Bill Summary for Bill Number HB10-1347

Date: 03/11/2010

Final
BILL SUMMARY for HB10-1347

HOUSE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Adopt prepared amendment L.002 (Attachment A). Th Adopt prepared amendment L.003 (Attachment B). Th Adopt prepared amendment L.004 (Attachment C). Th Adopt prepared amendment L.005 (Attachment D). Th Refer House Bill 10-1347, as amended, to the Commi	Pass Without Objection Pass Without Objection Pass Without Objection Pass Without Objection PASS

01:42 PM -- House Bill 10-1347

Representative Levy, prime sponsor, presented House Bill 10-1347 concerning misdemeanor penalties for persons who are convicted of multiple traffic offenses involving alcohol or drugs. She stated that the bill has the full support of the Colorado Commission on Criminal and Juvenile Justice. Current law provides one set of penalties for a first offense of driving under the influence (DUI), DUI per se, driving while ability impaired (DWAI), and driving as a habitual user of a controlled substance. A second, more restrictive set of penalties exists for any subsequent convictions of those offenses. This bill adjusts the penalties for a second offense and creates a new set of penalties for a third or subsequent offense.

During the mandatory period of imprisonment, an individual may only participate in certain county jail sentencing alternatives (i.e., work, educational, and medical release; home detention; and day reporting) if such programs are available through the county where the individual is incarcerated and if it is for the purpose of:

• continuing a position of employment held at the time of sentencing;
• continuing attendance at an educational institution at which the individual was enrolled at the time of sentencing; or
• participation in a court-ordered alcohol or substance abuse education or treatment program.

A subsequent offense that occurs less than five years after a prior conviction is not eligible for alternative sentencing options such as a deferred prosecution, a deferred sentence, home detention, day reporting, etc. Repeat offenders are also not eligible for earned time, good time, or trusty prisoner status while serving their mandatory jail sentences.

In addition to the mandatory jail sentence, fine, and community service, all repeat offenders must complete a period of probation of at least two years. As a condition of probation the court:

• is required to impose a one-year suspended jail sentence, all or part of which may be imposed if the offender violates a condition of probation;
• is required to include a mandate that the offender complete an alcohol or substance abuse treatment program at the offender's expense;
• is required to order the offender to make restitution;
• may impose additional probation, not to exceed two years, to monitor the offender or ensure that he or she continues to receive treatment;
• may require the offender to begin a treatment program while in jail;
• may require the offender to appear in court at any time during the probation period; and
• may require the offender to use an ignition interlock device during the period of probation at the offender's own expense.

The existing minimum persistent drunk driver surcharge is raised from $50 to $100. Half of the collected surcharges will be deposited into the existing Persistent Drunk Driver Fund and the other half into the newly-created Court-ordered Alcohol Treatment Fund.

Representative Levy distributed prepared amendments L.002, L.003, L.004, and L.005 (Attachments A, B, C, and D). She responded to questions from the committee.

02:02 PM -- Tom Raynes, Colorado Attorney General's Office, spoke in support of the bill. Mr. Raynes indicated that the bill was drafted to address the problem of the inconsistent application of penalties for repeat drunk drivers across jurisdictions in the state.

02:04 PM -- Sheriff Grayson Robinson, County Sheriffs of Colorado, spoke in support of the bill. Sheriff Robinson stated that the sheriffs voted unanimously to support the bill. He addressed the impact of the bill on county jails, but stated that the public safety aspects of the bill far outweigh the jail costs. He discussed the problems that repeat DUI offenders cause for communities. He expressed his opinion that jails should provide as much meaningful treatment as possible. Sheriff Robinson responded to questions from the committee about the fiscal impact of the bill. He stated that the bill is an investment in public safety.

02:08 PM - Mark Randall, Colorado District Attorneys' Council (CDAC), spoke in support of the bill. Mr. Randall distributed a table illustrating Colorado's current DUI penalties (Attachment E). He explained how current penalties will be changed by the bill. He discussed the importance of treatment for repeat DUI offenders. Mr. Randall responded to questions from the committee about the use of ignition interlock devices. The committee discussed interlock devices at length.

02:16 PM -- Maureen Cain, Colorado Criminal Defense Bar, testified about the bill. Ms. Cain stated that the bill does not represent the best solution to the problem of repeat DUI offenders, but it is an approach she can live with.

02:18 PM

Representative Levy explained the effect of each amendment.


BILL:	HB10-1347
TIME:	02:22:05 PM
MOVED:	Levy
MOTION:	Adopt prepared amendment L.002 (Attachment A). The motion passed without objection.
SECONDED:	Court
		VOTE
	Court
	Gardner B.
	Kagan
	King S.
	Miklosi	Excused
	Nikkel
	Pace
	Ryden
	Waller
	McCann
	Levy

Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB10-1347
TIME:	02:22:20 PM
MOVED:	Levy
MOTION:	Adopt prepared amendment L.003 (Attachment B). The motion passed without objection.
SECONDED:	Court
		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:	HB10-1347
TIME:	02:23:14 PM
MOVED:	Levy
MOTION:	Adopt prepared amendment L.004 (Attachment C). The motion passed without objection.
SECONDED:	Court
		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:	HB10-1347
TIME:	02:24:37 PM
MOVED:	Levy
MOTION:	Adopt prepared amendment L.005 (Attachment D). The motion passed without objection.
SECONDED:	Court
		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

02:27 PM

Representative Levy wrapped up her presentation of the bill and asked for a favorable recommendation.


BILL:	HB10-1347
TIME:	02:28:23 PM
MOVED:	Levy
MOTION:	Refer House Bill 10-1347, as amended, to the Committee on Appropriations with a favorable recommendation. The motion passed on a vote of 11-0.
SECONDED:	Nikkel
		VOTE
	Court	Yes
	Gardner B.	Yes
	Kagan	Yes
	King S.	Yes
	Miklosi	Yes
	Nikkel	Yes
	Pace	Yes
	Ryden	Yes
	Waller	Yes
	McCann	Yes
	Levy	Yes

Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:30 PM

Representative McCann recessed the committee to wait for the next bill sponsor.