalty. He said the death penalty is not about vengeance; it is about justice.

08:21 PM -- Margery Crowell, Buck Crowell, and April Crowell, representing themselves, spoke in opposition to the bill. Mrs. Crowell shared the story of her daughter, Sylvia's, murder and the later conviction of her murderer. Mrs. Crowell said funding for the cold case unit should not be an excuse to abolish the death penalty. Mr. Crowell provided data to illustrate that the murder rate is higher without a death penalty. Ms. Crowell said she sympathizes with the families of victims of cold homicide cases, but thinks it is disingenuous to marry these two issues.

08:30 PM -- Aileen Schwarz, representing herself, related details of her experience as the family member of a murder victim.

08:31 PM -- Sarah Crowley, representing herself, related details of her experience as a juror on a death penalty case. Ms. Crowley stated her belief that taking away justice for some victims to give it to other victims in wrong.

08:33 PM -- Jocelan Martell, representing herself, related details of her experience as the mother of a murder victim. Ms. Martell indicated that this bill divides victims.

08:37 PM -- Rhonda Fields, representing herself, related details of her experience as the mother of a murder victim. Ms. Fields does not believe that repealing the death penalty is an appropriate response to the problems facing the state. Each case is different and deserves the appropriate penalty option. She stated her belief that the bill is dishonest and the voters should have the right to decide the issue.

08:42 PM -- Cynthia Garner Floro, representing herself, related details of her experience as a juror on a death penalty case.

08:46 PM -- Joe Cannata, Voices of Victims, related details of his experience as the father of a murder victim and as a victim advocate.

08:51 PM -- Melissa McDermid Petrucelli, representing herself, related details of her experience as the daughter of a murder victim. Ms. McDermid Petrucelli reiterated testimony of previous witnesses regarding allowing the voters to decide whether Colorado should use the death penalty or not.


BILL:	HB09-1274
TIME:	08:55:35 PM
MOVED:	Court
MOTION:	Adopt prepared amendment L.001 (Attachment H). The amendment clarifies that the bill will not commute the sentence of anyone already sentenced to death. The motion passed without objection.
SECONDED:	Miklosi
		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


BILL:	HB09-1274
TIME:	09:01:08 PM
MOVED:	Levy
MOTION:	Adopt prepared amendment L.002 (Attachment I). The amendment clarifies that FTE level in the Attorney General's Office will be maintained. The motion passed without objection.
SECONDED:	Miklosi
		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


BILL:	HB09-1274
TIME:	09:18:27 PM
MOVED:	Levy
MOTION:	Adopt prepared amendment L.003 (Attachment J). The amendment changes the legislative intent of the bill to dedicate half of the savings from the abolition of the death penalty to the cold case unit. The motion failed on a vote of 2-9.
SECONDED:	McCann
		VOTE
	Apuan	Yes
	Court	No
	Gardner B.	No
	King	No
	Miklosi	No
	Pace	No
	Roberts	No
	Ryden	No
	Waller	No
	McCann	Yes
	Levy	No

Not Final YES: 2 NO: 9 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB09-1274
TIME:	09:13:25 PM
MOVED:	McCann
MOTION:	SUBSTITUTE MOTION: Adopt prepared amendment L.004 (Attachment K). The committee discussed the effect of the amendment. The motion failed on a vote of 2-9.
SECONDED:	Court
		VOTE
	Apuan	No
	Court	Yes
	Gardner B.	No
	King	No
	Miklosi	No
	Pace	No
	Roberts	No
	Ryden	No
	Waller	No
	McCann	Yes
	Levy	No

Not Final YES: 2 NO: 9 EXC: 0 ABS: 0 FINAL ACTION: FAIL

09:18 PM

Representative Weissmann wrapped up his presentation of the bill and asked for the committee's favorable recommendation.


BILL:	HB09-1274
TIME:	09:41:54 PM
MOVED:	Pace
MOTION:	Refer House Bill 09-1274, as amended, to the Committee on Appropriations with a favorable recommendation. Committee members commented extensively about their positions on the bill. The motion passed on a vote of 7-4.
SECONDED:	Miklosi
		VOTE
	Apuan	Yes
	Court	Yes
	Gardner B.	No
	King	No
	Miklosi	Yes
	Pace	Yes
	Roberts	No
	Ryden	Yes
	Waller	No
	McCann	Yes
	Levy	Yes

Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

09:42 PM

Representative Levy adjourned the committee.