Bill Summary for Bill Number HB12-1088

Date: 03/05/2012

Final
BILL SUMMARY for HB12-1088

SENATE COMMITTEE ON STATE, VETERANS & MILITARY AFFAIRS

Votes: View-->	Action Taken:
Postpone indefinitely House Bill 12-1088 and rever Refer House Bill 12-1088 the Committee of the Whol	PASS FAIL

03:07 PM -- House Bill 12-1088

Senator Grantham, sponsor, presented House Bill 12-1088 to the committee. The bill adds a place of business to the locations that may be defended using deadly physical force. Senator Grantham explained that the bill extends existing law to allow law-abiding citizens to defend themselves in their place of business.

03:10 PM -- George Hughes, representing the Colorado Association of Chiefs of Police, testified in opposition to the bill. He stated that the bill goes too far, particularly since businesses are often open to the public. He listed various statutes that already allow business owners to protect their lives and their property. Senator Bacon and Senator Grantham discussed the bill with Chief Hughes.

03:13 PM -- Jean Grattet, representing the League of Women Voters of Colorado, testified in opposition to the bill. She expressed particular concern with the bill's provision for immunity from prosecution. She discussed a similar law in Florida. She noted that this is the sixth consecutive year this bill has been heard by the legislature.

03:16 PM -- Eileen McCarron, representing Colorado Ceasefire Capital Fund, testified in opposition to the bill. She discussed the bill's hearing in the House Judiciary Committee. She noted that the bill does not define a place of business and described potentially harmful outcomes of the bill.

03:19 PM -- Amy Miller, representing the Colorado Coalition Against Domestic Violence, testified in opposition to the bill. She stated that this kind of law can easily be abused and creates a culture of violence. Senator Neville and Ms. Miller discussed existing statutes and domestic violence killings.

03:24 PM -- Mike Violette, representing the Colorado Fraternal Order of Police, testified in support of the bill. He described the work of his organization. He discussed the "castle doctrine" enacted in 1985, stating that this law has been tested and not been abused. He discussed the safeguards present in the bill. He stated that existing statutes are insufficient, because the shooter would still be subject to criminal investigation.

03:31 PM

Senator Heath discussed the bill with Mr. Violette. Senator Neville and Mr. Violette discussed the potential effects of the bill and the 1985 legislation.

03:37 PM -- Jimmy West, representing himself, testified in support of the bill. He stated that individuals should not have fewer rights to protect themselves when they are outside of their homes. He described his own experience with a robbery. He stated that you should have a right to protect yourself in every place you have a right to be.

03:42 PM -- Robert Edmiston, representing the Firearms Coalition of Colorado, testified in support of the bill. He distributed a handout regarding the deterrent effect of armed citizens (Attachment B) to the committee. He stated that the bill includes places where honest citizens deserve protection from criminals. He noted that the research demonstrates that gun ownership is a deterrent to crime.

03:46 PM

Senator Neville and Mr. Edmiston discussed the deterrent potential of the bill and police response time. Senator Boyd and Mr. Edmiston discussed the bill's expansion of current "castle doctrine" law from homes to dwellings.

03:49 PM -- Joe Neville, representing Rocky Mountain Gun Owners, testified in support of the bill. He stated that current "castle doctrine" works well and provided an example of an attack on a local business. He stated that individuals deserve the same legal protections in their places of business that they have in their homes. Senator Neville and Mr. Neville discussed the example provided.

03:53 PM

Senator Grantham told the committee that the bill has real world implications and does not change the calculations involved in self-defense. He discussed a case of a home invasion and stated that no one should have to wonder whether the law would be on his or her side when self-defense is needed.

03:59 PM

Committee members discussed the bill.

04:06 PM

Senator Grantham described specific elements of the bill and summarized his support for the bill.


BILL:	HB12-1088
TIME:	04:10:37 PM
MOVED:	Grantham
MOTION:	Refer House Bill 12-1088 the Committee of the Whole. The motion failed on a vote of 2-3.
SECONDED:
		VOTE
	Boyd	No
	Grantham	Yes
	Neville	Yes
	Bacon	No
	Heath	No


YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB12-1088
TIME:	04:11:00 PM
MOVED:	Bacon
MOTION:	Postpone indefinitely House Bill 12-1088 and reverse the previous roll call vote. The motion passed on a vote of 3-2.
SECONDED:
		VOTE
	Boyd	Yes
	Grantham	No
	Neville	No
	Bacon	Yes
	Heath	Yes


Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS