First Regular Session Sixty-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 05-0484.01 Michael Dohr HOUSE BILL 05-1029 HOUSE SPONSORSHIP Massey SENATE SPONSORSHIP (None) House Committees Senate Committees Judiciary Appropriations A BILL FOR AN ACT Concerning the addition of portable electronic communication devices to the list of items that constitute contraband for the purposes of the crime of introducing contraband in the second degree, and making an appropriation in connection therewith. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Adds portable electronic communication devices to the list of items that are contraband for the purposes of the crime of introducing contraband in the second degree. Makes a 5-year appropriation. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 18-8-204 (2) (m), Colorado Revised Statutes, is amended, and the said 18-8-204 (2) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read: 18-8-204. Introducing contraband in the second degree. (2) "Contraband" as used in this section means any of the following, but does not include any article or thing referred to in section 18-8-203: (m) For purposes of a facility of the department of corrections or any private contract prison, any cigarettes or tobacco products, as defined in section 39-28.5-101 (5), C.R.S.; or (n) Any portable electronic communication device, including but not limited to cellular telephones; cloned cellular telephones as defined in section 18-9-309; public, private, or family-style radios; pagers; personal digital assistants; any other device capable of transmitting or intercepting cellular or radio signals between providers and users of telecommunication and data services; and portable computers except those authorized by the executive director of the department of corrections or his or her designee. SECTION 2. Part 1 of article 1 of title 17, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 17-1-153. Appropriation to comply with section 2-2-703. (1) Pursuant to section 2-2-703, C.R.S., the following statutory appropriations, or so much thereof as may be necessary, are made in order to implement S.B. 05-___, enacted at the first regular session of the sixty-fifth general assembly: (a) For the fiscal year beginning July 1, 2005, in addition to any other appropriation, there is hereby appropriated from the capital construction fund created in section 24-75-302, C.R.S., to the corrections expansion reserve fund created in section 17-1-116, the sum of _______ dollars ($ ). (b) (I) For the fiscal year beginning July 1, 2006, in addition to any other appropriation, there is hereby appropriated, from the capital construction fund created in section 24-75-302, C.R.S., to the corrections expansion reserve fund created in section 17-1-116, the sum of ______ dollars ($ ). (II) For the fiscal year beginning July 1, 2006, in addition to any other appropriation, there is hereby appropriated to the department of corrections, out of any moneys in the general fund not otherwise appropriated, the sum of _____ dollars ($ ). (c) (I) For the fiscal year beginning July 1, 2007, in addition to any other appropriation, there is hereby appropriated, from the capital construction fund created in section 24-75-302, C.R.S., to the corrections expansion reserve fund created in section 17-1-116, the sum of ________ dollars ($ ). (II) For the fiscal year beginning July 1, 2007, in addition to any other appropriation, there is hereby appropriated to the department of corrections, out of any moneys in the general fund not otherwise appropriated, the sum of _____ dollars ($ ). (d) (I) For the fiscal year beginning July 1, 2008, in addition to any other appropriation, there is hereby appropriated, from the capital construction fund created in section 24-75-302, C.R.S., to the corrections expansion reserve fund created in section 17-1-116, the sum of ______ dollars ($ ). (II) For the fiscal year beginning July 1, 2008, in addition to any other appropriation, there is hereby appropriated to the department of corrections, out of any moneys in the general fund not otherwise appropriated, the sum of _____ dollars ($ ). (e) (I) For the fiscal year beginning July 1, 2009, in addition to any other appropriation, there is hereby appropriated, from the capital construction fund created in section 24-75-302, C.R.S., to the corrections expansion reserve fund created in section 17-1-116, the sum of ______ dollars ($ ). (II) For the fiscal year beginning July 1, 2009, in addition to any other appropriation, there is hereby appropriated to the department of corrections, out of any moneys in the general fund not otherwise appropriated, the sum of _____ dollars ($ ). SECTION 3. The introductory portion to 24-75-302 (2) and 24-75-302 (2) (r.5), (2) (s), (2) (t), and (2) (u), Colorado Revised Statutes, are amended, and the said 24-75-302 (2) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read: 24-75-302. Capital construction fund - capital assessment fees - calculation. (2) As of July 1, 1988, and July 1 of each year thereafter through July 1, 2008 2009, a sum as specified in this subsection (2) shall accrue to the capital construction fund. The state treasurer and the controller shall transfer such sum out of the general fund and into the capital construction fund as moneys become available in the general fund during the fiscal year beginning on said July 1. Transfers between funds pursuant to this subsection (2) shall not be deemed to be appropriations subject to the limitations of section 24-75-201.1. The amount which shall accrue pursuant to this subsection (2) shall be as follows: (r.5) On July 1, 2005, seventy-six thousand four hundred fourteen dollars pursuant to H.B. 04-1021, enacted at the second regular session of the sixty-fourth general assembly, plus _____ dollars pursuant to S.B. 05-____, enacted at the first regular session of the sixty-fifth general assembly; (s) On July 1, 2006, twenty-two thousand nine hundred twenty-four dollars pursuant to section 3 of H.B. 02S-1006, enacted at the third extraordinary session of the sixty-third general assembly; plus two hundred ninety-one thousand seven hundred sixty-one dollars pursuant to H.B. 03-1004, enacted at the first regular session of the sixty-fourth general assembly; plus one hundred twenty-five thousand forty-one dollars pursuant to H.B. 03-1138, enacted at the first regular session of the sixty-fourth general assembly; plus sixty-nine thousand four hundred sixty-seven dollars pursuant to H.B. 03-1213, enacted at the first regular session of the sixty-fourth general assembly; plus sixty-nine thousand four hundred sixty-seven dollars pursuant to H.B. 03-1317, enacted at the first regular session of the sixty-fourth general assembly; plus ninety thousand three hundred seven dollars pursuant to H.B. 04-1021, enacted at the second regular session of the sixty-fourth general assembly; plus sixty-nine thousand four hundred sixty-seven dollars pursuant to H.B. 04-1016, enacted at the second regular session of the sixty-fourth general assembly; plus _____ dollars pursuant to S.B. 05-____, enacted at the first regular session of the sixty-fifth general assembly; (t) On July 1, 2007, four hundred sixteen thousand eight hundred two dollars pursuant to H.B. 03-1004, enacted at the first regular session of the sixty-fourth general assembly; plus fifty-five thousand five hundred seventy-four dollars pursuant to H.B. 03-1317, enacted at the first regular session of the sixty-fourth general assembly; plus thirteen thousand eight hundred ninety-three dollars pursuant to H.B. 04-1021, enacted at the second regular session of the sixty-fourth general assembly; plus _____ dollars pursuant to S.B. 05-____, enacted at the first regular session of the sixty-fifth general assembly; (u) On July 1, 2008, sixty-nine thousand four hundred sixty-seven dollars pursuant to H.B. 04-1021, enacted at the second regular session of the sixty-fourth general assembly, plus _____ dollars pursuant to S.B. 05-____, enacted at the first regular session of the sixty-fifth general assembly; (v) On July 1, 2009, _____ dollars pursuant to S.B. 05-____, enacted at the first regular session of the sixty-fifth general assembly. SECTION 4. Effective date - applicability. This act shall take effect July 1, 2005, and shall apply to offenses committed on or after said date. SECTION 5. 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.