First Regular Session
Sixty-second General Assembly
LLS NO. 99-0308.01 Julie Pelegrin HOUSE BILL 99-1196
STATE OF COLORADO
BY REPRESENTATIVES Tate, Grossman, and Plant;
also SENATORS Perlmutter and Rupert.
JUDICIARY
A BILL FOR AN ACT
101 CONCERNING REDUCTION IN CORRECTIONS EXPENDITURES.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Requires incarceration for 3 times the maximum of the
presumptive range on a third conviction following 2 felony convictions
within 10 years only if the third conviction is for a class 2 or 3 felony or
a felony crime of violence. Requires incarceration for 4 times the
maximum of the presumptive range on a fourth conviction following 3
felony convictions only if the fourth conviction is for a class 2 or 3 felony
or a felony crime of violence.
Requires mandatory incarceration for a third felony conviction
only if the third felony is a class 2, 3, or 4 felony or is any other felony
that is a crime of violence.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 16-13-101 (1.5) and (2), Colorado Revised Statutes,
3 are amended to read:
4 16-13-101. Punishment for habitual criminals. (1.5) Every
5 person convicted in this state of any class 1, 2, 3, 4, or 5 felony OR 3
6 FELONY OR ANY OTHER FELONY THAT IS A CRIME OF VIOLENCE, AS
7 DESCRIBED IN SECTION 16-11-309, who, within ten years of the date of the
8 commission of the said offense, has been twice previously convicted upon
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
Page 2
1 charges separately brought and tried, and arising out of separate and
2 distinct criminal episodes, either in this state or elsewhere, of a felony or,
3 under the laws of any other state, the United States, or any territory
4 subject to the jurisdiction of the United States, of a crime which THAT, if
5 committed within this state, would be a felony shall be adjudged an
6 habitual criminal and shall be punished for the felony offense of which
7 such person is convicted by confinement in a correctional facility for a
8 term of three times the maximum of the presumptive range pursuant to
9 section 18-1-105, C.R.S., for the class of felony of which such person is
10 convicted.
11 (2) Every person convicted in this state of any felony, A CLASS 2
12 OR 3 FELONY OR ANY OTHER FELONY THAT IS A CRIME OF VIOLENCE, AS
13 DESCRIBED IN SECTION 16-11-309, who has been three times previously
14 convicted, upon charges separately brought and tried, and arising out of
15 separate and distinct criminal episodes, either in this state or elsewhere,
16 of a felony or, under the laws of any other state, the United States, or any
17 territory subject to the jurisdiction of the United States, of a crime which
18 THAT, if committed within this state, would be a felony, shall be adjudged
19 an habitual criminal and shall be punished for the felony offense of which
20 such person is convicted by imprisonment in a correctional facility for a
21 term of four times the maximum of the presumptive range pursuant to
22 section 18-1-105, C.R.S., for the class of felony of which such person is
23 convicted. Such former conviction or convictions and judgment or
24 judgments shall be set forth in apt words in the indictment or information.
25 Nothing in this part 1 shall abrogate or affect the punishment by death in
26 any and all crimes punishable by death on or after July 1, 1972.
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1 SECTION 2. 18-1-105 (1) (b) (II), Colorado Revised Statutes, is
2 amended to read:
3 18-1-105. Felonies classified - presumptive penalties.
4 (1) (b) (II) (A) As to any person sentenced for a felony committed on or
5 after July 1, 1985, a person may be sentenced to imprisonment as
6 described in subparagraph (I) of this paragraph (b) or to pay a fine that is
7 within the presumptive ranges set forth in subparagraph (III) of paragraph
8 (a) of this subsection (1) or to both such fine and imprisonment; except
9 that any person who has been twice convicted of a felony under the laws
10 of this state, any other state, or the United States prior to the conviction
11 for which he or she is being sentenced shall not be eligible to receive a
12 fine in lieu of any sentence to imprisonment as described in subparagraph
13 (I) of this paragraph (b) but shall be sentenced to at least the minimum
14 sentence specified in subparagraph (V) of paragraph (a) of this subsection
15 (1) and may receive a fine in addition to said sentence.
16 (B) THE PROVISIONS OF SUB-SUBPARAGRAPH (A) OF THIS
17 SUBPARAGRAPH (II) REQUIRING MANDATORY INCARCERATION ON A THIRD
18 FELONY CONVICTION SHALL APPLY ONLY IF THE THIRD CONVICTION IS FOR
19 A CLASS 2, 3, OR 4 FELONY OR ANY OTHER FELONY THAT IS A CRIME OF
20 VIOLENCE, AS DESCRIBED IN SECTION 16-11-309, C.R.S.
21 SECTION 3. Effective date - applicability. This act shall take
22 effect upon passage and shall apply to sentences entered on or after said
23 date.
24 SECTION 4. Safety clause. The general assembly hereby finds,
25 determines, and declares that this act is necessary for the immediate
26 preservation of the public peace, health, and safety.