HOUSE 3rd Reading Unamended July 7, 2006 HOUSE Amended 2nd Reading July 6, 2006First Extraordinary Session Sixty-fifth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 06B-2034.01 Michael Dohr HOUSE BILL 06S-1012 HOUSE SPONSORSHIP Stafford, Schultheis, May M., and Harvey SENATE SPONSORSHIP Johnson, House Committees Senate Committees Judiciary Appropriations A BILL FOR AN ACT Concerning involuntary servitude, 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.) Criminalizes involuntary servitude and involuntary servitude of a minor. Makes a 5-year statutory appropriation. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Title 18, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW ARTICLE to read: ARTICLE 25 Involuntary Servitude 18-25-101. Definitions. As used in this article, unless the context otherwise requires: (1) "Commercial sexual activity" means a sex act for which anything of value is given to, promised to, or received by a person. (2) "Financial harm" means intimidation that brings about financial loss, criminal usury, or an illegal employment contract. (3) "Intimidation" means causing another to perform or to omit the performance of an act by communicating to another, whether in person, by telephone, by mail, or by any other means of communication, a threat to, without lawful authority: (a) Inflict physical harm on the person threatened or on another person or on property; (b) Subject a person to physical confinement or restraint; (c) Commit a criminal offense; or (d) Accuse a person of an offense. (4) "Labor" means work of economic or financial value. (5) "Services" means a relationship between two persons pursuant to which one person performs activities under the supervision of or for the benefit of the other person. "Services" also includes commercial sexual activity and sexually explicit performances. Nothing in this subsection (5) shall be construed to legitimize or legalize prostitution. (6) "Sexually explicit performance" means a live or recorded broadcast, including over the internet, or public act or show intended to arouse or satisfy the sexual desires or appeal to the prurient interests of patrons. 18-25-102. Involuntary servitude. (1) A person commits involuntary servitude if he or she forces, attempts to force, or engages in a conspiracy to force another person into labor or services by: (a) Causing or threatening to cause physical harm to the person or another person; (b) Physically restraining or threatening to physically restrain the person or another person; (c) Abusing or threatening to abuse the law or legal process; (d) Knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document of the person or another person; (e) Using intimidation of, causing or threatening to cause financial harm to, or exerting financial control over another person. (2) It shall not be a defense to a charge of involuntary servitude that the person provided compensation to the person who is subject to involuntary servitude. (3) (a) Involuntary servitude if committed pursuant to paragraph (a) of subsection (1) of this section is a class 3 felony. (b) Involuntary servitude if committed pursuant to paragraph (b) of subsection (1) of this section is a class 4 felony. (c) Involuntary servitude if committed pursuant to paragraph (c) or (d) of subsection (1) of this section is a class 5 felony. (d) Involuntary servitude if committed pursuant to paragraph (e) of subsection (1) of this section is a class 6 felony. 18-25-103. Involuntary servitude of a minor. (1) A person commits involuntary servitude of a minor by: (a) Knowingly recruiting, enticing, harboring, transporting, providing, or obtaining by any means, or attempting to recruit, entice, harbor, transport, provide, or obtain by any means, another person under eighteen years of age, knowing that the other person will engage in commercial sexual activity, a sexually explicit performance, or the production of pornography; or (b) Causing or attempting to cause a person under eighteen years of age to engage in commercial sexual activity, a sexually explicit performance, or the production of pornography. (2) Involuntary servitude of a minor is a class 3 felony. SECTION 2. Part 2 of article 33.5 of title 24, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 24-33.5-228. Memorandum of understanding - enforcement of federal immigration and customs law. (1) The chief of the Colorado state patrol is authorized and directed to negotiate the terms of a memorandum of understanding between the state and the federal department of justice or the federal department of homeland security concerning the enforcement of federal immigration and customs laws, involuntary servitude laws, detention and removal, and investigation in the state. The memorandum of understanding shall be signed on behalf of the state by the chief of the Colorado state patrol and the governor or as otherwise required by the appropriate federal department. (2) The chief of the Colorado state patrol shall designate appropriate members of the Colorado state patrol to be trained pursuant to the memorandum of understanding executed pursuant to subsection (1) of this section. It is the intent of the general assembly that the training shall be funded pursuant to the federal "Department of Homeland Security Appropriations Act, 2006", P.L. No. 109-90, or any other source of federal funding. (3) A peace officer certified as trained in accordance with the memorandum of understanding executed pursuant to subsection (1) of this section is authorized to enforce federal immigration and customs laws and involuntary servitude laws while acting within the scope of his or her authorized duties. SECTION 3. Part 1 of article 1 of title 17, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 17-1-160. Appropriation to comply with section 2-2-703 - HB 06S-1012. (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 H.B. 06S-1012, enacted at the first extraordinary session of the sixty-fifth general assembly: (a) 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 three hundred forty-eight thousand seven hundred seventy-six dollars ($348,776). (b) (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 two hundred fifty-two thousand eight hundred sixty-three dollars ($252,863). (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 one hundred seven thousand two hundred fifty-two dollars ($107,252) (c) (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 one hundred fifty-six thousand nine hundred forty-nine dollars ($156,949). (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 one hundred eighty-five thousand ten dollars ($185,010). (d) (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 eighty-seven thousand one hundred ninety-four dollars ($87,194). (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 two hundred thirty-three thousand two hundred seventy-three dollars ($233,273). (e) (I) For the fiscal year beginning July 1, 2010, 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 eighty-seven thousand one hundred ninety-four dollars ($87,194). (II) For the fiscal year beginning July 1, 2010, 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 two hundred sixty thousand eighty-six dollars ($260,086). SECTION 4. 24-75-302 (2) (s), (2) (t), (2) (u), (2) (v), and (2) (w), Colorado Revised Statutes, are amended 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, 2010, 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: (s) On July 1, 2006, forty-six million nine hundred forty-four thousand six hundred eighty-seven dollars, plus 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 fifteen million dollars pursuant to H.B. 06-1373, enacted at the second regular session of the sixty-fifth general assembly; plus one hundred seventy-four thousand three hundred eighty-eight dollars pursuant to S.B. 06-206, enacted at the second regular session of the sixty-fifth general assembly; plus one hundred seventy-four thousand three hundred eighty-eight dollars pursuant to S.B. 06-207, enacted at the second regular session of the sixty-fifth general assembly; plus six hundred ten thousand three hundred fifty-eight dollars pursuant to H.B. 06-1326, enacted at the second regular session of the sixty-fifth general assembly; plus eighty-seven thousand one hundred ninety-four dollars pursuant to H.B. 06-1145, enacted at the second regular session of the sixty-fifth general assembly; plus four hundred thirty-five thousand nine hundred seventy dollars pursuant to H.B. 06-1092, enacted at the second regular session of the sixty-fifth general assembly; plus eighty-seven thousand one hundred ninety-four dollars pursuant to H.B. 06-1151, enacted at the second regular session of the sixty-fifth general assembly; plus five hundred twenty-three thousand one hundred sixty-four dollars pursuant to H.B. 06-1011, enacted at the second regular session of the sixty-fifth general assembly; plus three hundred forty-eight thousand seven hundred seventy-six dollars pursuant to H.B. 06S-1012, enacted at the first extraordinary 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 twenty-two million eight hundred eighty-five thousand three hundred eighty-six dollars pursuant to H.B. 06-1373, enacted at the second regular session of the sixty-fifth general assembly; plus two hundred nine thousand two hundred sixty-six dollars pursuant to S.B. 06-206, enacted at the second regular session of the sixty-fifth general assembly; plus two hundred nine thousand two hundred sixty-six dollars pursuant to S.B. 06-207, enacted at the second regular session of the sixty-fifth general assembly; plus six hundred ten thousand three hundred fifty-eight dollars pursuant to H.B. 06-1326, enacted at the second regular session of the sixty-fifth general assembly; plus sixty-nine thousand seven hundred fifty-five dollars pursuant to H.B. 06-1151, enacted at the second regular session of the sixty-fifth general assembly; plus five hundred twenty-three thousand one hundred sixty-four dollars pursuant to H.B. 06-1011, enacted at the second regular session of the sixty-fifth general assembly; plus two hundred fifty-two thousand eight hundred sixty-three dollars pursuant to H.B. 06S-1012, enacted at the first extraordinary 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 three hundred ninety-two thousand three hundred seventy-three dollars pursuant to S.B. 06-206, enacted at the second regular session of the sixty-fifth general assembly; plus three hundred ninety-two thousand three hundred seventy-three dollars pursuant to S.B. 06-207, enacted at the second regular session of the sixty-fifth general assembly; plus four hundred sixty-two thousand one hundred twenty-eight dollars pursuant to H.B. 06-1326, enacted at the second regular session of the sixty-fifth general assembly; plus twenty-six thousand one hundred fifty-eight dollars pursuant to H.B. 06-1145, enacted at the second regular session of the sixty-fifth general assembly; plus five hundred twenty-three thousand one hundred sixty-four dollars pursuant to H.B. 06-1011, enacted at the second regular session of the sixty-fifth general assembly; plus one hundred fifty-six thousand nine hundred forty-nine dollars pursuant to H.B. 06S-1012, enacted at the first extraordinary session of the sixty-fifth general assembly; (v) On July 1, 2009, five hundred twenty-three thousand one hundred sixty-four dollars pursuant to S.B. 06-206, enacted at the second regular session of the sixty-fifth general assembly; plus five hundred twenty-three thousand one hundred sixty-four dollars pursuant to S.B. 06-207, enacted at the second regular session of the sixty-fifth general assembly; plus forty-three thousand five hundred ninety-seven dollars pursuant to H.B. 06-1145, enacted at the second regular session of the sixty-fifth general assembly; plus five hundred twenty-three thousand one hundred sixty-four dollars pursuant to H.B. 06-1011, enacted at the second regular session of the sixty-fifth general assembly; plus eighty-seven thousand one hundred ninety-four dollars pursuant to H.B. 06S-1012, enacted at the first extraordinary session of the sixty-fifth general assembly; (w) On July 1, 2010, five hundred twenty-three thousand one hundred sixty-four dollars pursuant to S.B. 06-206, enacted at the second regular session of the sixty-fifth general assembly; plus five hundred twenty-three thousand one hundred sixty-four dollars pursuant to S.B. 06-207, enacted at the second regular session of the sixty-fifth general assembly; plus forty-three thousand five hundred ninety-seven dollars pursuant to S.B. 06-1145, enacted at the second regular session of the sixty-fifth general assembly; plus five hundred twenty-three thousand one hundred sixty-four dollars pursuant to H.B. 06-1011, enacted at the second regular session of the sixty-fifth general assembly; plus eighty-seven thousand one hundred ninety-four dollars pursuant to H.B. 06S-1012, enacted at the first extraordinary session of the sixty-fifth general assembly. SECTION 5. Effective date - applicability. This act shall take effect upon passage 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.