Date: 02/09/2006

Final
BILL SUMMARY for HB06-1102

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Prepared amendment L.001 (Attachment Z). The moti
Prepared amendment L.005 (Attachment AA). The cha
Refer the bill to the Committee of the Whole. The		Pass Without Objection
TIE
PASS


08:23 PM -- House Bill 06-1102

Representative T. Carroll, bill sponsor, provided an explanation of the bill's provisions section by section.


08:25 PM

David Kaplan, Colorado Public Defender, spoke in opposition to section 1 of the bill regarding out of court statements made by children and to how the bill expands the pool of cases in which such statements are admissible in court. Under current law, such statements are admissible only in a small number of certain kinds of cases, generally involving sex offenses. He also spoke against section 2 of the bill regarding limitations for collateral attack indicating that the statute should remain as is in not limiting the time during which individuals convicted of class 1 felonies can attack the validity of a conviction.


08:49 PM

David Thomas, Colorado District Attorneys Council spoke in support of the bill section by section. He indicated that prepared L.001 and L.003 are acceptable to the district attorneys as drafted. He spoke to a U.S. Supreme Court decision and the effect of that decision on Colorado's law. He provided the details of a case in which statements were made outside of a court by a child in a murder case and to how the rules of heresay under current law disallowed this testimony in court.


08:56 PM

Don Quick, Colorado District Attorneys Council, provided an explanation of the four steps involved in judging and offering such heresay testimony under current law (Attachment Y). Mr. Quick responded to several committee questions regarding the process under current law and the crimes to which it applies under current law versus the larger pool of crimes to which it would apply under the bill's provisions.


09:13 PM

Scott Storey, District Attorney, First Judicial District, spoke in support of section 2 of the bill. He provided the details of a case in which an individual convicted of murder in 1958 was able, in 1995 after his attorney died, to allege ineffective counsel under current law. He provided the details of other individuals convicted of first degree murder who challenge their convictions under current law.

In response to a committee question, Mr. Thomas clarified that the collateral attack statute does not preclude individuals convicted of first degree murder from the appeals process or DNA tests. He indicated most of the cases filed under collateral attack are on the basis of ineffective counsel.

Mr. Thomas and Mr. Storey responded to a committee question regarding any limitation on repeated motions to challenge a conviction.
BILL:HB06-1102
TIME: 09:23:44 PM
MOVED:Carroll T.
MOTION:Prepared amendment L.001 (Attachment Z). The motion carried without objection
SECONDED:Boyd
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:HB06-1102
TIME: 09:25:18 PM
MOVED:McGihon
MOTION:Prepared amendment L.005 (Attachment AA). The chair ruled the issue is a settled question.
SECONDED:
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: SETTLED QUESTION
BILL:HB06-1102
TIME: 09:28:24 PM
MOVED:Carroll T.
MOTION:Refer the bill to the Committee of the Whole. The motion carried on a 9-1-1 roll call vote.
SECONDED:Jahn
VOTE
Boyd
Yes
Clapp
No
Decker
Yes
Gardner
Yes
Hefley
Excused
Jahn
Yes
Judd
Yes
McGihon
Yes
Witwer
Yes
Carroll M.
Yes
Carroll T.
Yes
Final YES: 9 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS



09:36 PM

The committee adjourned