DNA being tested. The Denver Post
It went into committee requiring that individuals convicted of Class 1, Class 2 and Class 3 misdemeanors, offer a DNA sample to be entered into a database — a move widely supported by Colorado district attorneys and members of law enforcement.
Then, at the request of the sponsor, it was amended to only require Class 1 misdemeanors, because members of the House Judiciary Committee voiced concern over the breadth of Class 2 and 3 misdemeanors. And after six hours of debate Thursday, concerns arose the bill was still too broad, so it was amended, yet again, to require DNA samples be taken just for convictions of Class 1 misdemeanors under the criminal code.
The surgery on House Bill 1251, sponsored by Rep. Dan Pabon, D-Denver, was intense as it made its way out of the House Judiciary committee on a 9-2 vote Thursday evening. Reps. Claire Levy, D-Boulder, and Jared Wright, R-Fruita, voted against the measure, questioning the bill’s merits and its premise.
“I’m humbled by the Democratic process,” Pabon said Friday. “Having the committee members weigh in on where they think the right line is is part of democracy … this bill has a long way to go before it gets to the governor’s desk.”
Pabon stressed Friday it will get to the governor’s desk.
But some lawmakers on the House Judiciary committee Friday say a last ditch effort almost killed the measure and that its future passage is perhaps unlikely.
“There was definitely some political maneuvering going on in the committee,” said Wright. “A majority of members on the committee knew that in its raw form this bill would have died in committee.”
The amendment to change required sampling to just Class 1 misdemeanors under the criminal code came from Rep. Brittany Pettersen, D-Lakewood, and passed on a 6-5 vote — with committee chair Rep. Daniel Kagan, D-Cherry Hills Village, as the final deciding vote to move it forward.
But moments before a final vote was to be taken on moving the bill out of committee, Kagan called on the committee to recast votes on Pettersen’s amendment.
“I’m not completely understanding what is happening,” Pabon said at the time.
Kagan, who changed his vote the second go around, declined to comment Friday on why he called for the last minute recast of votes on the amendment which again passed 6-5. (Rep. Bob Gardner, R-Colorado Springs, changed his vote on the amendment)
“I thought the case was made that either we do it for all misdemeanors or we don’t do it for misdemeanors at all,” said Kagan, noting that testimony from district attorneys did call for DNA to be swabbed for all Class 1, 2 and 3 misdemeanor convictions.
Denver District Attorney Mitch Morrissey said he would have liked to see a bill that mandated all misdemeanor convictions require DNA samples be taken.
“It’s important we get all of these misdemeanor offenses recorded in the database,” said Morrissey.
Levy said Friday her concern is that by narrowing and passing the bill, lawmakers have essentially opened the door for new bills in years to come that expand DNA sampling for Class 2 and Class 3 misdemeanors.
“DA’s and law enforcement argued that they really just wanted as many samples of DNA in their database as possible,” said Levy, who noted that had the bill not been amended, then she didn’t think it had a shot of passing out of committee.
Pabon said that by passing HB 1251 lawmakers would be making strong strides in public safety.
The measure is set to go before the House Finance Committee as early as next week.
Follow Kurtis on Twitter: @kurtisalee