Second Regular Session Sixty-fifth General Assembly STATE OF COLORADO CORRECTED INTRODUCED LLS NO. 06-0553.01 Michael Dohr HOUSE BILL 06-1026 HOUSE SPONSORSHIP Berens, SENATE SPONSORSHIP Mitchell, House Committees Senate Committees Judiciary A BILL FOR AN ACT Concerning increasing the penalty for certain sexual assault offenses when the victim is twelve years of age or younger. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Requires the court to sentence a defendant found guilty of sexual assault, sexual assault on a child, or sexual assault on a child by one in a position of trust, under circumstances in which the victim is 12 years of age or younger, to at least the maximum of the presumptive range for the felony and a maximum of the sex offender's natural life. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 18-1.3-1004 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read: 18-1.3-1004. Indeterminate sentence. (1) (e) Notwithstanding the provisions of paragraph (b) of this subsection (1), if the sex offender committed a sex offense that constitutes a class 2 felony pursuant to section 18-3-402 (5) (a) (IV), 18-3-405 (2.5), or 18-3-405.3 (2.5), the district court shall sentence the sex offender to the custody of the department for an indeterminate term of at least the maximum of the presumptive range for a class 2 felony and a maximum of the sex offender's natural life. SECTION 2. 18-3-402 (5) (a), Colorado Revised Statutes, is amended to read: 18-3-402. Sexual assault. (5) (a) Sexual assault is a class 2 felony if any one or more of the following circumstances exist: (I) In the commission of the sexual assault, the actor is physically aided or abetted by one or more other persons; or (II) The victim suffers serious bodily injury; or (III) The actor is armed with a deadly weapon or an article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon or represents verbally or otherwise that the actor is armed with a deadly weapon and uses the deadly weapon, article, or representation to cause submission of the victim; or (IV) The victim is twelve years of age or younger at the time of the commission of the offense. SECTION 3. 18-3-405, Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS to read: 18-3-405. Sexual assault on a child. (2.5) Notwithstanding the provisions of subsection (2) of this section, sexual assault on a child is a class 2 felony if the victim is twelve years of age or younger at the time of the commission of the offense. (4) If a defendant is convicted of the class 2 felony of sexual assault on a child pursuant to subsection (2.5) of this section, the court shall sentence the defendant in accordance with the provisions of section 18-1.3-1004 (1) (e). SECTION 4. 18-3-405.3, Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS to read: 18-3-405.3. Sexual assault on a child by one in a position of trust. (2.5) Notwithstanding the provisions of subsections (2) and (3) of this section, sexual assault on a child by one in a position of trust is a class 2 felony if the victim is twelve years of age or younger at the time of the commission of the offense. (5) If a defendant is convicted of the class 2 felony of sexual assault on a child pursuant to subsection (2.5) of this section, the court shall sentence the defendant in accordance with the provisions of section 18-1.3-1004 (1) (e). SECTION 5. Effective date - applicability. This act shall take effect July 1, 2006, and shall apply to offenses committed on or after said date. SECTION 6. 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.