NOTE: The governor signed this measure on 4/7/2014.
      
      
      SENATE BILL 14-098
      
      
      BY SENATOR(S) Zenzinger, Aguilar, Guzman, Heath, Herpin, Hodge,
      Jahn, Johnston, Jones, Kefalas, Kerr, Lundberg, Newell, Nicholson, Rivera,
      Tochtrop, Todd, Carroll;
      also REPRESENTATIVE(S) Foote and Schafer, Becker, Exum, Fields,
      Hullinghorst, Kraft-Tharp, Labuda, Lebsock, Melton, Moreno, Peniston,
      Pettersen, Primavera, Rosenthal, Ryden, Salazar, Young.
      
      
      Concerning clarifications to statutory language on crimes
           against at-risk elders.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 18-6.5-102, amend (1),
      (10) (a), and (13) as follows:
      
           18-6.5-102.  Definitions. As used in this article, unless the context
      otherwise requires:
      
           (1)  "Abuse" means any of the following acts or omissions
      committed against an at-risk elder:
      
           (a)  The nonaccidental infliction of bodily injury, serious bodily
      injury, or death;
      
           (b)  Confinement or restraint that is unreasonable under generally
      accepted caretaking standards;
      
           (c)  Subjection to sexual conduct or contact classified as a crime
      under this title; and
      
           (d)  Caretaker neglect; and
      
           (e)  Exploitation.
      
           (10)  "Exploitation" means an act or omission committed by a person
      who:
      
           (a)  Uses deception, harassment, intimidation, or undue influence to
      permanently or temporarily deprive an at-risk elder of the use, benefit, or
      possession of his or her money, assets, or property any thing of value;
      
           (13)  "Undue influence" means the use of influence by someone who
      exercises authority over an at-risk elder in order to take unfair advantage of
      the an at-risk elder's vulnerable state of mind, neediness, pain, or agony
      emotional distress.
      
           SECTION 2.  In Colorado Revised Statutes, 18-6.5-103, repeal and
      reenact, with amendments, (7.5) as follows:
      
           18-6.5-103.  Crimes against at-risk adults and at-risk juveniles
      - classifications. (7.5) (a)  A person commits criminal exploitation of
      an at-risk elder when he or she knowingly uses deception,
      harassment, intimidation, or undue influence to permanently or
      temporarily deprive an at-risk elder of the use, benefit, or
      possession of any thing of value.
      
           (b)  Criminal exploitation of an at-risk elder is a class 3
      felony if the thing of value is five hundred dollars or greater.
      Criminal exploitation of an at-risk elder is a class 5 felony if the
      thing of value is less than five hundred dollars.
      
           SECTION 3.  In Colorado Revised Statutes, 26-3.1-102, amend (3)
      as follows:
      
           26-3.1-102.  Reporting requirements. (3)  A copy of the report
      prepared by the county department in accordance with subsections (1) and
      (2) of this section shall be forwarded within twenty-four hours to the district
      attorney's office and a local law enforcement agency. A report prepared by
      a local law enforcement agency shall be forwarded within twenty-four hours
      to the county department. and to the district attorney's office.
      
           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.
      
      
      
      
      ____________________________  ____________________________
      Morgan Carroll                        Mark Ferrandino
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Cindi L. Markwell                      Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO