First Regular Session
              Sixty-eighth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 11-0314.01 Michael Dohr         HOUSE BILL 11-1029
                    HOUSE SPONSORSHIP
 Labuda,
 
                   SENATE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Judiciary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning locations at which drug sales implicate the
            special offender statute.
       
       
                           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.)
       
            Under current law, a person is subject to drug special offender
       sentencing if he or she sells drugs on or around public schools or public
       housing developments.  The bill would add libraries and community
       corrections programs to the list of locations at which a conviction for
       drug sales is subject to drug special offender sentencing.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  18-18-407 (2), Colorado Revised Statutes, is
       amended to read:
            18-18-407.  Special offender.  (2) (a)  A defendant shall be a
       special offender if the defendant is convicted of selling, distributing,
       possessing with intent to distribute, manufacturing, or attempting to
       manufacture any controlled substance in violation of section 18-18-405
       either within or upon the grounds of any public or private elementary,
       middle, junior high, or high school, vocational school, or public housing
       development, community corrections program, or public library,
       or within one thousand feet of the perimeter of any such school,  or public
       housing development, community corrections program, or public
       library grounds, or on any street, alley, parkway, sidewalk, public park,
       playground, or other area or premises that is accessible to the public, or
       within any private dwelling that is accessible to the public for the purpose
       of the sale, distribution, use, exchange, manufacture, or attempted
       manufacture of controlled substances in violation of this article, or in any
       school vehicle, as defined in section 42-1-102 (88.5), C.R.S., while such
       school vehicle is engaged in the transportation of persons who are
       students.  The court is required in addition to imposing the sentence to
       imprisonment in the department of corrections required by subsection (1)
       of this section, to fine the defendant without suspension at least twice the
       minimum fine provided for in section 18-1.3-401 (1) (a) (III) if the
       defendant's offense is a felony or in section 18-1.3-501 (1) if the
       defendant's offense is a misdemeanor.
            (b)  The department of education may cooperate with local boards
       of education and the officials of public housing developments, and make
       recommendations regarding the uniform implementation and furnishing
       of notice of the provisions of this subsection (2).  Such recommendations
       may include, but shall not be limited to, the uniform use of signs and
       other methods of notification which may be used to implement this
       subsection (2).  Public library officials and community
       corrections program operators shall, to the extent possible,
       follow the recommendations adopted by local boards of
       education and the officials of public housing developments
       pursuant to this paragraph (b) with respect to uniform
       implementation and furnishing of notice of the provisions of this
       subsection (2).
            (c)  For the purposes of this section: the term,
            (I)  "Community corrections program" shall have the same
       meaning as set forth in section 17-27-102 (3), C.R.S.
            (II)  "Public housing development" means any low-income housing
       project of any state, county, municipal, or other governmental entity or
       public body owned and operated by a public housing authority that has an
       on-site manager.  "Public housing development" shall not include
       single-family dispersed housing or small or large clusters of dispersed
       housing having no on-site manager.
            (III)  "Public library" shall have the same meaning as set
       forth in section 24-90-103 (13), C.R.S.
            SECTION 2.  Act subject to petition - effective date.  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
       10, 2011, if adjournment sine die is on May 11, 2011); 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 2012 and shall take effect on the date of the official
       declaration of the vote thereon by the governor.