First Regular Session
               Seventieth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 15-0175.01 Michael Dohr x4347   HOUSE BILL 15-1312
                    HOUSE SPONSORSHIP
 Pabon and Lawrence,  Fields, Foote, Willett
 
                   SENATE SPONSORSHIP
 Cooke and Johnston, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Judiciary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning collection of a DNA sample from offenders
            convicted of certain misdemeanors.
       
       
                           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.)
       
            Under current law, an offender convicted of a misdemeanor
       involving unlawful sexual conduct must provide a DNA sample for
       inclusion in the DNA database at the Colorado bureau of investigation.
       The bill would require collection of a DNA sample from a person
       convicted of any of the following misdemeanors:
                 Third degree assault;
                 Menacing;
                 Reckless endangerment;
                 Theft;
                 Criminal mischief;
                 Child abuse;
                 Violation of a protection order; and
                 Harassment.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 16-11-102.4, amend
       (1) (g); and add (1.5) as follows:
            16-11-102.4.  Genetic testing of convicted offenders.
       (1)  Beginning July 1, 2007, each of the following convicted offenders
       shall submit to and pay for collection and a chemical testing of the
       offender's biological substance sample to determine the genetic markers
       thereof, unless the offender has already provided a biological substance
       sample for such testing pursuant to a statute of this state:
            (g)  Every offender sentenced on or after July 1, 2007, for a felony
       conviction or sentenced on or after July 1, 2015, for a conviction
       for a misdemeanor specified in subsection (1.5) of this section;
       except that this paragraph (g) shall not apply to an offender granted a
       deferred judgment and sentencing as authorized in section 18-1.3-102,
       C.R.S., unless otherwise required to submit to a sample pursuant to this
       section, or unless the deferred judgment and sentencing is revoked and a
       sentence is imposed. The sample shall be collected:
            (I)  From an offender sentenced to the department of corrections,
       by the department during the intake process but in any event within
       thirty-five days after the offender is received by the department;
            (II)  From an offender sentenced to county jail or community
       corrections, by the sheriff or by the community corrections program
       within thirty-five days after the offender is received into the custody of
       the county jail or the community corrections facility;
            (III)  From an offender sentenced to probation, by the judicial
       department or probation department within thirty-five days after the
       offender is placed on probation;
            (IV)  From an offender sentenced to the youthful offender system,
       by the department of corrections within thirty-five days after the offender
       is received at the youthful offender system; and
            (V)  From an offender who receives any other sentence or who
       receives a suspended sentence, by the judicial department or probation
       department within thirty-five days after the offender is sentenced or the
       sentence is suspended.
            (1.5)  An offender convicted of one of the following
       misdemeanors is subject to paragraph (g) of subsection (1) of this
       section:
            (a)  Third degree assault pursuant to section 18-3-204,
       C.R.S.;
            (b)  Menacing pursuant to section 18-3-206, C.R.S.;
            (c)  Reckless endangerment pursuant to section 18-3-208,
       C.R.S.;
            (d)  Misdemeanor theft pursuant to section 18-4-401 (2) (c),
       (2) (d), or (2) (e), C.R.S.;
            (e)  Misdemeanor criminal mischief pursuant to section
       18-4-501 (4) (a), (4) (b), or (4) (c), C.R.S.;
            (f)  Misdemeanor child abuse pursuant to section 18-6-401
       (7) (a) (V), (7) (a) (VI), (7) (b) (I), or (7) (b) (II), C.R.S.;
            (g)  Violation of a protection order pursuant to section
       18-6-803.5, C.R.S.; or
            (h)  Harassment pursuant to section 18-9-111 (1) (a), C.R.S.
            SECTION 2.  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.