Colorado Legislative Council Staff



(Replaces fiscal impact dated January 21, 1999)

Drafting Number:

Prime Sponsor(s):

LLS 99-0356

Rep. Leyba

Sen. Reeves


Bill Status:

Fiscal Analyst:

February 19, 1999

Senate Judiciary

Kirk Mlinek (303-866-4784)



Fiscal Impact Summary

FY 1999/2000

FY 2000/2001

State Revenues

General Fund

Possible Increase in Fine Revenue

State Expenditures

General Fund



FTE Position Change

0.0 FTE

0.0 FTE

Other State Impact: TABOR

Effective Date: July 1, 1999

Appropriation Summary for FY 1999-2000: None

Local Government Impact: Possible county jail impact (See Local Government Section).

Summary of Legislation

            The reengrossed version of the bill would expand the circumstances under which a person may be charged with sexual assault in the second degree. Current law provides for charges of a class 4 felony if, at the time of the assaultive act, the victim is less than 15 years of age, the actor is at least four years older than the victim, and the actor is not the spouse of the victim. The bill would add another sentencing classification for actors whose victims are either 15 or 16 years of age. Specifically, when the actor is at least ten years older than the 15- or 16-year-old victim and is not the spouse of the victim, the sexual assault would be deemed a second degree sexual offense and a class 1 misdemeanor.

State Revenues

            The bill establishes the penalty of class 1 misdemeanor for second degree sexual assault when a victim is 15 or 16 years of age and the perpetrator is at least 10 years older. The penalty for a class 1 misdemeanor is a fine between $500 and $5,000 and/or a sentence to the county jail for six to 18 months. Moneys collected from fines are deposited in the State General Fund. However, because it is at the discretion of the court whether to impose a fine, a jail sentence, or both, the amount of fine revenue collected as a result of this provision cannot be determined.

State Expenditures

            In its current form, the bill does not change the current law concerning felony offenses committed on victims who are less than 15 years of age. As a result, there is no fiscal impact on state expenditures.

Local Government Impact

            The bill is assessed as having a local government fiscal impact. As explained above, since it is at the discretion of the court to impose a jail sentence and/or a fine, the impact to the county jails cannot be determined. Similarly, fine revenue cannot be determined.

State Appropriations

            The fiscal note implies that no appropriation is necessary for the implementation of the bill.

Departments Contacted

            Alternate Defense Counsel     Corrections     Human Services         Judicial

            State Public Defender