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Judiciary advances bill to narrow mandatory LWOP for some extreme‑indifference homicides
Summary
After hours of divided testimony from public defenders, prosecutors, victims’ families and sentencing experts, the committee voted 4–3 to move HB12‑81 — which would reclassify some extreme‑indifference homicides to lower felony classes with enhanced sentencing ranges and add vehicular aggravators — to the Committee of the Whole.
Sponsors Sen. Hendrickson and Sen. Weisman opened with a detailed framing of House Bill 12‑81: the proposal would preserve life‑without‑parole for the most aggravated extreme‑indifference murders (multiple deaths, child victims under 12, first responders killed, or death plus multiple serious bodily injuries), but would reclassify certain single‑victim extreme‑indifference killings as class 2 felonies with a 24–48‑year sentencing range (crime‑of‑violence enhancements apply). The bill also creates aggravated vehicular homicide enhancements and a new criminally negligent vehicular homicide category.
Proponents — state public defenders, sentencing scholars and victim‑advocacy groups supporting proportionate sentencing — argued Colorado is an outlier in applying mandatory LWOP to all extreme‑indifference cases and urged discretion for judges. Opponents — a unified panel of district attorneys and prosecutors — argued the bill would arbitrarily reduce penalties for mass‑violence scenarios and rely on outcomes (number of victims, victim age) rather than defendant culpability. Victims’ family members gave emotional testimony describing lives lost and trauma.
Committee members probed the statute’s wording, juvenile implications and the interplay with other bills (e.g., SB72). After debate and committee amendments intended to retain LWOP in clearly aggravating scenarios, the committee voted 4–3 to advance HB12‑81 to the Committee of the Whole.
Sponsors said the bill balances proportionality and public safety while preserving enhanced penalties where the conduct and result meet specified aggravators.
