Bill Summary for Bill Number HB06-1136

Date: 01/26/2006

Final
BILL SUMMARY for HB06-1136

HOUSE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Adopt L.001, severed section 2 (Attachment A; page Having voted on the prevailing side, reconsider th Move Amendment L.001 (Attachment A). At the reque Refer HB 06-1136, as amended, to the Committee of Substitute motion to postpone indefinitely HB 06-1	Pass Without Objection PASS FAIL PASS PASS

01:43 PM -- House Bill 06-1136

Representative T. Carroll called the committee to order, welcomed those in attendance, and asked witnesses to keep their testimony brief and to refrain from repeating prior testimony. He also announced that HB 1123 would not be heard today, and that the committee would hear the remaining bills in the following order: House Bills 1136, 1011, 1058, 1137, 1112, and 1063.

Representative Witwer, prime sponsor, presented HB 06-1136. The bill requires a criminal defendant who alleges in a motion or pleading that a state law or municipal ordinance is unconstitutional to serve notice of such to the Attorney General. In addition, the bill permits the Attorney General to be heard on the matter. Mr. Jason Dunn, from the Attorney General's office, joined the sponsor at the table. Mr. Dunn described current procedure and a recent court ruling that led to the proposed provisions. He responded to questions from the committee regarding the bill's potential impact, and discussion ensued.

The following people testified on the bill:

01:56 PM -- Mr. David Kaplan, State Public Defender, spoke in opposition to the bill. He described how this type of motion normally proceeds, and responded to questions from the committee. Further discussion ensued.

02:10 PM -- Ms. Maureen Cain, representing the Colorado Criminal Defense Bar, spoke in opposition of the bill, questioning whether a law was necessary to accomplish the described communication among parties.

02:11 PM -- Mr. Dave Thomas, representing the Colorado District Attorneys' Council, made some observations on the bill and commented on prior testimony. He noted that the claims in question do not involve an allegation that constitutional rights have been violated. He then explained the current duties of a moving party with respect to giving notice to the opposing party. He said it would be no problem to add the Attorney General as a party in the standard certificate of mailing process. He responded to questions from the committee.

Committee members were provided with Amendment L.001 (Attachment A).

02:21 PM -- Mr. Dunn returned to the table to answer questions about Amendment L.001.

02:23 PM

The chairman closed the public testimony portion of the hearing, and the committee began considering amendments.


BILL:	HB06-1136
TIME:	02:23:48 PM
MOVED:	McGihon
MOTION:	Move Amendment L.001 (Attachment A). At the request of committee members, the chair severed the amendment into two sections: severed section 1 (page 1, lines 1 and 2) and severed section 2 (page 1, lines 3 through 6). The motion to adopt L.001, severed section 1, failed.
SECONDED:	Carroll M.
		VOTE
	Boyd	No
	Clapp	No
	Decker	No
	Gardner	No
	Hefley	No
	Jahn	No
	Judd	No
	McGihon	No
	Witwer	No
	Carroll M.	No
	Carroll T.	No
Not Final YES: 0 NO: 11 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB06-1136
TIME:	02:25:13 PM
MOVED:	McGihon
MOTION:	Adopt L.001, severed section 2 (Attachment A; page 1, lines 3 through 6). The motion passed without objection.
SECONDED:	Carroll M.
		VOTE
	Boyd
	Clapp
	Decker
	Gardner
	Hefley
	Jahn
	Judd
	McGihon
	Witwer
	Carroll M.
	Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1136
TIME:	02:25:38 PM
MOVED:	Witwer
MOTION:	Refer HB 06-1136, as amended, to the Committee of the Whole. After the motion was made and seconded, a substitute motion to postpone the bill indefinitely passed, but the committee subsequently voted to reconsider its action to postpone the bill indefinitely (see below). In the end, the motion to refer HB 06-1136, as amended, to the Committee of the Whole passed on a 10 to 1 vote.
SECONDED:	Jahn
		VOTE
	Boyd	Yes
	Clapp	Yes
	Decker	Yes
	Gardner	Yes
	Hefley	Yes
	Jahn	Yes
	Judd	Yes
	McGihon	No
	Witwer	Yes
	Carroll M.	Yes
	Carroll T.	Yes
Not Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB06-1136
TIME:	02:26:45 PM
MOVED:	Hefley
MOTION:	Having voted on the prevailing side, reconsider the motion to postpone indefinitely HB 06-1136. The motion requires an affirmative vote of two-thirds of the committee in order to prevail. The motion carried on a vote of 10 to 1.
SECONDED:	Boyd
		VOTE
	Boyd	Yes
	Clapp	Yes
	Decker	No
	Gardner	Yes
	Hefley	Yes
	Jahn	Yes
	Judd	Yes
	McGihon	Yes
	Witwer	Yes
	Carroll M.	Yes
	Carroll T.	Yes
Not Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB06-1136
TIME:	02:26:03 PM
MOVED:	Hefley
MOTION:	Substitute motion to postpone indefinitely HB 06-1136. The motion carried on a vote of 10 to 1.
SECONDED:	McGihon
		VOTE
	Boyd	Yes
	Clapp	Yes
	Decker	No
	Gardner	Yes
	Hefley	Yes
	Jahn	Yes
	Judd	Yes
	McGihon	Yes
	Witwer	Yes
	Carroll M.	Yes
	Carroll T.	Yes
Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS