The Death Penalty Bill Ambushed

Colorado's death penalty may yet live on and the state could also spend more to investigate cold cases under amendments made in the Senate to one of this year's most controversial pieces of legislation.

House Bill 1274, as approved by the House, would have repealed the death penalty as a sentencing option and used the money saved by not prosecuting and appealing such cases — estimated to be at least $1 million a year — to fund the Colorado Bureau of Investigation's cold-case unit.

But a new version of the bill, drafted today just 15 minutes before the Senate was slated to vote on the original version, would charge people convicted of crimes a $2.50 fee and give that cash to local jurisdictions to pay detectives overtime to work unsolved homicides. The death penalty would remain in place. It passed with the support of five Democrats and the Republican caucus.

The drastic change must still survive a potential challenge later tonight, a third reading by the Senate and win approval from the House.

Democrat Sen. Morgan Carroll, sponsor of the original version, called the move "an ambush."

"Some people are looking for ways to avoid voting on the core issue," said Carroll, who spoke passionately about ending the death penalty. "This is a totally different bill that's not had a public hearing. It's gamesmanship that makes a mess of public policy."

Democrat Sen. John Morse, who upended Carroll's bill with his amendment, argued that repealing the death penalty is a controversial move that could have stood in the way of funding cold case resolutions. His version also directs funds to local jurisdictions rather than a statewide task force.