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.
      
      
      SENATE BILL 11-096
      
      
      BY SENATOR(S) Steadman, Bacon, Carroll, Giron, Guzman, Hodge,
      Hudak, Jahn, King K., King S., Mitchell, Morse, Newell, Nicholson,
      Roberts, Boyd, Tochtrop;
      also REPRESENTATIVE(S) McCann, DelGrosso, Ferrandino, Levy,
      Nikkel, Fields, Fischer, Hullinghorst, Labuda, Schafer S., Todd, Vigil,
      Wilson.
      
      
      Concerning excluding a class 6 felony drug possession conviction
           as a qualifying offense for the habitual criminal statute.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  18-1.3-801 (2), Colorado Revised Statutes, is
      amended to read:
      
           18-1.3-801.  Punishment for habitual criminals.  (2) (a)  Except
      as otherwise provided for in paragraph (b) of this subsection (2),
      every person convicted in this state of any felony, who has been three times
      previously convicted, upon charges separately brought and tried, and arising
      out of separate and distinct criminal episodes, either in this state or
      elsewhere, of a felony or, under the laws of any other state, the United
      States, or any territory subject to the jurisdiction of the United States, of a
      crime which, if committed within this state, would be a felony, shall be
      adjudged an habitual criminal and shall be punished for the felony offense
      of which such person is convicted by imprisonment in the department of
      corrections for a term of four times the maximum of the presumptive range
      pursuant to section 18-1.3-401 for the class of felony of which such person
      is convicted.  Such former conviction or convictions and judgment or
      judgments shall be set forth in apt words in the indictment or information. 
      Nothing in this part 1 part 8 shall abrogate or affect the punishment by
      death in any and all crimes punishable by death on or after July 1, 1972.
      
           (b)  The provisions of paragraph (a) of this subsection (2)
      shall not apply to a conviction for a class 6 felony pursuant to
      section 18-18-403.5 (2) (a) (I) or (2) (b) (I), or a conviction for a class
      6 felony for attempt or conspiracy to commit unlawful possession
      of a controlled substance, as described in section 18-18-403.5 (2)
      (a) (I) or (2) (b) (I), even if the person has been previously convicted
      of three or more qualifying felony convictions.
      
           SECTION 2.  Applicability.  This act shall apply to offenses
      committed on or after the effective date of this act.
      
           SECTION 3.  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.
      
      
      
      
      ____________________________  ____________________________
      Brandon C. Shaffer                      Frank McNulty
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Cindi L. Markwell                      Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO