NOTE: The governor signed this measure on 5/29/2012.
      
      
      HOUSE BILL 12-1304
      
      
      BY REPRESENTATIVE(S) Barker, Brown, Casso, Court, Holbert, Joshi,
      Kerr A., Kerr J., Liston, Nikkel, Pace, Priola, Stephens, Summers, Vigil,
      Young, McNulty, Baumgardner, Becker, Bradford, Fischer, Looper,
      Murray, Schafer S., Soper, Swalm, Todd;
      also SENATOR(S) Newell, Cadman, Foster, Jahn, Williams S.
      
      
      Concerning measures to prevent organized retail theft.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  Legislative declaration. (1)  The general assembly
      hereby finds and declares that:
      
           (a)  Organized retail theft is a growing criminal enterprise in this
      state with evolving methods that not only cost business significant revenue
      but also endanger Colorado citizens that are present during an act of
      organized retail theft; and
      
           (b)  Over $500 million in goods are stolen from Colorado businesses
      every year, costing the state nearly $15 million annually in lost sales tax
      revenue.
      
           (2)  Therefore, it is necessary for the state to bolster the state criminal
      laws associated with some of the methods used to commit organized retail
      theft.
      
           SECTION 2.  In Colorado Revised Statutes, 18-8-111, amend (1)
      (a) and (2) as follows:
      
           18-8-111.  False reporting to authorities. (1)  A person commits
      false reporting to authorities, if:
      
           (a)  He or she knowingly:
      
           (I)  Causes by any means, including but not limited to
      activation, a false alarm of fire or other emergency or a false
      emergency exit alarm to sound or to be transmitted to or within an
      official or volunteer fire department, ambulance service, law
      enforcement agency, or any other government agency which deals with
      emergencies involving danger to life or property; or
      
           (II)  Prevents by any means, including but not limited to
      deactivation, a legitimate fire alarm, emergency exit alarm, or 
      other emergency alarm from sounding or from being transmitted
      to or within an official or volunteer fire department, ambulance
      service, law enforcement agency, or any other government
      agency that deals with emergencies involving danger to life or
      property; or
      
           (2)  False reporting to authorities is a class 3 misdemeanor; except
      that if it is committed in violation of paragraph (a) of subsection
      (1) of this section and committed during the commission of another
      criminal offense, it is a class 2 misdemeanor.
      
           SECTION 3.  In Colorado Revised Statutes, 18-4-417, amend (2)
      (a) and (2) (c) as follows:
      
           18-4-417.  Unlawful acts - theft detection devices. (2)  As used in
      this section:
      
           (a)  "Theft detection deactivating device" means any tool, instrument,
      mechanism, or other article adapted, designed, engineered, used, or operated
      to inactivate, incapacitate, or remove a theft detection device without
      authorization. "Theft detection deactivating device" includes, but
      is not limited to, jumper wires, wire cutters, and electronic article
      surveillance removal devices.
      
           (c)  "Theft detection shielding device" means any tool, instrument,
      mechanism, or article adapted, designed, engineered, used, or operated to
      avoid detection by a theft detection device during the commission of an
      offense involving theft. "Theft detection shielding device" includes, but is
      not limited to, any laminated or coated sack or container that is capable of
      avoiding detection by a theft detection device foil lined or otherwise
      modified clothing, bags, purses, or containers capable of  and for
      the sole purpose of avoiding detection devices.
      
           SECTION 4.  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