First Regular Session Sixty-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 05-0440.01 Michael Dohr HOUSE BILL 05-1014 HOUSE SPONSORSHIP Carroll T. SENATE SPONSORSHIP Grossman House Committees Senate Committees Judiciary A BILL FOR AN ACT Concerning substantive changes to strengthen the state criminal law. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) For purposes of the definition of restitution, adds costs incurred as a result of a drug lab clean-up. For purposes of the definition of falsely completing a written instrument in the fraud statutes, removes language that makes it a question of law as to whether information used in completing a written instrument is material. Criminalizes making a credible threat to cause bodily injury with a deadly weapon or death to a person the actor believes to be a student, school official, or employee of an education institution or an invitee on the premises of an educational institution. Adds 2 hallucinogenic substances to schedule I narcotics. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 18-1.3-602 (3), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read: 18-1.3-602. Definitions. As used in this part 6, unless the context otherwise requires: (3) (c) (I) "Restitution" shall also include all costs incurred by a government agency or private entity to: (A) Remove, clean up, or remediate a place used to manufacture, or attempt to manufacture, a controlled substance, or which contains a controlled substance, or which contains chemicals, supplies or equipment used, or intended to be used, in the manufacturing of a controlled substance; or (B) Store, preserve, or test evidence of a controlled substance violation. (II) Costs under this paragraph (c) shall include, but are not limited to, overtime wages for peace officers or other government employees, the operating expenses for any equipment utilized, and the costs of any property designed for one-time use, such as protective clothing. SECTION 2. 18-1.3-602 (4) (a), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read: 18-1.3-602. Definitions. As used in this part 6, unless the context otherwise requires: (4) (a) "Victim" means any person aggrieved by the conduct of an offender and includes but is not limited to the following: (VI) Any person who had to expend resources for the purposes described in subparagraph (I) of paragraph (c) of subsection (3) of this section. SECTION 3. 18-5-101 (3) (b), Colorado Revised Statutes, is amended to read: 18-5-101. Definitions. As used in sections 18-5-101 to 18-5-110, unless the context otherwise requires: (3) To "falsely complete" a written instrument means: (b) To transform an incomplete written instrument into a complete one by adding or inserting materially false information or adding or inserting a materially false statement. A materially false statement is a false assertion that affects the action, conduct, or decision of the person who receives or is intended to receive the asserted information in a manner that directly or indirectly benefits the person making the assertion. Whether information or a statement is material is a question of law. SECTION 4. 18-9-109 (5), Colorado Revised Statutes, is amended, and the said 18-9-109 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read: 18-9-109. Interference with staff, faculty, or students of educational institutions. (5) Any person who violates any of the provisions of this section, except subsection (6) of this section, commits a class 3 misdemeanor. (6) (a) A person shall not knowingly make or convey to another person a credible threat to cause death or to cause bodily injury with a deadly weapon against: (I) A person the actor knows or believes to be a student, school official, or employee of an educational institution; or (II) An invitee who is on the premises of an educational institution. (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 or death. (c) A person who violates this subsection (6) commits a class 1 misdemeanor. SECTION 5. 18-18-203 (2) (c), Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW SUBPARAGRAPHS to read: 18-18-203. Schedule I. (2) Unless specifically excepted by Colorado or federal law or Colorado or federal regulation or more specifically included in another schedule, the following controlled substances are listed in schedule I: (c) Any material, compound, mixture, or preparation containing any quantity of the following hallucinogenic substances, including any salts, isomers, and salts of isomers of them that are theoretically possible within the specific chemical designation: (IV.5) 5-methoxy-N, N-diisopropyltryptamine (5-MeO-DiPT); (VIII.5) Alpha-methyltryptamine (AMT); SECTION 6. Effective date - applicability. This act shall take effect July 1, 2005, and shall apply to offenses committed on or after said date. SECTION 7. 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.