BY SENATOR Hernandez, Arnold, Bishop, Coffman, Congrove, Hopper, Mutzebaugh, Norton, Powers, Schroeder, and Tebedo;
also REPRESENTATIVE Mace, C. Berry, Chavez,
Clarke, Epps, Gotlieb, Hagedorn, Hefley, Leyba, Nichol, Reeser,
Romero, Spradley, and Tool.
CONCERNING INCREASING THE LENGTH OF SENTENCE FOR
PERSONS WHO COMMIT VEHICULAR HOMICIDE WHILE IN IMMEDIATE FLIGHT
FROM COMMISSION OF ANOTHER FELONY, AND MAKING AN APPROPRIATION
THEREFOR.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 181105 (9),
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
PARAGRAPH to read:
181105. Felonies classified
presumptive penalties. (9) (g) IF
THE DEFENDANT IS CONVICTED OF CLASS 4 OR CLASS 3 FELONY VEHICULAR
HOMICIDE UNDER SECTION 183106 (1) (a) OR
(1) (b), AND WHILE COMMITTING VEHICULAR HOMICIDE THE DEFENDANT
WAS IN IMMEDIATE FLIGHT FROM THE COMMISSION OF ANOTHER FELONY,
THE COURT SHALL BE REQUIRED TO SENTENCE THE DEFENDANT TO A TERM
OF AT LEAST THE MIDPOINT IN THE PRESUMPTIVE RANGE BUT NOT MORE
THAN TWICE THE MAXIMUM TERM AUTHORIZED IN THE PRESUMPTIVE RANGE
FOR THE PUNISHMENT OF THE CLASS OF FELONY VEHICULAR HOMICIDE OF
WHICH THE DEFENDANT IS CONVICTED.
SECTION 2.
The introductory portion to 2475302 (2) and 2475302
(2) (l), (2) (m), and (2) (n) 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:
(l) On July 1, 1999, three hundred twentythree
thousand nine hundred ninetyeight dollars pursuant to H.B.
971186, enacted at the first regular session of the sixtyfirst
general assembly, PLUS THREE THOUSAND EIGHT HUNDRED FORTY DOLLARS
PURSUANT TO S.B. 98021, ENACTED AT THE SECOND REGULAR SESSION
OF THE SIXTYFIRST GENERAL ASSEMBLY;
(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 TWELVE
THOUSAND TWO HUNDRED SEVENTEEN DOLLARS PURSUANT TO S.B. 98021,
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 NINE THOUSAND
EIGHT HUNDRED NINETY DOLLARS PURSUANT TO S.B. 98021, ENACTED
AT THE SECOND REGULAR SESSION OF THE SIXTYFIRST GENERAL
ASSEMBLY; AND
(o) ON JULY 1, 2002, THIRTEEN THOUSAND
NINE HUNDRED SIXTYTWO DOLLARS PURSUANT TO S.B. 98021,
ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTYFIRST
GENERAL ASSEMBLY.
SECTION 3.
Part 1 of article 1 of title 17, Colorado Revised Statutes, is
amended BY THE ADDITION OF A NEW SECTION to read:
171128. 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 S.B. 98021, ENACTED AT THE SECOND
REGULAR SESSION OF THE SIXTYFIRST GENERAL ASSEMBLY:
(a) FOR THE FISCAL YEAR BEGINNING JULY
1, 1999, 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 THOUSAND
EIGHT HUNDRED FORTY DOLLARS ($3,840).
(b) (I) 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
TWELVE THOUSAND TWO HUNDRED SEVENTEEN DOLLARS ($12,217).
(II) FOR THE FISCAL YEAR BEGINNING JULY
1, 2000, 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
THOUSAND TWO HUNDRED EIGHTYFOUR DOLLARS ($1,284).
(c) (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
NINE THOUSAND EIGHT HUNDRED NINETY DOLLARS ($9,890).
(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 FIVE
THOUSAND THREE HUNDRED SEVENTYONE DOLLARS ($5,371).
(d) (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
THIRTEEN THOUSAND NINE HUNDRED SIXTYTWO DOLLARS ($13,962).
(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 EIGHT
THOUSAND SIX HUNDRED SEVENTYNINE DOLLARS ($8,679).
SECTION 4. Effective
date applicability. This act shall
take effect July 1, 1998, and shall apply to offenses committed
on or after said date.
SECTION 5. 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.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Patricia K. Dicks Judith M. Rodrigue
ASSISTANT SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO