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Second Regular Session
Sixty-first General Assembly
LLS NO. 980463.01 JGG
HOUSE BILL 981135
STATE OF COLORADO
BY REPRESENTATIVE Grossman;
also SENATOR Wham.
A BILL FOR AN ACT
CONCERNING ADDITION OF THE COMMISSION OF ETHNIC INTIMIDATION
AS AN AGGRAVATING FACTOR FOR PURPOSES OF SENTENCING IN CLASS 1
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Adds to the list of aggravating factors that the
panel of judges may consider in imposing sentence in a class 1
felony case, that the defendant committed the offense of ethnic
intimidation which resulted in the victim's death.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 1611103 (5) (m), Colorado Revised Statutes, is amended, and the said 1611103 (5) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:
1611103. Imposition of sentence in class 1 felonies appellate review. (5) For purposes of this section, aggravating factors shall be the following factors:
(m) The defendant intentionally killed a child who has not yet attained twelve years of age; OR
(n) THE DEFENDANT COMMITTED THE OFFENSE OF ETHNIC INTIMIDATION AS DESCRIBED IN SECTION 189121 (2), C.R.S., WHICH RESULTED IN THE DEATH OF THE VICTIM.
SECTION 2. Effective date applicability. (1) This act shall take effect at 12:01 a.m. on the day following the expiration of 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; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, 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 acts committed on or after the applicable effective date of this act.