This information is prepared as an informational service only and should not be relied upon as an official record of action taken by the Colorado General Assembly.
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.