SENATE
                       3rd Reading Unamended
       April 28, 2015         SENATE
                       2nd Reading Unamended
                      April 27, 2015First Regular Session
               Seventieth General Assembly
                    STATE OF COLORADO
                                                REENGROSSED
                       This Version Includes All Amendments
                       Adopted in the House of Introduction
 LLS NO. 15-1065.01 Michael Dohr x4347   SENATE BILL 15-268
                   SENATE SPONSORSHIP
 Cadman,  Grantham, Lundberg, Baumgardner, Cooke, Crowder, Lambert, Marble, Martinez
 Humenik, Neville T., Roberts, Scheffel, Scott, Woods
 
                    HOUSE SPONSORSHIP
 Lawrence, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Senate Committees
 House Committees
 
 
 Judiciary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning offenses against an unborn child.
       
       
                           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 defines "person" for the purposes of homicide and assault
       offenses as a human being and includes an unborn child at every stage of
       gestation from conception until live birth. For purposes of a prosecution
       of a homicide or assault offense, the bill does not apply to:
                 An act committed by the mother of her unborn child;
                 A medical procedure performed by a physician or other
                 licensed medical professional at the request of a mother of
                 her unborn child or the mother's legal guardian; or
                 The lawful dispensation or administration of lawfully
                 prescribed medication.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, add 18-1-506 as
       follows:
            18-1-506.  Construction of statutes regarding an unborn child.
       (1)  For purposes of the offenses of murder in the first degree,
       section 18-3-102; murder in the second degree, section 18-3-103;
       manslaughter, section 18-3-104; criminally negligent homicide,
       section 18-3-105; vehicular homicide, section 18-3-106; assault in
       the first degree, section 18-3-202; assault in the second degree,
       18-3-203; assault in the third degree, section 18-3-204; and
       vehicular assault, 18-3-205, the term "person" includes an
       unborn child at every stage of gestation from conception until
       live birth.
            (2)  For purposes of a prosecution of a crime described in
       subsection (1) of this section, nothing in this section shall apply
       to:
            (a)  An act committed by  the mother of her unborn child;
            (b)  A medical procedure performed by a physician or other
       licensed medical professional at the request of a mother of her
       unborn child or the mother's legal guardian; or
            (c)  To the lawful dispensation or administration of
       lawfully prescribed medication.
            SECTION 2.  In Colorado Revised Statutes, 18-3-101, amend (2)
       as follows:
            18-3-101.  Definition of terms.  As used in this part 1, unless the
       context otherwise requires:
            (2)  "Person", when referring to the victim of a homicide, means
       a human being who had been born and was alive at the time of the
       homicidal act and includes an unborn child at every stage of
       gestation from conception until live birth.
            SECTION 3.  In Colorado Revised Statutes, 18-3-201, add (3) as
       follows:
            18-3-201.  Definitions.  As used in sections 18-3-201 to 18-3-203,
       unless the context otherwise requires:
            (3)  "Person", when referring to the victim of an assault,
       as described in sections 18-3-202 to 18-3-205, means a human being
       and includes an unborn child at every stage of gestation from
       conception until live birth.
            SECTION 4.  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 5.  Effective date - applicability. This act takes effect
       July 1, 2015, and applies to offenses committed on or after said date.
            SECTION 6.  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.