Second Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 14-0003.02 Michael Dohr x4347 HOUSE BILL 14-1264 HOUSE SPONSORSHIP Szabo, Nordberg, Wright, Buck, Conti, Coram, DelGrosso, Dore, Gardner, Holbert, Humphrey, Joshi, Landgraf, Lawrence, McNulty, Murray, Navarro, Priola, Rankin, Saine, Scott, Sonnenberg, Stephens, Swalm, Wilson SENATE SPONSORSHIP Herpin, House Committees Senate Committees State, Veterans, & Military Affairs Appropriations A BILL FOR AN ACT Concerning mandatory sentencing provisions for committing lewd molestation against a child who is less than twelve years of age. 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 creates the crime of lewd molestation if a person 18 years of age or older touches the private areas of a child less than 12 years old in a lewd or lascivious manner for the purpose of sexual gratification. Lewd molestation is an unclassified felony that carries a mandatory 25 years to life indeterminate sentence. If the parole board releases an offender convicted of lewd molestation, the parole board has to keep the offender on parole for the remainder of the offender's life. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add 18-3-405.7 as follows: 18-3-405.7. Lewd or lascivious molestation. (1) A person who is eighteen years of age or older who intentionally touches in a lewd or lascivious manner for the purpose of sexual gratification the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than twelve years of age, or forces or entices a person less than twelve years of age to so touch the perpetrator, commits lewd molestation. (2) Lewd molestation is an unclassified felony. The district court shall sentence a person convicted of lewd molestation to the custody of the department for incarceration for an indeterminate term of at least twenty-five years and a maximum of the sex offender's natural life. SECTION 2. In Colorado Revised Statutes, 18-1.3-1004, amend (2) (a) as follows: 18-1.3-1004. Indeterminate sentence. (2) (a) The district court having jurisdiction, based on consideration of the evaluation conducted pursuant to section 16-11.7-104, C.R.S., and the factors specified in section 18-1.3-203, may sentence a sex offender to probation for an indeterminate period of at least ten years for a class 4 felony or twenty years for a class 2 or 3 felony and a maximum of the sex offender's natural life; except that, if the sex offender committed a sex offense that constitutes a crime of violence, as defined in section 18-1.3-406, or committed a sex offense that makes him or her eligible for sentencing as a habitual sex offender against children pursuant to section 18-3-412, or committed lewd molestation, as described in section 18-3-405.7, the court shall sentence the sex offender to the department of corrections as provided in subsection (1) of this section. For any sex offender sentenced to probation pursuant to this subsection (2), the court shall order that the sex offender, as a condition of probation, participate in an intensive supervision probation program established pursuant to section 18-1.3-1007, until further order of the court. SECTION 3. In Colorado Revised Statutes, 18-1.3-1003, amend (5) (a) (XI) and (5) (a) (XII); and add (5) (a) (XIII) as follows: 18-1.3-1003. Definitions. As used in this part 10, unless the context otherwise requires: (5) (a) "Sex offense" means any of the following offenses: (XI) Class 4 felony internet luring of a child, in violation of section 18-3-306 (3); or (XII) Internet sexual exploitation of a child, in violation of section 18-3-405.4; or (XIII) Lewd molestation, in violation of section 18-3-405.7. SECTION 4. In Colorado Revised Statutes, 18-1.3-1006, add (5) as follows: 18-1.3-1006. Release from incarceration - parole - conditions. (5) Notwithstanding the provisions of paragraph (b) of subsection (1) of this section and subsection (3) of this section, if a sex offender who is convicted of lewd molestation, as described in section 18-3-405.7, is released on parole, the parole board shall not discharge the sex offender from parole, and the sex offender's sentence to incarceration shall not be discharged, for the remainder of the sex offender's natural life. SECTION 5. 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 6. Effective date - applicability. This act takes effect July 1, 2014, and applies to offenses committed on or after said date. SECTION 7. 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.