Date: 03/25/2014

Final
BILL SUMMARY for HB14-1158

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Adopt amendment L.002 (Attachment D). The motion p
Adopt amendment L.002 (Attachment D). The motion w
Adopt amendment L.003 (Attachment E). The motion p
Adopt amendment L.005 (Attachment F) to amendment
Refer House Bill 14-1158 to the Committee of the W
Refer House Bill 14-1158, as amended, to the Commi		Pass Without Objection

Pass Without Objection
PASS
FAIL
PASS



02:38 PM

The committee recessed.


02:44 PM -- HB14-1158

The committee returned to order. Representative Lawrence, prime sponsor, presented House Bill 14-1158, concerning the sentence for persons convicted of certain vehicular offenses. Representative Lawrence discussed her reasons for sponsoring the legislation, and explained the effect of the bill. Representative Lawrence discussed the potential for the legalization of recreational marijuana in Colorado to impact trends in driving under the influence (DUI). She also discussed the overall DUI trends in the state. Representative Lawrence cited statistics on vehicular homicide and vehicular assault involving persons driving under the influence, and the resulting criminal sentences. Representative Lawrence discussed the effect of prepared amendment L.001 (Attachment B). Discussion ensued regarding the rate at which vehicular homicide and vehicular assault results in prison time, as compared to probation, under current law.

14HseJud0325AttachB.pdf14HseJud0325AttachB.pdf

02:55 PM

The following persons testified regarding House Bill 14-1158:

02:55 PM -- Ms. Maureen Cain, representing the Colorado Criminal Defense Bar, testified in opposition to the bill. Ms. Cain discussed mandatory sentencing, and the need for courts to have discretion in sentencing. Ms. Cain recounted instances where the families of victims of vehicular homicide involving DUI have argued against the resulting sentences. Ms. Cain argued against creating mandatory sentences by committee, and discussed an imbalance created by amendment L.001. Ms. Cain discussed the variety of sentences handed down in cases of vehicular homicide and vehicular assault involving DUI, and cited additional statistics on such sentences.


03:08 PM

Ms. Cain discussed the work that still needs to be done on the issue of mandatory sentences for vehicular assault and homicide with DUI. Ms. Cain responded to questions regarding instances in which minor injuries result in vehicular assault charges, and the amount of discretion afforded to district attorneys and defense attorneys in vehicular assault sentencing under the bill. Discussion ensued regarding the efficacy of mandatory minimum sentencing, and the position of the Colorado Commission on Criminal and Juvenile Justice (CCJJ) on House Bill 14-1158. Ms. Cain responded to questions regarding the appropriateness of creating mandatory minimum sentences for particular crimes. Ms. Cain responded to further questions regarding the ability to plea bargain around mandatory minimum sentences, and the likelihood that crimes with mandatory minimum sentences will result in a trial.


03:20 PM

Ms. Cain responded to questions regarding her position on amendment L.004 (Attachment C), which would refer the mandatory minimum sentence for vehicular assault and homicide with DUI issue to the CCJJ. Ms. Cain responded to further questions about the make-up of the CCJJ. Discussion ensued regarding how the CCJJ would address the issue under the amendment. Discussion followed regarding the work of the CCJJ in recent years, and the processes observed by the commission.

14HseJud0325AttachC.pdf14HseJud0325AttachC.pdf

03:31 PM

Discussion continued regarding the work undertaken by the CCJJ in recent years, and the propriety of addressing certain issues in the legislature rather than referring them to the CCJJ.

03:34 PM -- Ms. Alma Sanchez, representing her family, testified in support of the bill. Ms. Sanchez discussed the circumstances under which her nephew died as the result of an auto accident involving DUI, and addressed concerns raised about the bill during previous testimony. She discussed the potential deterrent effect of creating the mandatory minimum sentence under House Bill 14-1158.

03:40 PM -- Ms. Tina Bitner, representing Officer Jeremy Bitner, testified in support of the bill. Ms. Bitner recounted the circumstances under which her husband was struck by a motorist driving under the influence, and the resulting impact on her family. She discussed the sentence imposed on the driver in the case, and spoke to the merits of creating a mandatory minimum sentence for vehicular assault and vehicular homicide with DUI. Ms. Bitner responded to questions regarding the sentence imposed in her husband's case.

03:50 PM -- Chief John Collins, representing the Colorado Association of Chiefs of Police and Englewood Police Department, testified in support of House Bill 14-1158. Chief Collins discussed the impact of the loss of Officer Bitner on his department, and urged passage of the bill. Chief Collins responded to questions regarding the position of the Colorado Association of Chiefs of Police on amendment L.001.

03:54 PM -- Ms. Sterling Harris, representing the Colorado Organization for Victim Assistance, testified in support of the bill. She discussed the plight of the families of victims impacted by vehicular assault and vehicular homicide. Ms. Harris responded to questions regarding her organization's position on forwarding the mandatory minimum issue to CCJJ.

03:57 PM -- Mr. George Brauchler and Ms. Tamar Wilson, representing the 18th Judicial District, testified in support of the bill. Mr. Brauchler discussed the impact of vehicular assault and homicide with DUI on the community, and the need to act on the issue quickly. Mr. Brauchler discussed the potential impact of legalizing recreational marijuana on impaired driving trends, and the deterrent effect that creating a mandatory minimum sentence for the listed crimes may have on DUI. Mr. Brauchler addressed concerns raised that creating a mandatory minimum sentence for the listed crimes will lead to abuse by prosecutors, and weighed in on the potential for forwarding the issue to the CCJJ. Mr. Brauchler discussed the fiscal impact of the bill, and the importance of punishing vehicular homicide resulting from DUI.


04:08 PM

Discussion ensued regarding the potential impact of referring the issue to CCJJ. Mr. Brauchler responded to questions regarding the balance of sentencing discretion between district attorneys and the court, and the accountability of these two bodies. Mr. Brauchler responded to further questions regarding the removal of local probation departments from the sentencing process under the bill, and potential benefits of further exploring vehicular assault and homicide with DUI through the CCJJ process. Mr. Brauchler responded to further questions regarding the potential deterrent effect of the bill on DUI.


04:21 PM

Mr. Brauchler responded to questions regarding the fact that the penalties in House Bill 14-1158 would apply to first-time offenders. Discussion ensued on this point. Ms. Wilson explained the effect of prepared amendments L.002 (Attachment D) and L.003 (Attachment E). Representative Lawrence responded to questions regarding which amendments would be offered to the bill. Mr. Brauchler noted that the Colorado Association of Chiefs of Police supports the bill.

14HseJud0325AttachD.pdf 14HseJud0325AttachE.pdf14HseJud0325AttachE.pdf

04:28 PM -- Mr. Tom Raynes, representing the Colorado District Attorneys' Council, testified in support of House Bill 14-1158. Mr. Raynes addressed a question raised earlier about creating different sentences for vehicular assault and homicide with DUI as compared to such crimes in the absence of DUI. Mr. Raynes discussed the purposes of criminal sentencing, and the purpose of strengthening sentences under the bill. Mr. Raynes addressed charges that prosecutors may overuse the sentencing mandated by the bill. Mr. Raynes responded to questions regarding the ability of prosecutors to request leniency of the court in sentencing under amendment L.003.


04:42 PM

Discussion continued regarding the prosecutorial power for recommending leniency in a case under amendment L.003. Mr. Raynes responded to questions regarding prosecutorial discretion from the charging phase of a criminal case forward, and the percentage of vehicular homicide cases that are fully adjudicated.

04:50 PM -- Ms. Gail Parrish, representing her family, testified in support of the bill. Ms. Parrish recounted the circumstances under which her daughter died as a result of an auto accident involving DUI, and discussed the sentence imposed upon the assailant. She also discussed the impact of such events on the families of the victim, and the experiences of the family during the sentencing phase of such a case. Ms. Parrish discussed mandatory minimum sentences, and the potential for probation to be the sentence in vehicular homicide cases. Discussion ensued regarding the duties of local probation departments.

05:01 PM -- Ms. Jennifer Clouse, representing Mothers Against Drunk Driving, testified in support of the bill. Ms. Clouse discussed the rate of auto accident death involving alcohol or drugs in Colorado, and recounted a specific instance of an auto accident involving DUI that resulted in death. Ms. Clouse also discussed the sentence imposed on the driver who caused the accident in that case.


05:11 PM

Ms. Clouse discussed problems in sentencing for vehicular homicide involving DUI, and outlined the sentencing process that typically takes place in these cases. Ms. Clouse discussed the culpability of the offenders in DUI vehicular homicide cases.

05:15 PM -- Ms. Cynthia Albo, representing herself, testified in support of the bill. Ms. Albo recounted an auto accident in which her son and a friend were struck by a drunk driver, and the resulting sentencing. Ms. Albo spoke in support of imposing a jail sentence on those involved in DUI-related vehicular homicide and assault cases.


05:20 PM

Representative Lawrence moved to refer House Bill 14-1158 to the Committee of the Whole under Article V, Section 20 of the Colorado Constitution, commonly referred to as a supermotion. Discussion ensued regarding the motion, and the debateability of the motion.


05:27 PM

The committee recessed.


05:47 PM

The committee returned to order. Discussion ensued regarding the merits and effect of the motion, as well as the merits of the bill.


05:59 PM

Discussion continued regarding the merits of the supermotion.
BILL:HB14-1158
TIME: 05:21:12 PM
MOVED:Lawrence
MOTION:Refer House Bill 14-1158 to the Committee of the Whole. The motion failed on a vote of 4-7.
SECONDED:Gardner
VOTE
Buckner
No
Court
No
Gardner
Yes
Lawrence
Yes
McLachlan
No
Murray
Yes
Pettersen
No
Salazar
No
Waller
Yes
Lee
No
Kagan
No
YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


06:02 PM

Representative Lawrence explained the effect of prepared amendment L.002. Discussion ensued regarding the need to first consider amendment L.003, since amendment L.002 is conditional upon its passage.
BILL:HB14-1158
TIME: 06:03:20 PM
MOVED:Lawrence
MOTION:Adopt amendment L.002 (Attachment D). The motion was withdrawn.
SECONDED:Waller
VOTE
Buckner
Court
Gardner
Lawrence
McLachlan
Murray
Pettersen
Salazar
Waller
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:


06:06 PM

Ms. Brita Darling, Office of Legislative Legal Services, provided clarification regarding the effect of amendment L.003. Discussion ensued regarding a provision in the amendment that grants discretionary powers to district attorneys.
BILL:HB14-1158
TIME: 06:06:29 PM
MOVED:Lawrence
MOTION:Adopt amendment L.003 (Attachment E). The motion passed without objection.
SECONDED:Court
VOTE
Buckner
Court
Gardner
Lawrence
McLachlan
Murray
Pettersen
Salazar
Waller
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


06:10 PM

Representative Kagan explained the effect of prepared amendment L.005 (Attachment F). Discussion ensued regarding the merits of the amendment.

14HseJud0325AttachF.pdf14HseJud0325AttachF.pdf
BILL:HB14-1158
TIME: 06:10:34 PM
MOVED:Kagan
MOTION:Adopt amendment L.005 (Attachment F) to amendment L.003. The motion passed on a vote of 7-4.
SECONDED:Salazar
VOTE
Buckner
Yes
Court
Yes
Gardner
Yes
Lawrence
No
McLachlan
No
Murray
No
Pettersen
Yes
Salazar
Yes
Waller
Yes
Lee
No
Kagan
Yes
YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:HB14-1158
TIME: 06:22:05 PM
MOVED:Lawrence
MOTION:Adopt amendment L.002 (Attachment D). The motion passed without objection.
SECONDED:Court
VOTE
Buckner
Court
Gardner
Lawrence
McLachlan
Murray
Pettersen
Salazar
Waller
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


06:23 PM

Representative Lawrence provided closing remarks in support of House Bill 14-1158.
BILL:HB14-1158
TIME: 06:23:54 PM
MOVED:Lawrence
MOTION:Refer House Bill 14-1158, as amended, to the Committee on Appropriations. The motion passed on a vote of 11-0.
SECONDED:Court
VOTE
Buckner
Yes
Court
Yes
Gardner
Yes
Lawrence
Yes
McLachlan
Yes
Murray
Yes
Pettersen
Yes
Salazar
Yes
Waller
Yes
Lee
Yes
Kagan
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS