NOTE: The governor signed this measure on 4/14/2016.
      
      
      SENATE BILL 16-051
      
      
      BY SENATOR(S) Johnston and Lundberg, Aguilar, Baumgardner,
      Grantham, Guzman, Heath, Hill, Hodge, Jahn, Jones, Kefalas, Kerr,
      Lambert, Marble, Merrifield, Neville T., Newell, Scheffel, Scott, Steadman,
      Tate, Todd, Ulibarri, Woods, Cadman;
      also REPRESENTATIVE(S) Melton, Becker K., Court, Duran, Kagan,
      Kraft-Tharp, Lebsock, Lee, Lontine, Moreno, Pabon, Primavera,
      Rosenthal, Ryden, Salazar, Singer, Williams, Young.
      
      
      Concerning increasing judicial discretion regarding the
           imposition of consecutive sentences for violent crimes.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 18-1.3-406, amend (1)
      (a); and add (1) (c) as follows:
      
           18-1.3-406.  Mandatory sentences for violent crimes -
      definitions. (1) (a)  Any person convicted of a crime of violence shall be
      sentenced pursuant to the provisions of section 18-1.3-401 (8) to the
      department of corrections for a term of incarceration of at least the
      midpoint in, but not more than twice the maximum of, the presumptive
      range provided for such offense in section 18-1.3-401 (1) (a), as modified
      for an extraordinary risk crime pursuant to section 18-1.3-401 (10), without
      suspension; except that, within ninety-one days after he or she has been
      placed in the custody of the department of corrections, the department shall
      transmit to the sentencing court a report on the evaluation and diagnosis of
      the violent offender, and the court, in a case which it considers to be
      exceptional and to involve unusual and extenuating circumstances, may
      thereupon modify the sentence, effective not earlier than one hundred
      nineteen days after his or her placement in the custody of the department.
      Such modification may include probation if the person is otherwise eligible
      therefor. Whenever a court finds that modification of a sentence is justified,
      the judge shall notify the state court administrator of his or her decision and
      shall advise said administrator of the unusual and extenuating
      circumstances that justified such modification. The state court administrator
      shall maintain a record, which shall be open to the public, summarizing all
      modifications of sentences and the grounds therefor for each judge of each
      district court in the state. Except as described in paragraph (c) of this
      subsection (1), a court shall sentence a person convicted of two or
      more separate crimes of violence arising out of the same incident shall be
      sentenced for such crimes so that his or her sentences are served
      consecutively rather than concurrently.
      
           (c)  The court may require a defendant to serve his or her
      sentences consecutively rather than concurrently if the
      defendant is convicted of two or more separate crimes of violence
      arising out of the same incident and one of such crimes is:
      
           (I)  Aggravated robbery, as described in section 18-4-302;
      
           (II)  Assault in the second degree, as described in section
      18-3-203; or
      
           (III)  Escape, as described in section 18-8-208.
      
           SECTION 2.  Effective date - applicability. This act takes effect
      July 1, 2016, and applies to offenses committed on or after said date.
      
           SECTION 3.  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.
      
      
      
      
      ____________________________  ____________________________
      Bill L. Cadman                Dickey Lee Hullinghorst
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Effie Ameen                            Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO