Date: 03/04/2013

Final
BILL SUMMARY for HB13-1217

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes: View--> Action Taken:
<none><none>




02:17 PM -- House Bill 13-1217

The committee recessed.


02:20 PM

The committee returned to order. Representative Szabo, prime sponsor, presented House Bill 13-1217, concerning parole eligibility of persons convicted of vehicular homicide. Representative Szabo discussed a drunk driving accident that resulted in death, and cited drunk driving statistics. Representative Szabo discussed efforts on the part of the criminal justice system to address drunk driving, and cited additional drunk driving statistics. Representative Szabo explained the effect of House Bill 13-1217, and discussed the need to stiffen penalties associated with vehicular homicide. Committee members received a packet of photographs of the victim of a vehicular homicide (Attachment B). Representative Szabo responded to questions regarding parole eligibility under law.

13HseState0304AttachB.pdf13HseState0304AttachB.pdf

02:29 PM

The following persons testified regarding House Bill 13-1217:

02:29 PM -- Mr. Ben Figa, representing the District Attorney's Office for the 20th Judicial District, testified in opposition to the bill. Mr. Figa spoke against creating "carve outs" for individual crimes, and discussed the mental state associated with vehicular assault. Mr. Figa compared the sentencing for vehicular manslaughter under the bill with that of hit and run, and offered suggestions on how to strengthen vehicular homicide penalties.

02:33 PM -- Ms. Christie Donner, representing the Colorado Criminal Justice Reform Coalition, testified in opposition to House Bill 13-1217. Ms. Donner discussed parole eligibility and actual release, and compared parole eligibility for various crimes with parole eligibility for vehicular homicide under the bill. Ms. Donner discussed the sentencing criteria considered by the Colorado Commission on Criminal and Juvenile Justice. She suggested that the bill is a "one size fits all" solution. Discussion ensued regarding the amount of discretion afforded to the parole board under the bill. Ms. Donner responded to questions regarding actual release of an inmate as compared to the inmate's parole eligibility. Discussion ensued regarding a provision of the bill that requires a person to have received a previous serious driving conviction in order to be subject to the increased mandatory sentence required by the bill. Ms. Donner responded to questions regarding how the bill creates a "carve out" for a single type of crime.

02:47 PM -- Mr. Brian Mason, representing the District Attorney's Office for the 17th Judicial District, testified in support of the bill. Mr. Mason explained the process of trying a vehicular homicide case, and the sentencing available for this crime. Mr. Mason responded to questions regarding the average sentence for the crime of vehicular homicide, and the number of such cases his office prosecutes. Mr. Mason responded to further questions regarding how he explains sentencing for certain crimes to the families of victims. Mr. Mason responded to questions regarding the retroactivity of the law in terms of the prior conviction required to trigger an increased percentage of time served before becoming eligible for parole for vehicular homicide crimes. Discussion ensued regarding the factors considered by a parole board when considering the release of an inmate for good behavior. Mr. Mason responded to questions about the age threshold for the prior conviction element of the bill.


02:59 PM

Discussion ensued regarding the constitutionality of House Bill 13-1217. Representative Szabo read a letter from Denver District Attorney Mitch Morrissey in support of the bill (Attachment C).

13HseState0304AttachC.pdf13HseState0304AttachC.pdf

03:03 PM -- Mr. John Anderson, representing the Colorado State Patrol Family Foundation, testified in support of House Bill 13-1217. Committee members received a packet of photographs of the vehicle driven by a victim of vehicular homicide (Attachment D). Mr. Anderson discussed vehicular homicide as a crime of violence, and the element of mens rea associated with this crime.

13HseState0304AttachD.pdf13HseState0304AttachD.pdf

03:07 PM -- Ms. Jennifer Clouse, representing Mothers Against Drunk Driving (MADD), testified in support of House Bill 13-1217. Ms. Clouse discussed the work of MADD, and spoke in favor of holding drunk drivers accountable. Ms. Clouse cited statistics about deaths associated with drunk driving, and discussed the need to pass legislation combatting drunk driving. Ms. Clouse responded to questions regarding the percentage of vehicular homicide assailants who were previously convicted of driving offenses.

03:11 PM -- Mr. Joe Cannata, representing Voices of Victims, testified in support of the bill. Mr. Cannata discussed legislation passed in 2004 that increased the percentage of time required to be served on a sentence for certain crimes, and the effect of parole board hearings on families of victims.

03:14 PM -- Ms. Gail Parrish, representing herself, testified in support of the bill. Ms. Parrish discussed events associated with the death of her daughter due to a vehicular homicide, and the sentence associated with the crime.


03:24 PM

Ms. Parrish continued to discuss the sentence associated with the vehicular homicide crime that resulted in the death of her daughter, and discussed her reasons for advocating for the bill.

03:28 PM -- Mr. Dan Schoen, representing the Colorado Criminal Defense Bar, testified in opposition to the bill. Mr. Schoen discussed efforts to curb deaths due to vehicular homicide, and addressed issues raised earlier about the time horizon associated with the prior offense element of the bill. Mr. Schoen discussed the proper elements to be considered during criminal sentencing.

03:31 PM -- Ms. Fran Coleman, representing herself, testified in support of House Bill 13-1217. Ms. Coleman discussed the death of her dad due to a hit and run by a drunk driver, and the sentence levied on the perpetrator of the crime. Ms. Coleman expressed support for enhanced sentences for these crimes.


03:35 PM

The committee recessed.


03:43 PM

The committee returned to order. The chair laid over House Bill 13-1217.