Date: 04/16/2009

Final
BILL SUMMARY for HB09-1334

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Refer House Bill 09-1334 to the Committee of the WPASS



04:01 PM -- House Bill 09-1334

Representatives McCann and Apuan, sponsors of the bill, presented House Bill 09-1334 concerning the aggregation of multiple offenses involving theft-type crimes into a single offense. The bill clarifies the existing statute concerning aggregating multiple charges of theft. Current statute requires that multiple acts of theft be aggregated into a single offense if the acts occurred within a six-month period. Under this bill, multiple acts of theft may be aggregated if they occur during a six-month period or if multiple thefts are committed against the same person over any time period.

The bill clarifies existing statute concerning the aggregation of theft charges. Recently, the Colorado Supreme Court ruled that the common practice for prosecuting these types of cases is not proper based on the existing statute. For example, prosecutors may have aggregated the theft charges for people who committed theft against an individual over the course of more than six months. This bill aligns current practice for charging these types of cases with the statute.

04:04 PM --
Robin Whitley, Denver District Attorney's Office and the Colorado District Attorneys Council, spoke in support of the bill. Mr. Whitley discussed the current practice of charging multiple theft cases and explained clarifications that are needed as a result of the Roberts v. People ruling from the Colorado Supreme Court. He distributed an example of a motion in a felony theft complaint (Attachment A) and a fact sheet about the Robertsdecision (Attachment B). Mr. Whitley explained the problems that have arisen in the area of charging theft cases since the Roberts decision was handed down.

09HouseJud0416AttachA.pdf 09HouseJud0416AttachB.pdf

04:15 PM --
Chris Howes, Colorado Retail Council, spoke in support of the bill. Mr. Howes discussed organized retail crime and provided figures about the cost to the state of Colorado in lost sales tax revenues as a result of organized retail crime.

04:17 PM --
Doug Wilson, Colorado State Public Defender and the Colorado Criminal Defense Bar, spoke in opposition to the bill. Mr. Wilson raised concerns about allowing prosecutors to aggregate theft offenses, which would qualify an individual as a habitual offender. He responded to questions from the committee about sentencing for habitual offenders.

04:22 PM --
Ted Tow, Colorado District Attorneys Council, joined the committee to respond to comments by Mr. Wilson.
BILL:HB09-1334
TIME: 04:28:08 PM
MOVED:McCann
MOTION:Refer House Bill 09-1334 to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 9-0, with 2 excused.
SECONDED:Apuan
VOTE
Apuan
Yes
Court
Yes
Gardner B.
Yes
King
Excused
Miklosi
Yes
Pace
Excused
Roberts
Yes
Ryden
Yes
Waller
Yes
McCann
Yes
Levy
Yes
Final YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS



04:29 PM

Representative Levy adjourned the committee.