Final
BILL SUMMARY for HB05-1183 (Testimony)

HOUSE COMMITTEE ON JUDICIARY

Votes:
Action Taken:
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01:35 PM -- House Bill 05-1183

Representative T. Carroll called the committee to order. A quorum was present. The chairman asked witnesses to limit their testimony to be concise and non-repetitive. Representative Paccione, the prime sponsor of HB 05-1183, Concerning Alcohol Consumption, described the problem of college students who have died by alcohol poisoning and the goal of the legislation she was bringing forward. She stated that 24 cans of beer have the equivalent alcohol content of 1 quart of vodka. She summarized the bill's provisions and mentioned an amendment to remove a safe haven provision from the bill and replace it with a mitigating factor. Representative Paccione answered a question from committee members regarding whether this bill would prohibit someone from providing alcohol to another family's minor child. The chairman referred to Section 18-13-122, C.R.S., which lists exceptions for the offense of providing alcohol to a minor.

Committee members asked for clarification about alcohol that is obtained from the home of an adult who is not physically present and whether that would fall under the definition of procurement. Representative Paccione clarified that the goal of the legislation is to make the provider of alcohol responsible, not someone from whom alcohol was obtained in the course of committing a crime. She also answered questions regarding other potential civil or criminal liability resulting from the legislation, and the safe haven/mitigating factor issue.

The following people testified on the bill:

01:58 PM -- Mr. Patrick Ayers, Ms. Bridget Cunningham, and Ms. Amy Mullineaux, representing themselves, did not commit to a position on the bill but spoke about some of its provisions. Ms. Mullineaux explained that she would be more likely to report a friend in trouble if she was not going to be charged with "minor in possession," also referred to as an MIP. Mr. Ayers and Ms. Cunningham affirmed Ms. Mullineaux's testimony. Ms. Mullineaux responded to questions from the committee regarding the difference in giving immunity to the provider of the alcohol versus giving immunity to someone who reports a person that appears to have overdosed on alcohol. Mr. Ayers responded by stating there is a significant difference between trying to help a friend who may have alcohol poisoning and illegally purchasing alcohol.

02:03 PM -- Ms. Christy Lelait, representing Mothers Against Drunk Driving, spoke in support of the bill. She described the broader set of problems associated with underage drinking.

02:05 PM -- Ms. Denny McGihon, representing herself, spoke in support of the bill.

02:08 PM -- Ms. Maureen Cain, representing the Colorado Criminal Defense Bar, spoke about the MIP provision. She spoke against an affirmative defense provision or a safe haven provision for providers of alcohol to minors, but asked that kids who report a friend in trouble not be charged with an MIP. Ms. Cain and Representative Paccione responded to questions and comments from the committee. The chairman asked if there are other statutes that provide a safe haven for someone who has committed a crime, and at the time, Ms. Cain could not think of any situations in which the person is granted this for self-reporting.

02:15 PM -- Ms. Annmarie Jensen, representing the Colorado Association of Chiefs of Police, spoke in support of granting immunity to someone who reports possible alcohol poisoning rather than someone who provided the alcohol. She also spoke to earlier testimony. Ms. Jensen responded to questions from the committee regarding who might be granted immunity if a group decides a call for help is necessary but designates one person to do it. Committee members were provided with Amendment L.004 (Attachment A), and the chairman granted permission for the committee and witnesses to speak about amendments that may be offered later in the hearing (see action on amendments below). Ms. Jensen described the provisions of L.004. Representative McGihon explained an affirmative defense. Several committee members spoke about their desire to provide immunity to any and all persons who call for medical help for a person who appears to have overdosed on alcohol.

02:25 PM -- Mr. Wes Wright, representing himself, spoke in support of most of the bill's provisions, but spoke against the amendment to increase the MIP penalty. He responded to questions regarding the stiffness of the penalty and his observations about binge drinking on college campuses. The bill sponsor spoke about penalties for repeat MIP offenders.

02:31 PM -- Ms. Kim Robbins, representing CDAC, spoke against the bill. She noted some potential problems for law enforcement that the bill could present by granting immunity to those who call for medical assistance. She answered questions from the committee.

02:37 PM -- Captain Dayton Robinson, representing himself, voiced his concern about the problems for law enforcement in determining who makes a phone call and the complications associated with calls made on someone else's phone. He suggested that the person calling be required to identify himself or herself and any others who are assisting the person in need. He then answered questions from the committee regarding how this might work with operators or with multiple calls for one incident. In response to questions from committee members, Representative Paccione stated that word of mouth would serve as the vehicle for educating students about the changes this bill makes to current law. Mr. Robinson also answered questions about the process of filing charges.


02:45 PM

The chairman announced that, to allow additional amendments to be drafted, the bill would lay over two bills to be heard following the committee's consideration of HB 05-1206. The committee then recessed briefly.