Date: 09/14/2012

Final
Bill 5

TRANSPORTATION LEGISLATION REVIEW COMMITTEE

Votes: View--> Action Taken:
Moved that Bill 5 be included as one of the bills PASS



01:10 PM -- Bill 5

Senator King presented Bill 5 to the committee (Attachment H). The existing definition of "DUI per se" is expanded to include driving when the driver's blood contains 5 nanograms or more of delta 9-tetrahydrocannabinol per milliliter in whole blood. Under current law, in any prosecution for vehicular homicide or vehicular assault, if at the time of the commission of the alleged offense, or within a reasonable time thereafter, as shown by analysis of the defendant's blood or breath, there was 0.08 or more grams of alcohol per 100 milliliters of blood, or if there was at such time 0.08 or more grams of alcohol per 210 liters of breath, it is presumed that the defendant was under the influence of alcohol. Bill 5 removes this presumption and states instead that such fact gives rise to a "permissible inference" that the defendant was under the influence of alcohol. The bill removes statutory instances of the term "habitual user". Senator King discussed the provisions of the bill.

12TLRC0914AttachH.pdf

01:18 PM

Senator Williams commented on the bill and asked about individuals who have medical marijuana cards. Senator King responded that no one should get behind the wheel while impaired after smoking marijuana. Senator Hudak asked about statistics from the Department of Transportation. Senator King commented on statistics from the Colorado Department of Public Health and Environment (CDPHE). Representative Barker commented the need to make driving under the influence of drugs more controllable and stressed the importance of focusing on the safety aspect of the issue.

The following person signed up to testify:

01:27 PM -- Mr. Michael Elliott, representing the Medical Marijuana Industry Group (MMIG), came to the table. Mr. Elliott commented on MMIG's opposition to the bill. He discussed the 5 nanogram limit pursuant to the bill. He said there has only been one international test on the effectiveness of per se laws and the test showed that per se laws have zero effect on public safety. Senator King asked Mr. Elliott to explain the complied consent law in Colorado. Senator Schwartz asked about roadside sobriety tests in relation to demonstration of lack of impairment.


01:41 PM

Senator King asked about drug recognition experts (DREs).


01:44 PM

Representative Barker asked about states that have zero-tolerance policies. Mr. Elliott commented on medical marijuana states that have seen traffic fatalities go down.


01:46 PM

Representative Ramirez commented on recreational use of marijuana.


01:47 PM

Representative Scott asked about MMIG's training and education efforts concerning impaired driving.


01:52 PM

Senator King and Mr. Elliott discussed the 5 nanogram delta 9-THC.


01:55 PM

Representative Ramirez commented on current law addressing impaired driving under the influence of alcohol and drugs.

01:58 PM -- Mr. Bobby Juchem, representing the Colorado State Patrol (CSP), came to the table to respond to questions from the committee. Representative Fischer asked for more information on the blood draw requirement and the implied consent laws. Mr. Juchem gave a description of the implied consent law in Colorado, including reasonable suspicion of a violated crime, probable cause, and voluntary roadside maneuvers. He commented on what law enforcement officers look for when pulling suspected individuals over, according to current law. Committee discussion ensued concerning express consent laws under current law.


02:09 PM

Representative Tyler asked for information concerning mandatory tests for DUI for vehicular assault and vehicular homicide. He also asked about roadside tests for driving while impaired under drugs.


02:13 PM

Representative Ramirez asked about current law concerning driving while impaired.
BILL:Bill 5
TIME: 02:13:59 PM
MOVED:King S.
MOTION:Moved that Bill 5 be included as one of the bills forwarded to Legislative Council. . The motion passed on a vote of 10-6.
SECONDED:
VOTE
Barker
Yes
Brown
Yes
Fischer
No
Hamner
Yes
Jones
Yes
King S.
Yes
Looper
Absent
Newell
Excused
Priola
No
Ramirez
Yes
Renfroe
Excused
Schwartz
Yes
Scott
Yes
Spence
Yes
Tyler
No
Williams A.
Excused
Williams S.
No
Young
No
Vaad
Yes
Hudak
No
YES: 10 NO: 6 EXC: 3 ABS: 1 FINAL ACTION: PASS


02:14 PM

Senator King read testimony from a Senate Judiciary Committee hearing in the 2012 session. Representative Hamner asked why Senator King is running this as a TLRC bill.


02:19 PM

Senator Hudak asked for sponsors and co-sponsors. Senator King will be prime sponsor in the Senate, where the bill will begin. Representative Barker will be prime sponsor in the House. Representative Brown requested that his name be added as a co-sponsor.