HOUSE BILL 981177
BY REPRESENTATIVES Agler, Adkins, Allen, Epps, Hagedorn, Kaufman, Kreutz, Lawrence, Mace, McPherson, Musgrave, Nichol, Salaz, Spradley, Tucker, and Young;
also SENATORS Hopper and Arnold.
CONCERNING SEX OFFENDERS.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 183412.5,
Colorado Revised Statutes, is amended to read:
183412.5. Sex offenders
duty to register penalties.
(1) (a) EFFECTIVE JULY 1, 1998, THE FOLLOWING
PERSONS SHALL BE REQUIRED TO REGISTER PURSUANT TO THE PROVISIONS
OF SUBSECTION (2) OF THIS SECTION AND SHALL BE SUBJECT TO THE
REQUIREMENTS AND OTHER PROVISIONS SPECIFIED IN THIS SECTION:
(I) ANY PERSON WHO WAS CONVICTED ON OR
AFTER JULY 1, 1991, IN THE STATE OF COLORADO, OF AN UNLAWFUL SEXUAL
OFFENSE, AS DEFINED IN SECTION 183411 (1), OR ENTICEMENT
OF A CHILD, AS DESCRIBED IN SECTION 183305;
(II) ANY PERSON WHO WAS CONVICTED ON OR
AFTER JULY 1, 1991, IN ANOTHER STATE OF AN OFFENSE THAT, IF COMMITTED
IN COLORADO, WOULD CONSTITUTE AN UNLAWFUL SEXUAL OFFENSE, AS DEFINED
IN SECTION 183411 (1), OR ENTICEMENT OF A CHILD, AS
DESCRIBED IN SECTION 183305; AND
(III) ANY PERSON WHO WAS RELEASED ON OR
AFTER JULY 1, 1991, FROM THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS
HAVING SERVED A SENTENCE FOR AN UNLAWFUL SEXUAL OFFENSE, AS DEFINED
IN SECTION 183411 (1), OR ENTICEMENT OF A CHILD, AS
DESCRIBED IN SECTION 183305.
(b) On and after July 1, 1994, any person
who is convicted in the state of Colorado of an offense involving
unlawful sexual behavior or for which the factual basis involved
an offense involving unlawful sexual behavior as defined in this
subsection (1) and any person who has been convicted on and after
July 1, 1994, in any other state of an offense that, if committed
in the state of Colorado, would constitute an offense involving
unlawful sexual behavior as defined in this subsection (1) or
any person who is released from the custody of the department
of corrections having completed serving a sentence for an offense
involving unlawful sexual behavior or for which the factual basis
involved an offense involving unlawful sexual behavior as defined
in this subsection (1) shall be required to register in the manner
prescribed in subsection (2)
SUBSECTION (3) of this section. For purposes of this section,
"unlawful sexual behavior" is defined as:
(a) (I) Sexual
assault in the first degree, in violation of section 183402;
(b) (II) Sexual
assault in the second degree, in violation of section 183403;
(c) (III) Sexual
assault in the third degree, in violation of section 183404;
(d) (IV) Sexual
assault on a child, in violation of section 183405;
(e) (V) Sexual
assault on a child by one in a position of trust, in violation
of section 183405.3;
(f) (VI) Sexual
assault on a client by a psychotherapist, in violation of section
183405.5;
(g) (VII) Enticement
of a child, in violation of section 183305;
(h) (VIII) Incest,
in violation of section 186301;
(i) (IX) Aggravated
incest, in violation of section 186302;
(j) (X) Trafficking
in children, in violation of section 186402;
(k) (XI) Sexual
exploitation of children, in violation of section 186403;
(l) (XII) Procurement
of a child for sexual exploitation, in violation of section 186404;
(m) (XIII) Indecent
exposure, in violation of section 187302;
(n) (XIV) Soliciting
for child prostitution, in violation of section 187402;
(o) (XV) Pandering
of a child, in violation of section 187403;
(p) (XVI) Procurement
of a child, in violation of section 187403.5;
(q) (XVII) Keeping
a place of child prostitution, in violation of section 187404;
(r) (XVIII) Pimping
of a child, in violation of section 187405;
(s) (XIX) Inducement
of child prostitution, in violation of section 187405.5;
(t) (XX) Patronizing
a prostituted child, in violation of section 187406;
(u) (XXI) Criminal
attempt, conspiracy, or solicitation to commit any of the offenses
specified in paragraphs (a) to (t)
of this subsection (1) SUBPARAGRAPHS
(I) TO (XX) OF THIS PARAGRAPH (b);
(v) (XXII) A
deferred judgment and sentence OR A DEFERRED ADJUDICATION for
any of the offenses specified in paragraphs
(a) to (u) of this subsection (1)
SUBPARAGRAPHS (I) TO (XXI) OF THIS PARAGRAPH (b); and
(w) (XXIII) Any
offense that has a factual basis of one of the offenses specified
in paragraphs (a) to (u) of this subsection
(1) SUBPARAGRAPHS (I) TO (XXI) OF
THIS PARAGRAPH (b).
(c) FOR PURPOSES OF THIS SECTION, "CONVICTED"
INCLUDES HAVING PLEADED GUILTY OR NOLO CONTENDERE.
(2) (a) On
and after July 1, 1994, Probation
and parole officers, appropriate county jail personnel, and appropriate
personnel with the department of corrections AND THE DEPARTMENT
OF HUMAN SERVICES shall require any offender described in subsection
(1) of this section who is under their jurisdiction to sign a
notice that informs the offender of the duty to register with
local law enforcement agencies in accordance with this section.
DEPARTMENT OF CORRECTIONS PERSONNEL AND DEPARTMENT OF HUMAN SERVICES
PERSONNEL SHALL REQUIRE ANY OFFENDER DESCRIBED IN SUBSECTION (1)
OF THIS SECTION TO SPECIFY, AT LEAST FIVE DAYS PRIOR TO RELEASE
INTO THE COMMUNITY, THE ADDRESS AT WHICH THE OFFENDER PLANS TO
RESIDE UPON RELEASE.
(b) A judge or magistrate shall require
any offender described in subsection (1) of this section who is
under the judge's or magistrate's jurisdiction and who is not
sentenced to the department of corrections, to probation, or to
a county jail to sign a notice that informs the offender of the
duty to register with local law enforcement agencies in accordance
with this section.
(c) The same
persons SPECIFIED IN PARAGRAPHS (a) AND (b) OF THIS SUBSECTION
(2), after obtaining a signed notice from an offender, shall notify
local law enforcement agencies where
OF THE JURISDICTION IN WHICH the offender plans to reside of the
offender's address within fortyeight hours after an offender
has been placed on parole or probation or otherwise released into
the community when such an address is provided in the signed notice.
Department of corrections personnel shall provide such notice
no later than two days before the offender is to be released from
the department of corrections.
(3) (a) Each person who is required
to register pursuant to subsection (1) of this section, within
seven calendar days of becoming a temporary or permanent resident
of any city, town, county, or city and county in the state of
Colorado, and annually thereafter ON THE PERSON'S BIRTH DATE OR
THE FIRST BUSINESS DAY AFTER THE PERSON'S BIRTH DATE so long as
the person resides in the city, town, county, or city and county,
shall register with the local law enforcement agency in the place
of such person's temporary or permanent residence by completing
a registration form provided to such person by the local law enforcement
agency. Such registration form shall contain such information
regarding such person as shall be required by the local law enforcement
agency pursuant to subsection (5) of this section.
(b) Persons who reside within the corporate
limits of any city, town, or city and county shall register at
the office of the chief of police of such city, town, or city
and county. Persons who reside outside of the corporate limits
of any city, town, or city and county shall register at the office
of the county sheriff of the county where such person resides.
(c) Any person who is required to register
pursuant to subsection (1) of this section shall be required to
register each time such person:
(I) Changes such person's temporary or
permanent address, regardless of whether such person has moved
to a new address within the jurisdiction of the law enforcement
agency with which such person previously registered;
(II) LEGALLY CHANGES SUCH PERSON'S NAME.
(d) UPON MOVING TO A NEW JURISDICTION,
ANY PERSON WHO IS REQUIRED TO REGISTER PURSUANT TO SUBSECTION
(1) OF THIS SECTION SHALL NOTIFY THE LOCAL LAW ENFORCEMENT AGENCY
OF THE JURISDICTION FROM WHICH THE PERSON MOVED BY COMPLETING
A WRITTEN FORM OF CHANGE OF RESIDENCY, AVAILABLE FROM THE LOCAL
LAW ENFORCEMENT AGENCY. AT A MINIMUM, THE CHANGE OF RESIDENCY
FORM SHALL INDICATE THE PERSON'S PREVIOUS RESIDENTIAL ADDRESS
AND THE PERSON'S NEW RESIDENTIAL ADDRESS. THE PERSON SHALL FILE
THE CHANGE OF RESIDENCY FORM WITHIN SEVEN DAYS AFTER MOVING TO
A NEW JURISDICTION.
(3.5) (a) Within seven calendar days
after becoming a temporary or permanent resident of any city,
town, county, or city and county in the state of Colorado, and
quarterly thereafter so long as the person resides in the city,
town, county, or city and county, each person who is sentenced
as a sexually violent predator pursuant to section 183414.5,
shall register with the local law enforcement agency in the place
of such person's temporary or permanent residence by completing
a registration form provided to such person by the local law enforcement
agency. The registration form shall contain such information
regarding the person as shall be required by the local law enforcement
agency pursuant to subsection (5) of this section.
(b) Persons who reside within the corporate
limits of any city, town, or city and county shall register at
the office of the chief of police of such city, town, or city
and county. Persons who reside outside of such corporate limits
shall register at the office of the county sheriff of the county
where the person resides.
(c) Each person who is sentenced as a
sexually violent predator pursuant to section 183414.5
shall be required to register each time the person:
(I) Changes his or her temporary or permanent
address, regardless of whether the person has moved to a new address
within the jurisdiction of the law enforcement agency with which
the person previously registered;
(II) LEGALLY CHANGES HIS OR HER NAME.
(d) The provisions
of this subsection (3.5) shall not apply to any person adjudicated
a juvenile delinquent for an offense that could qualify the person
as a sexually violent predator if the offense had been committed
by an adult.
(4) (a) Any person WHO IS REQUIRED
TO REGISTER PURSUANT TO SUBSECTION (1) OF THIS SECTION AND who
fails to register pursuant to this
section, or any person who submits a registration form containing
false information, COMMITS ANY OF
THE ACTS SPECIFIED IN THIS PARAGRAPH (a) commits the offense of
failure to register as a sex offender:
(I) FAILURE TO REGISTER PURSUANT TO THIS
SECTION;
(II) SUBMISSION OF A REGISTRATION FORM
CONTAINING FALSE INFORMATION;
(III) IF THE PERSON HAS BEEN INCARCERATED
OR COMMITTED DUE TO CONVICTION OF OR ADJUDICATION FOR AN OFFENSE
SPECIFIED IN SUBSECTION (1) OF THIS SECTION, FAILURE TO PROVIDE
NOTICE OF THE ADDRESS WHERE THE PERSON PLANS TO RESIDE UPON RELEASE
TO DEPARTMENT OF CORRECTIONS PERSONNEL OR DEPARTMENT OF HUMAN
SERVICES PERSONNEL, WHICHEVER IS APPROPRIATE, AT LEAST FIVE DAYS
PRIOR TO RELEASE FROM THE DEPARTMENT OF CORRECTIONS OR THE DEPARTMENT
OF HUMAN SERVICES;
(IV) FAILURE WHEN REGISTERING TO PROVIDE THE PERSON'S CURRENT NAME AND ANY FORMER NAMES;
(V) FAILURE TO REREGISTER WITH THE LOCAL
LAW ENFORCEMENT AGENCY IN THE PLACE OF THE PERSON'S TEMPORARY
OR PERMANENT RESIDENCE WITHIN SEVEN DAYS AFTER THE EFFECTIVE DATE
OF A NAME CHANGE.
(b) Failure to register as a sex offender
is a class 2 misdemeanor; except that, in addition to any other
penalty provided by section 181106, a person shall
be sentenced to a ninetyday mandatory minimum jail sentence.
Any second or subsequent offense is a class 6 felony; except
that, in addition to any other penalty provided by section 181105,
a person shall be sentenced to a oneyear mandatory minimum
sentence to the department of corrections.
(c) Any juvenile adjudicated for the delinquent
act of failure to register as a sex offender shall be sentenced
to a fortyfiveday mandatory minimum detention sentence.
Any juvenile adjudicated for the class 6 felony offense of failure
to register as a sex offender shall be placed or committed out
of the home for not less than one year.
(5) Each local law enforcement agency
in the state of Colorado shall prepare registration forms to be
utilized to comply with this section. Such forms shall be used
to register persons pursuant to this section. The forms shall
provide that the persons required to register pursuant to this
section disclose such information as required by the local law
enforcement agency. The information required by the local law
enforcement agency shall include, but need not be limited to:
(a) The name, address, and place of employment
of the person required to register;
(b) ALL NAMES USED AT ANY TIME BY THE
PERSON REQUIRED TO REGISTER, INCLUDING BOTH ALIASES AND LEGAL
NAMES.
(6) (a) Upon receipt of any registration
form pursuant to this section, the local law enforcement agency
shall retain a copy of such form and shall report that registration
to the Colorado bureau of investigation in the manner and on a
form prescribed by the director of the Colorado bureau of investigation.
The director of the Colorado bureau of investigation shall establish
a central registry of persons required to register pursuant to
this section as soon as computerized resources are available.
(b) The forms completed by persons required
to register pursuant to this section shall be confidential and
shall not be open to inspection by the public or any person other
than a law enforcement agency, except as provided in subsections
(6.5) and (6.7) of this section.
(c) The Colorado criminal justice information
system, established in article 20.5 of title 16, C.R.S., shall
develop an interactive data base system for the purpose of querying
and entering sex offender's registration status, KNOWN NAMES,
known addresses, and modus operandi. The system shall be accessible
through the Colorado crime information center to law enforcement
agencies, the department of corrections, the judicial department,
and each district attorney's office. AT A MINIMUM, the system
shall build in cross validation of the offender's KNOWN NAMES
AND known address
ADDRESSES with information maintained by the department of revenue
concerning driver's licenses and identification cards issued under
article 2 of title 42, C.R.S. Discrepancies between the KNOWN
NAMES OR known address
ADDRESSES listed in the system and the department of revenue shall
be reported through the Colorado crime information center to the
local law enforcement agency that has jurisdiction over the location
of the offender's lastknown address.
(d) UPON DEVELOPMENT OF THE INTERACTIVE
DATA BASE SYSTEM SPECIFIED IN PARAGRAPH (c) OF THIS SUBSECTION
(6), PERSONNEL IN THE JUDICIAL DEPARTMENT, THE DEPARTMENT OF CORRECTIONS,
AND THE DEPARTMENT OF HUMAN SERVICES SHALL BE RESPONSIBLE FOR
ENTERING AND MAINTAINING IN THE INTERACTIVE DATA BASE SYSTEM THE
INFORMATION SPECIFIED IN PARAGRAPH (c) OF THIS SUBSECTION (6)
FOR PERSONS IN THEIR LEGAL OR PHYSICAL CUSTODY. EACH LOCAL LAW
ENFORCEMENT AGENCY SHALL BE RESPONSIBLE FOR ENTERING AND MAINTAINING
IN THE INTERACTIVE DATA BASE SYSTEM THE INFORMATION FOR PERSONS
REGISTERED WITH THE AGENCY WHO ARE NOT IN THE PHYSICAL OR LEGAL
CUSTODY OF THE JUDICIAL DEPARTMENT, THE DEPARTMENT OF CORRECTIONS,
OR THE DEPARTMENT OF HUMAN SERVICES.
(6.5) (a) The general assembly finds
that persons convicted of offenses involving unlawful sexual behavior
have a reduced expectation of privacy because of the public's
interest in public safety. The general assembly further finds
that the public must have limited access to information concerning
persons convicted of offenses involving unlawful sexual behavior
that is collected pursuant to this section to allow them to adequately
protect themselves and their children from these persons. The
general assembly declares, however, that, in making this information
available on a limited basis to the public, it is not the general
assembly's intent that the information be used to inflict retribution
or additional punishment on any person convicted of an offense
involving unlawful sexual behavior.
(b) When necessary for public protection,
a local law enforcement agency may release information regarding
any person registered with the local law enforcement agency pursuant
to this section to any person residing within the local law enforcement
agency's jurisdiction. Any person requesting information pursuant
to this paragraph (b) shall show proper identification or other
proof of residence.
(c) A local law enforcement agency may
release information regarding any person registered with the local
law enforcement agency pursuant to this section to any person
living outside the local law enforcement agency's jurisdiction
when necessary for public protection and upon request and demonstration
of a need to know. In determining whether the person has demonstrated
a need to know, the local law enforcement agency shall, at a minimum,
consider the nature and extent of the person's presence or the
presence of the person's immediate family in the local law enforcement
agency's jurisdiction. For purposes of this subsection (6.5),
"immediate family" includes the person's spouse and
the person's parent, grandparent, sibling, or child.
(d) Information released pursuant to paragraph
(b) or (c) of this subsection (6.5) may include basic identification
information regarding the registrant, including a photograph if
readily available, and a history of the convictions resulting
in the registrant being required to register pursuant to this
section.
(6.7) On and after September 1, 1996,
prior to employing any person, a nursing care facility or the
person seeking employment at a nursing care facility shall make
an inquiry to the director of the Colorado bureau of investigation
or to private criminal background check companies authorized to
do business in the state of Colorado to ascertain whether such
person has a criminal history, including arrest and conviction
records. The Colorado bureau of investigation or private criminal
background check companies are authorized to utilize fingerprints
to ascertain from the federal bureau of investigation whether
such person has a criminal history record. The nursing care facility
or the person seeking employment in a nursing care facility shall
pay the costs of such inquiry. The criminal background check
shall be conducted not more than ninety days prior to the employment
of the applicant. For purposes of this section, criminal background
check companies shall be approved by the state board of nursing.
In approving such companies, approval shall be based upon the
provision of lawfully available, accurate, and thorough information
pertaining to criminal histories, including arrest and conviction
records. As used in this subsection (6.7), "nursing care
facility" includes, but is not limited to:
(a) A nursing facility as defined in section
264103 (11), C.R.S.;
(b) An intermediate nursing facility for
the mentally retarded as defined in section 264103
(8), C.R.S.;
(c) An adult day care facility as defined
in section 264603 (1), C.R.S.;
(d) An alternative care facility as defined
in section 264603 (3), C.R.S.;
(e) Any business that provides temporary
nursing care services or that provides personnel who provide such
services.
(7) (a) Any person required to register
pursuant to subsection (1) or (3.5) of this section may petition
the district court for an order which
THAT discontinues the requirement for such registration as follows:
(a) (I) EXCEPT
AS OTHERWISE PROVIDED IN SUBPARAGRAPHS (IV) AND (V) OF THIS PARAGRAPH
(a), if the offense which
THAT required such person to register constituted or would constitute
a class 1, 2, or 3 felony, after a period of twenty years from
the date of such person's final release from the jurisdiction
of the court for such offense, if such person has not subsequently
been convicted of any offense involving unlawful sexual behavior;
(b) (II) EXCEPT
AS OTHERWISE PROVIDED IN SUBPARAGRAPHS (IV) AND (V) OF THIS PARAGRAPH
(a), if the offense which
THAT required such person to register constituted or would constitute
a class 4, 5, or 6 felony, after a period of ten years from the
date of such person's final release from the jurisdiction of the
court for such offense, if such person has not subsequently been
convicted of any offense involving unlawful sexual behavior;
(c) (III) EXCEPT
AS OTHERWISE PROVIDED IN SUBPARAGRAPHS (IV) AND (V) OF THIS PARAGRAPH
(a), if the offense which
THAT required such person to register constituted or would constitute
a misdemeanor, after a period of five years from the date of such
person's final release from the jurisdiction of the court for
such offense, if such person has not subsequently been convicted
of any offense involving unlawful sexual behavior;
(IV) IF THE PERSON WAS REQUIRED TO REGISTER
DUE TO BEING PLACED ON A DEFERRED JUDGMENT AND SENTENCE OR A DEFERRED
ADJUDICATION FOR ANY OF THE OFFENSES SPECIFIED IN SUBSECTION (1)
OF THIS SECTION, AFTER THE SUCCESSFUL COMPLETION OF THE DEFERRED
JUDGMENT AND SENTENCE OR DEFERRED ADJUDICATION AND DISMISSAL OF
THE CASE, IF THE PERSON PRIOR TO SUCH TIME HAS NOT BEEN SUBSEQUENTLY
CONVICTED OF ANY OFFENSE INVOLVING UNLAWFUL SEXUAL BEHAVIOR;
(V) IF THE PERSON WAS LESS THAN SIXTEEN
YEARS OF AGE AT THE TIME OF ADJUDICATION, AFTER THE SUCCESSFUL
COMPLETION OF AND DISCHARGE FROM THE SENTENCE, IF THE PERSON PRIOR
TO SUCH TIME HAS NOT BEEN SUBSEQUENTLY CONVICTED OF ANY OFFENSE
INVOLVING UNLAWFUL SEXUAL BEHAVIOR. ANY PERSON PETITIONING PURSUANT
TO THIS SUBPARAGRAPH (V) MAY ALSO PETITION FOR AN ORDER REMOVING
HIS OR HER NAME FROM THE REGISTRY MAINTAINED PURSUANT TO SUBSECTION
(6) OF THIS SECTION. IN DETERMINING WHETHER TO GRANT THE ORDER,
THE COURT SHALL CONSIDER WHETHER THE PERSON IS LIKELY TO COMMIT
A SUBSEQUENT SEXUAL OFFENSE. THE COURT SHALL BASE ITS DETERMINATION
ON RECOMMENDATIONS FROM THE PERSON'S PROBATION OR PAROLE OFFICER,
THE PERSON'S TREATMENT PROVIDER, AND THE PROSECUTING ATTORNEY
FOR THE JURISDICTION IN WHICH THE PERSON WAS ADJUDICATED AND ON
THE RECOMMENDATIONS INCLUDED IN THE PERSON'S PRESENTENCE INVESTIGATION.
(b) IN FILING A PETITION PURSUANT TO THIS
SUBSECTION (7), THE PETITIONER SHALL IDENTIFY THE LOCAL LAW ENFORCEMENT
AGENCY WITH WHICH THE PETITIONER IS REQUIRED TO REGISTER. UPON
THE FILING OF THE PETITION, THE COURT SHALL SET A DATE FOR A HEARING
AND SHALL NOTIFY THE LOCAL LAW ENFORCEMENT AGENCY IDENTIFIED BY
THE PETITIONER AND THE PROSECUTING ATTORNEY FOR THE JURISDICTION
IN WHICH THE LOCAL LAW ENFORCEMENT AGENCY IS LOCATED. IF THE
COURT ENTERS AN ORDER DISCONTINUING THE PETITIONER'S DUTY TO REGISTER,
THE PETITIONER SHALL SEND A COPY OF THE ORDER TO THE LOCAL LAW
ENFORCEMENT AGENCY AND THE COLORADO BUREAU OF INVESTIGATION.
(8) Except
as otherwise specified in subsection (3.5) of this section,
The provisions of this section shall apply to any person adjudicated
as a juvenile based on the commission of any act described in
subsection (1) of this section OR WHO RECEIVES A DEFERRED ADJUDICATION
BASED ON COMMISSION OF ANY OF SAID ACTS; except that, with respect
to paragraphs (a) to (c) of subsection
(7) of this section SUBPARAGRAPHS
(I) TO (V) OF PARAGRAPH (a) OF SUBSECTION (7) OF THIS SECTION,
a person may petition the court for an order to discontinue the
duty to register as provided in those paragraphs
SUBPARAGRAPHS but only if the person has not subsequently been
adjudicated as a juvenile or convicted of any offense involving
unlawful sexual behavior. In addition, the duty to provide notice
to an offender of the duty to register, as set forth in subsection
(2) of this section, shall apply to juvenile parole and probation
officers and appropriate personnel of the division of youth corrections
in the department of human services.
(9) State agencies and their employees
and local law enforcement agencies and their employees are immune
from civil or criminal liability for the good faith implementation
of this section.
SECTION 2. 183414.5,
Colorado Revised Statutes, is amended to read:
183414.5. Sexually violent
predator. (1) As
used in this section, unless the context otherwise requires:
(1) "Sexually violent predator"
means an offender:
(a) WHO IS EIGHTEEN YEARS OF AGE OR OLDER
AS OF THE DATE THE OFFENSE IS COMMITTED OR WHO IS LESS THAN EIGHTEEN
YEARS OF AGE AS OF THE DATE THE OFFENSE IS COMMITTED BUT IS TRIED
AS AN ADULT PURSUANT TO SECTION 192517 OR 192518,
C.R.S.;
(a) (b) Who
has been convicted on or after January 1, 1999, of one of the
following offenses:
(I) Sexual assault in the first degree,
in violation of section 183402;
(II) Sexual assault in the second degree,
in violation of section 183403;
(III) Sexual assault in the third degree,
in violation of section 183404 (1.5) or (2);
(IV) Sexual assault on a child, in violation
of section 183405; or
(V) Sexual assault on a child by one in a position of trust, in violation of section 183405.3;
(b) (c) Whose
victim was a stranger to the offender or a person with whom the
offender established or promoted a relationship primarily for
the purpose of sexual victimization; and
(c) (d) Who,
based upon the results of a risk assessment screening instrument
developed by the division of criminal justice in consultation
with and approved by the sex offender treatment
MANAGEMENT board established pursuant to section 1611.7103
(1), C.R.S., is likely to subsequently commit one or more of the
offenses specified in paragraph (a)
PARAGRAPH (b) of this subsection (1) under the circumstances described
in paragraph (b)
PARAGRAPH (c) of this subsection (1).
(2) "CONVICTED" INCLUDES HAVING
PLEADED GUILTY OR NOLO CONTENDERE.
SECTION 3. 186403
(2) (j), the introductory portion to 186403 (3), and
186403 (3) (b) and (3) (c), Colorado Revised
Statutes, are amended to read:
186403. Sexual exploitation
of children. (2) As used in
this section, unless the context otherwise requires:
(j) "Sexually exploitative material"
means any photograph, motion picture, videotape, print, negative,
slide, or other mechanically, electronically, or
chemically, OR DIGITALLY reproduced visual material which
THAT depicts a child engaged in, participating in, observing,
or being used for explicit sexual conduct.
(3) A person commits sexual exploitation
of a child if, for any purpose, he OR SHE knowingly:
(b) Prepares, arranges for, publishes,
INCLUDING BUT NOT LIMITED TO PUBLISHING THROUGH DIGITAL OR ELECTRONIC
MEANS, produces, promotes, makes, sells, finances, offers, exhibits,
advertises, deals in, or distributes, INCLUDING BUT NOT LIMITED
TO DISTRIBUTING THROUGH DIGITAL OR ELECTRONIC MEANS, any sexually
exploitative material; or
(c) Possesses with the intent to deal
in, sell, or distribute, INCLUDING BUT NOT LIMITED TO DISTRIBUTING
THROUGH DIGITAL OR ELECTRONIC MEANS, any sexually exploitative
material for any commercial purpose; or
SECTION 4. 191306 (7), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:
191306. Expungement of
juvenile delinquent records. (7) The
following persons are not eligible to petition for the expungement
of any juvenile record:
(d) ANY PERSON WHO HAS BEEN ADJUDICATED
FOR AN OFFENSE INVOLVING UNLAWFUL SEXUAL BEHAVIOR AS DEFINED IN
SECTION 183412.5 (1), C.R.S.
SECTION 5. Repeal. 191306
(9), Colorado Revised Statutes, is repealed as follows:
191306. Expungement of
juvenile delinquent records. (9) This
section shall not apply to records pertaining to an offense involving
unlawful sexual behavior as defined in section 183412.5
(1), C.R.S.
SECTION 6. 181105
(1) (a) (V) (C), Colorado Revised Statutes, is amended to read:
181105. Felonies classified
presumptive penalties. (1) (a) (V) (C) Notwithstanding
subsubparagraph (A) of this subparagraph (V), the mandatory
period of parole for a person convicted of a felony offense COMMITTED
PRIOR TO JULY 1, 1996, pursuant to part 4 of article 3 of this
title, or part 3 of article 6 of this title, shall be five years.
NOTWITHSTANDING SUBSUBPARAGRAPH (A) OF THIS SUBPARAGRAPH
(V), THE PERIOD OF PAROLE FOR A PERSON CONVICTED OF A FELONY OFFENSE
COMMITTED ON OR AFTER JULY 1, 1996, PURSUANT TO PART 4 OF ARTICLE
3 OF THIS TITLE, OR PART 3 OF ARTICLE 6 OF THIS TITLE, SHALL BE
SET BY THE STATE BOARD OF PAROLE PURSUANT TO SECTION 172201
(5) (a.5), C.R.S., BUT IN NO EVENT SHALL THE TERM OF PAROLE EXCEED
THE MAXIMUM SENTENCE IMPOSED UPON THE INMATE BY THE COURT.
SECTION 7. 183407,
Colorado Revised Statutes, is amended to read:
183407. Victim's and witness'
prior history evidentiary hearing.
(1) Evidence of specific instances of the victim's
OR A WITNESS' prior or subsequent sexual conduct, opinion evidence
of the victim's OR A WITNESS' sexual conduct, and reputation evidence
of the victim's OR A WITNESS' sexual conduct shall be presumed
to be irrelevant except:
(a) Evidence of the victim's OR WITNESS'
prior or subsequent sexual conduct with the actor;
(b) Evidence of specific instances of
sexual activity showing the source or origin of semen, pregnancy,
disease, or any similar evidence of sexual intercourse offered
for the purpose of showing that the act or acts charged were or
were not committed by the defendant.
(2) In any criminal prosecution under
sections 183402 to 183405
SECTIONS 183402 TO 183405.5, 186301,
186302, 186403, and 186404,
or for attempt or conspiracy to commit any crime under sections
183402 to 183405
SECTIONS 183402 TO 183405.5, 186301,
186302, 186403, and 186404,
if evidence, which
THAT is not excepted under subsection (1) of this section, of
specific instances of the victim's OR A WITNESS' prior or subsequent
sexual conduct, or opinion evidence of the victim's OR A WITNESS'
sexual conduct, or reputation evidence of the victim's OR A WITNESS'
sexual conduct, or evidence that the victim OR A WITNESS has a
history of false reporting of sexual assaults is to be offered
at trial, the following procedure shall be followed:
(a) A written motion shall be made at
least thirty days prior to trial, unless later for good cause
shown, to the court and to the opposing parties stating that the
moving party has an offer of proof of the relevancy and materiality
of evidence of specific instances of the victim's OR WITNESS'
prior or subsequent sexual conduct, or opinion evidence of the
victim's OR WITNESS' sexual conduct, or reputation evidence of
the victim's OR WITNESS' sexual conduct, or evidence that the
victim OR WITNESS has a history of false reporting of sexual assaults
which
THAT is proposed to be presented.
(b) The written motion shall be accompanied
by an affidavit in which the offer of proof shall be stated.
(c) If the court finds that the offer
of proof is sufficient, the court shall notify the other party
of such and set a hearing to be held in camera prior to trial.
In such hearing, the court shall allow the questioning of the
victim OR WITNESS regarding the offer of proof made by the moving
party and shall otherwise allow a full presentation of the offer
of proof including, but not limited to, the presentation of witnesses.
(d) An in camera hearing may be held during
trial if evidence first becomes available at the time of the trial
or for good cause shown.
(e) At the conclusion of the hearing,
if the court finds that the evidence proposed to be offered regarding
the sexual conduct of the victim OR WITNESS is relevant to a material
issue to the case, the court shall order that evidence may be
introduced and prescribe the nature of the evidence or questions
to be permitted. The moving party may then offer evidence pursuant
to the order of the court.
SECTION 80 The introductory portion
to 183407 (2), Colorado Revised Statutes, is amended
to read:
183407. Victim's prior
history evidentiary hearing. (2) In
any criminal prosecution under sections
183402 to 183405,
SECTIONS 183402 TO 183405.5, 186301,
186302, 186403, and 186404,
or for attempt or conspiracy to commit any crime under sections
183402 to 183405,
SECTIONS 183402 TO 183405.5, 186301,
186302, 186403, and 186404,
if evidence, which is not excepted under subsection (1) of this
section, of specific instances of the victim's prior or subsequent
sexual conduct, or opinion evidence of the victim's sexual conduct,
or reputation evidence of the victim's sexual conduct, or evidence
that the victim has a history of false reporting of sexual assaults
is to be offered at trial, the following procedure shall be followed:
SECTION 90 The introductory portion
to 1611.7103 (1) and 1611.7103 (4) (c.5),
Colorado Revised Statutes, are amended, and the said 1611.7103
(1) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to
read:
1611.7103. Sex offender
management board creation duties repeal.
(1) There is hereby created, in the department of
public safety, a sex offender treatment board which shall consist
of fourteen
FIFTEEN members. The membership of the board shall consist of
the following persons:
(d.5) ONE MEMBER APPOINTED BY THE CHIEF
JUSTICE OF THE SUPREME COURT WHO IS A JUDGE;
(4) The board shall carry out the following
duties:
(c.5) On or before January 1, 1999, the
board shall consult on and approve the risk assessment screening
instrument developed by the division of criminal justice to assist
the sentencing court in determining the likelihood that an offender
would commit one or more of the offenses specified in section
183414.5 (1) (a) SECTION
183414.5 (1) (b), C.R.S., under the circumstances
described in section 183414.5
(1) (b) SECTION 183414.5
(1) (c), C.R.S. No state general fund moneys shall be used to
develop the risk assessment screening instrument. In carrying
out this duty, the board shall consider sex offender risk assessment
research and shall consider as one element the risk posed by a
sex offender who suffers from a mental abnormality, psychosis,
or personality disorder that makes the person more likely to engage
in sexually violent predatory offenses. For purposes of this
subsection (4) only, "mental abnormality" means a congenital
or acquired condition that affects the emotional or volitional
capacity of a person in a manner that predisposes that person
to the commission of criminal sexual acts to a degree that makes
the person a significant risk to the health and safety of other
persons. If a defendant is found to be a sexually violent predator,
the defendant shall be required to register pursuant to section
183412.5 (3.5), C.R.S.
SECTION 100 2433.5503
(1) (o), Colorado Revised Statutes, is amended to read:
2433.5503. Duties of division.
(1) The division has the following duties:
(o) To develop, in consultation with the
sex offender treatment
MANAGEMENT board and the judicial branch by January 1, 1999, the
risk assessment screening instrument which will be provided to
the sentencing courts to determine the likelihood that a sex offender
would commit one or more of the offenses specified in section
183414.5 (1) (a) SECTION
183414.5 (1) (b), C.R.S., under the circumstances
described in section 183414.5
(1) (b) SECTION 183414.5
(1) (c), C.R.S.;
SECTION 110 1611.7102
(1), Colorado Revised Statutes, is amended to read:
1611.7102. Definitions.
As used in this article, unless the context otherwise requires:
(1) "Board" means the sex offender
treatment
MANAGEMENT board created in section 1611.7103.
SECTION 120 The introductory portion
to 1611.7103 (1) and 1611.7103 (6) (b),
Colorado Revised Statutes, are amended to read:
1611.7103. Sex offender
management board creation duties repeal.
(1) There is hereby created, in the department of
public safety, a sex offender treatment
MANAGEMENT board which
THAT shall consist of fourteen members. The membership of the
board shall consist of the following persons:
(6) (b) Prior to said repeal, the
sex offender treatment
MANAGEMENT board appointed pursuant to this section shall be reviewed
as provided for in section 2434104, C.R.S.
SECTION 130 2434104
(30) (d), Colorado Revised Statutes, is amended to read:
2434104. General assembly
review of regulatory agencies and functions for termination, continuation,
or reestablishment. (30) (d) The
following board in the department of public safety shall terminate
on July 1, 2001: The sex offender treatment
MANAGEMENT board, created by section 1611.7103, C.R.S.
SECTION 140 2433.5415.5,
Colorado Revised Statutes, is amended to read:
2433.5415.5. Sex offender
identification fund. There is
hereby created in the state treasury the sex offender identification
fund, referred to in this section as the "fund". Moneys
in the fund shall consist of payments for genetic testing received
from offenders pursuant to section 1611204.3, C.R.S.
and general fund appropriations.
THE FUND SHALL ALSO INCLUDE ANY ADDITIONAL MONEYS THAT MAY BE
APPROPRIATED THERETO BY THE GENERAL ASSEMBLY TO FUND THE COSTS
INCURRED IN GENETIC TESTING OF SEX OFFENDERS. Subject to annual
appropriations by the general assembly, the executive director
and the state court administrator are authorized to expend moneys
in the fund to pay for genetic testing of offenders pursuant to
section 1611204.3, C.R.S. At the end of any fiscal
year, all unexpended and unencumbered moneys in the fund shall
remain therein and shall not be credited or transferred to the
general fund or any other fund.
SECTION 150 No appropriation. 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 160 Effective date applicability.
This act shall take effect upon passage, and section 183412.5
(4), Colorado Revised Statutes, as amended in section 1 of this
act and section 3 of this act shall apply to offenses committed
on or after said date.
SECTION 170 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