Final
BILL SUMMARY for
HB05-1260
HOUSE
COMMITTEE ON
JUDICIARY
Votes:
Action Taken:
Postpone indefinitely HB 05-1260. The motion carr
Refer HB 05-1260 to the Committee of the Whole. T
PASS
FAIL
03:07 PM -- House Bill 05-1260
Representative Crane, the prime sponsor of HB 05-1260, Concerning Prohibiting the Performance of an Abortion After the Fetus is Viable, summarized the bill's provisions and explained why he was bringing the bill forward. He responded to questions from the committee regarding the definition of viability outside of the mother's womb and when viability might begin during the mother's pregnancy.
The following people testified on the bill:
03:20 PM --
Mr. Kevin Paul, representing Planned Parenthood of the Rocky Mountains, spoke in opposition to the bill. He asked the committee to consider the constitutionality of the legislation in light of U.S. Supreme Court rulings and a 10th Circuit Court of Appeals ruling regarding the definition of viability and who determines viability of a fetus. In essence, says Mr. Paul, the courts have held that viability is a difficult concept to define and it cannot be done in terms of stage of pregnancy. Additionally, determining viability is a medical decision that must be left in the hands of doctors. He responded to questions from the committee regarding his reading of the bill and language that would meet the courts' criteria.
03:32 PM --
Mr. Michael Lawrence, representing himself, spoke in support of the bill. He stated that the bill does not take away a doctor's discretion to determine viability. He also noted that the definition of viability in HB 05-1260 is identical to that in a federal act but differs from the language in
Roe v.
Wade
to which the previous witness was referring. He stated that the bill's medical exemption language is identical to the court's language in other rulings. He added that the bill only addresses certain late-term abortions, affecting an estimated 46 women in Colorado per year. He answered questions from the committee including what might constitute probable cause in the course of prosecuting a violation of this legislation, what proof might be used for such a violation, and why a doctor would be prosecuted for a violation instead of the woman who had the late-term abortion.
03:53 PM
The chairman closed the public testimony portion of the hearing. No amendments were offered by the committee or the bill sponsor. The bill sponsor made closing comments on the bill and committee members also commented.
BILL:
HB05-1260
TIME:
03:57:59 PM
MOVED:
Brophy
MOTION:
Refer HB 05-1260 to the Committee of the Whole. The motion failed on a vote of 4-6-1.
SECONDED:
Harvey
VOTE
Boyd
No
Brophy
Yes
Decker
Yes
Harvey
Yes
Hefley
Excused
Jahn
No
Judd
No
Kerr
Yes
McGihon
No
Carroll M.
No
Carroll T.
No
Not Final
YES:
4
NO:
6
EXC:
1
ABS:
0
FINAL ACTION:
FAIL
BILL:
HB05-1260
TIME:
03:58:55 PM
MOVED:
Judd
MOTION:
Postpone indefinitely HB 05-1260. The motion carried on a vote of 6-4-1.
SECONDED:
Boyd
VOTE
Boyd
Yes
Brophy
No
Decker
No
Harvey
No
Hefley
Excused
Jahn
Yes
Judd
Yes
Kerr
No
McGihon
Yes
Carroll M.
Yes
Carroll T.
Yes
Final
YES:
6
NO:
4
EXC:
1
ABS:
0
FINAL ACTION:
PASS