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Special Session Under Way

Legislature To Consider Reforming State's Death Penalty Law

POSTED: 5:54 a.m. MDT July 8, 2002
UPDATED: 1:18 p.m. MDT July 8, 2002

State lawmakers returned to the Capitol on Monday to ensure the state's death penalty law is constitutional and to debate how to deal with record wildfires and the worst drought in a century.

Among bills already on lawmakers' desks were proposals to increase penalties for setting fires in violation of fire bans and to ask voters to finance new water-storage projects through bonds that would be paid from water tap fees and water sales.

The key issue though is the death penalty.

Gov. Bill Owens called the special session after the U.S. Supreme Court ruled last month that only juries can make the critical decisions necessary to justify handing down the death penalty. In Colorado and four other states, judges determine whether the death penalty is appropriate.

Owens defended his decision to convene the session, saying while it is an election year, politics did not play into it.

"To wait six months would have meant that murderers in Colorado might have had a free ride in not paying the full price for their actions," Owens said Monday. "Bringing the Legislature back in session for five or six days seems a small price to pay."

"My guess is, that most of the legislators are going to agree to a unanimous jury verdict before the death sentence can be ordered," said Senator Ed Perlmutter.

Lawmakers will also consider tougher penalties against those who set wildfires and easier access to fire insurance.

One published report said lawmakers may look at providing some relief to ranchers who are selling off their livestock because their pastures have dried up and hay is getting scarce.

Other lawmakers also want to look at building more dams to increase the state's water storage capacity.

The cost of a special session is about $14,000 a day.


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