HOUSE BILL 971060
BY REPRESENTATIVES Adkins, Chavez, Hagedorn, Schwarz, Smith, and Tupa;
also SENATORS Blickensderfer, Chlouber, Congrove,
Schroeder, and Tebedo.
CONCERNING TELECOMMUNICATIONS CRIME, AND MAKING AN
APPROPRIATION IN CONNECTION THEREWITH.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 189309
(1) (c), Colorado Revised Statutes, 1986 Repl. Vol., as amended,
is amended, and the said 189309 (1) is further amended
BY THE ADDITION OF THE FOLLOWING NEW PARAGRAPHS, to read:
189309. Telecommunications
crime. (1) As used in this
section and section 189309.5:
(a.5) "CELLULAR PHONE" MEANS
A RADIO TELECOMMUNICATIONS DEVICE THAT MAY BE USED TO OBTAIN TELECOMMUNICATIONS
SERVICES AND THAT IS PROGRAMMED WITH AN ELECTRONIC SERIAL NUMBER
BY OR WITH THE CONSENT OF THE CELLULAR PHONE MANUFACTURER.
(a.7) "CLONED CELLULAR PHONE"
MEANS A CELLULAR PHONE, THE ELECTRONIC SERIAL NUMBER OF WHICH
HAS BEEN ALTERED WITHOUT THE CONSENT OF THE CELLULAR PHONE'S MANUFACTURER.
(a.8) "CLONING EQUIPMENT" MEANS
ANY INSTRUMENT, APPARATUS, EQUIPMENT, COMPUTER HARDWARE, COMPUTER
SOFTWARE, OPERATING PROCEDURE OR CODE, OR DEVICE, WHETHER USED
SEPARATELY OR IN COMBINATION, THAT IS DESIGNED OR ADAPTED AND
IS USED, IS INTENDED TO BE USED, OR IS CAPABLE OF BEING USED:
(I) TO INTERCEPT SIGNALS, INCLUDING SIGNALS
TRANSMITTED TO OR FROM CELLULAR PHONES, BETWEEN A TELECOMMUNICATIONS
PROVIDER AND PERSONS USING TELECOMMUNICATIONS SERVICES OR BETWEEN
PERSONS USING TELECOMMUNICATIONS SERVICES; OR
(II) TO CREATE CLONED CELLULAR PHONES.
(b.7) "ELECTRONIC SERIAL NUMBER"
MEANS AN ELECTRONIC NUMBER THAT IS PROGRAMMED INTO A CELLULAR
PHONE BY OR WITH THE CONSENT OF THE MANUFACTURER, TRANSMITTED
BY THE CELLULAR PHONE, AND USED BY CELLULAR PHONE TELECOMMUNICATIONS
PROVIDERS TO VALIDATE RADIO TRANSMISSIONS AS HAVING BEEN MADE
BY CELLULAR PHONES AUTHORIZED OR APPROVED BY TELECOMMUNICATIONS
PROVIDERS.
(c) "Illegal telecommunications equipment"
means any instrument, apparatus, equipment, COMPUTER HARDWARE,
COMPUTER SOFTWARE, mechanism, operating procedure or code, or
device, WHETHER USED SEPARATELY OR IN COMBINATION, which
THAT is designed or adapted and which
is used or is intended to be used to evade the lawful charges
for any telecommunications service or for concealing from any
telecommunications provider or lawful authority the existence,
place of origin, or destination of any telecommunication. ILLEGAL
TELECOMMUNICATIONS EQUIPMENT INCLUDES CLONED CELLULAR PHONES.
(c.5) TO "INTERCEPT SIGNALS"
MEANS TO ELECTRONICALLY CAPTURE, RECORD, REVEAL, OR OTHERWISE
ACCESS SIGNALS, INCLUDING DATA, ELECTRONIC SERIAL NUMBERS, AND
MOBILE IDENTIFICATION NUMBERS, THAT ARE EMITTED, TRANSMITTED,
OR RECEIVED BY A TELECOMMUNICATIONS PROVIDER WITHOUT CONSENT OF
THE TELECOMMUNICATIONS PROVIDER OR THE PERSON RECEIVING OR INITIATING
THE SIGNAL.
(c.7) "MOBILE IDENTIFICATION NUMBER"
MEANS THE CELLULAR PHONE NUMBER ASSIGNED TO A CELLULAR PHONE BY
THE CELLULAR PHONE TELECOMMUNICATIONS PROVIDER.
SECTION 2. The
introductory portion to 189309 (2) and 189309
(2) (b), Colorado Revised Statutes, 1986 Repl. Vol., as amended,
are amended, and the said 189309 is further amended
BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read:
189309. Telecommunications
crime. (2) A person commits
a class 3 misdemeanor or a class 6
felony for a second or subsequent violation of this subsection
(2) within five years after a previous conviction
if he OR SHE knowingly:
(b) Makes, possesses, or uses illegal
telecommunications equipment; EXCEPT THAT A PERSON WHO KNOWINGLY
USES CLONING EQUIPMENT TO CREATE A CLONED CELLULAR PHONE COMMITS
A CLASS 4 FELONY AS PROVIDED IN SUBSECTION (4) OF THIS SECTION;
(2.5) A PERSON COMMITS A CLASS 6 FELONY
IF, WITHIN FIVE YEARS AFTER A PREVIOUS VIOLATION OF SUBSECTION
(2) OF THIS SECTION, THE PERSON COMMITS A SECOND OR SUBSEQUENT
VIOLATION OF SUBSECTION (2) OF THIS SECTION; EXCEPT THAT A SECOND
OR SUBSEQUENT VIOLATION OF SUBSECTION (2) OF THIS SECTION INVOLVING
KNOWINGLY USING CLONING EQUIPMENT TO CREATE A CLONED CELLULAR
PHONE, AS DESCRIBED IN PARAGRAPH (b) OF SUBSECTION (2) OF THIS
SECTION, IS A CLASS 4 FELONY.
(4) (a) A PERSON COMMITS A CLASS
4 FELONY IF HE OR SHE KNOWINGLY USES CLONING EQUIPMENT TO:
(I) INTERCEPT SIGNALS, INCLUDING SIGNALS
TRANSMITTED TO OR FROM CELLULAR PHONES, BETWEEN A TELECOMMUNICATIONS
PROVIDER AND PERSONS USING TELECOMMUNICATIONS SERVICES OR BETWEEN
PERSONS USING TELECOMMUNICATIONS SERVICES; OR
(II) CREATE A CLONED CELLULAR PHONE.
(b) A PERSON COMMITS A CLASS 4 FELONY
IF HE OR SHE AIDS, ABETS, ADVISES, OR ENCOURAGES ONE OR MORE PERSONS
WHO ENGAGE IN THE ACTIVITIES DESCRIBED IN PARAGRAPH (a) OF THIS
SUBSECTION (4).
(c) EACH VIOLATION OF THIS SUBSECTION
(4), INCLUDING EACH INSTANCE OF INTERCEPTING SIGNALS OR OF CREATING
A CLONED CELLULAR PHONE, SHALL BE A SEPARATE OFFENSE.
(5) THE PROVISIONS OF THIS SECTION DO
NOT APPLY TO:
(a) OFFICERS, EMPLOYEES, OR AGENTS OF
TELECOMMUNICATIONS PROVIDERS WHO ENGAGE IN CONDUCT PROHIBITED
BY THIS SECTION FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING,
OR CONDUCTING TELECOMMUNICATIONS SERVICES OR FOR LAW ENFORCEMENT
PURPOSES;
(b) LAW ENFORCEMENT OFFICERS AND PUBLIC
OFFICIALS IN CHARGE OF JAILS, POLICE PREMISES, SHERIFFS' OFFICES,
DEPARTMENT OF CORRECTIONS' INSTITUTIONS, OR OTHER PENAL OR CORRECTIONAL
INSTITUTIONS OR ANY OTHER PERSON UNDER THE COLOR OF LAW WHO ENGAGES
IN CONDUCT PROHIBITED BY THIS SECTION FOR THE PURPOSE OF LAW ENFORCEMENT
OR IN THE NORMAL COURSE OF THE OFFICER'S OR OFFICIAL'S EMPLOYMENT
ACTIVITIES OR DUTIES; OR
(c) OFFICERS, EMPLOYEES, OR AGENTS OF
FEDERAL OR STATE AGENCIES WHO ARE AUTHORIZED TO MONITOR OR INTERCEPT
CELLULAR TELEPHONE SERVICE IN THE NORMAL COURSE OF THE OFFICER'S,
EMPLOYEE'S, OR AGENT'S EMPLOYMENT.
(6) PROSECUTION UNDER THIS SECTION DOES
NOT PRECLUDE CIVIL LIABILITY UNDER ANY APPLICABLE PROVISION OF
LAW.
SECTION 3. 1817103
(5) (b), Colorado Revised Statutes, 1986 Repl. Vol., as amended,
is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:
1817103. Definitions.
As used in this article, unless the context otherwise requires:
(5) "Racketeering activity"
means to commit, to attempt to commit, to conspire to commit,
or to solicit, coerce, or intimidate another person to commit:
(b) Any violation of the following provisions
of the Colorado statutes or any criminal act committed in any
jurisdiction of the United States which, if committed in this
state, would be a crime under the following provisions of the
Colorado statutes:
(XVII) OFFENSES RELATING TO TELECOMMUNICATIONS
CRIME AS SET FORTH IN SECTION 189309.
SECTION 4. 2475302
(2) (j), Colorado Revised Statutes, 1988 Repl. Vol., as amended,
is amended to read:
2475302. Capital construction
fund capital assessment fees calculation.
(2) As of July 1, 1988, and July 1 of each year thereafter
through July 1, 1998, 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 2475201.1. The amount which shall accrue
pursuant to this subsection (2) shall be as follows:
(j) On July 1, 1997, fifty million dollars
PLUS SEVENTYTHREE THOUSAND SIX HUNDRED THIRTYSIX DOLLARS
PURSUANT TO H.B. 971060, ENACTED AT THE FIRST REGULAR SESSION
OF THE SIXTYFIRST GENERAL ASSEMBLY; and
SECTION 5. Part
1 of article 1 of title 17, Colorado Revised Statutes, 1986 Repl.
Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION
to read:
171120. Appropriation to
comply with section 22703.
(1) PURSUANT TO SECTION 22703, C.R.S.,
THE FOLLOWING STATUTORY APPROPRIATIONS, OR SO MUCH THEREOF AS
MAY BE NECESSARY, ARE MADE IN ORDER TO IMPLEMENT HB 971060,
ENACTED AT THE FIRST REGULAR SESSION OF THE SIXTYFIRST GENERAL
ASSEMBLY:
(a) FOR THE FISCAL YEAR BEGINNING JULY
1, 1997, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY
APPROPRIATED, FROM THE CAPITAL CONSTRUCTION FUND CREATED IN SECTION
2475302, C.R.S., TO THE CORRECTIONS EXPANSION RESERVE
FUND CREATED IN SECTION 171116, THE SUM OF SEVENTYTHREE
THOUSAND SIX HUNDRED THIRTYSIX DOLLARS ($73,636).
(b) FOR THE FISCAL YEAR BEGINNING JULY
1, 1998, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY
APPROPRIATED FROM THE GENERAL FUND TO THE DEPARTMENT OF CORRECTIONS,
THE SUM OF TWENTYTWO THOUSAND FOUR HUNDRED FIFTYEIGHT
DOLLARS ($22,458).
(c) FOR THE FISCAL YEAR BEGINNING JULY
1, 1999, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY
APPROPRIATED FROM THE GENERAL FUND TO THE DEPARTMENT OF CORRECTIONS,
THE SUM OF TWENTYTWO THOUSAND FOUR HUNDRED FIFTYEIGHT
DOLLARS ($22,458).
(d) FOR THE FISCAL YEAR BEGINNING JULY
1, 2000, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY
APPROPRIATED FROM THE GENERAL FUND TO THE DEPARTMENT OF CORRECTIONS,
THE SUM OF ELEVEN THOUSAND TWO HUNDRED TWENTYNINE DOLLARS
($11,229).
SECTION 6. Effective date
applicability. This act shall take effect
July 1, 1997, 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.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO