HOUSE BILL 971186
BY REPRESENTATIVES Schwarz, Dean, Kreutz, Agler, K. Alexander, Allen, Anderson, Arrington, Bacon, C. Berry, Chavez, Entz, Epps, Hagedorn, Kaufman, Lawrence, Leyba, Mace, McElhany, McPherson, Miller, Morrison, Musgrave, Nichol, Pankey, Snyder, Sullivant, Taylor, Tucker, and Young;
also SENATORS Chlouber, B. Alexander, Arnold,
Bishop, Coffman, Congrove, Dennis, J. Johnson, Powers, Schroeder,
Tebedo, Wattenberg, Weddig, and Wham.
CONCERNING INMATE ASSAULTS ON EMPLOYEES OF DETENTION
FACILITIES THROUGH CONTACT WITH SUBSTANCES THAT MAY CAUSE INJURY
OR DISEASE, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 183203
(1), Colorado Revised Statutes, 1986 Repl. Vol., as amended, is
amended BY THE ADDITION OF A NEW PARAGRAPH to read:
183203. Assault in the
second degree. (1) A person
commits the crime of assault in the second degree if:
(f.5) (I) WHILE LAWFULLY CONFINED
IN A DETENTION FACILITY WITHIN THIS STATE, A PERSON WITH INTENT
TO INFECT, INJURE, HARM, HARASS, ANNOY, THREATEN, OR ALARM A PERSON
IN A DETENTION FACILITY WHOM THE ACTOR KNOWS OR REASONABLY SHOULD
KNOW TO BE AN EMPLOYEE OF A DETENTION FACILITY, CAUSES SUCH EMPLOYEE
TO COME INTO CONTACT WITH BLOOD, SEMINAL FLUID, URINE, FECES,
SALIVA, MUCUS, VOMIT, OR ANY TOXIC, CAUSTIC, OR HAZARDOUS MATERIAL
BY ANY MEANS, INCLUDING BUT NOT LIMITED TO THROWING, TOSSING,
OR EXPELLING SUCH FLUID OR MATERIAL.
(II) (A) ANY ADULT OR JUVENILE WHO
IS BOUND OVER FOR TRIAL FOR THE OFFENSE DESCRIBED IN SUBPARAGRAPH
(I) OF THIS PARAGRAPH (f.5) SUBSEQUENT TO A PRELIMINARY HEARING
OR AFTER HAVING WAIVED THE RIGHT TO A PRELIMINARY HEARING, ANY
PERSON WHO IS INDICTED FOR OR IS CONVICTED OF ANY SUCH OFFENSE,
OR ANY PERSON WHO IS DETERMINED TO HAVE PROVIDED BLOOD, SEMINAL
FLUID, URINE, FECES, SALIVA, MUCUS, OR VOMIT TO A PERSON BOUND
OVER FOR TRIAL FOR, INDICTED FOR, OR CONVICTED OF SUCH AN OFFENSE
SHALL BE ORDERED BY THE COURT TO SUBMIT TO A MEDICAL TEST FOR
COMMUNICABLE DISEASES AND TO SUPPLY BLOOD, FECES, URINE, SALIVA,
OR OTHER BODILY FLUID REQUIRED FOR THE TEST. THE RESULTS OF SUCH
TEST SHALL BE REPORTED TO THE COURT OR THE COURT'S DESIGNEE, WHO
SHALL THEN DISCLOSE THE RESULTS TO ANY VICTIM OF THE OFFENSE WHO
REQUESTS SUCH DISCLOSURE. REVIEW AND DISCLOSURE OF MEDICAL TEST
RESULTS BY THE COURT SHALL BE CLOSED AND CONFIDENTIAL, AND ANY
TRANSACTION RECORDS RELATING THERETO SHALL ALSO BE CLOSED AND
CONFIDENTIAL. IF A PERSON SUBJECT TO A MEDICAL TEST FOR COMMUNICABLE
DISEASES PURSUANT THIS SUBSUBPARAGRAPH (A) VOLUNTARILY SUBMITS
TO A MEDICAL TEST FOR COMMUNICABLE DISEASES, THE FACT OF SUCH
PERSON'S VOLUNTARY SUBMISSION SHALL BE ADMISSIBLE IN MITIGATION
OF SENTENCE IF THE PERSON IS CONVICTED OF THE CHARGED OFFENSE.
(B) IN ADDITION TO ANY OTHER PENALTY PROVIDED
BY LAW, THE COURT MAY ORDER ANY PERSON WHO IS CONVICTED OF THE
OFFENSE DESCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH (f.5)
TO MEET ALL OR ANY PORTION OF THE FINANCIAL OBLIGATIONS OF MEDICAL
TESTS PERFORMED ON AND TREATMENT PRESCRIBED FOR THE VICTIM OR
VICTIMS OF THE OFFENSE.
(C) AT THE TIME OF SENTENCING, THE COURT
MAY ORDER THAT AN OFFENDER DESCRIBED IN SUBSUBPARAGRAPH
(B) OF THIS SUBPARAGRAPH (II) BE PUT ON A PERIOD OF PROBATION
FOR THE PURPOSE OF PAYING THE TESTING AND TREATMENT COSTS OF THE
VICTIM OR VICTIMS; EXCEPT THAT THE PERIOD OF PROBATION, WHEN ADDED
TO ANY TIME SERVED, SHALL NOT EXCEED THE MAXIMUM SENTENCE THAT
CAN BE IMPOSED FOR THE OFFENSE.
(III) (A) AS USED IN THIS PARAGRAPH
(f.5), "DETENTION FACILITY" MEANS ANY BUILDING, STRUCTURE,
ENCLOSURE, VEHICLE, INSTITUTION, OR PLACE, WHETHER PERMANENT OR
TEMPORARY, FIXED OR MOBILE, WHERE PERSONS ARE OR MAY BE LAWFULLY
HELD IN CUSTODY OR CONFINEMENT UNDER THE AUTHORITY OF THE STATE
OF COLORADO OR ANY POLITICAL SUBDIVISION OF THE STATE OF COLORADO.
(B) AS USED IN THIS PARAGRAPH (f.5), "EMPLOYEE
OF A DETENTION FACILITY" INCLUDES EMPLOYEES OF THE DEPARTMENT
OF CORRECTIONS, EMPLOYEES OF ANY AGENCY OR PERSON OPERATING A
DETENTION FACILITY, LAW ENFORCEMENT PERSONNEL, AND ANY OTHER PERSONS
WHO ARE PRESENT IN OR IN THE VICINITY OF A DETENTION FACILITY
AND ARE PERFORMING SERVICES FOR A DETENTION FACILITY. "EMPLOYEE
OF A DETENTION FACILITY" DOES NOT INCLUDE A PERSON LAWFULLY
CONFINED IN A DETENTION FACILITY.
SECTION 2. 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:
171121. 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 971186,
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 TWO HUNDRED
TWENTYEIGHT THOUSAND TWO HUNDRED SEVENTYTWO DOLLARS
($228,272).
(b) FOR THE FISCAL YEAR BEGINNING JULY
1, 1998, 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 THREE HUNDRED
SIXTEEN THOUSAND SIX HUNDRED THIRTYFIVE DOLLARS ($316,635).
(c) FOR THE FISCAL YEAR BEGINNING JULY
1, 1999, 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 THREE HUNDRED
TWENTYTHREE THOUSAND NINE HUNDRED NINETYEIGHT DOLLARS
($323,998).
(d) FOR THE FISCAL YEAR BEGINNING JULY
1, 2000, 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 ONE HUNDRED
EIGHTYFOUR THOUSAND NINETY DOLLARS ($184,090).
(e) FOR THE FISCAL YEAR BEGINNING JULY
1, 2001, 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 ONE HUNDRED
FIFTYFOUR THOUSAND SIX HUNDRED THIRTYSIX DOLLARS ($154,636).
SECTION 3. The
introductory portion to 2475302 (2) and 2475302
(2) (j) and (2) (k), Colorado Revised Statutes, 1988 Repl. Vol.,
as amended, are amended, and the said 2475302 (2)
is further amended BY THE ADDITION OF THE FOLLOWING NEW PARAGRAPHS,
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
JULY 1, 2001, 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 TWO HUNDRED TWENTYEIGHT THOUSAND TWO HUNDRED SEVENTYTWO
DOLLARS PURSUANT TO H.B. 971186, ENACTED AT THE FIRST REGULAR
SESSION OF THE SIXTYFIRST GENERAL ASSEMBLY; and
(k) On July 1, 1998, fifty million dollars
PLUS THREE HUNDRED SIXTEEN THOUSAND SIX HUNDRED THIRTYFIVE
DOLLARS PURSUANT TO H.B. 971186, ENACTED AT THE FIRST REGULAR
SESSION OF THE SIXTYFIRST GENERAL ASSEMBLY;
(l) ON JULY 1, 1999, THREE HUNDRED TWENTYTHREE
THOUSAND NINE HUNDRED NINETYEIGHT DOLLARS PURSUANT TO H.B.
971186, ENACTED AT THE FIRST REGULAR SESSION OF THE SIXTYFIRST
GENERAL ASSEMBLY;
(m) ON JULY 1, 2000, ONE HUNDRED EIGHTYFOUR
THOUSAND NINETY DOLLARS PURSUANT TO H.B. 971186, ENACTED
AT THE FIRST REGULAR SESSION OF THE SIXTYFIRST GENERAL ASSEMBLY;
AND
(n) ON JULY 1, 2001, ONE HUNDRED FIFTYFOUR
THOUSAND SIX HUNDRED THIRTYSIX DOLLARS PURSUANT TO H.B.
971186, ENACTED AT THE FIRST REGULAR SESSION OF THE SIXTYFIRST
GENERAL ASSEMBLY.
SECTION 4. No
appropriation. The general assembly has determined that, with
regard to the operational costs of the department of corrections,
this act can be implemented within existing appropriations, and
therefore no additional appropriation of state moneys is necessary
to carry out the purposes of this act.
SECTION 5. Effective
date applicability. This act shall take effect July
1, 1997, 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.
____________________________ ____________________________
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