Business in the state Senate on Monday came to a halt more than once as lawmakers debated a bill that seeks to impose stricter penalties on dealers who distribute drugs that result in death.
Senate Bill 109 would mirror what lawmakers did last year, when they made distribution of drugs containing fentanyl or drugs containing a mix of fentanyl and other drugs a Level 1 felony if it weighs more than a certain amount — subject to an escalating range of penalties if it resulted in death.
A hearing on SB 109 in early March expectedly brought up sharp divisions over how to confront Colorado's drug crisis, with some insisting that a tough stance doesn't solve the problem and others maintaining that peddling drugs is so pernicious that it must be met with the same level of severity.
Not unexpectedly, those sharp divisions continued onto the Senate floor Monday.
The Senate's debate on SB 109 has been put off for the past week, an indication that the sponsors are still hoping to round up enough votes to get it out the chamber.
Two-thirds of overdose deaths show a mix of drugs, including fentanyl, meth and cocaine, and the law — as it currently exists — makes it difficult to arrest and prosecute offenders, even if fentanyl was the primary cause of death, said co-sponsor Sen. Byron Pelton, R-Sterling.
Coloradans are dying from drug overdoses, and the dealer whose criminal behavior caused that death must be held accountable, he said.
Sen. Kyle Mullica, D-Thornton, said his constituents are demanding action.
The bill has pitted Democrats against one another.
Sen. Julie Gonzales, D-Denver, criticized the sponsors for what she deemed was a lack of input from stakeholders, including mental and behavioral health providers and advocates.
This bill would impose a sentence of 32 years on those who are just sharing drugs, she said.
"This is a dramatic policy change that would fundamentally address our drug felony sentencing policies," Gonzales said.
She recommended the bill go to the Colorado Commission on Criminal and Juvenile Justice (CCJJ), which she said would be free — "hopefully" — of political influence. An amendment she offered when the bill went through Senate Judiciary Committee, and again in the full Senate on Monday, would charge the commission with figuring out the best sentencing structure.
Gonzales and Sen. Bob Gardner, R-Colorado Springs, are both members of the 30-member body, which is part of the state Department of Public Safety.
Mullica countered the amendment would create a delay at a time when people are dying and asked for a "no" vote. Gonzales said the CCJJ can move quickly when need be, citing auto theft issues addressed in Senate Bill 197. The body has the bandwidth to move in an expeditious manner, she said.
Senate President Steve Fenberg was among those who voting against the legislation, as did Senate Majority Leader Dominick Moreno, D-Commerce City, who supported the Gonzales amendment. After that, the Senate took a "senatorial five," a mechanism for taking a break in the middle of a debate so lawmakers can figure out how to proceed.
That meeting stretched into more than an hour while Fenberg, Moreno, Gardner, and Senate Minority Leader Paul Lundeen went into Fenberg's office to discuss the proposal.
The meeting appeared to violate the state's open meetings law. When a Colorado Politics reporter walked into the room, the lawmakers adjourned the meeting, and action on the bill was postponed.
