h_sa_2016a_2016-02-29t13:34:42z3 Hearing Summary

Date: 02/29/2016

02:26 PM -- HB16-1233



Representative Ransom, sponsor, presented House Bill 16-1233 to the committee. This bill changes sentencing procedures for class 1 felonies starting February 1, 2017. The bill splits the sentencing hearing that takes place after a defendant is convicted into two distinct phases and makes the following changes to procedure.



Aggravation phase. The bill specifies that in the first phase of sentencing, the aggravation phase, the jury must unanimously find the presence of at least one aggravating factor. If the jury cannot agree unanimously that either one aggravating factor has been proven or that no aggravating factors have been proven, the court must dismiss the jury and impanel a new jury. The new jury must consider only the aggravating factors that the first jury could not rule out by unanimous vote. If the second jury cannot reach a unanimous verdict about the presence of at least one aggravating factor, the court must impose a sentence of life without parole.



Penalty phase. During the penalty phase, which must take place immediately after a unanimous finding on at least one aggravating factor, the defense must prove the existence of mitigating circumstances beyond a reasonable doubt. When determining whether to impose a sentence of death or life in prison, the sentencing jury or judge (if the defendant has waived his or her right to a jury trial) can only consider aggravating factors or mitigating circumstances that have been proven. If the jury cannot agree unanimously on a sentence during the penalty phase, the court must dismiss the jury and impanel a new jury. If the new jury cannot reach a unanimous verdict, the court must impose a sentence of life without parole.



02:28 PM -- Rich Orman, representing the District Attorney's Office in the 18th Judicial District, testified in support of the bill and responded to committee questions.



02:39 PM -- Kristen Nelson, representing the Office of the State Public Defender, testified against the bill and distributed a fact sheet on the bill (Attachment B). She answered questions from committee members.



16HouseState0229AttachB.pdf



02:44 PM -- Linda Miller, representing herself, testified in support of the bill and responded to committee questions.



02:49 PM -- Jenny Kraska, representing the Colorado Catholic Conference, testified against the bill and responded to committee questions.



02:52 PM -- Kesha Rencher, representing herself, testified in support of the bill.



02:55 PM -- Peter Severson, representing Lutheran Advocacy Ministry Colorado, testified against the bill.



02:58 PM -- C. Smith, representing herself, testified in support of the bill.



03:00 PM -- Jason Middleton, representing the Office of the State Public Defender, testified against the bill.



03:03 PM -- Phil Ross, representing himself, testified in support of the bill.



03:09 PM -- Stacy Anderson, representing the Better Priorities Initiative, testified against the bill and provided a handout (Attachment C).



16HouseState0229AttachC.pdf



03:12 PM -- Scott Horak, representing himself, testified on the bill.



03:16 PM -- Tom Sullivan, representing himself, testified in support of the bill.



03:19 PM -- George Brauchler, District Attorney for the 18th Judicial District, testified in support of the bill and responded to committee questions.





03:30 PM



Representative Ransom wrapped up her presentation of the bill. Committee members commented on the bill.

03:46 PM



The committee recessed.