First Regular Session
              Sixty-ninth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 13-0321.02 Michael Dohr x4347   HOUSE BILL 13-1085
                    HOUSE SPONSORSHIP
 Buck, 
 
                   SENATE SPONSORSHIP
 Renfroe, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Judiciary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning changes to the crimes eligible for possession of
            weapons by previous offenders.
       
       
                           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.)
       
            Under current law the crime of possession of weapons by previous
       offenders applies to all felony convictions. The bill limits the felony
       application to felonies under the victim's rights act, burglary, arson, or
       any felony involving the use of force or the use of a deadly weapon.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 18-12-108, amend
       (1), (3), and (6) (c) (I) as follows:
            18-12-108.  Possession of weapons by previous offenders. (1)  A
       person commits the crime of possession of a weapon by a previous
       offender if the person knowingly possesses, uses, or carries upon his or
       her person a firearm as described in section 18-1-901 (3) (h) or any other
       weapon that is subject to the provisions of this article subsequent to the
       person's conviction for a felony offense defined in section 24-4.1-302
       (1), C.R.S., or for burglary, arson, or any felony involving the
       use of force or the use of a deadly weapon, or subsequent to the
       person's conviction for attempt or conspiracy to commit such a felony,
       under Colorado or any other state's law or under federal law.
            (3)  A person commits the crime of possession of a weapon by a
       previous offender if the person knowingly possesses, uses, or carries upon
       his or her person a firearm as described in section 18-1-901 (3) (h) or any
       other weapon that is subject to the provisions of this article subsequent to
       the person's adjudication for an act which, if committed by an adult,
       would constitute a felony offense defined in section 24-4.1-302 (1),
       C.R.S., or for burglary, arson, or any felony involving the use
       of force or the use of a deadly weapon, or subsequent to the person's
       adjudication for attempt or conspiracy to commit such a felony, under
       Colorado or any other state's law or under federal law.
            (6) (c)  The written statement shall provide that:
            (I) (A)  A person commits the crime of possession of a weapon by
       a previous offender in violation of this section if the person knowingly
       possesses, uses, or carries upon his or her person a firearm as described
       in section 18-1-901 (3) (h), or any other weapon that is subject to the
       provisions of this title subsequent to the person's conviction for a felony
       offense defined in section 24-4.1-302 (1), C.R.S., or for burglary,
       arson, or any felony involving the use of force or the use of a
       deadly weapon, or subsequent to the person's conviction for attempt or
       conspiracy to commit a felony, or subsequent to the person's conviction
       for a misdemeanor crime of domestic violence as defined in 18 U.S.C.
       sec. 921 (a) (33) (A), or subsequent to the person's conviction for attempt
       or conspiracy to commit such misdemeanor crime of domestic violence;
       and
            (B)  For the purposes of this paragraph (c), "felony" means any
       felony under Colorado law, federal law, or the laws of any other state; and
            SECTION 2.  Effective date - applicability. This act takes effect
       July 1, 2013, and applies to offenses committed on or after said date.
            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.