Date: 01/29/2009

Final
BILL SUMMARY for HB09-1081

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Adopt prepared amendment L.001 (Attachment A). Th
Refer House Bill 09-1081, as amended, to the Commi		PASS
PASS



01:36 PM -- House Bill 09-1081

Representative Looper, prime sponsor, presented House Bill 09-1081 concerning an increase in the length of the statute of limitations for vehicular homicide. The bill extends the statute of limitations for vehicular homicide from three years to five years. Vehicular homicide may be a class 3 or class 4 felony, depending on the presence of alcohol or drugs. Representative Looper related details of a hit and run accident in her district.

01:40 PM -- Dan May, 4th Judicial District Attorney, spoke in support of the bill. Mr. May discussed the possibility of adding hit and run death to this bill. He talked about the difficulty in investigating and prosecuting these types of cases. Solving these cases after the statute of limitations expires is very frustrating for law enforcement. Hit and run is generally very random and hits communities very hard. He responded to questions from the committee about the reasons for statutes of limitations. The committee discussed statutes of limitations for vehicular homicide in other states and whether it would be possible to add a tolling provision to the Colorado statute of limitations if a crime is concealed. The committee talked about prepared amendment L.002 (Attachment A). The amendment adds the crime of leaving the scene of an accident that resulted in the death of a person to the bill.

09HouseJud0129AttachA.pdf

01:50 PM -- Tom Davis, Fountain Police Department, spoke in support of the bill. Corporal Davis related details of vehicular homicide cases he has investigated.

01:53 PM -- Mike Barnett, Fountain Police Department, spoke in support of the bill. Mr. Barnett is a traffic accident reconstruction expert and related details of his experience investigating vehicular homicide cases. He indicated his belief that scientific testing can be used to assist law enforcement officials with the investigation and solving of crimes if adequate time is available to do so.

01:56 PM -- Maria Moll, Colorado Association of Chiefs of Police, spoke in support of the bill. Ms. Moll discussed the examination of DNA evidence in vehicular homicides. She stated that the difference between three and five years provides law enforcement with a higher probability of closing cases and giving closure to victims and their families.

02:02 PM -- Doug Wilson, State Public Defender, spoke in opposition to L.001. Mr. Wilson was involved in discussions over the summer about extending the statute of limitations. He and the Colorado Criminal Defense Bar supported the idea of extending it by two years for vehicular homicide, but they do not support the idea of doing so for hit and run death. He stated his belief that the amendment will increase the fiscal impact of the bill. The committee discussed the changes proposed in the amendment.


02:13 PM

Representative Looper pointed out a letter from Leticia Lopez, whose husband was killed by a hit and run driver in Fountain in 2003 (Attachment B). She wrapped up her presentation of the bill and asked for a favorable recommendation. The committee discussed the expansion of the bill with L.001 and the difference between vehicular homicide and leaving the scene of an accident that resulted in the death of a person.

09HouseJud0129AttachB.pdf
BILL:HB09-1081
TIME: 02:20:02 PM
MOVED:Roberts
MOTION:Adopt prepared amendment L.001 (Attachment A). The motion passed on a vote of 9-2.
SECONDED: King
VOTE
Apuan
Yes
Court
Yes
Gardner B.
Yes
King
Yes
Miklosi
Yes
Pace
No
Roberts
Yes
Ryden
Yes
Waller
Yes
McCann
Yes
Levy
No
Not Final YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:HB09-1081
TIME: 02:22:16 PM
MOVED:Roberts
MOTION:Refer House Bill 09-1081, as amended, to the Committee on Appropriations. The motion passed on a vote of 11-0.
SECONDED:King
VOTE
Apuan
Yes
Court
Yes
Gardner B.
Yes
King
Yes
Miklosi
Yes
Pace
Yes
Roberts
Yes
Ryden
Yes
Waller
Yes
McCann
Yes
Levy
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS