Colorado Legislative Council Staff

NO FISCAL IMPACT

TITLE:            CONCERNING THE STRENGTHENING OF THE CRIME OF BURGLARY.

Summary of Assessment

            The bill amends the definitions section of the statutes concerning burglary and related offenses. The language in current law states:

(3) A person "unlawfully enters or remains" in or upon premises when he is not licensed, invited, or otherwise privileged to do so.

As amended by the bill, subsection (3) would reads as shown below.

(3) A person "enters unlawfully" or "remains unlawfully" in or upon premises when the person is not licensed, invited, or otherwise privileged to do so.

            Sections 2 and 3 of the bill conform the statutes for both first and second degree burglary to reflect the definition noted above.

            The penalty ranges associated with first and second degree burglaries are not affected by the bill. The bill would become effective July 1, 1999, and would apply to offenses committed on or after the effective date.

            The bill is meant to clarify the law relating to first and second degree burglary and is assessed as having no fiscal impact on state revenues or expenditures or units of local government. The clarification is necessary as a result of a recent Colorado Supreme Court decision, Cooper v. The People. Absent the provisions of the bill, a person could lawfully enter a building, inappropriately stay after closing, commit a theft, and only be charged with trespass. The bill clarifies that the point in time that a person forms the intent to commit a theft is not material to the applicability of the laws relating to burglary.

Departments Contacted

            DOC Judicial Public Defender Alternate Defense Counsel