Death penalty bill headed for OK/ Legislation requires unanimous jury

0 Comments | Gazette, The (Colorado Springs), Jul 11, 2002 | by Kyle Henley

DENVER - Only a unanimous vote by a jury would send convicted murderers to their death under legislation expected to be approved today by the General Assembly.

Lawmakers are meeting this week in a special session to reform the state's death penalty laws after a U.S. Supreme Court decision that declared unconstitutional a similar statute in Arizona.

Wednesday, the state Senate gave preliminary approval to House Bill 1005, by Rep. Lynn Hefley, R-Colorado Springs, and Ken Gordon, D- Denver. A final vote is expected today, sending it to Gov. Bill Owens.

The measure reverts the law to the system used in Colorado before 1995. At that time, lawmakers changed the unanimous-jury standard, which was upheld by the courts, to have a three-judge panel weigh the circumstance after a conviction to determine whether someone should get the death penalty.

Backers of HB1005 say using a unanimous jury is the only way to guarantee Colorado has a constitutional death penalty law.

"It is best to take the safe course," said Bob Grant, district attorney for the 17th Judicial District, which includes Adams and Broomfield counties.

Some state lawmakers hoped to push legislation that would have let a 10-2 vote by a jury send a criminal to death by lethal injection.

"Some of us fear that with a unanimous jury, we will never see the death penalty imposed," said Sen. Ron Teck, R-Grand Junction. "There will always be one jury member who won't go for it."

House Bill 1024 would have allowed 10-2 jury decisions. It passed the House on Wednesday, 35-28, but was defeated by the Senate Public Policy and Planning Committee.

HB1005 is now the only death penalty bill still before the General Assembly. It is expected to pass easily, and Owens has said he will sign it.

Owens, who has the ability to call special sessions and set the agenda, also asked lawmakers to address fire- and drought-related issues.

Legislative action on some of the measures Wednesday:

Senate Bill 7 won preliminary approval by the House. It would bar insurance companies from canceling fire insurance policies in areas that have been declared a federal disaster zone because of fire. It passed the Senate, and a final vote is expected in the House today.

Senate Bill 12 won preliminary approval in the House. It would boost the penalty for throwing lighted cigarettes or other burning material from a moving vehicle. Anyone charged with the violation would face a $3,000 fine and/or one year in jail.

House Bill 1013 was defeated in a Senate committee. The measure would have given those who lost homes during the recent wildfires a sales tax refund for the cost of rebuilding their homes.

A Senate committee approved House Bill 1006. It would increase penalties for starting a campfire or other small fire during a fire ban. In addition, it boosts from a misdemeanor to a felony penalties for intentionally starting a wildfire.