BILL SUMMARY for HB09-1262
SENATE COMMITTEE ON JUDICIARY
|Votes: View--> ||Action Taken: |
|Refer House Bill 09-1262 to the Committee of the W||PASS|
02:40 PM -- House Bill 09-1262
Senator Morse, bill sponsor, explained the provisions of House Bill 09-1262. He explained the types of crimes for which people can be arrested, such as felonies, misdemeanors, and petty offenses. Senator Morse noted that a district attorney has to decide to charge an individual with a felony, but a police officer can charge an individual with crimes below a felony. Even though a district attorney has to decide charges for a felony, according to Senator Morse, a police officer arrests the individual for a felony. He explained that for the lower felony classes and for misdemeanors, most of the time a person receives a summons and does not have to spend time in jail awaiting trial; however, a summons is not an option for the higher felonies (classes 1,2, and 3). Senator Morse stated that this bill eliminates the need for district attorney approval to issue the summons for the class 4, 5, and 6 felonies.
02:52 PM -- Peter Weir, representing the Department of Public Safety, spoke in support of the bill. He discussed the reasons for having a demarcation between class 1, 2, and 3 felonies as opposed to class 4, 5, and 6 felonies for the purposes of the bill.
02:58 PM -- Doug Wilson, representing the Office of the State Public Defender, spoke in support of the bill. He explained that the idea is to allow individuals to stay in the community, rather than in jail, while awaiting trial. He noted that the hope is to cut down on some of the crowding in the jails.
03:02 PM -- Don Quick, representing Colorado District Attorneys Council, spoke in support of the bill. He indicated that the bill both addresses jail overcrowding and consistency in issuing summons for felony arrests.
03:05 PM -- Doug Darr, representing the County Sheriffs of Colorado, spoke in support of the bill. He explained the difference between an arrest warrant and a summons.
|TIME: || 03:08:52 PM|
|MOTION:||Refer House Bill 09-1262 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a 7-0 roll call vote. |
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
The committee adjourned.