NOTE: The governor signed this measure on 5/20/2015.
      
      
      HOUSE BILL 15-1303
      
      
      BY REPRESENTATIVE(S) Melton, Fields, Kraft-Tharp, Ryden, Salazar,
      Tyler;
      also SENATOR(S) Lundberg, Merrifield, Neville T., Steadman.
      
      
      Concerning eliminating the application of certain sentencing
           provisions to certain persons who are convicted of assault
           in the second degree.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 18-3-203, amend (2)
      (c); and add (1) (c.5) as follows:
      
           18-3-203.  Assault in the second degree. (1)  A person commits the
      crime of assault in the second degree if:
      
           (c.5)  With intent to prevent one whom he or she knows, or
      should know, to be a peace officer, firefighter, or emergency
      medical service provider from performing a lawful duty, he or she
      intentionally causes serious bodily injury to any person; or
      
           (2) (c) (I)  If a defendant is convicted of assault in the second degree
      pursuant to paragraph (b), (c), (c.5), (d), or (g) of subsection (1) of this
      section or paragraph (b.5) of this subsection (2), except with respect to
      sexual assault or sexual assault in the first degree as it existed prior to July
      1, 2000, the court shall sentence the defendant in accordance with the
      provisions of section 18-1.3-406. A defendant convicted of assault in the
      second degree pursuant to paragraph (b.5) of this subsection (2) with
      respect to sexual assault or sexual assault in the first degree as it existed
      prior to July 1, 2000, shall be sentenced in accordance with section
      18-1.3-401 (8) (e) or (8) (e.5).
      
           (II)  If a defendant is convicted of assault in the second
      degree pursuant to paragraph (c) of subsection (1) of this section,
      the court shall sentence the offender in accordance with section
      18-1.3-406; except that, notwithstanding the provisions of section
      18-1.3-406, the court is not required to sentence the defendant to
      the department of corrections for a mandatory term of
      incarceration.
      
           SECTION 2.  In Colorado Revised Statutes, 18-1.3-401, amend (1)
      (b) (IV) as follows:
      
           18-1.3-401.  Felonies classified - presumptive penalties.
      (1) (b) (IV)  If a person is convicted of assault in the first degree pursuant
      to section 18-3-202 or assault in the second degree pursuant to section
      18-3-203 (1) (c.5), and the victim is a peace officer, firefighter, or
      emergency medical service provider engaged in the performance of his or
      her duties, as defined in section 18-1.3-501 (1.5) (b), notwithstanding the
      provisions of subparagraph (III) of paragraph (a) of this subsection (1) and
      subparagraph (II) of this paragraph (b), the court shall sentence the person
      to the department of corrections. In addition to a term of imprisonment, the
      court may impose a fine on the person pursuant to subparagraph (III) of
      paragraph (a) of this subsection (1).
      
           SECTION 3.  Act subject to petition - effective date -
      applicability. (1)  This act takes effect September 1, 2015; except that, if
      a referendum petition is filed pursuant to section 1 (3) of article V of the
      state constitution against this act or an item, section, or part of this act
      within the ninety-day period after final adjournment of the general
      assembly, then the act, item, section, or part will not take effect unless
      approved by the people at the general election to be held in November 2016
      and, in such case, will take effect on the date of the official declaration of
      the vote thereon by the governor.
      
           (2)  This act applies to offenses committed on or after the applicable
      effective date of this act.
      
      
      
      
      ________________________________________________________
      Dickey Lee Hullinghorst                Bill L. Cadman
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO