Date: 02/23/2009

Final
BILL SUMMARY for HB09-1044

SENATE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Refer House Bill 09-1044 to the Committee of the WPASS



02:07 PM -- House Bill 09-1044

Senator Morse, bill sponsor, explained the provisions of the bill. He explained that juveniles who were direct filed upon and charged as an adult are not eligible to have their records expunged. He stated that this bill would allow some juveniles with a direct filing to have their record expunged if certain circumstances are met. He discussed the reasons why he believes that this bill should be implemented.

02:11 PM -- Jeanne Smith, representing the Criminal and Juvenile Justice Commission, spoke in support of the bill. Ms. Smith explained that the philosophy for the bill is that a juvenile who is brought into adult court, but then not prosecuted as an adult, would have the same rights as they would have originally had if they had never been charged as an adult.

02:13 PM -- Doug Wilson, representing the Office of the State Public Defender, spoke in support of the bill. Mr. Wilson discussed the many impediments that juveniles have if they have an adult record, even if their case reverted back to the juvenile court.

02:14 PM -- Ted Tow, representing the Colorado District Attorney's Council, spoke in support of the bill. He discussed reasons why a juvenile may not be tried as an adult even if the original charged was a direct filing.


02:16 PM

Senator Morse concluded his presentation of the bill.
BILL:HB09-1044
TIME: 02:16:59 PM
MOVED:Morse
MOTION:Refer House Bill 09-1044 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a 5-0 roll call vote.
SECONDED:
VOTE
Hudak
Yes
King K.
Yes
Lundberg
Excused
Newell
Yes
Renfroe
Yes
Carroll M.
Excused
Morse
Yes
Final YES: 5 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS