Date: 01/28/2009

Final
BILL SUMMARY for SB09-008

SENATE COMMITTEE ON STATE, VETERANS & MILITARY AFFAIRS

Votes: View--> Action Taken:
Moved that Senate Bill 09-008 be postponed indefin
Moved to reconsider the prior motion, and that the		PASS
FAIL

01:36 PM

Senator Williams, Chair, called the meeting to order.

01:36 PM -- Senate Bill 09-008

Senator Harvey, prime sponsor, said that Senate Bill 09-008 is patterned after Colorado's "make-my-day" law and will allow business owners and employees to protect their lives and property.

The following persons testified on Senate Bill 09-008:

01:41 PM -- Mark Beckner, representing the Colorado Association of Chiefs of Police, opposed Senate Bill 09-008 and said that there are sufficient laws in place currently to protect the public. He said that deadly force is already allowed under Colorado law if a person believes that they are in imminent danger of bodily harm or death. He said that it is appropriate that different standards are in place for a residence. However, he said that these standards should not be applied to public places. He said that, as a business owner, "your doors are open to the public."

01:51 PM -- Jean Grattei, representing Colorado Ceasefire, opposed Senate Bill 09-008. She said that Senate Bill 09-008 will allow the use of deadly force as a first resort, rather than a last resort, and that it is difficult to assess the intent of a person who may prove to be no threat. She said that it is not acceptable to take a life if your own life is not in danger. She added that it is he role of law enforcement to investigate the circumstances of each individual case, and that discretion should not be removed from law enforcement personnel.

01:57 PM -- Rebecca West, Boulder, representing Colorado Ceasefire, opposed Senate Bill 09-008. She said that Senate Bill 09-008 infringes on personal liberty and is vague. She said that she supports the right to bear arms. However, she added that the state does not need vigilantes, and that it is the role of the police to protect the public.

02:08 PM -- Denise Washington, representing the Colorado Coalition Against Domestic Violence, said that standards set in Senate Bill 09-008 permitting the use of deadly force are too liberal and that these standards would permit the use of deadly force if a business owner or employee believes that any threat is posed.

02:12 PM -- Peg Ackerman, representing the County Sheriffs of Colorado, supported Senate Bill 09-008. She said that her organizations opposed the original make-my-day law many years ago. She stated that the original make-my-day law has not been problematic. Similarly, she does not expect that this proposed law will be abused. She said that the new law will send a message to business owners that they may protect themselves.

02:16 PM -- Ken Burk, representing the Weld County District Attorney's Office, said that criminals consider whether a homeowner or business owner is armed prior to committing a crime. He said that the Senate Bill 09-008 will serve as a significant deterrent to crime.

02:22 PM -- Robert Edmiston, representing the Firearms Coalition of Colorado, said that the Senate Bill 09-008 will provide an effective deterrent to crime.
BILL:SB09-008
TIME: 02:28:35 PM
MOVED:Boyd
MOTION:Moved that Senate Bill 09-008 be postponed indefinitely. The motion passed on a 3-1-1 roll call vote.
SECONDED:
VOTE
Boyd
Yes
Cadman
Excused
Schultheis
No
Bacon
Yes
Williams
Yes
Final YES: 3 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS
BILL:SB09-008
TIME: 02:31:11 PM
MOVED:Boyd
MOTION:Moved to reconsider the prior motion, and that the roll call on the prior motion be reversed. The motion failed on a 1-3-1 roll call vote.
SECONDED:
VOTE
Boyd
No
Cadman
Excused
Schultheis
Yes
Bacon
No
Williams
No
Not Final YES: 1 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: FAIL