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Second Regular Session
Sixty-first General Assembly
LLS NO. 980296.01 JGG
HOUSE BILL 981045
STATE OF COLORADO
BY REPRESENTATIVE Sinclair;
also SENATOR Tebedo. REVISED
A BILL FOR AN ACT
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.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Authorizes a court to consider whether a person has
been convicted of, pled guilty to, or entered a plea of nolo contendere
to or who received a deferred judgment of deferred sentence for
attempting to, soliciting to, or conspiring to kill his or her
spouse or former spouse when determining property disposition
and spousal maintenance in dissolution of marriage and legal separation
cases. Defines "convicted".
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 1410113 (1), Colorado Revised Statutes, is amended to read:
1410113. Disposition of property. (1) In a proceeding for dissolution of marriage or in a proceeding for legal separation or in a proceeding for disposition of property following the previous dissolution of marriage by a court which at the time of the prior dissolution of the marriage lacked personal jurisdiction over the absent spouse or lacked jurisdiction to dispose of the property, the court shall set apart to each spouse his OR HER property and shall divide the marital property, without regard to marital misconduct EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN PARAGRAPH (e) OF THIS SUBSECTION (1), in such proportions as the court deems just after considering all relevant factors including:
(a) The contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as homemaker;
(b) The value of the property set apart to each spouse;
(c) The economic circumstances of each
spouse at the time the division of property is to become effective,
including the desirability of awarding the family home or the
right to live therein for reasonable periods to the spouse having
custody of any children;
(d) Any increases or decreases in the value of the separate property of the spouse during the marriage or the depletion of the separate property for marital purposes; AND
(e) (I) WHETHER A PARTY WAS CONVICTED OF ATTEMPTING TO, CONSPIRING TO, OR SOLICITING TO COMMIT MURDER OF SUCH PARTY'S SPOUSE OR FORMER SPOUSE WHO IS A PARTY TO THE ACTION, IN THE FIRST OR SECOND DEGREE AGAINST SUCH PARTY'S SPOUSE OR FORMER SPOUSE WHO IS A PARTY TO THE ACTION AS SAID CRIMES ARE DEFINED IN SECTIONS 183102 TO 183104, C.R.S.
(II) FOR THE PURPOSES OF THIS PARAGRAPH (e), "CONVICTED" MEANS PLEADING GUILTY TO, ENTERING A PLEA OF NOLO CONTENDERE TO, OR RECEIVING A DEFERRED JUDGMENT OR DEFERRED SENTENCE FOR A CRIME.
SECTION 2. 1410114 (2), Colorado Revised Statutes, is amended to read:
1410114. Maintenance. (2) The maintenance order shall be in such amounts and for such periods of time as the court deems just, without regard to marital misconduct EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN PARAGRAPH (g) OF THIS SUBSECTION (2), and after considering all relevant factors including:
(a) The financial resources of the party
seeking maintenance, including marital property apportioned to
PARTY, and his
THE PARTY'S ability to meet his OR HER needs independently, including
the extent to which a provision for support of a child living
with the party includes a sum for that party as custodian;
(b) The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment and that party's future earning capacity;
(c) The standard of living established during the marriage;
(d) The duration of the marriage;
(e) The age and the physical and emotional
condition of the spouse seeking maintenance;
(f) The ability of the spouse from whom maintenance is sought to meet his OR HER needs while meeting those of the spouse seeking maintenance; AND
(g) (I) WHETHER A PARTY WAS CONVICTED OF ATTEMPTING TO, CONSPIRING TO, OR SOLICITING TO COMMIT MURDER OF SUCH PARTY'S SPOUSE OR FORMER SPOUSE SEEKING MAINTENANCE, IN THE FIRST OR SECOND DEGREE AGAINST SUCH PARTY'S SPOUSE OR FORMER SPOUSE SEEKING MAINTENANCE AS SAID CRIMES ARE DEFINED IN SECTIONS 183102 TO 183104, C.R.S.
(II) FOR THE PURPOSES OF THIS PARAGRAPH (g), "CONVICTED" MEANS PLEADING GUILTY TO, ENTERING A PLEA OF NOLO CONTENDERE TO, OR RECEIVING A DEFERRED JUDGMENT OR DEFERRED SENTENCE FOR A CRIME.
SECTION 3. Effective date applicability. (1) This act shall take effect August 15, 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.
(2) The provisions of this act shall apply to causes of action filed on or after the applicable effective date of this act.