HOUSE BILL 981160
BY REPRESENTATIVES Adkins, Arrington, Epps, George, Hagedorn, Mace, Nichol, Reeser, Schauer, and Tucker;
also SENATOR Wham.
CONCERNING SUBSTANTIVE CHANGES FOR THE STRENGTHENING
OF THE CRIMINAL LAWS, AND MAKING AN APPROPRIATION THEREFOR.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 4241710
(4), Colorado Revised Statutes, is amended to read:
4241710. Failure to pay
penalty for traffic infractions procedures.
(4) (a) If judgment is entered against a violator,
the violator shall be assessed an appropriate penalty and surcharge
thereon, a docket fee of sixteen dollars, and other applicable
costs authorized by section 1316122 (1), C.R.S. If
the violator had been cited by a penalty assessment notice, the
penalty shall be assessed pursuant to section 4241701
(4) (a). If a penalty assessment notice is prohibited by section
4241701 (5) (c), the penalty shall be assessed pursuant
to section 4241701 (3) (a).
(b) IN NO EVENT SHALL A BENCH WARRANT
BE ISSUED FOR THE ARREST OF ANY PERSON WHO FAILS TO APPEAR FOR
A HEARING PURSUANT TO SUBSECTION (2) OF THIS SECTION OR FOR A
FINAL HEARING PURSUANT TO SUBSECTION (3) OF THIS SECTION. ENTRY
OF JUDGMENT AND ASSESSMENT OF THE PENALTY AND SURCHARGE PURSUANT
TO PARAGRAPH (a) OF THIS SUBSECTION (4) AND ANY PENALTIES IMPOSED
PURSUANT TO SECTION 422127 SHALL CONSTITUTE THE SOLE
PENALTIES FOR FAILURE TO APPEAR FOR EITHER THE HEARING OR THE
FINAL HEARING.
SECTION 2. 2433.5106
(3), Colorado Revised Statutes, is amended to read:
2433.5106. Witness protection
board creation witness protection program
witness protection fund. (3) The
board shall create a witness protection program through which
the board may fund or provide for the security and protection
of a prosecution witness or potential prosecution witness in
DURING OR SUBSEQUENT TO an official proceeding or investigation
that involves great public interest or in
which AS A RESULT OF WHICH the board
determines that an offense such as intimidating a witness as described
in section 188704 or 188705, C.R.S., tampering
with a witness as described in section 188707, C.R.S.,
or retaliating against a witness as described in section 188706,
C.R.S., is likely to be committed. The board may also fund or
provide for the security and protection of the immediate family
of, or a person otherwise closely associated with, such witness
or potential witness if the family or person may also be endangered.
SECTION 3. 422125
(1) (k), (3), and (6), Colorado Revised Statutes, are amended
to read:
422125. Mandatory revocation
of license and permit. (1) The
department shall immediately revoke the license or permit of any
driver, minor driver, or provisional driver upon receiving a record
showing that such driver has:
(k) (I) Been convicted of any felony
offense provided for in section 1818404, 1818405,
or 1818406, C.R.S., or any attempt, conspiracy, or
solicitation to commit any said offense. For purposes of this
paragraph (k), a person has been convicted when such person has
been found guilty by a court or a jury, entered a plea of guilty
or nolo contendere, or received a deferred sentence for an offense.
(II) IN THE CASE OF A MINOR DRIVER OR
PROVISIONAL DRIVER, BEEN CONVICTED OF OR ADJUDICATED FOR ANY OFFENSE
PROVIDED FOR IN SECTION 1818404 (1) (b), 1818405
(2) (d) (I), OR 1818406 (1), (3) (a) (I), OR (4) (a)
(I),C.R.S., OR ANY COMPARABLE MUNICIPAL CHARTER OR ORDINANCE OFFENSE.
(3) Upon revoking the license of any person
as required by this section, the department shall immediately
notify the licensee as provided in section 422119
(2). Where a minor driver's or provisional driver's license is
revoked under paragraph
PARAGRAPH (k) (II), (m), or (n) of subsection (1) of this section,
such revocation shall not run concurrently with any previous or
subsequent suspension, revocation, cancellation, or denial which
THAT is provided for by law.
(6) (a) Any person under seventeen
years of age who has a minor driver's license revoked pursuant
to paragraph
PARAGRAPH (k) (II) OR (m) of subsection (1) of this section shall
be subject to a revocation period which
THAT shall continue for the period of time described hereafter:
(I) After one conviction, twentyfour
hours of public service if ordered by the court, or three months;
(II) After a second conviction, six months;
(III) After any third or subsequent conviction,
one year.
(b) Any person seventeen years of age
or older who has a minor driver's license revoked pursuant to
paragraph
PARAGRAPH (k) (II) OR (m) of subsection (1) of this section shall
be subject to a revocation period which
THAT shall continue for the period of time described hereafter:
(I) After one conviction, twentyfour
hours of public service if ordered by the court, or three months;
(II) After a second conviction, six months;
(III) After any third or subsequent conviction,
one year.
(c) Any person who has a provisional driver's
license revoked pursuant to paragraph
PARAGRAPH (k) (II) OR (m) of subsection (1) of this section shall
be subject to a revocation period which
THAT shall continue for the period of time described hereafter:
(I) After one conviction, twentyfour
hours of public service if ordered by the court, or three months;
(II) After a second conviction, six months;
(III) After any third or subsequent conviction,
one year.
SECTION 4. 1818404,
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
SUBSECTION to read:
1818404. Unlawful use of
a controlled substance. (4) IN
ADDITION TO ANY OTHER PENALTY IMPOSED BY THIS SECTION, UPON EACH
CONVICTION, ENTRY OF PLEA OF GUILTY OR NOLO CONTENDERE, OR RECEIPT
OF A DEFERRED SENTENCE FOR A NONFELONY VIOLATION OF THIS SECTION
OR ADJUDICATION AS A DELINQUENT FOR AN ACT THAT WOULD CONSTITUTE
A NONFELONY VIOLATION OF THIS SECTION IF COMMITTED BY AN ADULT,
ANY DRIVER'S PERMIT, MINOR DRIVER'S LICENSE, OR PROVISIONAL DRIVER'S
LICENSE HELD BY THE OFFENDER SHALL BE REVOKED AS PROVIDED IN SECTION
422125, C.R.S.
SECTION 5. 1818405,
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
SUBSECTION to read:
1818405. Unlawful distribution,
manufacturing, dispensing, sale, or possession.
(6) IN ADDITION TO ANY OTHER PENALTY IMPOSED BY THIS
SECTION, UPON EACH CONVICTION, ENTRY OF PLEA OF GUILTY OR NOLO
CONTENDERE, OR RECEIPT OF A DEFERRED SENTENCE FOR A NONFELONY
VIOLATION OF THIS SECTION OR ADJUDICATION AS A DELINQUENT FOR
AN ACT THAT WOULD CONSTITUTE A NONFELONY VIOLATION OF THIS SECTION
IF COMMITTED BY AN ADULT, ANY DRIVER'S PERMIT, MINOR DRIVER'S
LICENSE, OR PROVISIONAL DRIVER'S LICENSE HELD BY THE OFFENDER
SHALL BE REVOKED AS PROVIDED IN SECTION 422125, C.R.S.
SECTION 6. 1818406,
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
SUBSECTION to read:
1818406. Offenses relating
to marihuana and marihuana concentrate.
(12) IN ADDITION TO ANY OTHER PENALTY IMPOSED BY THIS
SECTION, UPON EACH CONVICTION, ENTRY OF PLEA OF GUILTY OR NOLO
CONTENDERE, OR RECEIPT OF A DEFERRED SENTENCE FOR A NONFELONY
VIOLATION OF THIS SECTION OR ADJUDICATION AS A DELINQUENT FOR
AN ACT THAT WOULD CONSTITUTE A NONFELONY VIOLATION OF THIS SECTION
IF COMMITTED BY AN ADULT, ANY DRIVER'S PERMIT, MINOR DRIVER'S
LICENSE, OR PROVISIONAL DRIVER'S LICENSE HELD BY THE OFFENDER
SHALL BE REVOKED AS PROVIDED IN SECTION 422125, C.R.S.
SECTION 7. 422124 (4), Colorado Revised Statutes, is amended to read:
422124. When court to report
convictions. (4) For the purposes
of section 422125 (1)
(m) and (1) (n), SECTION 422125
(1) (k) (II), (1) (m), AND (1) (n), an adjudication of delinquency
under title 19, C.R.S., for the acts described in such paragraphs
PARAGRAPHS (k) (II), (m), and (n) shall be considered to be a
conviction for purposes of this section. However, an expungement
of an adjudication of delinquency shall not result in a recision
of the revocation of the driving privilege unless said expungement
is a result of a reversal of the adjudication on appeal.
SECTION 8. 422130,
Colorado Revised Statutes, is amended to read:
422130. Mandatory surrender
of license or permit for drug convictions.
Immediately upon a plea of guilty or nolo contendere or a verdict
of guilty by the court or a jury to OR ADJUDICATION FOR an offense
for which revocation of a license or permit is mandatory pursuant
to section 422125 (1) (k), the court shall require
the offender to immediately surrender the offender's driver's,
minor driver's, provisional driver's, or temporary driver's license
or instruction permit to the court. The court shall forward to
the department a notice of plea or verdict on the form prescribed
by the department, together with the offender's license or permit,
not later than ten days after the surrender of the license or
permit. Any person who does not immediately surrender such person's
license or permit to the court commits a class 2 misdemeanor traffic
offense, unless such person swears or affirms under oath administered
by the court and subject to the penalties of perjury, that the
license or permit has been lost, destroyed, or is not in said
person's immediate possession. Any person who swears or affirms
that the license or permit is not in the immediate possession
of said person shall surrender said license or permit to the court
within five days of the sworn or affirmed statement, and, if not
surrendered within such time, said person commits a class 2 misdemeanor
traffic offense.
SECTION 9. 427406
(1), Colorado Revised Statutes, is amended to read:
427406. Proof required
under certain conditions. (1) Whenever
the director revokes the license of any person under section 422125
or 422126, or cancels any license under section 422122
because of the licensee's inability to operate a motor vehicle
because of physical or mental incompetence, or cancels any probationary
license under section 422127, the director shall not
issue to or continue in effect for any such person any new or
renewal of license until permitted under the motor vehicle laws
of this state, and not then until and unless such person files
or has filed and maintains proof of financial responsibility as
provided in this article; except that persons whose licenses are
canceled pursuant to section 422122 (2.5), revoked
pursuant to section 422125
SECTION 422125 (1) (k) (II), (1) (m), or (1) (n),
revoked for a first offense under section 422125 (1)
(g.5) or a first offense under section 422126 (2)
(a) (I.5) or (2) (a) (IV), or denied pursuant to section 422104
(3) (f) based upon a conviction under section 184509
(2), C.R.S., or any counterpart municipal charter or ordinance
offense to such section, shall not be required to file proof of
financial responsibility in order to be relicensed.
SECTION 10. 184401
(4) and (8), Colorado Revised Statutes, are amended to read:
184401. Theft.
(4) When a person commits theft twice or more within
a period of six months without having been placed in jeopardy
for the prior offense or offenses, and the aggregate value of
the things involved is four
FIVE hundred dollars or more but less than fifteen thousand dollars,
it is a class 4 felony; however, if the aggregate value of the
things involved is fifteen thousand dollars or more, it is a class
3 felony.
(8) A municipality shall have concurrent
power to prohibit theft, by ordinance, where the value of the
thing involved is less than four
FIVE hundred dollars.
SECTION 11. 1611201
(4) (a) (II), Colorado Revised Statutes, is amended to read:
1611201. Application for
probation. (4) (a) (II) The
restrictions upon eligibility for probation in subsection (2)
of this section may be waived upon a recommendation of the district
attorney approved by an order of the sentencing court after a
showing that the defendant is a nonviolent offender, as defined
in section 1611101 (1) (b.5) (II) (B), and that any
prior felony conviction for the defendant was not for a crime
of violence, as defined in section 1611309 (2), one
of the felonies set forth in section 183104, 184203,
184301, or 184401 (2) (c), (2) (d), or
(5), C.R.S., or a felony offense committed against a child as
set forth in articles 3, 6, and 7 of title 18, C.R.S., or under
the laws of another state or the United States that, if committed
in this state, would be a crime of violence, manslaughter, second
degree burglary, robbery, theft of property worth four
FIVE hundred dollars or more, theft from the person of another
by means other than the use of force, threat, or intimidation,
or a felony offense committed against a child.
SECTION 12. 184402
(3), (4), and (6), Colorado Revised Statutes, are amended to read:
184402. Theft of rental
property. (3) Theft of rental
property is a class 2 misdemeanor where the value of the property
involved is one hundred dollars or more and is less than four
FIVE hundred dollars.
(4) Theft of rental property is a class
5 felony where the value of the property involved is four
FIVE hundred dollars or more but less than fifteen thousand dollars.
(6) When a person commits theft of rental
property twice or more within a period of six months without having
been placed in jeopardy for the prior offense or offenses, and
the aggregate value of the property involved is four
FIVE hundred dollars or more but less than fifteen thousand dollars,
it is a class 5 felony; however, if the aggregate value of the
property involved is fifteen thousand dollars or more, it is a
class 3 felony.
SECTION 13. 184410
(3), (4), and (6), Colorado Revised Statutes, are amended, and
the said 184410 is further amended BY THE ADDITION
OF A NEW SUBSECTION, to read:
184410. Theft by receiving.
(3) Where the value of the thing involved is one hundred
dollars or more but less than four
FIVE hundred dollars, theft by receiving is a class 2 misdemeanor.
(4) Where the value of the thing involved
is four
FIVE hundred dollars or more but less than fifteen thousand dollars,
theft by receiving is a class 4 felony.
(6) When the aggregate value of the thing
or things involved is four
FIVE hundred dollars or more and the person committing theft by
receiving is engaged in the business of buying, selling, or otherwise
disposing of stolen goods for a profit, theft by receiving is
a class 3 felony.
(7) WHEN A PERSON COMMITS THEFT BY RECEIVING
TWICE OR MORE WITHIN A PERIOD OF SIX MONTHS WITHOUT HAVING BEEN
PLACED IN JEOPARDY FOR THE PRIOR OFFENSES AND THE AGGREGATE VALUE
OF THE THINGS INVOLVED IS FIVE HUNDRED DOLLARS OR MORE IT IS A
CLASS 3 FELONY.
SECTION 14. 184501, Colorado Revised Statutes, is amended to read:
184501. Criminal mischief.
Any person who knowingly damages the real or personal property
of one or more other persons in the course of a single criminal
episode commits a class 3 misdemeanor where the aggregate damage
to the real or personal property is less than one hundred dollars.
Where the aggregate damage to the real or personal property is
one hundred dollars or more but less than four
FIVE hundred dollars, such person commits a class 2 misdemeanor.
Where the aggregate damage to the real or personal property is
four
FIVE hundred dollars or more but less than fifteen thousand dollars,
such person commits a class 4 felony. Where the aggregate damage
to the real or personal property is fifteen thousand dollars or
more, such person commits a class 3 felony.
SECTION 15. 185205
(3) (b) and (3) (c), Colorado Revised Statutes, are amended to
read:
185205. Fraud by check
definitions penalties.
(3) Fraud by check is:
(b) A class 2 misdemeanor if the fraudulent
check was for the sum of one hundred dollars or more and less
than four
FIVE hundred dollars or if the offender is convicted of fraud
by check involving the issuance of two or more checks within any
sixtyday period in the state of Colorado totaling one hundred
dollars or more and less than four
FIVE hundred dollars in the aggregate;
(c) A class 6 felony if the fraudulent
check was for the sum of four
FIVE hundred dollars or more, or if the offender is convicted
of fraud by check involving the issuance of two or more checks
within any sixtyday period in the state of Colorado totaling
four
FIVE hundred dollars or more in the aggregate, or if the offender
has been twice previously convicted under this section or a former
statute of this state of similar content and purport;
SECTION 16. 185206
(1) (b), (1) (c), (2) (b), and (2) (c), Colorado Revised Statutes,
are amended to read:
185206. Defrauding a secured
creditor or debtor. (1) If
a person, with intent to defraud a creditor by defeating, impairing,
or rendering worthless or unenforceable any security interest,
sells, assigns, transfers, conveys, pledges, encumbers, conceals,
destroys, or disposes of any collateral subject to a security
interest:
(b) Such person commits a class 2 misdemeanor
if the value of the collateral is one hundred dollars or more
but less than four
FIVE hundred dollars;
(c) Such person commits a class 5 felony
if the value of the collateral is four
FIVE hundred dollars or more but less than fifteen thousand dollars;
and
(2) If a creditor, with intent to defraud
a debtor, sells, assigns, transfers, conveys, pledges, buys, or
encumbers a promissory note or contract signed by the debtor:
(b) Such creditor commits a class 2 misdemeanor
if the amount owing on such note or contract is one hundred dollars
or more but less than four
FIVE hundred dollars;
(c) Such creditor commits a class 5 felony
if the amount owing on such note or contract is four
FIVE hundred dollars or more but less than fifteen thousand dollars;
and
SECTION 17. 185702
(3) (b) and (3) (c), Colorado Revised Statutes, are amended to
read:
185702. Unauthorized use
of a financial transaction device. (3) Unauthorized
use of a financial transaction device is:
(b) A class 2 misdemeanor if the value
of the cash, credit, property, or services obtained or of the
financial payments made is one hundred dollars or more but less
than four
FIVE hundred dollars;
(c) A class 5 felony if the value of the
cash, credit, property, or services obtained or of the financial
payments made is four
FIVE hundred dollars or more but less than fifteen thousand dollars;
SECTION 18. 185.5102
(3), Colorado Revised Statutes, is amended to read:
185.5102. Computer crime.
(3) If the loss, damage, or thing of value taken in
violation of this section is less than one hundred dollars, computer
crime is a class 3 misdemeanor; if one hundred dollars or more
but less than four
FIVE hundred dollars, computer crime is a class 2 misdemeanor;
if four
FIVE hundred dollars or more but less than fifteen thousand dollars,
computer crime is a class 5 felony; if fifteen thousand dollars
or more, computer crime is a class 3 felony.
SECTION 19. 186.5103
(5), Colorado Revised Statutes, is amended to read:
186.5103. Crimes against
atrisk adults and atrisk juveniles classifications.
(5) Any person who commits theft, and commits any
element or portion of the offense in the presence of the victim,
as such crime is described in section 184401 (1),
and the victim is an atrisk adult or an atrisk juvenile,
commits a class 5 felony if the value of the thing involved is
less than four
FIVE hundred dollars or a class 3 felony if the value of the thing
involved is four
FIVE hundred dollars or more. Theft from the person of an atrisk
adult or an atrisk juvenile by means other than the use
of force, threat, or intimidation is a class 4 felony without
regard to the value of the thing taken.
SECTION 20. 262306
(2) (b) and (2) (c), Colorado Revised Statutes, are amended to
read:
262306. Trafficking in
food stamps. (2) Trafficking
in food stamps is:
(b) A class 2 misdemeanor under section
181106, C.R.S., if the value of the food stamps is
one hundred dollars or more but less than four
FIVE hundred dollars;
(c) A class 4 felony under section 181105,
C.R.S., if the value of the food stamps is four
FIVE hundred dollars or more but less than fifteen thousand dollars;
SECTION 21. 264504
(8) (d) (II) and (8) (d) (III), Colorado Revised Statutes, are
amended to read:
264504. Personal needs
benefits amount patient personal needs trust fund
required funeral and burial expenses penalty for
illegal retention and use. (8) (d) Unlawful
use of a patient personal needs trust fund is:
(II) A class 2 misdemeanor, if the amount
involved is one hundred dollars or more but less than four
FIVE hundred dollars;
(III) A class 4 felony, if the amount
involved is four
FIVE hundred dollars or more but less than fifteen thousand dollars;
SECTION 22. 425103
(2) (a) and (2) (b), Colorado Revised Statutes, are amended to
read:
425103. Tampering with
a motor vehicle. (2) Tampering
with a motor vehicle is:
(a) A class 2 misdemeanor if the damage
is less than four
FIVE hundred dollars;
(b) A class 5 felony if the damage is
four
FIVE hundred dollars or more but less than fifteen thousand dollars;
SECTION 23. 425104
(2) (a) and (2) (b), Colorado Revised Statutes, are amended to
read:
425104. Theft of motor
vehicle parts. (2) Theft of
motor vehicle parts is:
(a) A class 2 misdemeanor if the value
of the thing involved is less than four
FIVE hundred dollars;
(b) A class 5 felony if the value of the
thing involved is four
FIVE hundred dollars or more but less than fifteen thousand dollars;
SECTION 24. 186.5103,
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
SUBSECTION to read:
186.5103. Crimes against
atrisk adults and atrisk juveniles classifications.
(8) FOR PURPOSES OF SUBSECTIONS (3) TO (7) OF THIS
SECTION, COMMISSION OF THE OFFENSES DESCRIBED IN SAID SUBSECTIONS
SHALL INCLUDE THE ATTEMPT, SOLICITATION, OR CONSPIRACY TO COMMIT
SUCH OFFENSES.
SECTION 25. 183202
(2) (c), Colorado Revised Statutes, is amended to read:
183202. Assault in the
first degree. (2) (c) If
a defendant is convicted of assault in the first degree pursuant
to paragraph (a), (c), (e), (e.5),
or (f) of subsection (1) of this
section, the court shall sentence the defendant in accordance
with the provisions of section 1611309, C.R.S.
SECTION 26. 183203
(2) (c), Colorado Revised Statutes, is amended to read:
183203. Assault in the
second degree. (2) (c) If
a defendant is convicted of assault in the second degree pursuant
to paragraph (a),
(b), (c), (d), or (g) of subsection (1) of this section or paragraph
(b.5) of this subsection (2), except with respect to sexual assault
in the first degree, the court shall sentence the defendant in
accordance with the provisions of section 1611309,
C.R.S. A defendant convicted of assault in the second degree
pursuant to paragraph (b.5) of this subsection (2) WITH RESPECT
TO SEXUAL ASSAULT IN THE FIRST DEGREE shall be sentenced in accordance
with section 181105 (9) (e).
SECTION 27. 183304
(1) and (2), Colorado Revised Statutes, are amended, and the said
183304 is further amended BY THE ADDITION OF A NEW
SUBSECTION, to read:
183304. Violation of custody.
(1) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (2.5)
OF THIS SECTION, any person, including a natural or foster parent,
who, knowing that he OR SHE has no privilege to do so or heedless
in that regard, takes or entices any child under the age of eighteen
years from the custody of his OR HER parents, guardian, or other
lawful custodian commits a class 5 felony.
(2) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION
(2.5) OF THIS SECTION, any parent or other person who violates
an order of any district or juvenile court of this state, granting
the custody of a child under the age of eighteen years to any
person, agency, or institution, with the intent to deprive the
lawful custodian of the custody of a child under the age of eighteen
years, commits a class 5 felony.
(2.5) ANY PERSON WHO, IN THE COURSE OF
COMMITTING THE OFFENSES DESCRIBED IN SUBSECTIONS (1) AND (2) OF
THIS SECTION, REMOVES A CHILD UNDER THE AGE OF EIGHTEEN YEARS
FROM THIS COUNTRY COMMITS A CLASS 4 FELONY.
SECTION 280 1811001
(1) and the introductory portion to 1811001 (3), Colorado
Revised Statutes, are amended, and the said 1811001
is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
1811001. Restraining order
against defendant. (1) There
is hereby created a mandatory restraining order against any person
charged with a violation of any of the provisions of this title,
which order shall remain in effect from the time that the person
is advised of his or her rights at arraignment or the person's
first appearance before the court and informed of such order until
final disposition of the action. or,
in the case of an appeal, until disposition of the appeal.
Such order shall restrain the person charged from harassing,
molesting, intimidating, retaliating against, or tampering with
any witness to or victim of the acts charged. The restraining
order issued pursuant to this section shall be on a standardized
form prescribed by the judicial department and a copy shall be
provided to the protected parties.
(3) Nothing in this section shall preclude
the defendant from applying to the court at any time for modification
or dismissal of the restraining order issued pursuant to this
section or the district attorney from applying to the court at
any time for further orders, additional provisions under the restraining
order, or modification or dismissal of the same. The trial court
shall retain jurisdiction to enforce, modify, or dismiss the restraining
order during the pendency of any appeal
that may be brought UNTIL FINAL DISPOSITION
OF THE ACTION. Upon motion of the district attorney, or on the
court's motion to protect the alleged victim, the court may, in
cases involving domestic violence as defined in section 186800.3
(1), enter any of the following further orders against the defendant:
(8) FOR PURPOSES OF THIS SECTION:
(a) "COURT" MEANS THE TRIAL
COURT OR A DESIGNEE OF THE TRIAL COURT.
(b) "UNTIL FINAL DISPOSITION OF THE
ACTION" MEANS UNTIL THE CASE IS DISMISSED, UNTIL THE DEFENDANT
IS ACQUITTED, OR UNTIL THE DEFENDANT COMPLETES HIS OR HER SENTENCE.
ANY DEFENDANT SENTENCED TO PROBATION OR INCARCERATION SHALL BE
DEEMED TO HAVE COMPLETED HIS OR HER SENTENCE UPON DISCHARGE FROM
PROBATION OR INCARCERATION, AS THE CASE MAY BE.
SECTION 290 182301
(1), Colorado Revised Statutes, is amended to read:
182301. Criminal solicitation. (1) Except as to bona fide acts of persons authorized by law to investigate and detect the commission of offenses by others, a person is guilty of criminal solicitation if he OR SHE commands, induces, entreats, or otherwise attempts to persuade another person, OR OFFERS HIS OR HER SERVICES OR ANOTHER'S SERVICES TO A THIRD PERSON, to commit a felony, whether as principal or accomplice, with intent to promote or facilitate the commission of that crime, and under circumstances strongly corroborative of that intent.
SECTION 300 1818405
(5), Colorado Revised Statutes, is amended to read:
1818405. Unlawful distribution,
manufacturing, dispensing, sale, or possession.
(5) When a person commits unlawful distribution, manufacture,
dispensing, sale, or possession with intent to manufacture, dispense,
sell, or distribute cocaine, pursuant to subsection (1) of this
section, twice or more within a period of six months, without
having been placed in jeopardy for the prior offense or offenses,
and the aggregate amount of cocaine involved equals or exceeds
twentyeight
TWENTYFIVE grams, the defendant shall be sentenced pursuant
to the mandatory sentencing requirements specified in subsection
(3) of this section.
SECTION 310 184502,
Colorado Revised Statutes, is amended to read:
184502. First degree criminal
trespass. A person commits the crime
of first degree criminal trespass if such person knowingly and
unlawfully enters or remains in a dwelling of another or if such
person enters any motor vehicle with
intent to steal anything of value or
with intent to commit a crime therein. First degree criminal
trespass is a class 5 felony.
SECTION 320 4241601
(2) (b), Colorado Revised Statutes, is amended to read:
4241601. Accidents involving
death or personal injuries duties.
(2) Any person who violates any provision of this
section commits:
(b) A class
1 misdemeanor CLASS 5 FELONY if the
accident resulted in serious bodily injury to any person;
SECTION 330 183405.3,
Colorado Revised Statutes, is amended to read:
183405.3. Sexual assault
on a child by one in a position of trust.
(1) Any actor who knowingly subjects another not his
or her spouse to any sexual contact commits sexual assault on
a child by one in a position of trust if the victim is a child
less than eighteen years of age and the actor committing the offense
is one in a position of trust with respect to the victim.
(2) Sexual assault on a child by one in a position of trust is a class 3 felony if:
(a) The victim is less than fifteen years
of age; and
OR
(b) THE ACTOR COMMITS THE OFFENSE AS A
PART OF A PATTERN OF SEXUAL ABUSE AS DESCRIBED IN SUBSECTION (1)
OF THIS SECTION. NO SPECIFIC DATE OR TIME NEED BE ALLEGED FOR
THE PATTERN OF SEXUAL ABUSE; EXCEPT THAT THE ACTS CONSTITUTING
THE PATTERN OF SEXUAL ABUSE MUST HAVE BEEN COMMITTED WITHIN TEN
YEARS PRIOR TO THE OFFENSE CHARGED IN THE INFORMATION OR INDICTMENT.
THE OFFENSE CHARGED IN THE INFORMATION OR INDICTMENT SHALL CONSTITUTE
ONE OF THE INCIDENTS OF SEXUAL CONTACT INVOLVING A CHILD NECESSARY
TO FORM A PATTERN OF SEXUAL ABUSE AS DEFINED IN SECTION 183401 (2.5).
(3) SEXUAL ASSAULT ON A CHILD BY ONE IN
A POSITION OF TRUST is a class 4 felony if the victim is fifteen
years of age or older but less than eighteen years of age AND
THE OFFENSE IS NOT COMMITTED AS PART OF A PATTERN OF SEXUAL ABUSE,
AS DESCRIBED IN PARAGRAPH (b) OF SUBSECTION (2) OF THIS SECTION.
(4) IF A DEFENDANT IS CONVICTED OF THE
CLASS 3 FELONY OF SEXUAL ASSAULT ON A CHILD PURSUANT TO PARAGRAPH
(b) OF SUBSECTION (2) OF THIS SECTION, THE COURT SHALL SENTENCE
THE DEFENDANT IN ACCORDANCE WITH THE PROVISIONS OF SECTION 1611309,
C.R.S.
SECTION 340 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 CLASS
1 FELONY AGAINST THE VICTIM BECAUSE OF THE VICTIM'S RACE, COLOR,
ANCESTRY, RELIGION, OR NATIONAL ORIGIN.
SECTION 350 432201.1
(1), Colorado Revised Statutes, is amended to read:
432201.1. Closure of public
highways extending to public lands penalty.
(1) Any person, other than a governing body of a municipality
or county acting pursuant to part 3 of this article, who intentionally
blocks, obstructs, or closes any public highway, as described
in section 432201, which
THAT extends to any public land, including public land belonging
to the federal government, thereby closing public access to public
lands, without good cause therefor, commits a class
3 CLASS 1 misdemeanor and shall be
punished as provided in section 181106, C.R.S.
SECTION 360 1818206
(2) (a), Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW SUBPARAGRAPH to read:
1818206. Schedule IV.
(2) Unless specifically excepted by Colorado or federal
law or Colorado or federal regulation or more specifically included
in another schedule, the following controlled substances are listed
in schedule IV:
(a) Any material, compound, mixture, isomers
or salts or isomers, or preparation containing any of the following
narcotic drugs, or their salts calculated as the free anhydrous
base or alkaloid, in limited quantities as follows:
(III) BUTORPHANOL;
SECTION 370 1722.5403,
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
SUBSECTION to read:
1722.5403. Parole eligibility.
(9) (a) THE PROVISIONS OF THIS SUBSECTION (9)
SHALL APPLY TO ANY OFFENDER WHO IS PAROLED FOR A CLASS 2, 3, 4,
OR 5 FELONY OR A CLASS 6 FELONY THAT IS THE OFFENDER'S SECOND
OR SUBSEQUENT FELONY OFFENSE COMMITTED ON OR AFTER JULY 1, 1998,
AND IS SUBSEQUENTLY REINCARCERATED PURSUANT TO SUBSECTION (8)
OF THIS SECTION. FOLLOWING REINCARCERATION, THE OFFENDER MAY
APPLY FOR PAROLE AND THE STATE BOARD OF PAROLE, WORKING IN CONJUNCTION
WITH THE DEPARTMENT AND USING THE GUIDELINES ESTABLISHED PURSUANT
TO SECTION 1722.5404, SHALL DETERMINE WHETHER TO GRANT
PAROLE. IF THE STATE BOARD OF PAROLE DETERMINES THAT PLACING
THE OFFENDER ON PAROLE IS APPROPRIATE, IT SHALL SET THE LENGTH
OF THE PERIOD OF PAROLE AT ANY TIME REMAINING ON THE OFFENDER'S
MANDATORY PERIOD OF PAROLE ESTABLISHED IN SECTION 181105
(1) (a) (V), C.R.S.; EXCEPT THAT, IF THE OFFENDER'S REMAINING
MANDATORY PERIOD OF PAROLE IS LESS THAN TWELVE MONTHS, THE STATE
BOARD OF PAROLE SHALL RELEASE THE OFFENDER TO TWELVE MONTHS OF
SUPERVISION AND THE OFFENDER SHALL NOT BE REQUIRED TO SERVE THE
REMAINING MANDATORY PERIOD OF PAROLE. IF AN APPLICATION FOR PAROLE
IS REFUSED BY THE STATE BOARD OF PAROLE, THE STATE BOARD OF PAROLE
SHALL RECONSIDER WITHIN ONE YEAR THEREAFTER WHETHER THE OFFENDER
SHOULD BE GRANTED PAROLE. THE STATE BOARD OF PAROLE SHALL CONTINUE
SUCH RECONSIDERATION EACH YEAR THEREAFTER, EXCEPT AS OTHERWISE
PROVIDED FOR THE CRIMES SPECIFIED IN SUBSECTION (7) OF THIS SECTION,
UNTIL THE BOARD GRANTS THE OFFENDER PAROLE OR RELEASES THE OFFENDER
ON SUPERVISION OR UNTIL THE OFFENDER COMPLETES THE MANDATORY PERIOD
OF PAROLE IN INCARCERATION. IF THE OFFENDER COMPLETES THE MANDATORY
PERIOD OF PAROLE IN INCARCERATION, HE OR SHE SHALL BE RELEASED
TO A TWELVEMONTH PERIOD OF SUPERVISION.
(b) (I) IF THE STATE BOARD OF PAROLE
GRANTS PAROLE TO AN OFFENDER PURSUANT TO PARAGRAPH (a) OF THIS
SUBSECTION (9) FOR THE PERIOD REMAINING ON THE OFFENDER'S MANDATORY
PERIOD OF PAROLE, THE PROVISIONS OF SUBSECTION (8) OF THIS SECTION
SHALL APPLY WHILE THE OFFENDER IS SERVING THE REMAINDER OF THE
MANDATORY PERIOD OF PAROLE; EXCEPT THAT, IF THE STATE BOARD OF
PAROLE SUBSEQUENTLY REVOKES THE OFFENDER'S PAROLE AS PROVIDED
IN SUBSECTION (8) OF THIS SECTION AND THE OFFENDER'S REMAINING
PERIOD OF MANDATORY PAROLE IS LESS THAN SIX MONTHS, THE STATE
BOARD SHALL IMPOSE INTERMEDIATE SANCTIONS AS PROVIDED IN PARAGRAPH
(f) OF THIS SUBSECTION (9) OR RETURN THE OFFENDER TO A PLACE OF
CONFINEMENT FOR A PERIOD OF UP TO TWELVE MONTHS AND THE OFFENDER
SHALL NOT BE REQUIRED TO SERVE THE REMAINING MANDATORY PERIOD
OF PAROLE. ANY PERSON REINCARCERATED FOR A PERIOD OF UP TO TWELVE
MONTHS PURSUANT TO THIS PARAGRAPH (b) SHALL BE ELIGIBLE FOR SUBSEQUENT
RELEASE FOR A TWELVEMONTH PERIOD OF SUPERVISION AT ANY TIME
DURING SUCH REINCARCERATION OR UPON COMPLETION OF SUCH INCARCERATION.
(II) IF THE OFFENDER COMPLETES THE MANDATORY
PERIOD OF PAROLE OR THE STATE BOARD OF PAROLE DISCHARGES THE OFFENDER
FROM MANDATORY PAROLE PURSUANT TO SUBSECTION (8) OF THIS SECTION,
THE OFFENDER'S SENTENCE SHALL BE DEEMED FULLY DISCHARGED.
(c) FOR ANY OFFENDER RELEASED TO A TWELVEMONTH
PERIOD OF SUPERVISION PURSUANT TO THIS SUBSECTION (9), THE DIVISION
OF ADULT SERVICES SHALL PROVIDE SUPERVISION AND ASSISTANCE IN
SECURING EMPLOYMENT, HOUSING, AND SUCH OTHER SERVICES AS MAY AFFECT
THE OFFENDER'S SUCCESSFUL REINTEGRATION INTO THE COMMUNITY WHILE
RECOGNIZING THE NEED FOR PUBLIC SAFETY. THE STATE BOARD OF PAROLE,
PURSUANT TO SECTION 1722.5404, SHALL ESTABLISH THE
CONDITIONS FOR THE OFFENDER'S TWELVEMONTH SUPERVISION PRIOR
TO THE OFFENDER'S RELEASE FROM INCARCERATION. UPON A DETERMINATION
IN A REVOCATION PROCEEDING THAT THE CONDITIONS OF SUPERVISION
HAVE BEEN VIOLATED, THE STATE BOARD OF PAROLE SHALL CONTINUE THE
SUPERVISION IN EFFECT, MODIFY THE CONDITIONS OF SUPERVISION IF
CIRCUMSTANCES THEN SHOWN TO EXIST REQUIRE SUCH MODIFICATIONS,
WHICH CIRCUMSTANCES SHALL BE SET FORTH IN WRITING, OR REVOKE
THE SUPERVISION AND IMPOSE INTERMEDIATE SANCTIONS AS PROVIDED
IN PARAGRAPH (f) OF THIS SUBSECTION (9) OR ORDER THE RETURN OF
THE OFFENDER TO A PLACE OF CONFINEMENT DESIGNATED BY THE EXECUTIVE
DIRECTOR FOR ANY PERIOD OF TIME UP TO TWELVE MONTHS. ANY OFFENDER
WHO HAS BEEN REINCARCERATED DUE TO A SUPERVISION REVOCATION PURSUANT
TO THIS PARAGRAPH (c) SHALL BE ELIGIBLE FOR SUBSEQUENT RELEASE
FOR A TWELVEMONTH PERIOD OF SUPERVISION AT ANY TIME DURING
SUCH REINCARCERATION.
(d) THE STATE BOARD OF PAROLE MAY DISCHARGE
AN OFFENDER RELEASED ON SUPERVISION UNDER THIS SUBSECTION (9)
AT ANY TIME DURING THE TERM OF SUPERVISION UPON A DETERMINATION
THAT THE OFFENDER HAS BEEN SUFFICIENTLY REHABILITATED AND REINTEGRATED
INTO SOCIETY AND CAN NO LONGER BENEFIT FROM SUPERVISION. IN MAKING
ANY SUCH DETERMINATION, THE STATE BOARD OF PAROLE SHALL MAKE WRITTEN
FINDINGS AS TO WHY THE OFFENDER IS NO LONGER IN NEED OF SUPERVISION.
UPON COMPLETION OF TWELVE CONSECUTIVE MONTHS OF SUPERVISION OR
DISCHARGE FROM SUPERVISION AS PROVIDED IN THIS PARAGRAPH (d),
THE OFFENDER'S SENTENCE SHALL BE DEEMED FULLY DISCHARGED.
(e) NOTWITHSTANDING ANY PROVISIONS OF
THIS SUBSECTION (9) TO THE CONTRARY, THE TOTAL AMOUNT OF TIME
SPENT BY AN OFFENDER IN INCARCERATION AS A RESULT OF REVOCATION
OF SUPERVISION SHALL NOT EXCEED THE LENGTH OF THE OFFENDER'S ORIGINAL
SENTENCE TO INCARCERATION PLUS THE LENGTH OF THE OFFENDER'S ORIGINAL
SENTENCE TO MANDATORY PAROLE PLUS TWELVE MONTHS. IN CALCULATING
THE TIME SPENT IN INCARCERATION BY AN OFFENDER FOR PURPOSES OF
THIS PARAGRAPH (e), THE OFFENDER SHALL RECEIVE CREDIT FOR TIME
SPENT IN INCARCERATION AS A RESULT OF THE ORIGINAL SENTENCE TO
INCARCERATION, ANY TIME SPENT IN INCARCERATION AS A RESULT OF
REVOCATION OF MANDATORY PAROLE, AND ANY TIME SPENT IN INCARCERATION
AS A RESULT OF REVOCATION OF SUPERVISION.
(f) IF REVOCATION OF MANDATORY PAROLE
FOR LESS THAN TWELVE MONTHS OR REVOCATION OF SUPERVISION IS BASED
ON A TECHNICAL VIOLATION OF THE CONDITIONS OF PAROLE OR SUPERVISION,
THE STATE BOARD OF PAROLE SHALL IMPOSE INTERMEDIATE SANCTIONS
WHERE FACILITIES APPROPRIATE FOR SUCH INTERMEDIATE SANCTIONS ARE
AVAILABLE. FOR PURPOSES OF THIS PARAGRAPH (f), "INTERMEDIATE
SANCTIONS" MAY INCLUDE, BUT ARE NOT LIMITED TO, A COMMUNITY
CORRECTIONS PROGRAM, AS DEFINED IN SECTION 1727102
(3), A HOME DETENTION PROGRAM, AS DESCRIBED IN ARTICLE 27.8 OF
THIS TITLE, OR A SPECIALIZED RESTITUTION AND COMMUNITY SERVICE
PROGRAM, AS DESCRIBED IN ARTICLE 27.9 OF THIS TITLE.
SECTION 380 181105
(1) (a), Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW SUBPARAGRAPH to read:
181105. Felonies classified
presumptive penalties. (1) (a) (VI) ANY
PERSON SENTENCED FOR A CLASS 2, 3, 4, OR 5 FELONY, OR A CLASS
6 FELONY THAT IS THE OFFENDER'S SECOND OR SUBSEQUENT FELONY OFFENSE,
COMMITTED ON OR AFTER JULY 1, 1998, REGARDLESS OF THE LENGTH
OF THE PERSON'S SENTENCE TO INCARCERATION AND THE MANDATORY PERIOD
OF PAROLE, SHALL NOT BE DEEMED TO HAVE FULLY DISCHARGED HIS OR
HER SENTENCE UNTIL SAID PERSON HAS EITHER COMPLETED OR BEEN DISCHARGED
BY THE STATE BOARD OF PAROLE FROM THE MANDATORY PERIOD OF PAROLE
IMPOSED PURSUANT TO SUBPARAGRAPH (V) OF THIS PARAGRAPH (a) OR
COMPLETED OR BEEN DISCHARGED BY THE STATE BOARD OF PAROLE FROM
THE TWELVEMONTH PERIOD OF SUPERVISION IMPOSED PURSUANT TO
SECTION 1722.5403 (9), C.R.S., WHICHEVER OCCURS FIRST.
PRIOR TO FULLY DISCHARGING HIS OR HER SENTENCE, UPON REVOCATION
OF PAROLE, A PERSON MAY BE RETURNED TO INCARCERATION FOR THE PERIODS
SPECIFIED IN SECTION 1722.5403 (9), C.R.S.
SECTION 390 Exception to the
requirements of section 22703, Colorado Revised Statutes.
The general assembly hereby finds that the amendments to sections
1722.5403 and 181105, Colorado Revised
Statutes, enacted in sections 37 and 38 of this act reflect the
General Assembly's original intent in passing House Bill 931302.
As a clarification of a previously enacted bill, the general
assembly finds that said amendments constitute an exception to
the fiveyear appropriation requirements specified in section
22703, Colorado Revised Statutes.
SECTION 400 No appropriation.
The general assembly has determined that sections 37 and 38 of
this act can be implemented within existing appropriations, and
therefore no separate appropriation of state moneys is necessary
to carry out the purposes of this act.
SECTION 410 The introductory portion
to 2475302 (2) and 2475302 (2) (m) and
(2) (n), Colorado Revised Statutes, are amended, and the said
2475302 (2) is further amended BY THE ADDITION OF
A NEW PARAGRAPH, 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
2002, 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:
(m) On July 1, 2000, one hundred eightyfour
thousand ninety dollars pursuant to H.B. 971186, plus four
hundred seventyeight thousand six hundred thirtyfour
dollars pursuant to H.B. 971077, enacted at the first regular
session of the sixtyfirst general assembly, PLUS SEVENTYONE
THOUSAND TWO HUNDRED SEVEN DOLLARS PURSUANT TO H.B. 981160,
ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTYFIRST
GENERAL ASSEMBLY; and
(n) On July 1, 2001, one hundred fiftyfour
thousand six hundred thirtysix dollars pursuant to H.B.
971186, plus nine hundred five thousand seven hundred twentythree
dollars pursuant to H.B. 971077, enacted at the first regular
session of the sixtyfirst general assembly, PLUS THREE HUNDRED
FORTYNINE THOUSAND FIFTYFIVE DOLLARS PURSUANT TO H.B.
981160, ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTYFIRST
GENERAL ASSEMBLY; AND
(o) ON JULY 1, 2002, THREE HUNDRED NINETYSEVEN
THOUSAND NINE HUNDRED TWENTYTHREE DOLLARS PURSUANT TO H.B.
981160, ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTYFIRST
GENERAL ASSEMBLY.
SECTION 420 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.
(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 981160,
ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTYFIRST
GENERAL ASSEMBLY:
(a) FOR THE FISCAL YEAR BEGINNING JULY
1, 2000, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY
APPROPRIATED FROM THE CAPITAL CONSTRUCTION FUND CREATED IN SECTION
2475302, C.R.S., TO THE CORRECTIONS EXPANSION RESERVE
FUND CREATED IN SECTION 171116, THE SUM OF SEVENTYONE
THOUSAND TWO HUNDRED SEVEN DOLLARS ($71,207).
(b) (I) FOR THE FISCAL YEAR BEGINNING
JULY 1, 2001, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS
HEREBY APPROPRIATED, FROM THE CAPITAL CONSTRUCTION FUND CREATED
IN SECTION 2475302, C.R.S., TO THE CORRECTIONS EXPANSION
RESERVE FUND CREATED IN SECTION 171116, THE SUM OF
THREE HUNDRED FORTYNINE THOUSAND FIFTYFIVE DOLLARS
($349,055).
(II) FOR THE FISCAL YEAR BEGINNING JULY
1, 2001, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY
APPROPRIATED TO THE DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS
IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, THE SUM OF TWENTYTHREE
THOUSAND NINE HUNDRED SIXTEEN DOLLARS ($23,916).
(c) (I) FOR THE FISCAL YEAR BEGINNING
JULY 1, 2002, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS
HEREBY APPROPRIATED, FROM THE CAPITAL CONSTRUCTION FUND CREATED
IN SECTION 2475302, C.R.S., TO THE CORRECTIONS EXPANSION
RESERVE FUND CREATED IN SECTION 171116, THE SUM OF
THREE HUNDRED NINETYSEVEN THOUSAND NINE HUNDRED TWENTYTHREE
DOLLARS ($397,923).
(II) FOR THE FISCAL YEAR BEGINNING JULY
1, 2002, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY
APPROPRIATED TO THE DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS
IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, THE SUM OF ONE
HUNDRED FORTY THOUSAND SIX HUNDRED SEVENTYSIX DOLLARS ($140,676).
SECTION 430 No appropriation.
For the fiscal year beginning July 1, 1998, the general assembly
has determined that this act can be implemented within existing
appropriations, and therefore no separate appropriation of state
moneys is necessary to carry out the purposes of this act.
SECTION 440 Effective date applicability.
This act shall take effect July 1, 1998, and shall apply to offenses
committed on or after said date.
SECTION 450 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