NOTE:  This bill has been prepared for the signature of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
      history, or the Session Laws.
      
      
      HOUSE BILL 10-1123
      
      
      BY REPRESENTATIVE(S) Sonnenberg, Baumgardner, Curry,
      Gardner B., Gerou, Kagan, Kerr J., Massey, Pace, Roberts, Stephens, Vaad,
      Vigil, Waller;
      also SENATOR(S) Renfroe, Brophy, Kester, Lundberg, Schultheis,
      Schwartz, Whitehead.
      
      
      Concerning controlled agricultural burns in arson cases.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  18-4-105, Colorado Revised Statutes, is amended BY
      THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS to read:
      
           18-4-105.  Fourth degree arson.  (5)  It shall not be an arson
      offense pursuant to this section if:
      
           (a)  A person starts and maintains a fire as a controlled
      agricultural burn in a reasonably cautious manner; and
      
           (b)  No person suffers any of the following as a result of the
      fire:
      
           (I)  Bodily injury;
      
           (II)  Serious bodily injury; or
      
           (III)  Death.
      
           (6)  For purposes of this section, "controlled agricultural
      burn" means a technique used in farming to clear the land of any
      existing crop residue, kill weeds and weed seeds, or reduce fuel
      buildup and decrease the likelihood of a future fire.
      
           SECTION 2.  Act subject to petition - effective date -
      applicability.  (1)   This act shall take effect at 12:01 a.m. on the day
      following the expiration of the ninety-day period after final adjournment of
      the general assembly (August 11, 2010, if adjournment sine die is on May
      12, 2010); except that, if a referendum petition is filed pursuant to section
      1 (3) of article V of the state constitution against this act or an item, section,
      or part of this act within such period, then the act, item, section, or part shall
      not take effect unless approved by the people at the general election to be
      held in November 2010 and shall take effect on the date of the official
      declaration of the vote thereon by the governor.
      
           (2)  The provisions of this act shall apply to offenses committed on
      or after the applicable effective date of this act.
      
      
      
      
      ________________________________________________________
      Terrance D. Carroll                Brandon C. Shaffer
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                          Karen Goldman
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    Bill Ritter, Jr.
                                    GOVERNOR OF THE STATE OF COLORADO