BY REPRESENTATIVES McElhany, Bacon, C. Berry, Epps, Hefley, Mace, Reeser, and Tool;
also SENATORS Powers, Pascoe, and Tebedo.
CONCERNING CERTAIN UNLAWFUL ACTIONS BY PERSONS AGAINST
LEGISLATIVE WITNESSES.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 82.5101
(2), Colorado Revised Statutes, is amended, and the said 82.5101
is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
82.5101. Preventing legislative
and judicial access to employees intimidation of legislative
witnesses penalty. (1.5) (a) IT
IS UNLAWFUL FOR ANY PERSON:
(I) TO INTIMIDATE A LEGISLATIVE WITNESS,
BY USE OF A THREAT, IN ORDER TO INTENTIONALLY INFLUENCE OR INDUCE
A LEGISLATIVE WITNESS:
(A) TO APPEAR OR NOT APPEAR BEFORE A COMMITTEE
OF THE GENERAL ASSEMBLY;
(B) TO GIVE OR REFRAIN FROM GIVING TESTIMONY
TO A COMMITTEE OF THE GENERAL ASSEMBLY;
(C) TO TESTIFY FALSELY BEFORE A COMMITTEE
OF THE GENERAL ASSEMBLY; OR
(D) TO AVOID LEGAL PROCESS SUMMONING THE
LEGISLATIVE WITNESS TO ATTEND AND TESTIFY BEFORE A COMMITTEE OF
THE GENERAL ASSEMBLY; OR
(II) TO TAKE ANY ACTION AGAINST A LEGISLATIVE
WITNESS FOR TESTIFYING BEFORE A COMMITTEE OF THE GENERAL ASSEMBLY.
(b) FOR THE PURPOSES OF THIS SUBSECTION
(1.5):
(I) "LEGISLATIVE WITNESS" MEANS
ANY INDIVIDUAL THAT INTENDS TO TESTIFY OR TESTIFIES BEFORE A COMMITTEE
OF THE GENERAL ASSEMBLY EITHER VOLUNTARILY OR PURSUANT TO A SUBPOENA
ISSUED BY ANY COMMITTEE OF THE GENERAL ASSEMBLY OR OF EITHER HOUSE
THEREOF.
(II) "THREAT" MEANS TO COMMUNICATE
DIRECTLY THE INTENT TO DO ANY ACT THAT IS INTENDED TO HARM THE
HEALTH, SAFETY, PROPERTY, BUSINESS, OR FINANCIAL CONDITION OF
THE LEGISLATIVE WITNESS.
(c) ANY PERSON VIOLATING ANY PROVISION
OF THIS SUBSECTION (1.5) IS GUILTY OF A MISDEMEANOR AND, UPON
CONVICTION THEREOF, SHALL BE PUNISHED BY A FINE OF NOT MORE THAN
ONE THOUSAND DOLLARS.
(2) (a) An employee, a franchisee,
or an
agent or an entity under the control of any person, OR A LEGISLATIVE
WITNESS may recover damages, including reasonable attorney fees,
from any person for injuries suffered through a violation of this
section.
(b) Nothing in this section shall be construed
to prohibit an employee, a franchisee, or
an agent or an entity under the control of any person, OR A LEGISLATIVE
WITNESS from pursuing any other right of action permitted pursuant
to law for injuries suffered through a violation of this section.
SECTION 2. Effective
date. 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.
____________________________ ____________________________
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