1997
SENATE BILL 97034
BY SENATORS Perlmutter, Bishop, Coffman, Congrove, Dennis, Hernandez, Hopper, Johnson, Martinez, Matsunaka, Norton, Phillips, Powers, Schroeder, Tebedo, Wattenberg, Weddig, and Wham;
also REPRESENTATIVES Agler, Adkins, Alexander, Allen,
Anderson, C. Berry, G. Berry, Dean, Dyer, Epps, Faatz,
Gotlieb, Hagedorn, Kaufman, Kreutz, Lawrence, Leyba, Mace, McElhany,
McPherson, Miller, Musgrave, Nichol, Pfiffner, Reeser, Salaz,
Schwarz, Snyder, Swenson, Taylor, Tucker, Udall, Veiga, S. Williams,
and Young.
CONCERNING RIGHTS OF FAMILIES OF HOMICIDE VICTIMS.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 244.1302.5
(1) (g), Colorado Revised Statutes, 1988 Repl. Vol., as amended,
is amended to read:
244.1302.5. Rights afforded
to victims. (1) In order to
preserve and protect a victim's rights to justice and due process,
each victim of a crime shall have the following rights:
(g) The right to be present at the sentencing
hearing, INCLUDING ANY HEARING CONDUCTED PURSUANT TO SECTION 1611103,
C.R.S., FOR CASES INVOLVING CLASS 1 FELONIES, of any person convicted
of a crime against such victim and to inform the district attorney
or the court, in writing, by a victim impact statement, or in
person by an oral statement, of the harm that the victim has sustained
as a result of the crime;
SECTION 2. 1611103 (1) (b),
Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended
to read:
1611103. Imposition of
sentence in class 1 felonies appellate review.
(1) (b) All admissible evidence presented by
either the prosecuting attorney or the defendant that the panel
of judges deems relevant to the nature of the crime, and the character,
background, and history of the defendant, including any evidence
presented in the guilt phase of the trial, and
any matters relating to any of the aggravating or mitigating factors
enumerated in subsections (4) and (5) of this section, AND ANY
MATTERS RELATING TO THE PERSONAL CHARACTERISTICS OF THE VICTIM
AND THE IMPACT OF THE CRIMES ON THE VICTIM'S FAMILY may be presented.
Any such evidence, INCLUDING BUT NOT LIMITED TO THE TESTIMONY
OF MEMBERS OF THE VICTIM'S IMMEDIATE FAMILY, AS DEFINED IN SECTION
244.1302 (6), C.R.S., which the panel of judges
deems to have probative value may be received, as long as each
party is given an opportunity to rebut such evidence. The prosecuting
attorney and the defendant or the defendant's counsel shall be
permitted to present arguments for or against a sentence of death.
SECTION 3. Effective
date applicability. This act shall
take effect upon passage and shall apply to sentencing hearings
conducted on or after said date.
SECTION 4. Safety
clause. The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Joan M. Albi Judith M. Rodrigue
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO