Colorado Legislative Council Staff
NO FISCAL IMPACT
January 2, 1998
Susan Colling (866-4784)
TITLE: CONCERNING AUTHORIZING A COURT TO CONSIDER WHETHER A PERSON HAS BEEN CONVICTED OF AN INCHOATE OFFENSE IN FURTHERANCE OF AN ATTEMPT TO KILL THAT PERSON’S SPOUSE IN ENTERING ORDERS IN DOMESTIC RELATIONS CASES.
Summary of Legislation
This bill authorizes a court, when determining property disposition and spousal maintenance in dissolution of marriage and legal separation cases, to consider whether a party was convicted of attempting to, conspiring to, or soliciting to commit murder, in the first or second degree, or to commit manslaughter of their spouse or former spouse.
For the purposes of this proposed legislation, the bill defines “convicted” to mean pleading guilty to, entering a plea of nolo contendere to, or receiving a deferred judgment or deferred sentence.
Although the bill proposes possible action by a court, the impact on workload would be minimal and would be absorbed within existing resources. Therefore, the bill is assessed as having no impact on the state.
This bill would take effect August 15, 1998, or on the date of the official declaration of the vote of the people as proclaimed by the Governor, if a referendum petition is filed pursuant to Article V, Section 1 (3) of the State Constitution.
Department of Law