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Colorado Legislature 2001
News stories from the 2001 Colorado General Assembly:
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- SB 207: Death Sentence Changes Killed
A Senate committee killed a bill Monday that would have abandoned Colorado's three-judge sentencing panels in death-penalty cases and given life-or-death decisions to the trial judge. The 4-3 vote so angered sponsor Sen. Ken Chlouber, R-Leadville, that he got into an altercation with fellow Republican Jim Dyer of Arapahoe County, who voted against the bill. ... Opposing the bill were the Colorado Bar Association, criminal defense lawyers, public defenders and state prosecutors. ... Attorney Pat Furman, representing the bar association and its board of governors, said an inordinate amount of "inappropriate pressure" could be leveled against the sentencing judge because of a decision. "It would be inappropriate to base the worth of a judge on a single case," Furman said. He also said that having a single judge decide life or death would destroy any chance for a deliberative process, "to have other people to speak with ... to reach the best possible result." (3/20/01, The Denver Post)
- SB 207: Panel Kills Death Penalty Change
A Republican lawmaker who says the current death penalty law isn't working was furious Monday when his bill to put the decision in the hands of a single judge was killed. (3/20/01, Rocky Mountain News)
- SB 207: Bill Seeks Death Penalty Change
Lawmakers outraged over the life sentence given to Peyton Tuthill's killer introduced legislation Thursday to throw out the three-judge system in death-penalty cases and leave the ultimate decision with the trial judge. ... The bill would place the ultimate life-or-death decision in the hands of the judge who presides at the murder trial. The bill would require at least 10 of the 12 jurors who hear the criminal case to render an "advisory" sentence to the judge who would "take into consideration" their recommendation but make the final decision, said Chlouber, R-Leadville. If at least 10 jurors can't agree on a sentence, the judge would determine it alone. (3/9/01, The Denver Post)
- SB 207 Death Penalty Panel Assailed
A state lawmaker who witnessed the execution of the killer of his elderly aunt introduced legislation Thursday to let a single judge in Colorado determine whether a convicted murderer should die. A decision last week in Denver by a three-judge panel to spare the life of convicted killer Donta Page -- who raped and murdered Peyton Tuthill in 1999 -- was the last straw, said state Sen. Ken Chlouber, R-Leadville. (3/9/01, Rocky Mountain News)
- SB 104: Governor Owens on April 19, 2001 Signs Bill into Law
Summarized History for Bill Number SB01-104. (4/01, Colorado General Assembly Web site) - SB 104: Death Row Inmates' Competence Tackled
DENVER -- A bill outlining procedures to determine the mental competence of a death row inmate won initial approval from the House on Thursday. Senate Bill 104, carried in the House by Rep. Shawn Mitchell, R-Broomfield, outlines who can request and perform a psychological exam of a person sentenced to die. ... Sen. Joan FitzGerald, D-Golden, introduced, amended and ushered SB 104 through the Senate. A favorable final vote in the House would send it to the governor. (3/30/01, The Daily Camera)
- SB 104: Colorado Senate OKs Death-Row Competency
Two of Sen. Joan Fitz-Gerald's bills won Senate approval Tuesday. Her SB 104 would allow only a death row inmate's lawyer, a state prosecutor or the executive director of the Colorado Department of Corrections to raise the issue of mental competency within 120 days of the convict's execution date. Both bills now go to the House for consideration. (3/1/01, The Daily Camera)
- SB 104: Bill Bars Mental Defense in Death Row Cases
State lawmakers and prosecutors said Wednesday they want to make it harder for death row prisoners to claim mental illness in order to delay their execution. The Senate Judiciary Committee unanimously approved a bill that bans a defendant, his family or friends from raising the issue of "mental incompetence" before a scheduled execution. Senate Bill 104, sponsored by Sen. Joan FitzGerald, D-Golden, would allow only the convicted person's lawyer, a state prosecutor or executive director of the Colorado Department of Corrections to bring the issue before a court. ... But criminal defense lawyers vehemently opposed the bill. They said the issue of mental incompetency causing execution delays has never been an issue in Colorado. State public defender Dave Kaplan said the plan would make it harder for a truly mentally incompetent person to delay an execution. (2/8/01, The Denver Post)
- SB-104: Fitz-Gerald Holds Back Death Penalty Bill
Sen. Joan Fitz-Gerald, D-Golden, agreed Wednesday to postpone a hearing on her bill that would require competency hearings for inmates sentenced to death. The Senate Judiciary Committee was set to discuss SB 104, but Sen. Ken Gordon, D-Denver, who chairs the committee, expressed concern an appeals process remain in place. Fitz-Gerald said she wanted to meet with several district attorneys to discuss their concerns before the bill is debated in committee. "We're not debating the death penalty with this bill," she said. "We just don't want Colorado executing incompetents." (2/1/01, The Daily Camera)
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