Date: 02/13/2013

Final
BILL SUMMARY for HB13-1127

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes: View--> Action Taken:
Postpone House Bill 13-1127 indefinitely. The moti
Refer House Bill 13-1127 to the Committee of the W		PASS
FAIL



10:23 AM -- House Bill 13-1127

The committee was called to order. A quorum was present. Representative McNulty, prime sponsor, presented House Bill 13-1127, concerning requiring the defendant to prove the affirmative defense of not guilty by reason of insanity by clear and convincing evidence. Representative McNulty presented background on his reasons for sponsoring the legislation, and explained the effect of the bill. Representative McNulty discussed laws concerning the insanity defense in other states. Representative McNulty responded to questions regarding jurisprudence concerning the insanity defense, and changes to the Colorado Constitution that may affect the outcome of future court cases pertaining to the insanity defense.


10:34 AM

Discussion continued regarding the potential unconstitutionality of House Bill 13-1127. Representative McNulty responded to questions about laws in other states pertaining to the affirmative defense of not guilty by reason of insanity, and the effect of the bill on the presumption of innocence for defendants. Representative McNulty responded to further questions regarding the difficulty of proving a defendant's innocence under the bill, and the difference between the insanity defense and other defenses. Representative McNulty responded to questions regarding his preference for ensuring the ability to prosecute as compared to the ability to defend one's self in a criminal proceeding.


10:45 AM

A general discussion ensued regarding the burden of proof for the prosecution in comparison to the burden of proof for the defendant. The following persons testified regarding House Bill 13-1127:

10:47 AM -- Mr. Doug Wilson, the Colorado State Public Defender, testified in opposition to the bill. Mr. Wilson provided clarification about an earlier discussion, and discussed the importance of preserving due process rights. He discussed the history of the insanity defense in Colorado, and provided an overview of the elements that must be proven by the prosecution in a case involving the insanity defense. Mr. Wilson also explained how a defendant is sentenced when found guilty by reason of insanity, and further reviewed the legal history of the insanity defense in Colorado. Mr. Wilson discussed the potential for House Bill 13-1127 to be found unconstitutional, and claimed that the bill is an attack on due process rights.

10:53 AM -- Ms. Bridget Klauber, representing the Colorado Criminal Defense Bar, testified in opposition to the bill. Ms. Klauber discussed the intent of the due process clause of the Colorado Constitution, and suggested that the bill would be found unconstitutional in a court of law.


10:57 AM

No amendments were offered to House Bill 13-1127. Representative McNulty provided closing remarks in support of the bill.
BILL:HB13-1127
TIME: 11:01:40 AM
MOVED:Dore
MOTION:Refer House Bill 13-1127 to the Committee of the Whole. The motion failed on a vote of 4-7.
SECONDED:Scott
VOTE
Dore
Yes
Foote
No
Humphrey
Yes
Labuda
No
Melton
No
Moreno
No
Nordberg
Yes
Scott
Yes
Williams
No
Salazar
No
Ryden
No
YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:HB13-1127
TIME: 11:02:36 AM
MOVED:Salazar
MOTION:Postpone House Bill 13-1127 indefinitely. The motion passed on a vote of 7-4.
SECONDED:Melton
VOTE
Dore
No
Foote
Yes
Humphrey
No
Labuda
Yes
Melton
Yes
Moreno
Yes
Nordberg
No
Scott
No
Williams
Yes
Salazar
Yes
Ryden
Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS



11:03 AM

The committee recessed.