Date: 04/09/2015

Final
BILL SUMMARY for HB15-1303

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Adopt amendment L.002 (Attachment C). The motion w



03:03 PM -- HB15-1303

The committee recessed.


03:09 PM

The committee returned to order. Representative Melton, prime sponsor, presented House Bill 15-1303, concerning eliminating the application of certain sentencing provisions to certain persons who are convicted of assault in the second degree. Committee members received a copy of the statute to be eliminated by the bill (Attachment B). Representative Melton provided background on the disparities in the level of crime associated with assaulting a law enforcement officer as compared to assaulting a citizen, and explained the effect of the bill. Representative Melton responded to questions regarding the penalties available to the judge for assaulting a police officer under the bill. Representative Melton responded to questions regarding why he has decided to concentrate on only one aspect of mandatory sentencing in the bill. Discussion ensued regarding mandatory sentencing, and the statutory construction of the laws to be amended by the ball.

15HouseJud0409AttachB.pdf15HouseJud0409AttachB.pdf

03:28 PM

Representative Melton responded to questions regarding how HB 15-1303 helps to rebuild trust in law enforcement, and how the statutory paragraph to be addressed in the bill is different from other paragraphs that outline crimes of assault. Representative Melton reiterated why he is only addressing the mandatory minimum sentence for second degree assault on a police officer under the bill.


03:37 PM

The following persons testified regarding HB 15-1303:

03:37 PM -- Mr. David Kaplan, representing the Colorado Criminal Defense Bar, testified in support of the bill. Mr. Kaplan compared second degree assault for causing harm to a police officer with other acts that result in charges of second degree assault, and discussed addressing mandatory minimum sentences in general. Mr. Kaplan responded to questions regarding whether HB 15-1303 represents the proper starting point for mandatory minimum sentence reform, and the reasons for disparities in penalties for assaulting a police officer as compared to assaulting anyone else. Mr. Kaplan responded to further questions regarding the practical effect of harsher thresholds for assault when it comes to police officers


03:51 PM

Discussion ensued regarding the elements of the crime addressed by HB 15-1303. Representative Salazar cited an incident for which a person was charged with second degree assault on a police officer. Mr. Kaplan provided further input.

03:56 PM -- Mr. Jon Hall, representing himself, testified in support of the bill. Mr. Hall discussed an incident during which his son was arrested and charged with second degree assault when an officer sustained a scratch on a finger. Mr. Hall responded to questions regarding the decision process associated with contesting the assault charge.

04:01 PM -- Mr. Beale Tejada, representing himself, testified in support of the bill. Mr. Tejada recounted an incident during which a friend of his was charged with second degree assault on a police officer. Mr. Tejada clarified certain facts of the case.

04:07 PM -- Mr. Nicholas Weissberg, representing himself, testified in support of HB 15-1303. Mr. Weissberg recounted an incident during which he was charged with felonious assault on a police officer that resulted in a scraped knee. Mr. Weissberg responded to questions regarding his decision process when faced with the charges.

04:10 PM -- Ms. Rosemary Lytle, representing the NAACP, testified in support of the bill. Ms. Lytle explained why mandatory minimum sentences do not work, and supported providing judges discretion in sentencing. Ms. Lytle responded to questions regarding the economic impacts of plea bargaining.

04:14 PM -- Ms. Jessica Jones, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Jones addressed earlier testimony. Ms. Jones recounted an incident during which a client she represented was charged with felonious assault. Ms. Jones responded to questions regarding the actions of her client during the incident, and the conduct of the district attorney in the case. Ms. Jones responded to questions regarding the potential for a grudge to exist against the client.

04:23 PM -- Mr. Dakota Randell, representing himself, testified in support of HB 15-1303. Mr. Randell recounted an incident during which he was charged with felonious assault against a police officer. Mr. Randell responded to questions regarding the charges he faced as a result. In response to questions from the committee, Mr. Randell discussed representation in his case and further explained the initial police contact.

04:31 PM -- Ms. Danna Richkun, representing herself, testified in support of the bill. Ms. Richkun discussed her son's experience with police, and stated that a mandatory minimum sentence would have subjected her son to incarceration instead of getting the help he needed. She also discussed the need to protect law enforcement. In response to a question, Ms. Richkun stated that she believes judges should have discretion in sentencing.

04:38 PM -- Ms. Carrie Lynn Thompson, representing the Colorado Criminal Defense Bar, testified in support of the bill. Ms. Thompson discussed the types of cases that result in charges of felonious assault against police officers, and the impact of these charges on the defendants and their families. Ms. Thompson responded to questions regarding involvement of first responders other than police officers in cases resulting in charges of second degree assault. Ms. Thompson responded to questions regarding the circumstances of certain cases, and intoxication as a defense element in these types of cases. Ms. Thompson responded to further questions regarding how cases of second degree assault against a police officer differ from other cases involving second degree assault.

04:51 PM -- Ms. Maureen Cain, representing the Colorado Criminal Defense Bar, testified in support of HB 15-1303. Ms. Cain discussed her analysis of second degree assault filings in the last two years involving police officers, and explained why the charges should remain the same for these cases but the mandatory sentence should be removed. She explained how the bill will help restore trust between communities and law enforcement. Ms. Cain responded to questions regarding plea bargaining associated with other types of mandatory minimum sentences. Discussion ensued regarding the policy basis behind mandatory minimum sentences.


05:02 PM

Ms. Cain responded to questions regarding a potential review of mandatory minimum sentences for second degree assault involving circumstances other than those addressed by HB 15-1303.

05:05 PM -- Ms. Christie Donner, representing the Criminal Justice Reform Coalition, testified in support of HB 15-1303. Ms. Donner explained that she understands why assault on a police officer is an enhanced crime, and compared the crime with other types of second degree assault. Ms. Donner discussed the disproportionality of the sentence addressed by the bill. Discussion ensued regarding the enhancements associated with the crime addressed by the bill.

05:10 PM -- Mr. Craig Carnahan, representing himself, testified in support of the bill. Mr. Carnahan discussed the injustices of the criminal justice system.

05:14 PM -- Ms. Jessica LeRoux, representing herself, testified in support of the bill. Ms. LeRoux discussed opposition to mandatory minimum sentences, and the application of the subject crime to first responders in general.

05:19 PM -- Chief Ray Jennings, representing the Emergency Medical Services Association of Colorado, testified in opposition to the bill. Chief Jennings discussed the elimination of the element of intent by the bill, and the message sent to first responders by the bill. Discussion ensued regarding the penalties that will remain available to the court for second degree assault of a first responder under the bill, and the message sent by the bill. Chief Jennings responded to questions regarding the number of second degree assault cases that have involved emergency medical technicians, and the potential impact of the bill on public safety.

05:33 PM -- Ms. Meghan Dollar, representing the Colorado Municipal League, testified in opposition to the bill.

05:34 PM -- Ms. Peg Ackerman, representing the County Sheriffs of Colorado, testified in opposition to the bill. Ms. Ackerman discussed the need to protect first responders. Discussion ensued regarding the importance of the work of first responders, and the need for measures of protection for them.

05:38 PM -- Mr. Tom Raynes, representing the Colorado District Attorneys' Council, testified in opposition to the bill. Mr. Raynes provided background on the statute addressed by the bill, and other legislation seeking to provide protections for first responders. Mr. Raynes discussed the need for protections for first responders, and the job of prosecutors in proceeding with second degree assault cases involving first responders. Mr. Raynes responded to questions regarding the sentencing options that would be available to the court if the bill were to pass. Discussion ensued on this point.


05:49 PM

Discussion continued regarding the sentencing range available to the court for second degree assault against a first responder under the bill. Discussion followed regarding sentencing enhancements associated with assaulting a first responder, both currently and under the bill, and how to amend the bill to address the sentencing ranges.

05:55 PM -- Mr. James Robinson, representing the Denver Health Paramedic Division, testified in support of HB 15-1303. Mr. Robinson discussed the risks associated with being an emergency first responder, and objected to the removal of the "crime of violence" designation from second degree assault on a first responder under the bill. Mr. Robinson responded to questions regarding his position on a potential amendment to the bill. Discussion ensued regarding the dangers associated with first responder work, and the impact of mandatory sentencing on certain populations.

06:06 PM -- Mr. Micheal Deedon, representing the Fraternal Order of Police, testified in opposition to the bill. Mr. Deedon discussed the elements of the crime addressed by the bill, and the situations that peace officers face that result in second degree assault charges.

06:09 PM -- Mr. Tony Lombard, representing the Denver Police Protective Association and the Colorado Police Protective Association, testified in opposition to the bill. Mr. Lombard discussed the message sent by the bill, and questioned how the bill will restore community confidence in the police. Discussion ensued regarding community concerns with police conduct, and balancing conduct with officer safety.


06:19 PM

Discussion returned to the message sent by HB 15-1303 to first responders. Representative Carver provided her opinion on the bill in light of other fact patterns constituting second degree assault.


06:26 PM

The committee recessed.


06:28 PM

The committee returned to order. Representative Kagan explained the effect of prepared amendment L.002 (Attachment C), and explained why the amendment does not create a mandatory minimum sentence. Discussion ensued regarding the merits of the amendment, and the potential for further working on amendments to the bill.

15HouseJud0409AttachC.pdf15HouseJud0409AttachC.pdf
BILL:HB15-1303
TIME: 06:29:45 PM
MOVED:Kagan
MOTION:Adopt amendment L.002 (Attachment C). The motion was withdrawn.
SECONDED:Lee
VOTE
Buckner
Carver
Court
Dore
Foote
Lawrence
Lundeen
Pettersen
Salazar
Van Winkle
Willett
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:



06:39 PM

The bill was laid over for action only.