First Regular Session
Sixty-first General Assembly
LLS NO. 970633.01 JBB
HOUSE BILL 971288
STATE OF COLORADO
BY REPRESENTATIVE Grossman
A BILL FOR AN ACT
CONCERNING PROHIBITIONS AGAINST TARGETED RESIDENTIAL
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
Creates a class 3 misdemeanor crime for picketing
about a person's residence without his or her consent.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Part 1 of article 9 of title 18, Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION to read:
189108.5. Residential picketing legislative declaration. (1) (a) THE GENERAL ASSEMBLY HEREBY FINDS THAT:
(I) THE PROTECTION AND PRESERVATION OF THE HOME IS A COMPELLING STATE INTEREST;
(II) RESIDENTS OF COLORADO ARE ENTITLED TO ENJOY A FEELING OF WELLBEING, TRANQUILITY, AND PRIVACY IN THEIR HOMES AND DWELLINGS; AND
(III) THE PRACTICE OF PICKETING BEFORE OR ABOUT A RESIDENCE OR DWELLING CAUSES EMOTIONAL DISTURBANCES AND DISTRESS TO THE OCCUPANTS AND HAS, AS ITS OBJECT, THE HARASSMENT OF THE OCCUPANTS.
(b) THE GENERAL ASSEMBLY FURTHER FINDS THAT AMPLE ALTERNATIVE MEANS OF COMMUNICATION ARE AVAILABLE TO THOSE WHO WOULD CHOOSE TO ENGAGE IN PICKETING BEFORE A PERSON'S RESIDENCE.
(2) IT SHALL BE UNLAWFUL FOR ANY PERSON TO ENGAGE IN TARGETED RESIDENTIAL PICKETING BEFORE OR ABOUT ANY RESIDENCE IN THE STATE OF COLORADO.
(3) FOR PURPOSES OF THIS SECTION:
(a) "BEFORE OR ABOUT ANY RESIDENCE" MEANS ON OR IN THE STREET, SIDEWALK, ALLEY, OR ANY OTHER PUBLIC THOROUGHFARE OR PRIVATE PROPERTY ABUTTING OR ADJOINING A RESIDENCE.
(b) "RESIDENCE " MEANS THE HOME OR PLACE OF ABODE OF ONE OR MORE PERSONS.
(c) "TARGETED RESIDENTIAL PICKETING" MEANS SITTING, STANDING, WALKING, DRIVING, OR RIDING ANY TYPE OF A VEHICLE, OR OTHERWISE POSITIONING ONESELF, ALONE OR WITH ONE OR MORE INDIVIDUALS, BEFORE OR ABOUT AND DIRECTED AT A PARTICULAR RESIDENCE WITHOUT THE CONSENT OF AN OCCUPANT OF THE RESIDENCE WHILE COMMUNICATING OR ATTEMPTING TO COMMUNICATE INFORMATION CONCERNING ONE OR MORE OCCUPANTS OF THE RESIDENCE. "TARGETED RESIDENTIAL PICKETING" DOES NOT INCLUDE AN ORGANIZED MARCH OR DEMONSTRATION IN A RESIDENTIAL NEIGHBORHOOD NOT DIRECTED AT ONE OR MORE OCCUPANTS OF ONE OR MORE RESIDENCES.
(4) ANY PERSON WHO VIOLATES SUBSECTION (2) OF THIS SECTION COMMITS A CLASS 3 MISDEMEANOR.
SECTION 2. Effective date applicability. (1) This act shall take effect on January 1, 1998; except that, if a referendum petition is filed against this act or an item, section, or part of this act within the ninetyday period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor or January 1, 1998, whichever is later.
(2) The provisions of this act shall apply to offenses committed on or after the applicable effective date of this act.