Second Regular Session
               Seventieth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 16-0253.01 Michael Dohr x4347   HOUSE BILL 16-1344
                    HOUSE SPONSORSHIP
 Foote, 
 
                   SENATE SPONSORSHIP
 Cooke, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Judiciary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning creating a drug special offender offense when
            the use of the drug results in death.
       
       
                           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 there are certain circumstances that if present
       in a drug crime elevate the crime to special offender offense which carries
       a drug level felony 1 penalty. The bill adds the circumstance of a person
       dying as a result of the use of a distributed controlled substance to the list
       of special offender circumstances.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 18-18-407, add (1)
       (h) as follows:
            18-18-407.  Special offender - definitions. (1)  A person who
       commits a felony offense under this part 4 under any one or more of the
       following aggravating circumstances commits a level 1 drug felony and
       is a special offender:
            (h)  The defendant committed a violation of section
       18-18-405, except section 18-18-405 (2) (d) (II), and a person died as
       a result of using the distributed, manufactured, dispensed, or
       sold controlled substance.
            SECTION 2.  Potential appropriation. Pursuant to section
       2-2-703, C.R.S., any bill that results in a net increase in periods of
       imprisonment in state correctional facilities must include an appropriation
       of money 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 3.  Effective date - applicability. This act takes effect
       July 1, 2016, and applies to offenses committed on or after said date.
            SECTION 4.  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.