Date: 02/19/2013

Final
BILL SUMMARY for HB13-1154

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Adopt amendment L.001 (Attachment A).
Adopt amendment L.003 (Attachment C). The motion f
Adopt amendment L.004 (Attachment D). The motion f
Adopt amendment L.005 (Attachment E). The motion f
Adopt amendment L.006 (Attachment F). The motion f
Amend prepared amendment L.001, page 2, strike lin
Refer House Bill 13-1154, as amended, to the Commi
PASS
FAIL
FAIL
FAIL
FAIL
FAIL
PASS



01:45 PM -- House Bill 13-1154

Representatives Foote and Levy, co-sponsors, presented House Bill 13-1154 concerning crimes against pregnant women. The bill establishes a new article in the criminal code for offenses against pregnant women and creates the new offenses of unlawful termination of pregnancy in the first, second, third, and fourth degrees; vehicular unlawful termination of pregnancy; aggravated vehicular unlawful termination of pregnancy; and careless driving resulting in unlawful termination of pregnancy. Termination of pregnancy resulting from medical care consented to by the woman is exempted from prosecution. The bill also modifies several provisions of current law by:

Representative Foote distributed prepared amendment L.001 and an unofficial preamended version of the bill (Attachments A and B). The committee discussed a procedural matter concerning the amendment.

13HseJud0219AttachA.pdf13HseJud0219AttachA.pdf 13HseJud0219AttachB.pdf13HseJud0219AttachB.pdf

01:55 PM --
Kevin Paul, representing Planned Parenthood of the Rocky Mountains, testified in support of the bill. Mr. Paul discussed previous "fetal homicide" bills that Planned Parenthood could not support due to those bills attempting to establish in Colorado law the concept of fetal personhood. He stated his belief that this bill does not do that and that it is a carefully crafted effort to protect women from harm. He spoke about health care provided by Planned Parenthood.

02:00 PM --
Pete Hautzinger, 21st Judicial District Attorney, testified in support of the bill. Mr. Hautzinger also expressed the support of Stan Garnett, the district attorney for Boulder County. He discussed his experience as a criminal prosecutor and spoke specifically about cases involving pregnant women. He indicated that the bill is a carefully crafted compromise for addressing the criminal death of a wanted fetus. He stated concerns about the amendment, which removes the consecutive sentencing provision contained in the introduced version of the bill. Mr. Hautzinger responded to questions from the committee.

02:14 PM --
Sheriff Jim Beicker, representing the County Sheriffs of Colorado, testified in support of the bill. Sheriff Beicker stated that the bill gives prosecutors a tool to address crimes against pregnant women.


02:15 PM

Representative Foote stated that he was authorized to express the support of the Colorado Coalition Against Domestic Violence.

02:16 PM --
Ken Katt, representing himself, testified in opposition to the bill as introduced. Mr. Katt indicated that he might support the bill if it was amended to included a viability provision. He discussed intent and expressed concern about what would happen in the event of an accidental termination of a pregnancy.

02:22 PM --
Nicolle Martin, representing Colorado Family Action, testified in opposition to the bill. Ms. Martin stated her belief that the bill does not go far enough in protecting women and their unborn children. She expressed concern that the repeal of Colorado's criminal abortion statute, which is contained in the bill, does not fit under the title of the bill.


02:35 PM

The committee discussed amendments to the bill. Prepared amendments L.003, L.004, L.005, and L.006 were distributed (Attachments C through F).
13HseJud0219AttachC.pdf13HseJud0219AttachC.pdf 13HseJud0219AttachD.pdf13HseJud0219AttachD.pdf

13HseJud0219AttachE.pdf13HseJud0219AttachE.pdf 13HseJud0219AttachF.pdf13HseJud0219AttachF.pdf
BILL:HB13-1154
TIME: 02:43:43 PM
MOVED:Gardner
MOTION:Amend prepared amendment L.001, page 2, strike line 4. The motion failed on a vote of 4-7.
SECONDED:Wright
VOTE
Buckner
No
Court
No
Gardner
Yes
Lawrence
Yes
McLachlan
No
Murray
Yes
Pettersen
No
Salazar
No
Wright
Yes
Lee
No
Kagan
No
YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL
BILL:HB13-1154
TIME: 02:53:53 PM
MOVED:Gardner
MOTION:Adopt amendment L.003 (Attachment C). The motion failed on a vote of 4-7.
SECONDED:Wright
VOTE
Buckner
No
Court
No
Gardner
Yes
Lawrence
Yes
McLachlan
No
Murray
Yes
Pettersen
No
Salazar
No
Wright
Yes
Lee
No
Kagan
No
YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:HB13-1154
TIME: 02:55:54 PM
MOVED:Kagan
MOTION:Adopt amendment L.001 (Attachment A). The motion passed on a vote of 7-4.
SECONDED:Lee
VOTE
Buckner
Yes
Court
Yes
Gardner
No
Lawrence
No
McLachlan
Yes
Murray
No
Pettersen
Yes
Salazar
Yes
Wright
No
Lee
Yes
Kagan
Yes
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:


BILL:HB13-1154
TIME: 03:06:08 PM
MOVED:Gardner
MOTION:Adopt amendment L.004 (Attachment D). The motion failed on a vote of 5-6.
SECONDED:Wright
VOTE
Buckner
No
Court
No
Gardner
Yes
Lawrence
Yes
McLachlan
No
Murray
Yes
Pettersen
No
Salazar
No
Wright
Yes
Lee
Yes
Kagan
No
YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:HB13-1154
TIME: 03:10:12 PM
MOVED:Gardner
MOTION:Adopt amendment L.005 (Attachment E). The motion failed on a vote of 4-7.
SECONDED:Lawrence
VOTE
Buckner
No
Court
No
Gardner
Yes
Lawrence
Yes
McLachlan
No
Murray
Yes
Pettersen
No
Salazar
No
Wright
Yes
Lee
No
Kagan
No
YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:HB13-1154
TIME: 03:15:42 PM
MOVED:Wright
MOTION:Adopt amendment L.006 (Attachment F). The motion failed on a vote of 4-7.
SECONDED:Lawrence
VOTE
Buckner
No
Court
No
Gardner
Yes
Lawrence
Yes
McLachlan
No
Murray
Yes
Pettersen
No
Salazar
No
Wright
Yes
Lee
No
Kagan
No
YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


03:16 PM

Representatives Foote and Levy wrapped up their presentation of the bill and asked for a favorable recommendation. Members of the committee commented about their positions on the bill.


03:26 PM

Members of the committee continued to discuss their positions on the bill.
BILL:HB13-1154
TIME: 03:31:03 PM
MOVED:Kagan
MOTION:Refer House Bill 13-1154, as amended, to the Committee on Appropriations. The motion passed on a vote of 10-1.
SECONDED:Lee
VOTE
Buckner
Yes
Court
Yes
Gardner
Yes
Lawrence
Yes
McLachlan
Yes
Murray
Yes
Pettersen
Yes
Salazar
Yes
Wright
No
Lee
Yes
Kagan
Yes
Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS



03:32 PM

The committee took a brief recess.