Date: 02/23/2009

Final
BILL SUMMARY for HB09-1121

SENATE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Refer House Bill 09-1121 to the Committee of the WPASS



01:42 PM -- House Bill 09-1121

Senator Renfroe, bill sponsor, explained the provisions of House Bill 09-1121. He explained that the bill repeals and re-enacts some provisions of House Bill 08-1397 from the previous legislative session. Specifically, the bill relates to DNA preservation for certain cases. It specifies that DNA does not need to be preserved for non-sex offense misdemeanor cases. It also streamlines the process for the court to approve the disposal of DNA evidence.

01:44 PM -- Doug Wilson, representing the Office of the State Public Defender, spoke in support of the bill. He explained that this bill attempts to clear up some issues from House Bill 08-1397 concerning preservation of DNA evidence. Mr. Wilson explained that the bill from last year had a few provisions that may not have been clear and House Bill 09-1121 provides more clarity.


01:47 PM

Senator Carroll asked about the length of time for DNA storage and how that effects post-conviction remedies. Mr. Wilson stated that the bill requires DNA preservation for class 1 felonies and sex offenses for the life of the defendant. Senator Newell asked about protecting the families of victims and the rights of victims. Senator King asked about how and where evidence is preserved.

01:58 PM -- Ted Tow, representing the Colorado District Attorney's Council, spoke in support of the bill. He discussed the importance of DNA preservation. Mr. Tow noted that the bill from last session was too broad. He stated that this bill only covers felonies, felony investigations, and misdemeanors only if they began as sex offenses.

02:03 PM -- Don Quick, representing the Colorado District Attorney's Council, spoke in support of the bill. He discussed the history of this bill.


02:06 PM

Senator Renfroe concluded his discussion of the bill.
BILL:HB09-1121
TIME: 02:07:00 PM
MOVED:Renfroe
MOTION:Refer House Bill 09-1121 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