Date: 03/15/2010

Final
BILL SUMMARY for HB10-1094

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Postpone indefinitely House Bill 10-1094. The mot
Refer House Bill 10-1094 to the Committee of the W		PASS
FAIL



02:00 PM -- House Bill 10-1094

Representative C. Gardner, prime sponsor, presented House Bill 10-1094 concerning the use of deadly physical force against a person who makes an illegal entry into a place of business. Under existing law, an individual is justified in using deadly force against another person if the other person has unlawfully entered the individual's dwelling and the individual believes that the other person has committed a crime or intends to commit a crime and may use physical force against the occupant of the dwelling. Any use of physical or deadly force by the occupant in this situation is immune from prosecution.

This bill expands that law to provide immunity to an owner, manager, or an employee who uses deadly force against another person in a place of business under the same circumstances. It also provides immunity for individuals to use deadly force if it is necessary to prevent another person, who is unlawfully trespassing, from committing first degree arson.

Representative C. Gardner responded to questions about whether the bill is about immunity or self-defense. The committee discussed the language of the bill pertaining to the use of deadly physical force.

02:18 PM -- Chief Dan Brennan, Colorado Association of Chiefs of Police, spoke in opposition to the bill. Chief Brennan stated his opinion that the bill goes too far in allowing deadly physical force for a place of business. He talked about existing law that allows reasonable physical force in the defense of one's person or property. He spoke about situations that do not require deadly physical force involving a trespass. Chief Brennan responded to questions from the committee about the reasonable belief that a trespasser means to do physical harm to one or more individuals. The committee discussed unlawful entry and the use of force at length.

02:43 PM -- Amy Miller, Colorado Coalition Against Domestic Violence, spoke in opposition to the bill. Ms. Miller expressed concerns that the standard of justified use of deadly force in the bill is far too low. She discussed circumstances that could occur in domestic violence cases where a victim is invited to a home or business, only to have deadly force used against the victim. Ms. Miller responded to questions from the committee about the use of deadly force in domestic violence situations.

02:52 PM -- Mark Randall, Colorado District Attorneys' Council, spoke in opposition to the bill. Mr. Randall stated that some district attorneys support the bill, but the majority of the council opposes it. He provided a lengthy explanation of the current "make my day" law and how the bill fits with existing statute. He addressed questions raised by members of the committee. He expressed concerns with the lack of specificity of the definitions in the bill. Mr. Randall responded to questions from the committee about the use of the "make my day" defense. The committee discussed the reasoning process that may occur when making a determination about whether deadly force is imminent.

03:29 PM -- Sheriff Jim Alderden, County Sheriffs of Colorado, spoke in support of the bill. Sheriff Alderden discussed the history of the "make my day" law. He spoke to the need for legal protection, both criminal and civil, for business owners. He talked about his experience as a police officer dealing with the threat of deadly force. He responded to questions from the committee.

03:36 PM -- Bob Edmiston, Firearms Coalition of Colorado, spoke in support of the bill. Mr. Edmiston distributed two handouts concerning gun control research to the committee (Attachments B and C). He spoke about the deterrent effect of firearms on the commission of crimes. He expressed his opinion that the bill clarifies current law in important ways. He discussed the information contained in the two handouts. Mr. Edmiston responded to questions from the committee about training required to obtain a concealed carry permit.

100315AttachB.pdf100315AttachC.pdf

03:42 PM

Representative C. Gardner provided closing remarks. He responded to questions from the committee.

BILL:HB10-1094
TIME: 03:47:37 PM
MOVED:King S.
MOTION:Refer House Bill 10-1094 to the Committee of the Whole with a favorable recommendation. The motion failed on a vote of 5-6.
SECONDED:Nikkel
VOTE
Court
No
Gardner B.
Yes
Kagan
No
King S.
Yes
Miklosi
No
Nikkel
Yes
Pace
Yes
Ryden
No
Waller
Yes
McCann
No
Levy
No
Not Final YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:HB10-1094
TIME: 03:48:21 PM
MOVED:Kagan
MOTION:Postpone indefinitely House Bill 10-1094. The motion passed on a vote of 6-5.
SECONDED:Court
VOTE
Court
Yes
Gardner B.
No
Kagan
Yes
King S.
No
Miklosi
Yes
Nikkel
No
Pace
No
Ryden
Yes
Waller
No
McCann
Yes
Levy
Yes
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS




03:48 PM

Representative Levy adjourned the committee.