First Regular Session
Sixty-first General Assembly
LLS NO. 970639.01D JAP
HOUSE BILL 971201
STATE OF COLORADO
BY REPRESENTATIVES Musgrave and Adkins.
JUDICIARY
APPROPRIATIONS
A BILL FOR AN ACT
CONCERNING STATUTORY RAPE, AND, IN CONNECTION THEREWITH,
ESTABLISHING THE STATUTORY RAPE PREVENTION GRANT PROGRAM, 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.)
Establishes within the department of human services the statutory rape prevention grant program. Creates an oversight board for the program, and specifies the membership of the board. Instructs the board to:
Requires each grant application to specify measures to increase prosecution for statutory rape, increase the establishment of enforceable child support agreements in lieu of prosecution or as a condition of probation in such cases, and increase the number of paternity suits brought in cases involving statutory rape.
Instructs the department to submit an annual report to the general assembly, beginning January 15, 1998, including information showing whether program recipients have accomplished the required measures.
Repeals the statutory rape prevention grant program, effective July 1, 2002.
Raises the age for victims of second degree sexual
assault from less than 15 to less than 16 years of age, and eliminates
the requirement that the offender be at least 4 years older than
the victim.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Part 1 of article 1 of title 26, Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION to read:
261130. Statutory rape prevention grant program oversight board created grant criteria annual report repeal. (1) (a) THERE IS HEREBY CREATED THE STATUTORY RAPE PREVENTION GRANT PROGRAM TO ASSIST COUNTIES IN IMPLEMENTING MEASURES TO REDUCE THE OCCURRENCE OF TEEN PREGNANCY RESULTING FROM STATUTORY RAPE.
(b) FOR PURPOSES OF THIS SECTION, "STATUTORY RAPE" MEANS SECOND DEGREE SEXUAL ASSAULT AS DESCRIBED IN SECTION 183403 (1) (e), C.R.S., OR SEXUAL ASSAULT ON A CHILD AS DESCRIBED IN SECTION 183405 (1), C.R.S.
(2) (a) THERE IS HEREBY ESTABLISHED IN THE DEPARTMENT OF HUMAN SERVICES THE OVERSIGHT BOARD FOR THE STATUTORY RAPE PREVENTION GRANT PROGRAM, REFERRED TO IN THIS SECTION AS THE "BOARD". THE BOARD SHALL CONSIST OF THE EXECUTIVE DIRECTORS OF THE DEPARTMENT OF HUMAN SERVICES AND THE DEPARTMENT OF PUBLIC SAFETY, OR THEIR DESIGNEES, THE ATTORNEY GENERAL, OR HIS OR HER DESIGNEE, AND THE STATE COURT ADMINISTRATOR, OR HIS OR HER DESIGNEE. IN ADDITION, THE BOARD SHALL INCLUDE A REPRESENTATIVE OF A STATEWIDE ASSOCIATION OF DISTRICT ATTORNEYS, APPOINTED BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HUMAN SERVICES.
(b) THE BOARD SHALL ADMINISTER THE STATUTORY RAPE PREVENTION GRANT PROGRAM BY ESTABLISHING PROCEDURES BY WHICH COUNTIES MAY APPLY FOR GRANTS UNDER THE PROGRAM BY SUBMITTING PROPOSALS AS DESCRIBED IN SUBSECTION (3) OF THIS SECTION, SELECTING THOSE COUNTIES THAT WILL RECEIVE GRANTS UNDER THE PROGRAM, AND SPECIFYING THE AMOUNT OF EACH GRANT. IN SELECTING COUNTIES TO RECEIVE GRANTS UNDER THE PROGRAM, THE BOARD SHALL CONSIDER, BUT IS NOT LIMITED TO, THE FOLLOWING FACTORS:
(I) WHETHER THE COUNTY'S PROPOSAL IS LIKELY TO RESULT IN AGGRESSIVE AND EFFICIENT ACHIEVEMENT OF THE MEASURES SPECIFIED IN SUBSECTION (3) OF THIS SECTION;
(II) WHETHER THE COUNTY HAS A HIGH RATE OF STATUTORY RAPE OR OF TEEN PREGNANCY RESULTING FROM STATUTORY RAPE; AND
(III) THE NUMBER OF PROSECUTIONS BROUGHT IN THE COUNTY AGAINST MALES FOR STATUTORY RAPE.
(3) TO RECEIVE A GRANT THROUGH THE STATUTORY RAPE PREVENTION GRANT PROGRAM, A COUNTY SHALL SUBMIT A PROPOSAL TO THE BOARD OUTLINING THE MEASURES IT INTENDS TO TAKE TO ACHIEVE THE FOLLOWING GOALS:
(a) INCREASING THE NUMBER OF PROSECUTIONS OF MALES FOR STATUTORY RAPE;
(b) INCREASING THE ESTABLISHMENT OF ENFORCEABLE CHILD SUPPORT AGREEMENTS, IN LIEU OF PROSECUTION OR AS A CONDITION OF PROBATION, FOR MALES WHO ARE CONVICTED OF, PLEAD GUILTY TO, OR RECEIVE A DEFERRED JUDGMENT OR A DEFERRED SENTENCE FOR STATUTORY RAPE; AND
(c) INCREASING THE NUMBER OF CASE FILINGS TO ESTABLISH PATERNITY, PURSUANT TO SECTION 194107, C.R.S., WHERE THE PREGNANCY RESULTED FROM OR IS SUSPECTED TO HAVE RESULTED FROM STATUTORY RAPE.
(4) ANY GRANT AWARDED THROUGH THE STATUTORY RAPE PREVENTION GRANT PROGRAM SHALL BE PAID FROM MONEYS APPROPRIATED OUT OF THE GENERAL FUND FOR THE PROGRAM.
(5) (a) ON OR BEFORE JANUARY 15, 1998, AND ON OR BEFORE JANUARY 15 OF EVERY YEAR THEREAFTER, THE DEPARTMENT OF HUMAN SERVICES SHALL SUBMIT TO THE GENERAL ASSEMBLY A REPORT THAT SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, THE FOLLOWING INFORMATION FOR THE PRECEDING TWELVE MONTHS, IF AVAILABLE:
(I) THOSE COUNTIES THAT APPLIED FOR AND THOSE COUNTIES THAT RECEIVED GRANTS THROUGH THE STATUTORY RAPE PREVENTION GRANT PROGRAM;
(II) THE AMOUNT RECEIVED BY EACH COUNTY;
(III) FOR EACH COUNTY THAT RECEIVED A GRANT:
(A) THE NUMBER OF PROSECUTIONS OF MALES FOR STATUTORY RAPE;
(B) THE NUMBER OF CASES IN WHICH AN ENFORCEABLE CHILD SUPPORT AGREEMENT, IN LIEU OF PROSECUTION OR AS A CONDITION OF PROBATION, WAS ESTABLISHED FOR A MALE WHO WAS CONVICTED OF, PLEAD GUILTY TO, OR RECEIVED A DEFERRED JUDGMENT OR A DEFERRED SENTENCE FOR STATUTORY RAPE;
(C) THE NUMBER OF SUITS TO ESTABLISH PATERNITY, PURSUANT TO SECTION 194107, C.R.S., WHERE THE PREGNANCY RESULTED FROM OR WAS SUSPECTED OF RESULTING FROM STATUTORY RAPE; AND
(IV) THE RATE OF STATUTORY RAPE AND THE RATE OF TEEN PREGNANCY RESULTING FROM STATUTORY RAPE AT THE COMMENCEMENT AND THE CONCLUSION OF THE REPORTING PERIOD IN EACH COUNTY THAT RECEIVED A GRANT AND ANY CHANGE IN EITHER RATE DURING THE REPORTING PERIOD.
(b) ANY COUNTY THAT RECEIVES A GRANT UNDER THE STATUTORY RAPE PREVENTION GRANT PROGRAM, UPON REQUEST OF THE DEPARTMENT OF HUMAN SERVICES, SHALL PROVIDE ANY INFORMATION NECESSARY TO COMPLETE THE REPORT.
(6) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2002.
SECTION 2. 183403 (1) (e), Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended to read:
183403. Sexual assault in the second degree. (1) Any actor who knowingly inflicts sexual penetration or sexual intrusion on a victim commits sexual assault in the second degree if:
(e) At the time of the commission of the
act, the victim is less than fifteen
SIXTEEN years of age; and the actor
is at least four years older than the victim and is not the spouse
of the victim; or
SECTION 3. Appropriation. In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the department of human services for allocation to the statutory rape prevention grant program created in section 261130, Colorado Revised Statutes, for the fiscal year beginning July 1, 1997, the sum of ____________ dollars ($ ), or so much thereof as may be necessary, for the implementation of this act.
SECTION 4. Effective date applicability. This act shall take effect July 1, 1997, and section 2 of this act 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.