NOTE: The governor signed this measure on 3/22/2013.
      
      
      HOUSE BILL 13-1166
      
      
      BY REPRESENTATIVE(S) Kagan, Court, Fischer, McLachlan, Rosenthal;
      also SENATOR(S) Steadman, Guzman, Tochtrop, Ulibarri.
      
      
      Concerning the repeal of certain crimes that include marital
           status as an element of the crime.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, repeal 18-6-501 as
      follows:
      
           18-6-501.  Adultery. Any sexual intercourse by a married person
      other than with that person's spouse is adultery, which is prohibited.
      
           SECTION 2.  In Colorado Revised Statutes, repeal 18-7-208 as
      follows:
      
           18-7-208.  Promoting sexual immorality. (1)  Any person who, for
      pecuniary gain, furnishes or makes available to another person any facility,
      knowing that the same is to be used for or in aid of sexual intercourse
      between persons who are not husband and wife, or for or in aid of deviate
      sexual intercourse, or who advertises in any manner that he furnishes or is
      willing to furnish or make available any such facility for such purposes,
      commits promoting sexual immorality.
      
           (2)  "Facility", as used in this section, means any place or thing
      which provides seclusion, privacy, opportunity, protection, comfort, or
      assistance to or for a person or persons engaging or intending to engage in
      sexual intercourse or deviate sexual intercourse.
      
           (3)  Promoting sexual immorality is a class 2 misdemeanor.
      
           SECTION 3.  In Colorado Revised Statutes, 13-10-126, amend (2)
      (a) (II) (A) as follows:
      
           13-10-126.  Prostitution offender program authorized - reports.
      (2)  A program created and administered by a municipal or county court or
      multiple municipal or county courts pursuant to subsection (1) of this
      section shall:
      
           (a)  Permit enrollment in the program only by an offender who
      either:
      
           (II) (A)  Has at least one prior conviction for any offense described
      in section 18-7-201, 18-7-202, 18-7-204, 18-7-205, or 18-7-207, or
      18-7-208, C.R.S.; or for any offense committed in another state that would
      constitute such an offense if committed in this state; and
      
           SECTION 4.  In Colorado Revised Statutes, 24-31-305, amend
      (1.5) (g) as follows:
      
           24-31-305.  Certification - issuance - renewal - revocation.
      (1.5)  The P.O.S.T. board shall deny certification to any person who has
      been convicted of:
      
           (g)  Any misdemeanor in violation of section 18-6-403 (3) (b.5), as
      it existed prior to July 1, 2006; and section 18-7-208, C.R.S.; or
      
           SECTION 5.  Act subject to petition - effective date. This act
      takes 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
      7, 2013, if adjournment sine die is on May 8, 2013); 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 will not take effect unless
      approved by the people at the general election to be held in November 2014
      and, in such case, will take effect on the date of the official declaration of
      the vote thereon by the governor.
      
      
      
      
      ________________________________________________________
      Mark Ferrandino                         John P. Morse
      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