Bill Summary for Bill Number HB10-1239

Date: 02/25/2010

Final
BILL SUMMARY for HB10-1239

HOUSE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Adopt prepared amendment L.001 (Attachment A). Th Adopt prepared amendment L.002 (Attachment B). Th Adopt prepared amendment L.003 (Attachment C). Th Postpone House Bill 10-1239 until May 20, 2010. T Postpone House Bill 10-1239 until May 21, 2010. T Refer House Bill 10-1239, as amended, to the Commi	Pass Without Objection Pass Without Objection Pass Without Objection FAIL TIE FAIL

01:44 PM -- House Bill 10-1239

Representative Waller, prime sponsor, presented House Bill 10-1239 concerning a requirement that a defendant provide notice of the intent to raise certain statutory defenses. The bill requires a defendant to provide notice if he or she plans to introduce evidence of a mental condition that prevented him or her from having the required mental state for the crime. The court may order an evaluation after the notice is provided. A defendant is also required to provide notice if he or she plans to introduce evidence concerning self-induced intoxication, including the type of substance taken and the name of the practitioner who prescribed the substance. For both the notice of the mental condition and the notice of self-induced intoxication, the defendant is to provide notice at the time of arraignment or at least 30 days prior to the trial.

Representative Waller responded to questions from the committee about the provisions of the bill relating to mental condition or mental state. The committee discussed the rules of discovery. Representative Waller distributed prepared amendments L.001, L.002, and L.003 (Attachments A, B, and C).

02:00 PM -- Mark Randall, Colorado District Attorneys' Council (CDAC), spoke in support of the bill. Mr. Randall discussed the ways the bill will make criminal trials in Colorado more fair. He talked about cases in which mental condition or mental state are raised as part of a defendant's legal defense. He addressed the fiscal note. Mr. Randall spoke about defenses related to intoxication and the intent to commit a crime. The bill requires a defendant to notify the prosecution whether they are claiming voluntary or involuntary intoxication. A successful involuntary intoxication defense will result in complete exoneration for the defendant. Mr. Randall discussed the procedure that would be required under the bill for informing the prosecution of the defenses covered by the bill. He responded to questions from the committee.

02:17 PM -- Doug Wilson, Colorado State Public Defender, spoke in opposition to the bill. Mr. Wilson addressed the fiscal note, which does not reflect the entire amount estimated by his office. He talked at length about the defense of not guilty by reason of insanity. If an individual pleads not guilty by reason of insanity, the prosecution is given access to all medical and mental health records for the entire lifetime of the defendant. He discussed case law on the subject of a culpable mental state. He returned to the issue of the fiscal impact of the bill, which will be high because of vagueness in the bill. He indicated that the bill will apply to any defense that does not require a culpable mental state. Mr. Wilson responded to questions from the committee about the potential meaning of the terms "mental condition" or "mental functioning" in the bill.

02:45 PM -- Mark Hurlbert, 5th Judicial District, spoke in support of the bill. Mr. Hurlbert provided an example of a case he prosecuted in which the defendant stated that he did not have the requisite mental state to commit the crime. He discussed the reasons that the prosecution needs to be informed of the potential defense in a criminal case. He responded to questions from the committee.

02:50 PM -- Peg Ackerman, County Sheriffs of Colorado, spoke in support of the bill.

02:51 PM -- Maureen Cain, Colorado Criminal Defense Bar, spoke in opposition to the bill. Ms. Cain expressed concern about the vagueness of the language in the bill. She discussed rules of discovery in the Colorado Rules of Criminal Procedure. She stated that the bill does not level the playing field, but unfairly burdens the defense. Ms. Cain stressed that the defense is already required to disclose expert witnesses who will speak to a defendant's mental state. She responded to questions from the committee.

02:59 PM -- Geoff Blue, Colorado Attorney General's Office, spoke in support of the bill.

03:03 PM

Representative Levy recessed the committee.

03:09 PM

Representative Levy called the committee back to order. Representative Waller explained prepared amendments L.001, L.002, and L.003.


BILL:	HB10-1239
TIME:	03:10:08 PM
MOVED:	Waller
MOTION:	Adopt prepared amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:	Gardner B.
		VOTE
	Court
	Gardner B.
	Kagan
	King S.
	Miklosi
	Nikkel
	Pace
	Ryden
	Waller
	McCann
	Levy

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


BILL:	HB10-1239
TIME:	03:10:29 PM
MOVED:	Waller
MOTION:	Adopt prepared amendment L.002 (Attachment B). The motion passed without objection.
SECONDED:	Gardner B.
		VOTE
	Court
	Gardner B.
	Kagan
	King S.
	Miklosi
	Nikkel
	Pace
	Ryden
	Waller
	McCann
	Levy

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


BILL:	HB10-1239
TIME:	03:10:52 PM
MOVED:	Waller
MOTION:	Adopt prepared amendment L.003 (Attachment C). The motion passed without objection.
SECONDED:	Nikkel
		VOTE
	Court
	Gardner B.
	Kagan
	King S.
	Miklosi
	Nikkel
	Pace
	Ryden
	Waller
	McCann
	Levy

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

03:11 PM

Representative Waller discussed a further amendment that was not prepared ahead of time.


BILL:	HB10-1239
TIME:	03:13:57 PM
MOVED:	Waller
MOTION:	Refer House Bill 10-1239, as amended, to the Committee on Appropriations with a favorable recommendation. The motion failed on a vote of 5-6.
SECONDED:	Gardner B.
		VOTE
	Court	No
	Gardner B.	Yes
	Kagan	No
	King S.	Yes
	Miklosi	No
	Nikkel	Yes
	Pace	No
	Ryden	No
	Waller	Yes
	McCann	Yes
	Levy	No

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


BILL:	HB10-1239
TIME:	03:17:17 PM
MOVED:	Levy
MOTION:	Postpone House Bill 10-1239 until May 20, 2010. The motion failed on a vote of 5-6.
SECONDED:	Ryden
		VOTE
	Court	No
	Gardner B.	No
	Kagan	Yes
	King S.	No
	Miklosi	Yes
	Nikkel	No
	Pace	Yes
	Ryden	Yes
	Waller	No
	McCann	No
	Levy	Yes

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


BILL:	HB10-1239
TIME:	03:18:00 PM
MOVED:	Pace
MOTION:	Postpone House Bill 10-1239 until May 21, 2010. The motion failed for the lack of a second.
SECONDED:
		VOTE
	Court
	Gardner B.
	Kagan
	King S.
	Miklosi
	Nikkel
	Pace
	Ryden
	Waller
	McCann
	Levy

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE