SENATE 3rd Reading Unamended March 28, 2014 SENATE Amended 2nd Reading March 27, 2014 HOUSE 3rd Reading Unamended March 12, 2014 HOUSE Amended 2nd Reading March 10, 2014Second Regular Session Sixty-ninth General Assembly STATE OF COLORADO REREVISED This Version Includes All Amendments Adopted in the Second House LLS NO. 14-0614.02 Debbie Haskins x2045 HOUSE BILL 14-1149 HOUSE SPONSORSHIP Conti, SENATE SPONSORSHIP Marble, House Committees Senate Committees Public Health Care & Human Services Judiciary Appropriations A BILL FOR AN ACT Concerning making acts related to the advertisement of children for the purposes of transferring their care to others trafficking in children. 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 amends the crime of trafficking in children to include a person who advertises a child through any public medium that originates within this state when the person advertises to: Find a child to adopt or to otherwise take a child into his or her permanent physical custody; Find an adoptive home or any other permanent physical placement for a child or to arrange for or assist in the adoption, adoptive placement, or any other permanent physical placement of a child; or Offer to place a child for adoption or in any other permanent physical placement with another person; or when the person receives a child as a result of such an advertisement. Trafficking in children through such advertisements is punishable as a class 6 felony, and receiving a child as a result of such advertisements is punishable as a class 2 felony. The bill defines advertising through a public medium to include advertising by newspaper, telephone book listing, outdoor advertising sign, radio, television, or by any computerized communication system, including by electronic mail, internet site, internet profile, or any similar medium of communication provided via the internet. This prohibition does not apply to: An employee of the state department of human services, a county department of social services, or a child placement agency that is licensed to place children for adoption or in foster care who is acting within the scope of his or her employment in placing a child for adoption or in foster care; An individual or agency who provides adoption information through the statewide adoption resource registry; An adoption exchange whose membership includes county departments and licensed child placement agencies; An individual who contacts the state department of human services, a county department of social services, or a child placement agency about placing his or her child for adoption; An individual who has received a favorable recommendation regarding his or her fitness to be an adoptive parent from the state department of human services, a county department of social services, or a child placement agency licensed in this state or in another jurisdiction; An attorney who is licensed to practice in this state who advertises his or her availability to practice or provide services relating to the adoption of children; or An individual who has obtained approval through one of these exempted agencies or entities or from a court of record. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, amend 18-3-502 as follows: 18-3-502. Trafficking in children. (1) A person commits trafficking in children if he or she: (a) Sells, exchanges, barters, or leases a child and receives any money or other consideration or thing of value for the child as a result of such transaction; or (b) Receives a child as a result of a transaction described in paragraph (a) of this subsection (1); or (c) Advertises a child through a public medium for one of the following purposes: (I) To find a child to adopt or to otherwise take a child into his or her permanent physical custody; or (II) To find an adoptive home or any other permanent physical placement for a child or to arrange for or assist in the adoption, adoptive placement, or any other permanent physical placement of a child; or (III) To offer to place a child for adoption or in any other permanent physical placement with another person; or (d) Receives a child as a result of an advertisement described in paragraph (c) of this subsection (1). (1.5) Paragraphs (c) and (d) of subsection (1) of this section do not apply to any of the following: (a) An employee of the state department of human services, a county department of social services, or a child placement agency that is licensed pursuant to part 1 of article 6 of title 26, C.R.S., who is acting within the scope of his or her employment to place a child for adoption or in foster care; (b) An individual or agency that provides adoption information through the statewide adoption resource registry as provided in section 26-1-111 (4), C.R.S.; (c) An adoption exchange whose membership includes county departments and licensed child placement agencies that provides information and referral services to find adoptive homes and to promote adoption; (d) An individual who contacts and has entered into an agreement with or is actively working with any of the agencies or entities described in paragraph (a), (b), or (c) of this subsection (1.5) seeking to place his or her child for adoption; (e) An individual who has received a favorable recommendation regarding his or her fitness to be an adoptive parent in this state from the state department of human services, a county department of social services, or a child placement agency licensed in this state or in another jurisdiction from an entity authorized by that jurisdiction to conduct studies of potential adoptive homes; (f) An attorney who is licensed to practice in this state who advertises his or her availability to practice or provide services relating to the adoption of children; (g) An individual who has obtained approval through one of the agencies or entities listed in paragraphs (a) through (e) of this subsection (1.5) or from a court of record either prior to receiving a child or within one hundred eighty-two days after receiving a child; or (h) An individual who receives a child and who is a relative of the child. (2) As used in this section, unless the context otherwise requires: (a) "Advertises through a public medium" means to communicate by any public medium, including by newspaper, periodical, telephone book listing, outdoor advertising sign, radio, or television, or by computerized communication system, which includes internet site, internet profile, or any similar medium of communication provided via the internet. Advertising through a public medium shall not include personal or work electronic mail, text, or telephone. (b) "Another jurisdiction" means a state of the United States other than Colorado, the District of Columbia, the Commonwealth of Puerto Rico, any territory or insular possession subject to the jurisdiction of the United States, or an Indian tribe. (c) "Child" means a person under eighteen years of age. (d) "Relative" means a grandparent, brother, sister, half-sibling, aunt, uncle, or first cousin of the child. (3) Trafficking in children in violation of paragraph (a), (b), or (d) of subsection (1) of this section is a class 2 felony. Trafficking in children in violation of paragraph (c) of subsection (1) of this section is a class 6 felony. SECTION 2. 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 3. Effective date - applicability. This act takes effect July 1, 2014, and applies to acts or offenses committed on or after said date. SECTION 4. 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.