Colorado Legislative Council Staff


(replaces Fiscal Note dated February 12, 1998)

Drafting Number:

Prime Sponsor(s):

LLS 98-454

Rep. Agler

Sen. Hopper


Bill Status:

Fiscal Analyst:

March 18, 1998

Senate Appropriations

Janis Baron (866-3523)



Summary of Assessment

            HB 98-1177 includes a number of provisions relative to sex offenders. The initial fiscal note on HB 98-1177 was limited to a discussion of the two provisions of the bill which had a fiscal impact:


               Section 3. 18-6-403. Sexual exploitation of children.

               Section 9. 16-13-202. Definitions.

            The bill no longer increases the penalty for sexual exploitation of a child by possession of sexually exploitative material from a class 1 misdemeanor to a class 5 felony; nor does it change the sentence term to one day to life for the crime of sexual assault on a child by one in a position of trust. Because these penalty and sentencing changes were removed from the bill, the fiscal impact was eliminated.


            Senate Judiciary Committee. As amended in the Senate Judiciary Committee, the bill includes Section 16-11.7-103 (1) (d.5), C.R.S., which increases the membership on the Sex Offender Management Board from 14 to 15 and requires that the additional member be a judge appointed by the Chief Justice of the Colorado Supreme Court. Because members serve without compensation, this provision does not create a fiscal impact. It is assumed that necessary meeting expenses will be reimbursed within existing operating expenses appropriations. Additionally, the bill now includes Section 24-33.5-415.5. Sex offender identification — fund. This provision of the bill requires that moneys in the fund shall consist of payments for genetic testing received from offenders pursuant to Section 16-11-204.3, C.R.S., and, to the extent said payments are insufficient to fund the costs, General Fund appropriations. The FY 1997-98 Long Bill included $75,409 General Fund for genetic testing of sex offenders. The FY 1998-99 Long Bill will include a General Fund appropriation of approximately $75,000 for the same purpose. No General Fund moneys are required under HB 98-1177.

            The bill is assessed as having no fiscal impact, and includes a “no appropriation” clause. HB 98-1177 is effective upon signature of the Governor and Section 18-3-412.5 (4), C.R.S., as amended in Section 1 of the act and Section 3 of the act shall apply to offenses committed on or after said date.

Departments Contacted

            Corrections                                         Public Safety

            Human Services                                 State Public Defender


            Legislative Council