NOTE: The governor signed this measure on 4/13/2012.
      
      
      SENATE BILL 12-102
      
      
      BY SENATOR(S) Brophy, Aguilar, Cadman, Carroll, Giron, Grantham,
      Guzman, Jahn, King K., King S., Mitchell, Neville, Roberts, Scheffel,
      Spence, Steadman, White, Williams S., Shaffer B.;
      also REPRESENTATIVE(S) Nikkel, Levy.
      
      
      Concerning the repeal of the crime of criminal libel.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, repeal 18-13-105 as
      follows:
      
           18-13-105.  Criminal libel. (1)  A person who shall knowingly
      publish or disseminate, either by written instrument, sign, pictures, or the
      like, any statement or object tending to blacken the memory of one who is
      dead, or to impeach the honesty, integrity, virtue, or reputation or expose
      the natural defects of one who is alive, and thereby to expose him to public
      hatred, contempt, or ridicule, commits criminal libel.
      
           (2)  It shall be an affirmative defense that the publication was true,
      except libels tending to blacken the memory of the dead and libels tending
      to expose the natural defects of the living.
      
           (3)  Criminal libel is a class 6 felony.
      
           SECTION 2.  Act subject to petition - effective date. This act
      takes effect September 1, 2012; 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 the ninety-day period after final
      adjournment of the general assembly, then the act, item, section, or part will
      not take effect unless approved by the people at the general election to be
      held in November 2012 and, in such case, will take effect on the date of the
      official declaration of the vote thereon by the governor.
      
      
      
      
      ____________________________  ____________________________
      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