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.