HOUSE 3rd Reading Unamended May 4, 2010 HOUSE Amended 2nd Reading April 30, 2010Second Regular Session Sixty-seventh General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 10-0948.01 Troy Bratton HOUSE BILL 10-1366 HOUSE SPONSORSHIP Apuan, Casso, Court, Hullinghorst, Labuda, McCann, Middleton, Miklosi, Murray, Scanlan, Todd SENATE SPONSORSHIP Newell, House Committees Senate Committees State, Veterans, & Military Affairs Finance Appropriations A BILL FOR AN ACT Concerning the prohibition of a person who is serving a sentence under community supervision as a result of conviction for certain offenses from acting as a petition circulator unless the person receives written permission from the appropriate supervisory entity prior to circulating any petition. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill makes it unlawful for any person who is on parole or probation for offenses involving unlawful sexual behavior or felony fraud to act as a petition circulator. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 17-2-201 (5), Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW PARAGRAPHS to read: 17-2-201. State board of parole. (5) (l) As a condition of parole, the board shall order any offender convicted of or who pled guilty or nolo contendere to an offense involving unlawful sexual behavior as defined in section 16-22-102 (9), C.R.S., to refrain from acting as a petition circulator pursuant to section 1-4-905, part 1 of article 12 of title 1, section 1-40-112, part 2 of article 2 of title 31, part 5 of article 4 of title 31, part 3 of article 10 of title 31, article 11 of title 31, part 1 of article 12 of title 31, and part 4 of article 4 of title 32, C.R.S.; except that the offender may circulate petitions upon receiving written permission from the board. (m) As a condition of parole, the board shall order any offender convicted of or who pled guilty or nolo contendere to an offense involving felony fraud pursuant to article 5 of title 18, C.R.S., to refrain from acting as a petition circulator pursuant to section 1-4-905, part 1 of article 12 of title 1, section 1-40-112, part 2 of article 2 of title 31, part 5 of article 4 of title 31, part 3 of article 10 of title 31, article 11 of title 31, part 1 of article 12 of title 31, and part 4 of article 4 of title 32, C.R.S.; except that the offender may circulate petitions upon receiving written permission from the board. SECTION 2. 18-1.3-204, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 18-1.3-204. Conditions of probation. (1.7) If the defendant is being sentenced to probation as a result of a conviction for an offense involving unlawful sexual behavior as defined in section 16-22-102 (9), C.R.S., or as a result of a conviction for an offense involving felony fraud pursuant to article 5 of title 18, C.R.S., a condition of probation shall be that the defendant refrain from acting as a petition circulator pursuant to section 1-4-905, part 1 of article 12 of title 1, section 1-40-112, part 2 of article 2 of title 31, part 5 of article 4 of title 31, part 3 of article 10 of title 31, article 11 of title 31, part 1 of article 12 of title 31, and part 4 of article 4 of title 32, C.R.S.; except that the defendant may circulate petitions upon receiving written permission from the court or from the appropriate probation officer. SECTION 3. Exception to the requirements of section 2-2-703, Colorado Revised Statutes. The general assembly hereby finds that the amendments to sections 17-2-201 and 18-1.3-204, Colorado Revised Statutes, enacted in sections 1 and 2 of this act, will result in the minor fiscal impact of one additional offender being convicted and sentenced to the department of corrections every two years during the five years following passage of this act. Because of the relative insignificance of this degree of fiscal impact, these amendments are an exception to the five-year appropriation requirements specified in section 2-2-703, Colorado Revised Statutes. SECTION 4. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.