6509FF46F6EEAD2987258C53000801CB Hearing Summary

PUBLIC
BILL SUMMARY For HB25-1206

HOUSE COMMITTEE ON JUDICIARY
Date Mar 19, 2025
Location HCR 0107

HB25-1206 - Committee Discussion Only

Attachment Tag

File Name

Attachment E

Attachment E - Combined.pdf

07:27:30 PM

The committee recessed.

07:38:57 PM

The committee returned
to order. Representatives Carter and Bacon, prime sponsors, presented
House Bill 25-1206. The bill changes the classification for certain crimes
with components of extreme indifference. Representative Carter explained
the effect of the bill and discussed its need. Representative Bacon provided
further input on the merits of the legislation. Discussion ensued regarding
the scope of the bill, and the potential impact of the bill on crime rates.
Discussion followed regarding how a number of hypothetical fact patterns
would be treated by the bill.

08:21:22 PM

Tristan Gorman, representing
Colorado Criminal Defense Bar, testified in support of the bill. Britta
Kruse, representing Colorado Criminal Defense Bar, testified in support
of the bill. Benjamin Collett, representing Colorado Criminal Defense Bar,
testified in support of the bill.

Discussion ensued
regarding charges levied under HB 25-1206 in certain circumstances as compared
to current law, and the genesis of the bill. Discussion followed regarding
a number of fact patterns and how they would fall under the bill, and the
logic behind various crime classifications impacted by the bill.

09:04:18 PM

Bryan Rivera, representing
themself, testified in opposition to the bill. Justis White, representing
themself, testified in opposition to the bill. Sharon Rivera, representing
themself, testified in opposition to the bill. Joyce Phillips, representing
themself, testified in opposition to the bill. Felecia Castro, representing
themself, testified in opposition to HB 25-1206.

Discussion ensued
regarding the status of litigation for the crimes committed against the
witnesses.

09:24:26 PM

Alexis King, representing
1st Judicial District Attorney's Office, testified in opposition to the
bill. Mr. Michael Dougherty, representing Colorado District Attorney Council
and District Attorney's Office, 20th JD, testified in opposition to the
bill. Michael Allen, representing 4th Judicial District Attorney's Office,
testified in opposition to the bill. Michael Anderson, representing themself,
testified in opposition to the bill.

D.A. Dougherty
responded to questions regarding the work of the Colorado Commission on
Criminal and Juvenile Justice on certain issues. D.A. King responded to
questions regarding reckless vehicular homicide. D.A. Allen responded to
questions about a set of crimes he prosecuted. Discussion returned to a
criminal event that D.A. King prosecuted. Discussion ensued regarding how
certain fact patterns line up with available charges under current law,
and some criminal prosecutions that illustrate this. Mr. Anderson returned
to his testimony. D.A. Allen responded to questions regarding how
a criminal event would have been charged under HB 25-1206. Discussion ensued
on this point.

10:26:12 PM

Ms. Tally Zuckerman,
representing Colorado Criminal Defense Bar, testified in support of the
bill. Mr. Jim Castle, representing Colorado Criminal Defense Bar, testified
in support of the bill. Jeri Shepherd, representing Colorado Criminal Defense
Bar, testified in support of the bill. Mr. Jonathan Reppucci, representing
Colorado Criminal Defense Bar, testified in support of the bill.

Ms. Zuckerman
responded to questions regarding how extreme indifference crimes are charged.
Mr. Castle responded to questions regarding how certain crimes are charged
in other states. Ms. Zuckerman responded to questions regarding charging
youth with extreme indifference crimes. Mr. Castle responded to questions
regarding penalties associated with the various levels of charges impacted
by HB 25-1206. Ms. Shepherd responded to questions regarding sentence
reconsideration.

11:01:45 PM

John Walsh, representing
the 2nd Judicial District Attorney's Office, testified in opposition to
the bill. Gordon McLaughlin, representing the 8th Judicial District Attorney's
Office, testified in opposition to the bill. Brian Mason, representing
the 17th Judicial District Attorney's Office, testified in opposition to
the bill. Mr. Stan Hilkey, representing the Colorado Department of Public
Safety, testified in opposition to the bill.

Discussion ensued
regarding charges available under certain fact patterns, and how Colorado's
criminal code compares to other states in the area of crimes impacted by
HB 25-1206. Discussion followed regarding the assault component of the
bill. Discussion returned to charges under certain fact patterns, and the
proper charging range in certain situations. Discussion turned to the stakeholding
process for the bill.

11:51:46 PM

Mr. Fran Lanzer,
representing Mothers Against Drunk Driving, testified in opposition to
the bill. Ms. Clara Shelton, representing themself, testified in opposition
to the bill. Deputy Chief Todd Reeves, representing Colorado Association
of the Chiefs of Police, testified in opposition to the bill. Darcy Kofol,
representing the 23rd Judicial District Attorney's Office, testified in
opposition to the bill. Mr. Travis Sides, representing District Attorney,
13th Judicial District, testified in opposition to the bill.

12:05:16 AM

Erika Unger, representing
themself, testified in support of the bill. Mr. James Karbach, representing
Colo. St. Pub. Defender, testified in support of the bill. Mr. Karbach
responded to questions regarding the difference between two charges from
a criminal defense perspective. Discussion ensued regarding charging options
with respect to extreme indifference.

12:05:17 AM

Written testimony may be found in Attachment E.

12:30:06 AM

Representative Mabrey laid over HB 25-1206 for future action and potential limited testimony.

HB25-1206 - Committee Discussion Only

Colorado General Assembly