Date: 02/23/2006

Final
BILL SUMMARY for HB06-1246

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Refer HB 06-1246 to the Committee of the Whole. B
Substitute motion to postpone HB 06-1246 indefinit		TIE
PASS


08:22 PM -- House Bill 06-1246

Representative Gardner, prime sponsor, presented HB 06-1246. The bill creates a presumption that a defender who uses deadly physical force against an intruder in a home, vehicle, or temporary lodging has a reasonable fear of imminent death or serious bodily injury to himself or herself or another person. He explained why the bill was necessary, noting that it allows citizens to stand their ground when attacked, and allows someone who is attacked to use reasonable force in self-defense. He noted that the bill does not protect illegal actors and protects legal actors. He responded to questions from the committee.

The following people testified on the bill:

08:30 PM -- Mr. Bob Watson, representing the 13th Judicial District as its District Attorney, spoke in support of the bill. He described his work in criminal justice and his experience within the 13th Judicial District. He responded to questions from the committee and discussion ensued on a number of issues related to the bill.

08:55 PM -- Mr. Dave Thomas, representing the Colorado District Attorneys' Council, spoke in opposition to the bill and explained why.

09:05 PM -- Ms. Marilee Louis Posavec, representing the Greater Denver Million Mom Chapter, spoke in opposition to the bill because it expands the definition of dwellings and does not make it clear who prevails when these dwellings collide, and because it changes the term "reasonable belief" to "reasonable fear". She responded to questions from the committee.

09:09 PM -- Mr. Tom Mauser, representing Colorado Ceasefire, spoke in opposition to the bill.

09:15 PM -- Ms. Annmarie Jensen, representing the Colorado Association of the Chiefs of Police and the Colorado Coalition Against Domestic Violence, spoke in opposition to the bill. While the organizations support the concept of self-defense, they feel it expands self-defense to include force that may not be used judiciously.

Committee members were provided with a letter of support from Mr. Robert Edmiston, who had to leave the meeting before the bill was heard by the committee (Attachment R).

09:16 PM -- Mr. John Sternberg, representing himself and Rocky Mountain Gun Owners, spoke in support of the bill. He shared his background and experience with this issue.


09:21 PM

The chairman closed public testimony. No amendments were offered by the committee. The sponsor made closing comments on the bill, and committee members also commented.
BILL:HB06-1246
TIME: 09:28:47 PM
MOVED:Gardner
MOTION:Refer HB 06-1246 to the Committee of the Whole. Before a vote was taken, a substitute motion was made and adopted (see below).
SECONDED:Witwer
VOTE
Boyd
Cadman
Clapp
Decker
Gardner
Jahn
Judd
McGihon
Witwer
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE
BILL:HB06-1246
TIME: 09:29:20 PM
MOVED:McGihon
MOTION:Substitute motion to postpone HB 06-1246 indefinitely. The motion carried on a vote of 6-5.
SECONDED:Carroll M.
VOTE
Boyd
Yes
Cadman
No
Clapp
No
Decker
No
Gardner
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