Complexities of criminal justice reform unveil legislative divide | OPINION
Ty Winter
The rocky path to Gov. Jared Polis’s desk of a bill I was honored to co-sponsor, “SB24-035: Strengthening Enforcement of Human Trafficking,” not only exhibits the divide between the House and the Senate but also highlights the factions within the Democrat caucus.
As originally written, SB24-035 makes a “crime of violence” sentence multiplier available for human trafficking charges. The multiplier extends sentencing time and makes defendants ineligible for parole. The sentence multiplier is a tool prosecutors can use to establish a sense of security for victims by keeping perpetrators in prison for their entire extended sentence.
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Referring to the unamended bill, state Sen. Dylan Roberts said the Senate “has continuously sent good criminal justice bills to the House, only to see them significantly weakened by the House Judiciary Committee.” I agree with this assessment. The modification to SB24-035 ensures the crime of violence sentence multiplier is only applied if the defendant uses or threatens the use of a deadly weapon, invokes serious bodily injury, or kills the victim. The amendment also creates an affirmative defense for defendants who were previously victimized, potentially reducing their sentence. Without this “pro-victim” amendment, the bill would not have passed the House Judiciary Committee.
For a member of the House Super Minority, legislative change happens incrementally. This means I must work with the majority during the amendment process if I wish to pass legislation that benefits my constituency. Despite weakening the bill, the amendment does not render the bill toothless. Human traffickers who commit crimes of violence will be subject to punishment befitting their actions. If Majority Leader Monica Duran and I rejected the amendment, the bill would have died in the House Judiciary, and certain human traffickers would face lighter sentences and still be eligible for parole.
Sen. Roberts also stated, “Most regular people in Colorado would be shocked to know about some of the votes and amendments that are happening in the House Judiciary Committee… I don’t think that those decisions are reflective of where the large majorities of Coloradans are, on both sides of the aisle.” This is accurate. Of the eight Democrats who sit on the House Judiciary Committee, six members — a majority on the 11-member committee — represent House Districts in the Denver metro area. Denver residents and the individuals they elect or appoint hold radical progressive beliefs not shared by most Coloradans beyond their districts. Yet, these six legislators have the potential to influence a significant number of bills in the House Judiciary Committee this session. For perspective: six Denver Democrats have the power to kill a bill before it reaches the House floor. As the saying goes, with great power comes great responsibility. Members of the Judiciary Committee must remember Colorado is more than the Front Range, and their responsibility extends past the metroplex.
It is not just Republicans these members struggle to work with; they also have trouble working within their own party. Typically, despite the separation of the House and Senate during the bill process, the two chambers do not operate independently from one another. Just as caucuses whip votes within their chamber, votes can be whipped throughout the building — especially along party lines. On most matters, if a senator wishes to influence the vote of a House committee, they could strategically approach members and sell their position. This approach is ineffective in this instance due to the number of progressive actors in the House Judiciary.
It was an honor to co-sponsor this bill alongside Majority Leader Duran. All bill sponsors put tremendous effort into the drafting of SB24-035. At the same time, it is necessary to acknowledge Sen. Roberts’s concerns on this matter given their validity. Coloradans should be apprehensive about the Denver Democrat faction’s influence through their position on the House Judiciary Committee. Increasing the punishment of human traffickers is not a subject on which I ever thought I would be asked to compromise. Despite the addition of the amendment, this law advances the statute toward enhanced punishment for heinous crimes. I believe a balanced, reasonable Judiciary Committee would have seen the merit in the original rendition of this legislation. I vow to continue the fight for justice on behalf of victims and increased punishment for criminals.
Ty Winter serves as the assistant minority leader for the Colorado House of Representatives. He is a Republican representing House District 47. His district includes Las Animas, Baca, Prowers, Bent, Otero, Crowley and Kiowa counties, along with parts of Pueblo and Huerfano counties. He is a fourth-generation rancher in Las Animas County where he lives with his wife and two daughters.

