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S_JUD_2016A 02/10/2016 01:30:23 PM Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON JUDICIARY

Date: 02/10/2016
ATTENDANCE
Time: 01:30 PM to 02:41 PM
Aguilar
*
Cooke
X
Place: LSB B
Merrifield
X
Lundberg
X
This Meeting was called to order by
Roberts
X
Senator Roberts
This Report was prepared by
Conrad Imel
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB16-064 Postponed Indefinitely





01:30 PM -- SB16-064



Senator Roberts, chair, called the committee to order. A quorum was present. Senator Lundberg, sponsor, presented Senate Bill 16-064, concerning measures relating to death penalty cases. Senator Lundberg distributed Amendments L.001 (Attachment A) and L.002 (Attachment B). Senator Lundberg explained his reasons for bringing the bill and the procedures used in death penalty cases, generally. At the request of the chair, Senator Lundberg explained the amendments.



16SenateJud0210AttachA.pdf16SenateJud0210AttachA.pdf 16SenateJud0210AttachB.pdf16SenateJud0210AttachB.pdf



01:40 PM



The committee and Senator Lundberg discussed the amendments. Senator Lundberg explained that the bill, as amended, would not change the requirement that a unanimous verdict is necessary to determine guilt and any aggravating or mitigating factors.



Senator Roberts reviewed the procedures to be used for witness testimony.



01:43 PM --
Mr. Richard Dieter, representing the Death Penalty Information Center, testified in opposition to the bill. He distributed written testimony to the committee (Attachment C). Mr. Dieter provided information on the death penalty, generally, and on recent U.S. Supreme Court decisions concerning the death penalty. Mr. Dieter responded to a question regarding the deterrent effects of the death penalty.



16SenateJud0210AttachC.pdf16SenateJud0210AttachC.pdf













01:49 PM --
Ms. Karen Gottlieb, representing the Florida Center for Capital Representation, testified in opposition to the bill. Ms. Gottlieb discussed death sentence exonerations, U.S. Supreme Court decisions, and the costs of legal challenges to laws relating to the death penalty.



01:52 PM --
Mr. Jason Middleton and Ms. Kristen Nelson, representing the State Public Defender's Office, testified in opposition to the bill. Mr. Middleton provided information on court decisions relating to death penalty sentencing. Ms. Nelson discussed death penalty cases in Colorado and the reasons for requiring unanimous jury decisions. Ms. Nelson responded to questions concerning jury deliberations. In response to a question, Mr. Middleton provided references to the Constitution used in court decisions he discussed in his testimony.



02:05 PM --
Ms. Jenny Kraska, representing the Colorado Catholic Conference, testified in opposition to the bill. Ms. Kraska explained her opposition to the death penalty.



02:06 PM --
Ms. Carla Turner, representing Coloradans for Alternatives to the Death Penalty, testified in opposition to the bill. Ms. Turner discussed unanimous jury decisions and wrongful sentencing.



02:10 PM --
Ms. Jean Fredlund, representing the League of Woman Voters, testified in opposition to the bill. Ms. Fredlund explained jury bias and plea bargains.



02:13 PM --
Ms. Annie Livingston-Garrett, representing National Alliance on Mental Illness, testified in opposition to the bill. She explained the legal experience for those with mental illness. Ms. Livingston-Garrett discussed the specific experiences of those who have had a family member sentenced to death.



02:17 PM --
Mr. Nathan Woodliff-Stanley, representing the ACLU of Colorado, testified in opposition to the bill. Mr. Woodliff-Stanley discussed other states' requirements for imposing the death penalty. He discussed the death penalty, generally, and issues that may arise from sentences imposed by nonunanimous juries.



02:20 PM --
Mr. Peter Severson, representing Lutheran Advocacy Ministry of Colorado, testified in opposition to the bill. Mr. Severson distributed written testimony to the committee. He explained his reasons for supporting the existing sentencing requirements.



02:23 PM --
Mr. Tom Sullivan, representing himself, testified in support of the bill and distributed written testimony to the committee. Mr. Sullivan discussed his experience concerning the death of his son and the legal process that followed.











































02:27 PM



Senator Lundberg commented on prior testimony, made closing remarks on the bill, and asked for the committee's support.

BILL: SB16-064
TIME: 02:38:24 PM
MOVED: Lundberg
MOTION: Adopt amendment L.001. The motion passed without objection.
SECONDED:
VOTE
Aguilar
Cooke
Merrifield
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: SB16-064
TIME: 02:38:39 PM
MOVED: Lundberg
MOTION: Adopt amendment L.002. The motion passed on a vote of 4-1.
SECONDED:
VOTE
Aguilar
Yes
Cooke
Yes
Merrifield
No
Lundberg
Yes
Roberts
Yes
YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS





























02:39 PM



Committee members discussed their positions on the bill.

BILL: SB16-064
TIME: 02:41:13 PM
MOVED: Lundberg
MOTION: Refer Senate Bill 16-064, as amended, to the Committee on Appropriations. The motion failed on a vote of 2-3.
SECONDED:
VOTE
Aguilar
No
Cooke
Yes
Merrifield
No
Lundberg
Yes
Roberts
No
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL: SB16-064
TIME: 02:41:46 PM
MOVED: Aguilar
MOTION: Postpone Senate Bill 16-064 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely.
SECONDED:
VOTE
Aguilar
Cooke
Merrifield
Lundberg
Roberts
Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:





02:41 PM



The committee adjourned.