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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0223.01 JJC HOUSE BILL 98­1091

STATE OF COLORADO

BY REPRESENTATIVE Epps;

also SENATOR Powers. REENGROSSED

JUDICIARY

APPROPRIATIONS

A BILL FOR AN ACT

CONCERNING INCREASED PENALTY FOR POSSESSION OF A WEAPON BY A FELON, AND MAKING AN APPROPRIATION THEREFOR.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

Increases the penalty for possession of a weapon by a convicted felon from a class 1 misdemeanor to a class 6 felony.

Makes a 5­year statutory appropriation.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  18­12­108 (2) (a) and (4) (a), Colorado Revised Statutes, are amended to read:

18­12­108.  Possession of weapons by previous offenders. (2) (a)  Except as otherwise provided by paragraphs (b) and (c) of this subsection (2), a person commits a class 1 misdemeanor CLASS 6 FELONY if the person violates subsection (1) of this section.

(4) (a)  Except as otherwise provided by paragraph PARAGRAPHS (b) AND (c) of this subsection (4), a person commits a class 1 misdemeanor CLASS 6 FELONY if the person violates subsection (3) of this section.

SECTION 2. 24-75-302 (2) (k), Colorado Revised Statutes, is amended to read:

24­75­302. Capital construction fund ­ capital assessment fees ­ calculation. (2) As of July 1, 1988, and July 1 of each year thereafter through July 1, 2001, a sum as specified in this subsection (2) shall accrue to the capital construction fund. The state treasurer and the controller shall transfer such sum out of the general fund and into the capital construction fund as moneys become available in the general fund during the fiscal year beginning on said July 1. Transfers between funds pursuant to this subsection (2) shall not be deemed to be appropriations subject to the limitations of section 24­75­201.1. The amount which shall accrue pursuant to this subsection (2) shall be as follows:

(k) On July 1, 1998, fifty million dollars plus three hundred sixteen thousand six hundred thirty­five dollars pursuant to H.B. 97­1186, enacted at the first regular session of the sixty-first general assembly, PLUS ONE HUNDRED THIRTY-TWO THOUSAND SIX HUNDRED FORTY-ONE DOLLARS PURSUANT TO H.B. 98-1091, ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTY-FIRST GENERAL ASSEMBLY;

SECTION 3.  Part 1 of article 1 of title 17, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

17­1­122.  Appropriation to comply with section 2­2­703 ­ HB 98­1091. (1)  PURSUANT TO SECTION 2­2­703, C.R.S., THE FOLLOWING STATUTORY APPROPRIATIONS, OR SO MUCH THEREOF AS MAY BE NECESSARY, ARE MADE IN ORDER TO IMPLEMENT HB 98­1091, ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTY­FIRST GENERAL ASSEMBLY:

(a)  FOR THE FISCAL YEAR BEGINNING JULY 1, 1998, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED, FROM THE CAPITAL CONSTRUCTION FUND CREATED IN SECTION 24-75-302, C.R.S. TO THE CORRECTIONS EXPANSION RESERVE FUND CREATED IN SECTION 17­1­116, THE SUM OF ONE HUNDRED THIRTY­TWO THOUSAND SIX HUNDRED FORTY­ONE DOLLARS ($132,641).

(b)  FOR THE FISCAL YEAR BEGINNING JULY 1, 1999, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED, FROM THE GENERAL FUND TO THE DEPARTMENT OF CORRECTIONS, THE SUM OF FORTY­FOUR THOUSAND THREE HUNDRED SIXTY­NINE DOLLARS ($44,369).

(c)  FOR THE FISCAL YEAR BEGINNING JULY 1, 2000, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED, FROM THE GENERAL FUND TO THE DEPARTMENT OF CORRECTIONS, THE SUM OF FORTY­FOUR THOUSAND THREE HUNDRED SIXTY­NINE DOLLARS ($44,369). (d)  FOR THE FISCAL YEAR BEGINNING JULY 1, 2001, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED, FROM THE GENERAL FUND TO THE DEPARTMENT OF CORRECTIONS, THE SUM OF FORTY­FOUR THOUSAND THREE HUNDRED SIXTY­NINE DOLLARS ($44,369).

(e)  FOR THE FISCAL YEAR BEGINNING JULY 1, 2002, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED, FROM THE GENERAL FUND TO THE DEPARTMENT OF CORRECTIONS, THE SUM OF FORTY­FOUR THOUSAND THREE HUNDRED SIXTY­NINE DOLLARS ($44,369).

SECTION 4. Effective date ­ applicability. This act shall take effect July 1, 1998, and shall apply to offenses committed on or after said date.

SECTION 5. 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.