Date: 02/23/2006
Final
BILL SUMMARY for HB06-1296
HOUSE COMMITTEE ON JUDICIARY
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02:34 PM -- House Bill 06-1296
Representative Penry, prime sponsor, presented House Bill 06-1296, which concerns increasing the penalties for violations of illegal possession of alcohol by an underage person. Among other things, the bill would allow the Department of Revenue to revoke a minor's driver's license for a second or subsequent offense prior to conviction in a court of law.
02:38 PM -- Ms. Ruth Michaels, representing the Mesa County Underage Drinking Task Force, spoke in favor of the bill. Ms. Michaels discussed the genesis of the bill. She provided a packet of information regarding underage drinking (Attachment E), and spoke specifically about the problems of binge drinking. Ms. Michaels responded to questions from the committee regarding the procedure for increased penalties under the bill.
02:47 PM -- Mr. Jeff Wells, representing the Grand Junction Police Department, spoke in favor of the bill. Officer Wells provided lengthy statistics regarding underage drinking in Mesa County. He discussed the key issues addressed by the bill: prevention, enforcement, and intervention. Officer Wells explained that he works with underage drinking offenders and asked them what would deter them from drinking. Many responded that affecting driving privileges would be an effective way to do that. Officer Wells responded to questions from the committee regarding a process for tracking these offenses.
02:55 PM -- Mr. Dan Rubenstein, Deputy District Attorney, spoke in favor of the bill. Mr. Rubenstein discussed his participation in the drafting of the bill. He provided a technical explanation of the process of managing license revocations and underage drinking actions. Mr. Rubenstein listed the offenses that do not involve driving that can result in a license revocation. He responded to questions from the committee regarding the effectiveness of revoking a driver's license. The committee had a lengthy discussion regarding the process of handling the progressive process of underage drinking convictions in juvenile court and criminal court. Mr. Rubenstein explained the procedure for a juvenile delinquency proceeding.
03:15 PM -- Ms. Margaret Pearson, representing herself, spoke in favor of the bill. Ms. Pearson reiterated the testimony of Officer Wells regarding prevention, enforcement, and intervention.
03:17 PM -- Ms. Maureen Cain, representing the Colorado Criminal Defense Bar, spoke in opposition to the bill. Ms. Cain discussed her understanding of the bill, stating support for the bill's provisions regarding community service and intervention. Ms. Cain stated her concerns about the mandatory language in the bill. She responded to questions from the committee regarding due process concerns with the bill. The committee had a lengthy discussion about the age of the individuals affected by the bill and the possible due process problems that could arise with the revocation of a license.
03:32 PM -- Ms. Mary Sharon Wells, representing herself as a private citizen, spoke in support of the bill. Ms. Wells discussed her experience with the Build A Generation Program, which is now defunct. She indicated that the bill will act as a deterrent to underage drinking.
03:35 PM -- Mr. Steve Finley, representing the Colorado Beer Distributors Association, spoke in favor of the bill and the philosophy behind it.
03:37 PM
At the request of Representative Penry, the chairman laid the bill over for action at a later date.