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First Regular Session

Sixty-first General Assembly

LLS NO. 97­0407.01 JBB HOUSE BILL 97­1075

STATE OF COLORADO

BY REPRESENTATIVE Chavez;

also SENATOR Rizzuto.

ENGROSSED

JUDICIARY

A BILL FOR AN ACT

CONCERNING THE VIOLENT APPLICATION OF FORCE AGAINST EMPLOYEES AT STATE FACILITIES, 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 which may be subsequently adopted.)

Includes within the definition of the crime of assault in the second degree the violent application of physical force, by someone confined or in custody, against a person engaged in the performance of his or her duties while employed by or under contract with the Colorado mental health institute at Pueblo or Fort Logan.


Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  18­3­203 (1) (f), Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended to read:

18­3­203.  Assault in the second degree. (1)  A person commits the crime of assault in the second degree if:

(f) (I) (A)  While lawfully confined or in custody, he OR SHE violently applies physical force against the person of a peace officer or fireman FIREFIGHTER engaged in the performance of his OR HER duties, or a judge of a court of competent jurisdiction, or an officer of said court; or

(B)  While lawfully confined or in custody as a result of being charged with or convicted of a crime, COMMITTED PURSUANT TO ARTICLE 8 OF TITLE 16, or as a result of being charged as a delinquent child or adjudicated as a delinquent child, he OR SHE violently applies physical force against a person engaged in the performance of his OR HER duties while employed by or under contract with a detention facility, as defined in section 18­8­203 (3), OR THE FORENSIC UNIT AT THE COLORADO MENTAL HEALTH INSTITUTE AT PUEBLO or while employed by the division in the department of human services responsible for youth services and who is ACTING AS a youth services counselor or is in the youth services worker classification series. and

(II)  IN ORDER TO CONVICT A PERSON FOR THE OFFENSE OF ASSAULT IN THE SECOND DEGREE UNDER THIS PARAGRAPH (f), THE PROSECUTION MUST SHOW THAT the person committing the offense knows or reasonably should know that the victim is a peace officer or fireman FIREFIGHTER engaged in the performance of his OR HER duties, or a judge of a court of competent jurisdiction, or an officer of said court, or a person engaged in the performance of his OR HER duties while employed by or under contract with a detention facility, OR THE FORENSIC UNIT AT THE COLORADO MENTAL HEALTH INSTITUTE AT PUEBLO or while employed by the division in the department of human services responsible for youth services.

(III)  A sentence imposed pursuant to this paragraph (f) shall be mandatory (and the court shall not grant probation or a suspended sentence, in whole or in part) and shall run consecutively with any sentences being served by the offender; except that, if the offense is committed against a person employed by the division in the department of human services responsible for youth services, the court may grant probation or a suspended sentence in whole or in part, and such sentence may run concurrently or consecutively with any sentences being served. A person who participates in a work release program, a furlough, or any other similar authorized supervised or unsupervised absence from a detention facility, as defined in section 18­8­203 (3), and who is required to report back to the detention facility at a specified time shall be deemed to be in custody.

SECTION 2. 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 HOUSE BILL 97­1075, ENACTED AT THE FIRST REGULAR SESSION OF THE SIXTY­FIRST GENERAL ASSEMBLY; and

SECTION 3.  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:

17-1-119.  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 HB 97-1075, ENACTED AT THE FIRST REGULAR SESSION OF THE SIXTY-FIRST 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 17-1-116, THE SUM OF SEVENTY-THREE THOUSAND SIX HUNDRED THIRTY-SIX DOLLARS ($73,636). THE APPROPRIATION MADE BY THIS SECTION SHALL BECOME AVAILABLE TO THE DEPARTMENT UPON PASSAGE OF HOUSE BILL 97­1075 AND, IF ANY PROJECT IS INITIATED WITHIN THE FISCAL YEAR, THE APPROPRIATION SHALL REMAIN AVAILABLE UNTIL COMPLETION OF ALL THE PROJECTS OR FOR A PERIOD OF THREE YEARS, WHICHEVER COMES FIRST, AT WHICH TIME THE UNEXPENDED AND UNENCUMBERED BALANCE SHALL REVERT TO THE CAPITAL CONSTRUCTION FUND.

(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 TWENTY-TWO THOUSAND FOUR HUNDRED FIFTY-EIGHT 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 TWENTY-TWO THOUSAND FOUR HUNDRED FIFTY-EIGHT 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 TWENTY-TWO THOUSAND FOUR HUNDRED FIFTY-EIGHT DOLLARS ($22,458).

(e) FOR THE FISCAL YEAR BEGINNING JULY 1, 2001, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED, FROM THE GENERAL FUND TO THE DEPARTMENT OF CORRECTIONS, THE SUM OF TWENTY-TWO THOUSAND FOUR HUNDRED FIFTY-EIGHT DOLLARS ($22,458).

SECTION 4. Effective date ­ applicability.  This act shall take effect July 1, 1997, 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.