Date: 02/02/2006

Final
BILL SUMMARY for HB06-1026

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Move Amendment L.001 (Attachment AA). The motion
Postpone indefinitely HB 06-1026. The motion carr
Refer HB 06-1026, as amended, to the Committee on 		Pass Without Objection
PASS
TIE


10:36 PM -- House Bill 06-1026

Representative Berens, prime sponsor, spoke about HB 06-1026, which requires a court to impose the maximum possible sentence for a particular felony, or a maximum of the offender's natural life, on anyone convicted of a sex offense against a victim who is 12 years older or younger. He distributed information about felony sex offense convictions (Attachment Z).

The following people testified to the bill:

10:43 PM -- Mr. David Kaplan, State Public Defender, and Ms. Laurie Rose Kepros, representing public defenders and the Colorado Criminal Defense Bar, spoke against the bill and questioned statistics provided to the committee in Attachment Z. They both answered questions from the committee.

10:51 PM -- Mr. Todd Herreid, Legislative Council Staff, answered questions from the committee. He explained that the statistics in Attachment Z came from the Judicial Branch and only applied to certain sex offenses.

10:53 PM -- Ms. Peg Ackerman, representing County Sheriffs of Colorado, spoke in favor of the bill.

10:54 PM -- Ms. Paula Rhoads Hook, representing herself, spoke in favor of the bill as an incest survivor. The sponsor commented following her testimony.

10:57 PM -- Ms. Tamika Payne, representing the Colorado Coalition Against Sexual Assault, took a neutral position on the bill and noted statistics about sexual assault.

Several other people signed up to testify on the bill, but left before the bill was heard.


11:00 PM


The chairman closed public testimony, and the committee began considering amendments. Committee members were provided with Amendment L.001 (Attachment AA).
BILL:HB06-1026
TIME: 11:01:09 PM
MOVED:Gardner
MOTION:Move Amendment L.001 (Attachment AA). The motion passed without objection.
SECONDED:Witwer
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

Mr. Michael Dohr, Office of Legislative Legal Services, indicated that the amendment is technical in nature.


11:06 PM

The sponsor made closing comments on the bill. Committee members also commented.
BILL:HB06-1026
TIME: 11:12:27 PM
MOVED:Clapp
MOTION:Refer HB 06-1026, as amended, to the Committee on Finance. After the motion was made and seconded, a substitute motion to postpone the bill indefinitely was made (see below).
SECONDED:Witwer
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: TIE
BILL:HB06-1026
TIME: 11:12:52 PM
MOVED:McGihon
MOTION:Postpone indefinitely HB 06-1026. The motion carried on a vote of 6-5.
SECONDED:Boyd
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