Date: 02/22/2006

Final
BILL SUMMARY for HB06-1136

SENATE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Refer House Bill 06-1136 to the Committee of the WPASS


02:08 PM -- House Bill 06-1136

Senator Shaffer, bill sponsor, presented House Bill 06-1136 concerning a requirement to notify the Attorney General when a defendant alleges a law is unconstitutional. The bill requires a defendant appearing in a criminal proceeding in state court to notify the state attorney general when the defendant alleges a state law or municipal ordinance is unconstitutional.

02:11 PM -- Jason Dunn, Attorney General's Office, spoke in favor of the bill. Mr. Dunn discussed the issues that arise in situations where defendants allege that a law is unconstitutional. He also discussed the House amendment that created a waiver for defendants.


02:18 PM

Senator Shaffer wrapped up his presentation of the bill and stated that this shifts the burden to the defendant who brings a claim of unconstitutionality.
BILL:HB06-1136
TIME: 02:19:02 PM
MOVED:Shaffer
MOTION:Refer House Bill 06-1136 to the Committee of the Whole with a favorable recommendation. The motion passed on a unanimous roll call vote.
SECONDED:
VOTE
Bacon
Yes
Dyer
Yes
Gordon
Yes
Mitchell
Yes
Traylor
Yes
Shaffer
Yes
Grossman
Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS