This story by Sara Wilson appeared on Colorado Newsline on July 7, 2023.
Colorado Republican lawmakers called on Gov. Jared Polis on Thursday to convene a special session so they can address rising property taxes and a recent Colorado Supreme Court decision that allows people charged with first-degree murder to post bail.
“This issue must be addressed now, not next year,” state Sen. Barbara Kirkmeyer, a Weld County Republican, said in a statement. “We urge Governor Polis to convene a special session immediately — we need to get back to work, do our job and pass a law that stops protecting suspected murderers and starts protecting the people of Colorado. Let’s not give violent criminals the opportunity to commit additional crimes.”
The state’s high court recently ruled that defendants in all cases, including those accused of murder, can post bail in order to get out of jail as they await trial. The state Constitution says that bail can only be denied in “capital cases,” meaning one potentially punishable by death. Lawmakers abolished the state’s death penalty in 2020, so there are technically no capital cases anymore.
In the weeks since that ruling, judges have set high bail requirements for multiple murder suspects. The cases involve bail in the multimillion dollar amount, and the suspect would need to provide the full amount to the court.
“The Governor supports changes to prevent suspects formally charged with capital offenses from getting out on bail, and now that the Supreme Court has ruled, he calls upon the state Legislature to fix this unintended consequence of eliminating the death penalty even if it takes a referred constitutional amendment, which could not be referred to the ballot until the 2024 election,” Polis spokesperson Conor Cahill said in a statement.
House Speaker Julie McCluskie and Majority Leader Monica Duran also said addressing the bail issue would likely require a ballot initiative in 2024, when constitutional amendments can next be considered.
“A special session now will not address this situation. I am committed to working with my fellow legislators and key stakeholders to develop a responsible solution, and I am deeply disappointed to see such a serious issue being used for clearly partisan attacks,” Duran said in a statement.
House Minority Leader Mike Lynch wrote in his own statement that if Polis, a Democrat, doesn’t convene a special session for the bail issue, his caucus “stands ready” to work on it next year. He wrote that when the Supreme Court handed down its ruling, House Republicans began working with district attorneys and local law enforcement to write “law and order” legislation for the next session.
Republicans also want a special session to tackle rising property taxes, action they also urged as the clock ran out on the 2023 legislative session in May. Democrats passed legislation at the very end of session to put on November’s ballot Proposition HH, which would reduce property taxes for 10 years using tax revenue originally slated to go back to taxpayers.
Republicans criticize the plan as “rushed” and “ill-conceived.” Voters will make a decision on it in the fall.
“Allowing voters the opportunity to enact Proposition HH in November to save people money is common sense and the Governor is skeptical as to why certain Republicans are attempting to block the voters’ ability to weigh in on this important plan to cut property taxes,” Cahill wrote.
The Legislature finished its 120-day work period on May 8. A special session can be convened either by Polis or by two-thirds of the General Assembly chambers, which has never happened. Both chambers are controlled by Democrats.
Polis called a special session in 2020 to respond to the economic consequences of the COVID-19 pandemic.
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