Second Regular Session
              Sixty-fourth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 04-0667.01 Michael Dohr         HOUSE BILL 04-1170
                    HOUSE SPONSORSHIP
 Cloer,  Schultheis, McFadyen, and Stafford
 
                   SENATE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Judiciary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the sentencing of a defendant convicted of
            second degree assault under the general sentencing
            guidelines in certain circumstances.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not necessarily reflect any amendments that may be subsequently
       adopted.)
       
            In certain circumstances, permits a court to sentence a defendant
       convicted of second degree assault pursuant to the general sentencing
       guidelines, rather than the mandatory sentence requirement of the crime
       of violence statute.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  18-3-203 (2) (c), Colorado Revised Statutes, is
       amended, and the said 18-3-203 (2) is further amended BY THE
       ADDITION OF A NEW PARAGRAPH, to read:
            18-3-203.  Assault in the second degree.  (2) (c)  Except as
       otherwise provided in paragraph (d) of this subsection (2), if a
       defendant is convicted of assault in the second degree pursuant to
       paragraph (b), (c), (d), or (g) of subsection (1) of this section or paragraph
       (b.5) of this subsection (2), except with respect to sexual assault or sexual
       assault in the first degree as it existed prior to July 1, 2000, the court shall
       sentence the defendant in accordance with the provisions of section
       18-1.3-406.  A defendant convicted of assault in the second degree
       pursuant to paragraph (b.5) of this subsection (2) with respect to sexual
       assault or sexual assault in the first degree as it existed prior to July 1,
       2000, shall be sentenced in accordance with section 18-1.3-401 (8) (e) or
       (8) (e.5).
            (d)  The court may sentence the defendant in accordance
       with the provisions of article 1.3 of this title, as if the offense is
       not a crime of violence, if the defendant is convicted of assault
       in the second degree pursuant to paragraph (b), (d), or (g) of
       subsection (1) of this section and the assault was committed
       under one or more of the following circumstances:
            (I)  The victim, at the time of the assault, was on the
       defendant's property unlawfully; or
            (II)  The defendant, at the time of the assault, acted under
       the good-faith, but mistaken, belief in the need for self-defense
       or defense of a third person.
            SECTION 2.  Effective date - applicability.  This act shall take
       effect July 1, 2004, and shall apply to offenses committed on or after said
       date.
            SECTION 3.  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.