Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON JUDICIARY

Date:02/08/2006
ATTENDANCE
Time:01:37 PM to 04:11 PM
Bacon
X
Dyer
X
Place:SCR 352
Gordon
X
Mitchell
X
This Meeting was called to order by
Traylor
X
Senator Grossman
Shaffer
X
Grossman
X
This Report was prepared by
Jessika Shipley
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB06-089
HB06-1015
SB06-072
SB06-004		Laid Over
Referred to the Committee of the Whole
Amended, Referred to Appropriations
Referred to Appropriations

01:38 PM -- Senate Bill 06-089

Senator Gordon asked the committee to lay the bill over until the next meeting. Senator Grossman announced that the bill will be heard on Monday, February 13, 2006 at 1:30 PM.
01:39 PM -- House Bill 06-1015

Senator Dyer presented the bill, which enacts the softbound volumes of the Colorado Revised Statutes 2005 as the positive and statutory law of the state of Colorado and establishes the effective date of said publication. Senator Dyer provided a list of changes to the Revised Statutes prepared by the Office of Legislative Legal Services (Attachment A).
BILL:HB06-1015
TIME: 01:42:58 PM
MOVED:Shaffer
MOTION:Moved House Bill 06-1015 to the Committee of the Whole with a favorable recommendation. The bill passed on a vote of 7-0.
SECONDED:
VOTE
Bacon
Yes
Dyer
Yes
Gordon
Yes
Mitchell
Yes
Traylor
Yes
Shaffer
Yes
Grossman
Yes
Not Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
BILL:HB06-1015
TIME: 02:19:11 PM
MOVED:Bacon
MOTION:Moved to place House Bill 06-1015 on the consent calendar. The motion passed without objection.
SECONDED:
VOTE
Bacon
Dyer
Gordon
Mitchell
Traylor
Shaffer
Grossman
Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



01:43 PM -- Senate Bill 06-072

Senator Tochtrop, prime sponsor, came to the table to present the bill. It would increase the penalties and fines for careless driving. Senator Tochtrop responded to questions from the committee regarding .

01:47 PM -- Dave Thomas, Colorado District Attorneys Council, spoke against the bill and provided a fact sheet to the committee (Attachment B). Mr. Thomas discussed the various statutes that deal with issues of careless or reckless driving. He stated that it is best to give judges discretion when it comes to penalties for careless or reckless driving offenses. Mr. Thomas explained the various elements of each of the offenses that fit under his umbrella of careless driving. He stated that this bill allows prosecutors very little latitude in dealing with careless and reckless driving cases. Mr. Thomas responded to questions from the committee regarding statistics on careless or reckless driving cases.

02:00 PM -- Maureen Cane, Colorado Criminal Defense Bar, spoke against the bill. She reiterated the testimony of the previous witness. She stated that this bill provides a blanket approach to these offenses and that allows for no discretion. Ms. Cane responded to questions from the committee regarding mandatory sentencing.

02:06 PM -- Dave Christy, Abate of Colorado, spoke in support of the bill. He discussed increasing numbers of careless and aggressive driving accidents that result in serious injury or death. Mr. Christy provided an article from the Rocky Mountain News that discusses the topic (Attachment C). He stated that the intent of the bill is to raise levels of awareness and deterrence. Mr. Christy listed the various offenses for which revocation of a driver's license is a possible penalty.

02:16 PM -- Melanie Stone, private citizen, spoke in support of the bill. She discussed personal circumstances of careless driving and asked the committee to vote in favor of the bill.

02:22 PM -- Christine LaFore, private citizen, spoke in support of the bill. She shared personal anecdotes of careless driving.

02:31 PM -- Jolene Martinez, private citizen, spoke in support of the bill and shared the circumstances of an accidents, which caused her serious bodily injury. She asked the committee to hold careless drivers accountable for their actions.

02:37 PM -- Steven Turner, private citizen, spoke in support of the bill and provided a written statement to the committee (Attachment D).

02:39 PM -- Mark Sommey, private citizen, spoke in support of the bill. Mr. Sommey provided his personal story of careless driving.

02:41 PM -- Greg Ashby, private citizen, spoke in support of the bill. Mr. Ashby related personal details of his experience with careless driving.

02:43 PM -- Don Sauter, Abate of Colorado, spoke in support of the bill. Mr. Sauter asked the committee to strengthen the penalties for careless driving.

02:44 PM -- Alleta Collins, private citizen, spoke in support of the bill. Ms. Collins provided discussed her experience with careless driving.

02:52 PM -- David Garcia, private citizen, spoke in support of the bill. Mr. Garcia spoke about his personal circumstances of careless driving.

02:54 PM -- Terry Lovell, private citizen, spoke in support of the bill. Ms. Lovell related details of her family's personal experience with careless driving.

03:00 PM -- Dana Packwood, citizen, spoke in support of the bill. Ms. Packwood discussed an accident in which she was involved with a careless driver.

03:05 PM -- Rainbow Ballo, private citizen, spoke in support of the bill. Ms. Ballo shared the circumstances of her father's death in an accident involving careless driving.

03:07 PM -- Michael Williams, Bikepac of Colorado, spoke in support of the bill. Mr. Williams discussed some of the technical aspects of the bill. He referred to a memorandum prepared by Legislative Council Staff (Attachment E). Mr. Williams responded to questions from the committee regarding quantifying the value of human life. The committee then discussed issues surrounding prosecutorial discretion.


03:31 PM

Senator Tochtrop finished her presentation and asked for a favorable recommendation from the committee. The committee discussed plea bargains.
BILL:SB06-072
TIME: 03:36:56 PM
MOVED:Shaffer
MOTION:Moved prepared amendment L.001 (Attachment F). The motion passed without objection.
SECONDED:
VOTE
Bacon
Dyer
Gordon
Mitchell
Traylor
Shaffer
Grossman
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:SB06-072
TIME: 03:38:37 PM
MOVED:Shaffer
MOTION:Moved prepared amendment L.002 (Attachment G). The motion passed on a vote of 5-2.
SECONDED:
VOTE
Bacon
Yes
Dyer
No
Gordon
Yes
Mitchell
No
Traylor
Yes
Shaffer
Yes
Grossman
Yes
Not Final YES: 5 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS
BILL:SB06-072
TIME: 03:40:43 PM
MOVED:Shaffer
MOTION:Moved a conceptual amendment of page 3, strike lines 9-11. The motion passed on a vote of 6-1.
SECONDED:
VOTE
Bacon
Yes
Dyer
No
Gordon
Yes
Mitchell
Yes
Traylor
Yes
Shaffer
Yes
Grossman
Yes
Not Final YES: 6 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


03:48 PM

The committee took a brief recess to consult with OLLS staff regarding the proposed conceptual amendment.


03:54 PM

The committee came back to order.
BILL:SB06-072
TIME: 03:58:25 PM
MOVED:Shaffer
MOTION:Moved a conceptual amendment that would strike section 3 of the Senate Bill 06-072 and replace it with language allowing for discretionary administrative revocation of an individual's driver's license in the case of a conviction for careless driving resulting in serious bodily injury or death. Senator Shaffer intends that the period of revocation mirror that which is currently in the bill. The motion passed on a vote of 6-1.
SECONDED:
VOTE
Bacon
Yes
Dyer
No
Gordon
Yes
Mitchell
Yes
Traylor
Yes
Shaffer
Yes
Grossman
Yes
Not Final YES: 6 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS
BILL:SB06-072
TIME: 04:01:50 PM
MOVED:Shaffer
MOTION:Moved Senate Bill 06-072, as amended, to the Committee on Appropriations with a favorable recommendation. The motion passed without objection.
SECONDED:
VOTE
Bacon
Yes
Dyer
Yes
Gordon
Yes
Mitchell
Yes
Traylor
Yes
Shaffer
Yes
Grossman
Yes
Not Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS



04:03 PM -- Senate Bill 06-004

Senator Mitchell, prime sponsor, came to the table to present Senate Bill 06-004. He discussed the major elements of the bill and provided a brief definition of telemedicine. Senator Mitchell responded to questions about the need for this bill.

04:07 PM -- Dr. Cary Shames, Chief Medical Officer for the Colorado Department of Corrections, spoke in favor of the bill. Dr. Shames discussed the current uses of telemedicine within the department.


04:08 PM

Senator Mitchell wrapped up his presentation.
BILL:SB06-004
TIME: 04:11 PM
MOVED:Mitchell
MOTION:Moved Senate Bill 06-004 to the Committee on Appropriations with a favorable recommendation. The motion passed on a vote of 7-0.
SECONDED:
VOTE
Bacon
Dyer
Gordon
Mitchell
Traylor
Shaffer
Grossman
Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE


04:11 PM

The meeting adjourned.