Colorado Legislative Council Staff
NO FISCAL IMPACT
January 3, 1998
Susan Colling (866-4784)
TITLE: CONCERNING THE EXPANSION OF THE DEFINITION OF UNLAWFUL ENTRY WHEN A PERSON IS IMMUNE FOR THE USE OF FORCE AGAINST AN INTRUDER.
Summary of Assessment
This bill clarifies that a person shall be immune from criminal and civil liability for the use of physical force against an intruder. Further, the bill specifies this immunity when the intruder enters or remains in a dwelling when that person is not licensed, invited, or otherwise privileged to do so.
The bill would take effect July 1, 1998, and would apply to offenses committed on or after that date.
The bill is assessed as having no fiscal impact. The bill broadens the definition under Section 18-1-704.5, Use of Deadly Physical Force Against an Intruder, by adding subsection (1.5). This addition would expand the statutory defense of a person who uses any degree of physical force, including deadly physical force, on a person who unlawfully enters or remains in a dwelling that the person is not licensed, invited, or otherwise privileged to do so. The bill further clarifies the parameters under which physical force may be used to continue to allow the person to be immune from criminal prosecution and civil liability from injuries or death resulting from such force. Therefore, the bill would have no fiscal impact.
Alternate Defense Counsel
Department of Corrections
Department of Law
State Public Defender