F4FE1F220C5FECF58725894F0008B09E Hearing Summary

Senators B. Pelton and Fields, co-prime sponsors, presented Senate Bill 23-034, concerning the definition of serious bodily injury in Section 18-1-901, C.R.S.   They discussed the need to reassess the definition of serious bodily injury to add firearm and penetrating knife wounds.   The senators distributed Amendment L.001  for reference during public testimony (Attachment A). 

Mr. James Karbach, representing Colorado State Public Defender's Office, testified in opposition to the bill.  He expressed concerns about weapon instrumentality. 

Tristan Gorman, representing Colorado Criminal Defense Bar, testified in opposition to the bill. She discussed the term "firearm wound" as defined in the bill. 

Ms. Sheryl Uhlmann, representing Colorado State Public Defender, testified in opposition to the bill. She raised issue with certain definitions in the bill. 

Committee discussion followed about terminology and definitions in the bill.   Committee members asked the panel questions about practices in other states.

District Attorney Travis Sides, representing themself, testified in support of the bill. He discussed the importance of having a wider range of prosecutorial choices beyond murder or assault. 

Assistant District Attorney Tom Byrnes, representing 18th Judicial District Attorney's Office, testified in support of the bill. He noted clarifying definitions in the bill. 

Committee members asked questions about intent and differences between and blunt force and projectile injuries. 

District Attorney Brian Mason, representing District Attorney's Office for Colorado's 17th Judicial District -- Adams & Broomfield Counties, testified in support of the bill. He discussed how the bill closes a loop hole.

Grant Fevurly, representing Department of Law, testified in a neutral position on the bill.  He discussed a court case relevant  to the bill.

Joe Michaels, representing Department of Law, was available to answer committee questions. He discussed consistent application of the law. 

Committee discussion ensued about firearm wounds.  Suggestions were made to change firearm wound to gunshot wound. 

Mr. David Hayes, representing Colorado Association of Chiefs of Police, testified in support of the bill.  He responded to questions from the committee about conduct and outcomes. 

Mr. Arnold Hanuman, representing Colorado District Attorneys' Council (CDAC), was available to answer committee questions. He emphasized the narrow application of the bill.

The committee took a brief recess.