Date: 02/09/2006

Final
BILL SUMMARY for HB06-1128

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Moved House Bill 06-1128 to the Committee on Appro
Moved prepared amendment L.002 (Attachment D). Th
Moved prepared amendment L.003 (Attachment F). Th
Substitute motion to postpone House Bill 06-1128 i		TIE
Pass Without Objection
PASS
PASS


02:37 PM -- House Bill 06-1128

Representative Schulteis, prime sponsor, presented House Bill 06-1128. The bill concerns first degree murder of a fetus. It makes killing a fetus in certain circumstances a class 1 felony. The bill creates a list of affirmative defenses to a charge involving the killing of a fetus. Representative Schulteis discussed similar laws in other states and stressed that this bill has nothing to do with abortion.

02:39 PM -- Dr. Warren Hern, Boulder Abortion Clinic, spoke in opposition to the bill. Dr. Hern stated that this bill singles out physicians who are performing a legal surgical procedure. He also stated his opinion that the bill is unconstitutional. Dr. Hern responded to questions from the committee regarding the effect of this legislation on physicians who perform abortions. The committee discussed the language in the bill and whether or not it exempts legal abortions. The committee also discussed the difference between an exemption and an affirmative defense.

02:50 PM -- Kevin Paul, Planned Parenthood of the Rocky Mountains, spoke against the bill. Mr. Paul discussed the difference between an exception drafted into the elements of a bill and affirmative defenses listed in the bill. He also discussed the protection of medical information and the right to privacy. He then raised issues of constitutionality of the bill. Mr. Paul responded to questions from the committee regarding prepared amendment L.002 (Attachment D).

02:58 PM -- Kathryn Wittneben, NARAL Pro-Choice Colorado, spoke in opposition to the bill. Ms. Wittneben provided a written statement to the committee, which stated that this bill is a scare tactic against women and doctors who perform abortions in Colorado (Attachment E). She also discussed the possible triggering mechanism that would allow unchecked examination of medical records by law enforcement officials.

03:02 PM -- Kate Horle, Planned Parenthood of the Rocky Mountains, spoke against the bill. Ms. Horle discussed the problems surrounding medical confidentiality that are created by this bill.

03:05 PM -- Susan Isabel, private citizen, spoke against the bill. Ms. Isabel stated that she believes this bill will interfere with reproductive freedom and health choices for women.

03:07 PM -- John Newsome, District Attorney for El Paso and Teller Counties, spoke in support of the bill. Mr. Newsome discussed the intent in drafting the bill and stated that there was no intent to criminalize abortion. He also talked about states that have laws such as this one and how he does not know of any cases in those states where abortion is being prosecuted under the guise of this law.

03:13 PM -- Erin Lea Hanson, private citizen, spoke in support of the bill. Ms. Hanson provided a personal anecdote to the committee.

03:15 PM -- Carla Neal, private citizen, spoke in support of the bill. Ms. Neal provided a personal anecdote to the committee.

03:20 PM -- Terry Makita, Sheriff of El Paso County, spoke in support of the bill. Sheriff Makita discussed the intent to give respect to all of the victims of an act of first degree murder, including unborn children.
BILL:HB06-1128
TIME: 03:23:51 PM
MOVED:Decker
MOTION:Moved prepared amendment L.002 (Attachment D). The motion passed without objection.
SECONDED:Gardner
VOTE
Boyd
Clapp
Decker
Gardner
Hefley
Jahn
Judd
McGihon
Witwer
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB06-1128
TIME: 03:25:56 PM
MOVED:Witwer
MOTION:Moved prepared amendment L.003 (Attachment F). The motion passed on a vote of 8-3.
SECONDED:Gardner
VOTE
Boyd
No
Clapp
Yes
Decker
Yes
Gardner
Yes
Hefley
Yes
Jahn
No
Judd
Yes
McGihon
No
Witwer
Yes
Carroll M.
Yes
Carroll T.
Yes
Not Final YES: 8 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS


The committee discussed the scope of the amendment.
BILL:HB06-1128
TIME: 03:33:45 PM
MOVED:Gardner
MOTION:Moved House Bill 06-1128 to the Committee on Appropriations as amended. There was a substitute motion made to postpone indefinitely.
SECONDED:Decker
VOTE
Boyd
Clapp
Decker
Gardner
Hefley
Jahn
Judd
McGihon
Witwer
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: TIE
BILL:HB06-1128
TIME: 03:35:35 PM
MOVED:McGihon
MOTION:Substitute motion to postpone House Bill 06-1128 indefinitely. The motion passed on a roll call vote of 6-5.
SECONDED:Judd
VOTE
Boyd
Yes
Clapp
No
Decker
No
Gardner
No
Hefley
No
Jahn
Yes
Judd
Yes
McGihon
Yes
Witwer
No
Carroll M.
Yes
Carroll T.
Yes
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS