Date: 03/04/2009

Final
BILL SUMMARY for HB09-1266

HOUSE COMMITTEE ON FINANCE

Votes: View--> Action Taken:
Moved amendment L.003 (Attachment D). After a bri
Refer House Bill 09-1266 to the Committee on Appro		TIE
PASS



11:26 AM -- House Bill 09-1266 - Concerning the Repeal of the Loss of Driving Privileges as a Penalty for Certain Crimes

Representative McCann, prime sponsor, explained that House Bill 09-1266 removes driving privileges as a penalty for certain crimes such as criminal mischief, defacing property, offenses related to the forgery of a traffic ticket issued to a minor, and other offenses related to the unlawful use of a controlled substance. She noted that other crimes also included offenses related to possession of alcohol by minors.

The committee discussed the offenses in the bill and the issue of repeat offenders. The committee discussed the issue of a given punishment fitting the crime and whether the revocation provisions in the bill are tied to the criminal offenses in the bill.

The following persons testified:

11:47 AM -- Mr. Douglas K. Wilson, State Public Defender, responded to committee questions. This bill went through a subcommittee and an oversight committee that are made up of law enforcement, victim, and judicial stakeholders. Mr. Wilson continued by saying that we are sure that the punishment in the bill fits the crime. Mr. Wilson discussed the issues that are tied to a person who looses their driver's license resulting from a criminal offense.

11:55 AM -- Mr. Erick Scheminske, Colorado Division of Public Safety, testified in support of the bill and discussed the loss of state revenue in the bill. The loss of HUTF revenue will have no impact on the division's operations and the operation of ports-of-entry and amounts to one-tenth of one percent of total HUTF revenue.


11:58 AM

Recess.


01:33 PM


01:33 PM -- Ms. Jeanne Smith, Division of Criminal Justice, testified in support of the bill and responded to committee questions. Ms. Smith discussed the criminal offenses in the bill and discussed some of the programs that treat certain criminal offenders. Ms. Smith closed by noting that courts can modify a specific sentence.

01:50 PM -- Mr. Ted Tow, Colorado District Attorney's Council, responded to committee questions and discussed the conflicts in the bill with current judiciary sentencing policies.

02:13 PM -- Ms. Peg Ackerman, Colorado Sheriff's Association, testified in support of the bill.


02:14 PM
BILL:HB09-1266
TIME: 02:14:19 PM
MOVED:Kerr A.
MOTION:Moved amendment L.003 (Attachment D). After a brief committee discussion, the motion was withdrawn.

09HouseFin0304AttachD.pdf
SECONDED:Frangas
VOTE
Apuan
Benefield
Gerou
Kefalas
Kerr A.
Lambert
Roberts
Summers
Swalm
Frangas
Judd
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE


BILL:HB09-1266
TIME: 02:18:10 PM
MOVED:Benefield
MOTION:Refer House Bill 09-1266 to the Committee on Appropriations. The motion passed on a 9-1 vote.
SECONDED:Roberts
VOTE
Apuan
Yes
Benefield
Yes
Gerou
Yes
Kefalas
Yes
Kerr A.
Yes
Lambert
Yes
Roberts
Yes
Summers
Excused
Swalm
Yes
Frangas
No
Judd
Yes
Final YES: 9 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS