Legislators in Colorado are debating a couple of pieces of legislation which ought to be jettisoned. Why? Because they either address an eventuality which has a limited history of occurring, or will have unintended consequences.
In an unnecessary attempt to show support for the energy extraction industry in the state, an industry which can be in conflict with surface owners and close-by municipalities and does trigger raw feelings, one bill would elevate from a misdemeanor to a felony the charge for doing damage to energy production facilities. The scenario suggested is that anti-drilling demonstrators, at a well site, would be less inclined to tamper with well head equipment if they knew that a felony conviction might result.
That is likely true, but according to news reports, there has been only one case of a misdemeanor conviction for such damage in recent years.
A felony packs a lifelong wallop, as well, too much so for many actions during a demonstration. Employment, lodging, bank borrowing and civic participation is either ended or becomes much more difficult with a felony.
The equipment at energy extraction sites can be dangerous, and it is not to be damaged to make a point, but with no significant history of those results we say let a misdemeanor stand as punishment.
No need in this case to make the arm of the law unnecessarily heavier.
So, too, do we see no need for the creation of a good Samaritan provision to shield individuals who break into a vehicle believing that an infant or a dog or cat may be in danger of overheating, perhaps fatally.
To its credit, the bill would require that the intervener first call 911 and make a reasonable attempt to locate the vehicle’s driver before likely breaking a window or window frame, but the answer is continued education not legal protection. In many cases, 911 responders can be on the scene very quickly. In clear cases of distress take all the action necessary, but what is not needed are a flurry of cases of broken glass and escalating shouting matches because of a disagreement over whether a window open a few inches is adequate. Stand by and call 911 and give responders and the driver a chance to appear before becoming physical.
Colorado needs additional funding for its highways, and for its schools. It also will very likely need some thoughtful ideas as to how to reduce the very expensive Medicaid spending whether or not the federal government ends the Affordable Care Act. Those are the issues we would like to see the Legislature spending time on.
