BY REPRESENTATIVES McElhany, Epps, Gotlieb, Hagedorn, Mace, and Morrison;
also SENATOR Wells.
CONCERNING THE EXTENSION OF THE STATUTORY LIMITATION
PERIOD FOR THEFT OF TRADE SECRETS.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 184408
(3), Colorado Revised Statutes, is amended to read:
184408. Theft of trade
secrets penalty. (3) (a) Theft
of a trade secret is a class 1 misdemeanor. A second or subsequent
offense under this section committed within five years after the
date of a prior conviction is a class 5 felony.
(b) NOTWITHSTANDING SECTION 165401
(1) (a), C.R.S., ANY PROSECUTION FOR VIOLATION OF THIS SECTION
SHALL BE COMMENCED WITHIN THREE YEARS AFTER DISCOVERY OF THE OFFENSE.
SECTION 2. 165401
(4.5), Colorado Revised Statutes, is amended, and the said 165401
is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
165401. Limitation for
commencing criminal proceedings.
(4.5) The period within which a prosecution
must be commenced shall begin to run upon discovery of the criminal
act for:
(a) Offenses relating to the "Uniform
Commercial Code", pursuant to part 5 of article 5 of title
18, C.R.S.;
(b) Computer crime, pursuant to article
5.5 of title 18, C.R.S.;
(c) Theft, pursuant to section 184401,
C.R.S.;
(d) THEFT OF TRADE SECRETS, PURSUANT TO
SECTION 184408, C.R.S.;
(e) Defacing or destruction of written
instruments, pursuant to section 184507, C.R.S.;
(f) Criminal simulation, pursuant to section
185110, C.R.S.;
(g) Obtaining signature by deception,
pursuant to section 185112, C.R.S.;
(h) Criminal impersonation, pursuant to
section 185113, C.R.S.;
(i) Offering a false instrument for recording,
pursuant to section 185114, C.R.S.;
(j) Dual contracts to induce loan, pursuant
to section 185208, C.R.S.;
(k) Issuing a false financial statement
or obtaining a financial transaction device by false statements,
pursuant to section 185209, C.R.S.;
(l) Unlawful activity concerning the selling
of land, pursuant to section 185302, C.R.S.;
(m) Offenses relating to equity skimming,
pursuant to part 8 of article 5 of title 18, C.R.S.;
(n) Offenses relating to bribery and corrupt
influences, pursuant to part 3 of article 8 of title 18, C.R.S.;
(o) Offenses relating to abuse of public office, pursuant to part 4 of article 8 of title 18, C.R.S.;
(p) Offenses relating to perjury, pursuant
to part 5 of article 8 of title 18, C.R.S.;
(q) Offenses relating to the "Colorado
Organized Crime Control Act", pursuant to article 17 of title
18, C.R.S.;
(r) Unlawful concealment of transactions,
pursuant to section 1111105, C.R.S.;
(s) Embezzlement or misapplication of
funds, pursuant to section 1111107, C.R.S.;
(t) Unlawful acts or omissions relating
to financial institutions, pursuant to section 1111108,
C.R.S.;
(u) Criminal offenses relating to industrial
banks, pursuant to section 1122114 (3), C.R.S.; and
(v) Criminal offenses relating to savings
and loan associations, pursuant to section 1141127,
C.R.S.
(11) NOTWITHSTANDING THE PROVISIONS OF
PARAGRAPH (a) OF SUBSECTION (1) OF THIS SECTION, THE PERIOD OF
TIME DURING WHICH A PERSON MAY BE PROSECUTED SHALL BE THREE YEARS
AFTER THE DISCOVERY OF THE OFFENSE AS TO ANY OFFENSE CHARGED UNDER
SECTION 184408, C.R.S. THIS SUBSECTION (11) SHALL
APPLY TO OFFENSES COMMITTED ON OR AFTER JULY 1, 1998.
SECTION 3. Effective date applicability.
This act shall take effect July 1,
1998, and shall apply to offenses committed on or after said date.
SECTION 4. 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.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Patricia K. Dicks
CHIEF CLERK OF THE HOUSE ASSISTANT SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO