Second Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 16-0891.01 Jerry Barry x4341 HOUSE BILL 16-1307 HOUSE SPONSORSHIP Melton, SENATE SPONSORSHIP Cooke, House Committees Senate Committees Judiciary A BILL FOR AN ACT Concerning threats against persons at postsecondary educational institutions. 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, it is a class 1 misdemeanor for a person to knowingly make a threat of death or bodily injury to a person at an educational institution. The bill makes it a class 6 felony if the threat involves death or serious bodily injury and the person is at a postsecondary educational institution. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 18-9-109, amend (6) (b) and (6) (c) as follows: 18-9-109. Interference with staff, faculty, or students of educational institutions. (6) (b) For purposes of this subsection (6), "credible threat" means a threat or physical action that would cause a reasonable person to be in fear of bodily injury with a deadly weapon, serious bodily injury with a deadly weapon, or death. (c) A person who violates this subsection (6) commits a class 1 misdemeanor; except that a person commits a class 6 felony if the person threatens death or serious bodily injury with a deadly weapon and the threat is made to: (I) A person the actor knows or believes to be a student at a postsecondary educational institution, a school official of a postsecondary educational institution, or an employee of a postsecondary educational institution; or (II) An invitee who is on the premises of a postsecondary educational institution. 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 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 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.