NOTE: The governor signed this measure on 5/29/2015.
      
      
      HOUSE BILL 15-1229
      
      
      BY REPRESENTATIVE(S) McCann, Brown, Duran, Esgar, Fields,
      Garnett, Moreno, Pabon, Primavera, Rosenthal, Salazar;
      also SENATOR(S) Martinez Humenik.
      
      
      Concerning retaliation against a prosecutor, and, in connection
           therewith, making an appropriation.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, add 18-8-616 as
      follows:
      
           18-8-616.  Retaliation against a prosecutor. (1) (a)  An
      individual commits retaliation against a prosecutor if the
      individual makes a credible threat, as defined in section 18-3-602
      (2) (b), or commits an act of harm or injury upon a person or
      property as retaliation or retribution against a prosecutor,
      which action is directed against or committed upon:
      
           (I)  An elected district attorney;
      
           (II)  A prosecutor who has served or is serving in a legal
      matter assigned to the prosecutor involving the individual or a
      person on whose behalf the individual is acting;
      
           (III)  A member of the prosecutor's family;
      
           (IV)  A person in close relationship to the prosecutor; or
      
           (V)  A person residing in the same household with the
      prosecutor.
      
           (b)  An individual commits retaliation against a prosecutor
      by means of a credible threat as described in paragraph (a) of this
      subsection (1) if the individual knowingly makes the credible
      threat:
      
           (I)  Directly to the prosecutor; or
      
           (II)  To another person:
      
           (A)  If the individual intended that the communication
      would be relayed to the prosecutor; or 
      
           (B)  If the other person is required by statute or ethical
      rule to report the communication to the prosecutor or to the
      court.
      
           (2)  Retaliation against a prosecutor is a class 4 felony.
      
           (3)  As used in this section, unless the context otherwise
      requires, "prosecutor" means the attorney general, deputy
      attorney general, assistant attorney general, district attorney,
      deputy district attorney, assistant district attorney, appointed
      special prosecutor, city attorney, United States attorney, deputy
      United States attorney, assistant United States attorney, or
      special assistant United States attorney.
      
           SECTION 2.  In Colorado Revised Statutes, 18-9-313, amend (1)
      (a.5) as follows:
      
           18-9-313.  Personal information on the internet - law
      enforcement official - definitions. (1)  As used in this section:
      
           (a.5)  "Law enforcement official" means a peace officer as described
      in section 16-2.5-101, C.R.S., a judge as defined by section 18-8-615 (3),
      or a prosecutor, as defined in section 18-8-616 (3).
      
           SECTION 3.  In Colorado Revised Statutes, 24-4.1-302, amend (1)
      (kk) as follows:
      
           24-4.1-302.  Definitions. As used in this part 3, and for no other
      purpose, including the expansion of the rights of any defendant:
      
           (1)  "Crime" means any of the following offenses, acts, and
      violations as defined by the statutes of the state of Colorado, whether
      committed by an adult or a juvenile:
      
           (kk)  Retaliation against a judge, in violation of section 18-8-615,
      C.R.S.; retaliation against a prosecutor, in violation of section
      18-8-616, C.R.S.; or retaliation against a juror, in violation of section
      18-8-706.5, C.R.S.;
      
           SECTION 4.  In Colorado Revised Statutes, add 17-18-117 as
      follows:
      
           17-18-117.  Appropriation to comply with section 2-2-703 - HB
      15-1229 - repeal. (1)  Pursuant to section 2-2-703, C.R.S., the
      following statutory appropriations are made in order to
      implement House Bill 15-1229, enacted in 2015:
      
           (a)  For the 2016-17 state fiscal year, twenty-two thousand
      sixty-eight dollars is appropriated to the department from the
      general fund.
      
           (b)  For the 2017-18 state fiscal year, twenty-two thousand
      sixty-eight dollars is appropriated to the department from the
      general fund.
      
           (c)  For the 2018-19 state fiscal year, twenty-two thousand
      sixty-eight dollars is appropriated to the department from the
      general fund.
      
           (d)  For the 2019-20 state fiscal year, five thousand
      seventy-six dollars is appropriated to the department from the
      general fund.
      
           (2)  This section is repealed, effective July 1, 2020.
      
           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.
      
      
      
      
      ________________________________________________________
      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