Bill Summary for Bill Number HB09-1266

Date: 02/19/2009

Final
BILL SUMMARY for HB09-1266

HOUSE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Adopt prepared amendment L.001 (Attachment G). Th Adopt prepared amendment L.002 (Attachment H). Th Refer House Bill 09-1266, as amended, to the Commi	Pass Without Objection Pass Without Objection PASS

05:28 PM -- House Bill 09-1266

Representative McCann, prime sponsor, presented House Bill 09-1266 concerning the repeal of the loss of driving privileges as a penalty for certain crimes. Current law permits the revocation of driving privileges as a penalty for committing certain criminal offenses. This bill removes driving privilege revocation as a penalty for the following crimes:

criminal mischief;
defacing property;
offenses related to the forgery of a traffic ticket issued to a minor;
unlawful use of a controlled substance;
unlawful distribution, manufacturing, dispensing, sale, or possession of a controlled substance; and
offenses related to marijuana.

Representative McCann discussed the fiscal note, which shows decreased revenue as a result of the bill.

05:38 PM -- Jeanne Smith, Division of Criminal Justice, spoke in support of the bill. Ms. Smith stated that people should be held accountable for crimes they commit, but that it should be weighed with the severity of the crime itself. She added that the commission looked at this issue and determined that the loss of driving privileges in many cases hinders a person's rehabilitation rather than helping the person move forward. Representative Waller asked whether the punishment is really losing the license, or the subsequent offense of driving with a suspended or revoked driver's license.

05:43 PM -- Representative Levy distributed a proposed amendment L.001 (Attachment G) which comes from commission discussions and requested that Ms. Smith comment on the amendment. The committee members continued to discuss the bill with the witness.

05:48 PM -- Ted Tow, Colorado District Attorney's Council, spoke in support of the bill. He stated that this bill will particularly impact the rural areas where public transportation is less available. He added that the CDAC is opposed to the amendment regarding a minor in possession of alcohol charge. He suggested alternate language stating for example that if a class on the dangers of drinking and driving is completed, then they won't lose their license, rather than allowing them to pay a fine if they don't finish the class. He stated that the driver license issue would be more of an incentive to complete the class.

05:57 PM -- Maureen Cain, Colorado Criminal Defense Bar, spoke in support of the bill. Ms. Cain talked about the reasons behind the original laws removing driver's licenses for non-driving offenses as a deterrent to criminal behavior. She discussed how the revocation of driver's license can be a barrier to success on probation. She briefly addressed amendment L.001 and stated that she can support it.

06:06 PM -- Doug Wilson, Colorado State Public Defender and the CCJJC, spoke in support of the bill. Mr. Wilson stated that the CCJJC discussion around this bill centered on the fact that the punishment of license revocation for the crimes mentioned in the bill are too harsh. Additionally, as Ms. Cain mentioned, loss of driving privileges can be a significant barrier to success in probation.

06:12 PM -- Peg Ackerman, County Sheriffs of Colorado, spoke in support of the bill.


BILL:	HB09-1266
TIME:	06:13:28 PM
MOVED:	Levy
MOTION:	Adopt prepared amendment L.001 (Attachment G). The motion passed without objection.
SECONDED:	Waller
		VOTE
	Apuan
	Court
	Gardner B.
	King
	Miklosi
	Pace
	Roberts
	Ryden
	Waller
	McCann
	Levy

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1266
TIME:	06:14:57 PM
MOVED:	McCann
MOTION:	Adopt prepared amendment L.002 (Attachment H). The motion passed without objection.
SECONDED:	Court
		VOTE
	Apuan
	Court
	Gardner B.
	King
	Miklosi
	Pace
	Roberts
	Ryden
	Waller
	McCann
	Levy

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1266
TIME:	06:16:13 PM
MOVED:	McCann
MOTION:	Refer House Bill 09-1266, as amended, to the Committee on Finance with a favorable recommendation. The motion passed on a vote of 10-0, with 1 excused.
SECONDED:	Court
		VOTE
	Apuan	Yes
	Court	Yes
	Gardner B.	Yes
	King	Yes
	Miklosi	Yes
	Pace	Excused
	Roberts	Yes
	Ryden	Yes
	Waller	Yes
	McCann	Yes
	Levy	Yes

Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS