NOTE: The governor signed this measure on 5/17/2012.
      
      
      HOUSE BILL 12-1213
      
      
      BY REPRESENTATIVE(S) Fields, Barker, Court, Fischer, Gardner B.,
      Kagan, Labuda, Lee, Levy, Pabon, Ryden, Schafer S., Todd;
      also SENATOR(S) King S., Aguilar, Boyd, Carroll, Foster, Giron, Hudak,
      Jahn, Johnston, King K., Lambert, Morse, Newell, Nicholson, Roberts,
      Spence, Tochtrop.
      
      
      Concerning the penalty for a person who escapes from a place of
           confinement other than a county jail or correctional
           facility.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 18-1.3-801, amend
      (1.5) and (2) (a); and add (5) as follows:
      
           18-1.3-801.  Punishment for habitual criminals. (1.5)  Except as
      otherwise provided in subsection (5) of this section, every person
      convicted in this state of any class 1, 2, 3, 4, or 5 felony who, within ten
      years of the date of the commission of the said offense, has been twice
      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 three 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.
      
           (2) (a)  Except as otherwise provided for in paragraph (b) of this
      subsection (2) and in subsection (5) of this section, 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
      8 shall abrogate or affect the punishment by death in any and all crimes
      punishable by death on or after July 1, 1972.
      
           (5)  A conviction for escape, as described in section 18-8-208
      (1), (2), or (3), or attempt to escape, as described in section
      18-8-208.1 (1), (1.5), or (2), shall not be used for the purpose of
      adjudicating a person an habitual criminal as described in
      subsection (1.5) or subsection (2) of this section unless the
      conviction is based on the offender's escape or attempt to escape
      from a correctional facility, as defined in section 17-1-102, C.R.S.,
      or from physical custody within a county jail.
      
           SECTION 2.  Applicability. The provisions of this act 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.
      
      
      
      
      ________________________________________________________
      Frank McNulty                      Brandon C. Shaffer
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO