First Regular Session
Sixty-first General Assembly
LLS NO. 970585.01 MTJ
SENATE BILL 97172
STATE OF COLORADO
BY SENATOR Rupert
JUDICIARY
A BILL FOR AN ACT
CONCERNING THE DELETION OF MANDATORY MINIMUM SENTENCES
OF INCARCERATION FOR NONVIOLENT FELONY OFFENSES.
Bill Summary
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
adopted.)
Deletes language in certain felony penalty statutes
that requires a court to impose a mandatory minimum sentence of
incarceration on a person convicted of a nonviolent felony offense.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 184202.1 (1), Colorado Revised Statutes, 1986 Repl. Vol., is amended to read:
184202.1. Habitual burglary
offenders punishment legislative declaration.
(1) Every person convicted in this state of first degree
burglary, first degree burglary of controlled substances, or second
degree burglary of a dwelling who, within ten years of
PRIOR TO the date of the commission of the said offense, has been
previously convicted upon charges separately brought and tried,
either in this state or elsewhere, of first degree burglary, first
degree burglary of drugs or first degree burglary of controlled
substances, or second degree burglary of a dwelling or, under
the laws of any other state, the United States, or any territory
subject to the jurisdiction of the United States, of a felony
which, if committed within this state, would be first degree burglary,
first degree burglary of drugs or first degree burglary of controlled
substances, or second degree burglary of a dwelling shall be adjudged
a habitual burglary offender and shall
MAY be sentenced to a term of incarceration greater
than the maximum in the presumptive range, but
OF not more than twice the maximum term,
IN THE PRESUMPTIVE RANGE provided for such offense in section
181105 (1) (a).
SECTION 2. 184413, Colorado Revised Statutes, 1986 Repl. Vol., is repealed as follows:
184413. Store defined.
(1) For purposes of this
section and section 184414, "store" means
any establishment primarily engaged in the sale of goods at retail.
(2) Any person convicted of felony
theft, which felony theft was from a store, who within the immediately
preceding four years was twice convicted of felony theft, which
felony theft was each time from a store, shall be sentenced to
at least the minimum term provided for such offense.
(3) The mandatory sentencing requirements
specified in subsection (2) of this section shall not apply when
the person is being sentenced pursuant to section 184401 (4).
SECTION 3. 184414, Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
184414. Evidence of value. (3) FOR PURPOSES OF THIS SECTION, "STORE" MEANS ANY ESTABLISHMENT PRIMARILY ENGAGED IN THE SALE OF GOODS AT RETAIL.
SECTION 4. 188212 (3), Colorado Revised Statutes, 1986 Repl. Vol., is amended to read:
188212. Violation of bail
bond conditions. (3) A
person convicted under this section shall not be eligible for
probation or a suspended sentence and shall be sentenced to imprisonment
of not less than one year for violation of subsection (1) of this
section and not less than six months for violation of subsection
(2) of this section. Any such
sentence SERVED BY A PERSON CONVICTED UNDER THIS SECTION shall
be served consecutively with any sentence for the offense on which
the person is on bail.
SECTION 5. 1812109 (5), Colorado Revised Statutes, 1986 Repl. Vol., is amended to read:
1812109. Possession, use,
or removal of explosives or incendiary devices possession
of components thereof persons exempt hoaxes.
(5) Any person who removes or causes to be removed
or carries away any explosive or incendiary device from the premises
where said explosive or incendiary device is kept by the lawful
user, vendor, transporter, or manufacturer thereof, without the
consent or direction of the lawful possessor, commits a class
4 felony. A person convicted of this
offense shall be subjected to a mandatory minimum sentence of
two years.
SECTION 6. 1818405 (3) (a), (4) (b), and (5), Colorado Revised Statutes, 1986 Repl. Vol., as amended, are amended to read:
1818405. Unlawful distribution,
manufacturing, dispensing, sale, or possession.
(3) (a) Except as otherwise provided in section
1818407 relating to special offenders, any person
convicted pursuant to paragraph (a) of subsection (2) of this
section for knowingly manufacturing, dispensing, selling, distributing,
possessing, or possessing with intent to manufacture, dispense,
sell, or distribute, or inducing, attempting to induce, or conspiring
with one or more other persons, to manufacture, dispense, sell,
distribute, possess, or possess with intent to manufacture, dispense,
sell, or distribute twentyeight grams or more of any material,
compound, mixture, or preparation which
THAT contains cocaine, as defined in section 1222303 (6.5),
C.R.S., shall be sentenced to the
department of corrections for at least the minimum term of incarceration
in the presumptive range provided for such offense in
PURSUANT TO section 181105 (1) (a).
(4) (b) If
the conviction is subsequent to a prior conviction for a violation
to which this subsection (4) applies, such person shall be sentenced
to the department of corrections for at least a minimum term of
twenty years notwithstanding a lesser minimum term of incarceration
in the presumptive range provided for such offense in section
181105 (1) (a).
(5) When a
person commits unlawful distribution, manufacture, dispensing,
sale, or possession with intent to manufacture, dispense, sell,
or distribute cocaine, pursuant to subsection (1) of this section,
twice or more within a period of six months, without having been
placed in jeopardy for the prior offense or offenses, and the
aggregate amount of cocaine involved equals or exceeds twentyeight
grams, the defendant shall be sentenced pursuant to the mandatory
sentencing requirements specified in subsection (3) of this section.
SECTION 7. The introductory portion to 1818407 (1), Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended to read:
1818407. Special offender.
(1) Upon a felony conviction under this part 4, the
presence of any one or more of the following extraordinary aggravating
circumstances designating the defendant a special offender shall
require the court to sentence the defendant to a term EQUAL TO
OR greater than the presumptive range
MINIMUM TERM for a class 2 felony but not more than twice the
maximum term for a class 2 felony authorized in the presumptive
range for the punishment of such felony:
SECTION 8. Effective date applicability. This act shall take effect July 1, 1997, and shall apply to sentences imposed on or after said date.
SECTION 9. 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.