Senate Committee on Judiciary (04/22/2009)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON JUDICIARY

Date:	04/22/2009	ATTENDANCE

Time:	01:53 PM to 02:43 PM	Hudak	X
		King K.	X
Place:	SCR 352	Lundberg	X
		Newell	X
This Meeting was called to order by		Renfroe	E
	Senator Morse	Carroll M.	X
		Morse	X
This Report was prepared by
	Sara McPhee
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB09-1266		Amended, Referred to Appropriations

01:55 PM -- House Bill 09-1266

Senator Carroll, bill sponsor, presented House Bill 09-1266 concerning the repeal of the loss of driving privileges as a penalty for certain crimes. She explained that a loss of driving privileges is a penalty upon conviction for many offenses and is not limited to those related to driving. She noted that an inability to drive is a problem for ex-offenders re-entering society. This bill eliminates the loss of driving privileges from the penalty for crimes that are not related to driving. Senator Carroll distributed Amendment L.008 (Attachment A).

02:02 PM

The committee discussed the fiscal note and the loss of cash funds revenue that would result from this bill. The committee discussed the specifics of the bill and who should have their driving privileges revoked.

02:11 PM -- Jeanne Smith, representing the Department of Public Safety and the Colorado Criminal and Juvenile Justice Commission, spoke in support of the bill. She explained that this bill came out of the work of the commission. According to Ms. Smith, revoking driving privileges is a contributing factor to ex-offenders not being able to comply with the conditions of their release. For example, in parts of the state that lack public transportation, it can be difficult for ex-offenders to obtain employment or attend mandated drug treatment.

02:17 PM

The committee discussed the specifics of the bill and the changes made in the House of Representatives.

02:19 PM -- Ted Tow, representing the Colorado District Attorneys Council, spoke in support of the bill. He stated that the original intent of revoking licenses was to be a deterrent to the crimes committed. He explained that this does not seem to be a deterrent, but it is a problem for people completing the terms of their probation. Mr. Tow also discussed the difference between having a license revoked rather than suspended.

02:28 PM

The committee discussed the specifics of license revocations with Mr. Tow.

02:30 PM -- Doug Wilson, representing the State Public Defenders Office, spoke in support of the bill. He stated that having a license revoked is an impediment to completing the terms of probation for many ex-offenders.

02:35 PM

Senator Newell asked about adding individuals who are delinquent in their child support payments to the bill so that they would not lose their licenses. Senator Carroll stated that she does not believe that it fits under the title and it is a civil and not a criminal matter.

02:41 PM -- Peg Ackerman, representing the County Sheriffs of Colorado, spoke in support of the bill. She discussed the cost savings for the local jails as a result of this bill.


BILL:	HB09-1266
TIME:	02:42:42 PM
MOVED:	Carroll M.
MOTION:	Adopt prepared Amendment L.008 (Attachment A). The motion passed without objection.
SECONDED:
		VOTE
	Hudak
	King K.
	Lundberg
	Newell
	Renfroe	Excused
	Carroll M.
	Morse

Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1266
TIME:	02:42:57 PM
MOVED:	Carroll M.
MOTION:	Refer House Bill 09-1266 to the Committee on Appropriations. The motion passed on a 6-0 roll call vote.
SECONDED:
		VOTE
	Hudak	Yes
	King K.	Yes
	Lundberg	Yes
	Newell	Yes
	Renfroe	Excused
	Carroll M.	Yes
	Morse	Yes

Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:43 PM

The committee adjourned.