Second Regular Session
              Sixty-ninth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 14-0217.01 Brita Darling x2241  HOUSE BILL 14-1158
                    HOUSE SPONSORSHIP
 Lawrence, 
 
                   SENATE SPONSORSHIP
 King, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Judiciary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the sentence for persons convicted of certain
            vehicular offenses.
       
       
                           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 the court to sentence a person convicted of
       vehicular homicide or vehicular assault who was under the influence of
       drugs or alcohol at the time of the accident to at least the minimum term
       of imprisonment in the department of corrections for the offense, except
       when a longer sentence is required by law. Additionally, the defendant is
       not eligible for probation or a suspended sentence.
            The bill takes effect July 1, 2014, and applies to offenses
       committed on or after the effective date.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 18-3-106, amend (1)
       (c) as follows:
            18-3-106.  Vehicular homicide. (1) (c) (I)  Vehicular homicide,
       in violation of paragraph (a) of this subsection (1), is a class 4 felony.
       Vehicular homicide, in violation of paragraph (b) of this subsection (1),
       is a class 3 felony. Except as otherwise provided in subparagraph
       (II) of this paragraph (c), the court shall sentence a defendant
       convicted of vehicular homicide pursuant to this section in
       accordance with the provisions of section 18-1.3-401.
            (II)  Except as otherwise provided in section 18-1.3-401 (8)
       and (13), the court shall sentence a defendant convicted of
       vehicular homicide under paragraph (b) of this subsection (1) to
       imprisonment in the department of corrections for at least the
       minimum in the presumptive range of the penalty for this offense.
       A defendant convicted pursuant to paragraph (b) of this
       subsection (1) is not eligible for probation or a suspended
       sentence.
            SECTION 2.  In Colorado Revised Statutes, 18-3-205, amend (1)
       (c) as follows:
            18-3-205.  Vehicular assault. (1) (c) (I)  Vehicular assault, in
       violation of paragraph (a) of this subsection (1), is a class 5 felony.
       Vehicular assault, in violation of paragraph (b) of this subsection (1), is
       a class 4 felony. Except as otherwise provided in subparagraph  (II)
       of this paragraph (c), the court shall sentence a defendant
       convicted of vehicular assault pursuant to this section in
       accordance with the provisions of section 18-1.3-401.
            (II)  Except as otherwise provided in section 18-1.3-401(13),
       the court shall sentence a defendant convicted of vehicular
       assault under paragraph (b) of this subsection (1) to
       imprisonment in the department of corrections for at least the
       minimum in the presumptive range of the penalty for this offense.
       A defendant convicted pursuant to paragraph (b) of this
       subsection (1) is not eligible for probation or a suspended
       sentence.
            SECTION 3.  Potential appropriation. Pursuant to section
       2-2-703, Colorado Revised Statutes, any bill that results in a net increase
       in periods of imprisonment in the state correctional facilities must include
       an appropriation of moneys that is sufficient to cover any increased
       capital construction and operational costs for the first five fiscal years in
       which there is a fiscal impact. Because this act may increase periods of
       imprisonment, this act may require a five-year appropriation.
            SECTION 4.  Effective date - applicability. This act takes effect
       July 1, 2014, and applies to offenses committed on or after said date.
            SECTION 5.  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.