First Regular Session
              Sixty-ninth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 13-0133.01 Michael Dohr x4347   HOUSE BILL 13-1149
                    HOUSE SPONSORSHIP
 Szabo,  Priola, Wright, Buck, Conti, Dore, Holbert, Humphrey, Joshi, Lawrence, McNulty,
 Navarro, Rankin, Stephens
 
                   SENATE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 State, Veterans, & Military Affairs
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning mandatory sentencing provisions for a
            defendant convicted of a sex offense against a child
            who is fourteen years of age or younger.
       
       
                           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.)
       
            The bill requires a court to impose a minimum indeterminate
       sentence of at least 25 years of incarceration on an offender who commits
       a sexual assault against a child who is 14 years of age or younger and 7
       or more years younger than the offender at the time of the offense. If the
       parole board releases an offender who has been sentenced pursuant to this
       bill, the parole board has to keep the offender on parole for the remainder
       of the offender's life.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 18-1.3-1004, amend
       (2) (a); and add (1) (e) as follows:
            18-1.3-1004.  Indeterminate sentence. (1) (e)  The district
       court shall sentence a sex offender to the custody of the
       department for an indeterminate term of at least twenty-five
       years and a maximum of the sex offender's natural life if the sex
       offender committed any of the following acts upon a child who
       was fourteen years of age or younger and seven or more years
       younger than the sex offender at the time of the offense:
            (I)  Sexual assault, as described in section 18-3-402;
            (II)  Sexual assault in the first degree, as described in
       section 18-3-402, as it existed prior to July 1, 2000;
            (III)  Sexual assault in the second degree, as described in
       section 18-3-403, as it existed prior to July 1, 2000;
            (IV)  Sexual assault on a child, as described in section
       18-3-405; or
            (V)  Sexual assault on a child by one in a position of trust,
       as described in section 18-3-405.3.
            (2) (a)  The district court having jurisdiction, based on
       consideration of the evaluation conducted pursuant to section
       16-11.7-104, C.R.S., and the factors specified in section 18-1.3-203, may
       sentence a sex offender to probation for an indeterminate period of at
       least ten years for a class 4 felony or twenty years for a class 2 or 3 felony
       and a maximum of the sex offender's natural life; except that, if the sex
       offender committed a sex offense that constitutes a crime of violence, as
       defined in section 18-1.3-406, or committed a sex offense that makes him
       or her eligible for sentencing as a habitual sex offender against children
       pursuant to section 18-3-412, or a sex offense requiring sentencing
       pursuant to paragraph (e) of subsection (1) of this section, the
       court shall sentence the sex offender to the department of corrections as
       provided in subsection (1) of this section. For any sex offender sentenced
       to probation pursuant to this subsection (2), the court shall order that the
       sex offender, as a condition of probation, participate in an intensive
       supervision probation program established pursuant to section
       18-1.3-1007, until further order of the court.
            SECTION 2.  In Colorado Revised Statutes, 18-1.3-1006, add (5) 
       as follows:
            18-1.3-1006.  Release from incarceration - parole - conditions.
       (5)  Notwithstanding the provisions of subparagraph (I) of
       paragraph (b) of subsection (1) and subsection (3) of this section,
       if a sex offender who is sentenced pursuant to section 18-1.3-1004
       (1) (e) is released on parole, the parole board shall not
       discharge the sex offender from parole, and the sex offender's
       sentence to incarceration shall not be discharged, for the
       remainder of the sex offender's natural life.
            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.