Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 22-0885.01 Michael Dohr x4347
HOUSE BILL 22-1257
House Committees Senate Committees
State, Civic, Military, & Veterans Affairs
A BILL FOR AN ACT
C
ONCERNING THE ADOPTION OF 2022 RECOMMENDATIONS OF THE101
C
OLORADO CRIMINAL JUVENI LE JUSTICE COMMISSION102
REGARDING SENTENCING PR OVISIONS FOR OFFENSES .103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Pursuant to law that will take effect March 1, 2022, it is a class 2
misdemeanor to practice the following professions without an active
license, registration, or certification: Professional engineering,
architecture, audiology, dentistry, direct-entry midwifery, medicine,
physician assistant, anesthesiologist assistant, professional nursing,
HOUSE SPONSORSHIP
Weissman,
SENATE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. nursing home administration, optometry, pharmacy, pharmacy technician,
and respiratory therapy. The bill makes practicing those professions
intentionally without a license, registration, or certification a class 6
felony.
The bill states the purposes of probation are:
! To serve as a sentencing option and a response to crime in
order to moderate and deter future criminal behavior and
victimization;
! To support persons in behavior change through the
coordination and provision of effective and individualized
services which may include, but are not limited to,
educational, therapeutic, restorative, and skill-building
services;
! To hold persons accountable for their behavior through
supervision and interventions that promote reparation of
harm to the community and victims, which reparation
includes, but is not limited to, restitution to victims;
! To serve as a cost-effective option for persons appropriate
for community supervision; and
! To honor the statutory and constitutional rights of victims
of crime.
The bill requires a probation officer to issue a summons when a
probationer has allegedly violated a condition of probation or the officer
is seeking probation revocation, with some exceptions.
The bill requires the state court administrator to develop a system
of structured and individualized behavior responses to guide probation
officers in determining how best to respond to probation violations.
Under current law, when a parolee has a technical violation of
parole, a brief period of confinement in a county jail may be imposed as
a sanction. The bill allows that confinement to also be served in a
department of corrections facility.
The bill specifies that for a theft that involves public benefits, the
value of the benefits involved for purposes of determining the level of the
offense is calculated by the difference between the value of the benefits
received and the value of benefits the recipient applied for and was
lawfully eligible for.
Under current law, it is illegal for someone to possess a firearm if
the person was convicted of or adjudicated for a victim's right act crime
that is a felony. The bill adds more felony offenses to the convictions that
prohibit a person from possessing a firearm.
Under current law, it is illegal for someone to possess a firearm if
the person was previously adjudicated for a victim's right act crime that
is a felony offense. The bill allows a person in that situation who has
good cause for possessing a firearm to petition the court for an order
determining that the crime does not apply to the person.
HB22-1257
-2- Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 12-20-407, add2
(1)(e) as follows:3
12-20-407. Unauthorized practice of profession or occupation4
- penalties - exclusions. (1) (e) A
PERSON COMMITS A CLASS 6 FELONY5
AND SHALL BE PUNISHED AS PROVIDED IN SECTION 18-1.3-401 IF THE6
PERSON INTENTIONALLY PRACTICES OR OFFERS OR ATTEMPTS TO PRACTICE7
ANY OF THE FOLLOWING PROFESSIONS OR OCCUPATIONS WITHOUT A8
LICENSE, CERTIFICATION, OR REGISTRATION ISSUED PURSUANT TO THE9
PART OR ARTICLE OF THIS TITLE 12 GOVERNING THE PARTICULAR10
PROFESSION OR OCCUPATION:11
(I) T
HE PROFESSION OF AN ELECTRICIAN , AS REGULATED12
PURSUANT TO ARTICLE 115 OF THIS TITLE 12;13
(II) P
ROFESSIONAL ENGINEERING, AS REGULATED PURSUANT TO14
ARTICLE 120 OF THIS TITLE 12;15
(III) A
RCHITECTURE, AS REGULATED PURSUANT TO ARTICLE 12016
OF THIS TITLE 12;17
(IV) A
UDIOLOGY, AS REGULATED PURSUANT TO ARTICLE 210 OF18
THIS TITLE 12;19
(V) D
ENTISTRY, AS REGULATED PURSUANT TO ARTICLE 220 OF20
THIS TITLE 12;21
(VI) D
IRECT-ENTRY MIDWIFERY, AS REGULATED PURSUANT TO22
ARTICLE 225 OF THIS TITLE 12;23
(VII) M
EDICINE, PRACTICE AS A PHYSICIAN ASSISTANT , OR24
PRACTICE AS AN ANESTHESIOLOGIST ASSISTANT, AS REGULATED PURSUANT25
TO ARTICLE 240 OF THIS TITLE 12;26
HB22-1257-3- (VIII) PROFESSIONAL NURSING, AS REGULATED PURSUANT TO1
ARTICLE 255 OF THIS TITLE 12;2
(IX) N
URSING HOME ADMINISTRATION , AS REGULATED PURSUANT3
TO ARTICLE 265 OF THIS TITLE 12;4
(X) O
PTOMETRY, AS REGULATED PURSUANT TO ARTICLE 275 OF5
THIS TITLE 12;6
(XI) P
HARMACY OR AS A PHARMACY TECHNICIAN , AS REGULATED7
PURSUANT TO ARTICLE 280 OF THIS TITLE 12; OR8
(XII) R
ESPIRATORY THERAPY, AS REGULATED PURSUANT TO9
ARTICLE 300 OF THIS TITLE 12.10
SECTION 2. In Colorado Revised Statutes, add 16-11-201.5 as11
follows:12
16-11-201.5. Purposes of probation. (1) T
HE PURPOSES OF THIS13
ARTICLE 11 WITH RESPECT TO PROBATION ARE:14
(a) T
O SERVE AS A SENTENCING OPTION AND A RESPONSE TO CRIME15
IN ORDER TO MODERATE AND DETER FUTURE CRIMINAL BEHAVIOR AND16
VICTIMIZATION;17
(b) T
O SUPPORT PERSONS IN BEHAVIOR CHANGE THROUGH THE18
COORDINATION AND PROVISION OF EFFECTIVE AND INDIVIDUALIZED19
SERVICES THAT MAY INCLUDE, BUT ARE NOT LIMITED TO, EDUCATIONAL,20
THERAPEUTIC, RESTORATIVE, AND SKILL-BUILDING SERVICES;21
(c) T
O HOLD PERSONS ACCOUNTABLE FOR THEIR BEHAVIOR22
THROUGH SUPERVISION AND INTERVENTIONS THAT PROMOTE REPARATION23
OF HARM TO THE COMMUNITY AND VICTIMS , WHICH REPARATION24
INCLUDES, BUT IS NOT LIMITED TO, RESTITUTION TO VICTIMS;25
(d) T
O SERVE AS A COST -EFFECTIVE OPTION FOR PERSONS26
APPROPRIATE FOR COMMUNITY SUPERVISION ; AND27
HB22-1257
-4- (e) TO HONOR THE STATUTORY AND CONSTITUTIONAL RIGHTS OF1
VICTIMS OF CRIME.2
SECTION 3. In Colorado Revised Statutes, 16-11-205, amend3
(1), (2), and (5); and add (6.5) as follows:4
16-11-205. Arrest of probationer - revocation. (1) A probation5
officer may arrest any probationer when:6
(a) He THE OFFICER has a warrant commanding that the7
probationer be arrested; or8
(b) He THE OFFICER has probable cause to believe that a warrant9
for the probationer's arrest has been issued in this state or another state for10
any criminal offense or for violation of the conditions of probation; or11
(c) Any offense under PURSUANT TO the laws of this state THAT IS12
STATUTORILY ELIGIBLE FOR ARREST has been or is being committed by the13
probationer in his presence; or14
(d) He has probable cause to believe that a crime has been15
committed and the probationer has committed such crime; or16
(e) He THE OFFICER has probable cause to believe that the17
conditions of probation have been violated and probable cause to believe18
that the probationer is leaving or about to leave the state, or that the19
probationer will fail or refuse to appear before the court to answer20
charges of violation of the conditions of probation, or that the arrest of the21
probationer is necessary to prevent physical harm to the probationer22
PROTECT THE SAFETY OF THE COMMUNITY or another person or PREVENT23
the commission of a crime. or24
(f) The probationer, who is on probation as a result of a conviction25
of any felony except a class 1 felony, has been tested for the illegal or26
unauthorized use of a controlled substance and the result of such test is27
HB22-1257
-5- positive.1
(2) If a probation officer has reason to believe that the conditions2
of probation have been violated by any probationer, he may UNLESS ANY3
CIRCUMSTANCES AS PROVIDED IN SUBSECTION (1) OF THIS SECTION EXIST,4
THE PROBATION OFFICER SHALL issue a summons requiring the5
probationer to appear before the court at a specified time and place to6
answer charges of violation of the conditions of probation. W
HEN A7
PROBATION OFFICER HAS REASON TO BELIEVE THAT THE PROBATIONER8
VIOLATED CONDITIONS OF PROBATION AND A PETITION FOR REVOCATION9
IS NECESSARY AND APPROPRIATE SUBJECT TO SECTION 16-11-215, the10
summons, unless accompanied by a copy of a complaint, shall contain a11
brief statement of the violation and the date and place thereof. Failure of12
the probationer to appear before the court as required by the summons13
shall be deemed a violation of the conditions of probation.14
(5) A complaint alleging the violation of a condition of probation15
may be filed either by the probation officer pursuant to subsection (4) of16
this section or by the district attorney. Such complaint shall
MUST contain17
the name of the probationer, shall MUST identify the violation charged and18
the condition of probation alleged to have been violated, including the19
date and approximate location thereof,
MUST INCLUDE A SUMMARY OF THE20
VIOLATION BEHAVIOR HISTORY AND ANY BEHAVIORAL RESPONSES APPLIED21
CONSISTENT WITH THE STRUCTURED AND INDIVIDUALIZED BEHAVIORAL22
RESPONSES DEVELOPED PURSUANT TO SECTION 16-11-215 and shall
MUST23
be signed by the probation officer or the district attorney. A copy thereof24
shall MUST be given to the probationer a reasonable length of time before25
he THE PROBATIONER appears before the court.26
(6.5) U
NLESS THERE IS REASON TO BELIEVE THAT A PROBATIONER27
HB22-1257
-6- WOULD NOT APPEAR, WOULD INTERFERE WITH THE CRIMINAL JUSTICE1
PROCESS, OR POSES SUBSTANTIAL RISK OF SERIOUS HARM TO OTHERS , A2
PROBATION OFFICER SHALL ISSUE A SUMMONS RATHER THAN REQUEST A3
WARRANT WHEN FILING A PETITION FOR REVOCATION .4
SECTION 4. In Colorado Revised Statutes, 16-11-209, repeal (2)5
and (3) as follows:6
16-11-209. Duties of probation officers. (2) Any probationer, on7
probation as a result of a conviction, who is under the supervision of a8
probation officer pursuant to this part 2 and who is initially tested for the9
illegal or unauthorized use of a controlled substance and the result of such10
test is positive shall be subject to any or all of the following actions:11
(a) An immediate warrantless arrest;12
(b) An immediate increase in the level of supervision;13
(c) Random screenings for the detection of the illegal or14
unauthorized use of a controlled substance, which use may serve as the15
basis for additional punishment or any other community placement;16
(d) Referral to a substance use disorder treatment program.17
(3) If any probationer described in subsection (2) of this section18
is subjected to a second or subsequent test for the illegal or unauthorized19
use of a controlled substance and the result of such test is positive, the20
probation officer shall take one or more of the following actions:21
(a) Make an immediate warrantless arrest;22
(b) Seek a probation revocation in accordance with sections23
16-11-205 and 16-11-206;24
(c) Immediately increase the level of supervision;25
(d) Increase the number of drug screenings for the illegal or26
unauthorized use of controlled substances;27
HB22-1257
-7- (e) Refer the probationer to a substance use disorder treatment1
program.2
SECTION 5. In Colorado Revised Statutes, add 16-11-215 as3
follows:4
16-11-215. Structured and individualized behavioral responses.5
(1) B
EFORE JULY 1, 2023, THE STATE COURT ADMINISTRATOR SHALL6
DEVELOP A SYSTEM OF STRUCTURED AND INDIVIDUALIZED BEHAVIORAL7
RESPONSES, INCLUDING INCENTIVES AND SANCTIONS, TO GUIDE PROBATION8
OFFICERS IN DETERMINING HOW BEST TO MOTIVATE POSITIVE BEHAVIOR9
CHANGE AND THE APPROPRIATE RESPONSE TO A VIOLATION OF TERMS AND10
CONDITIONS OF PROBATION.11
(2)
A SYSTEM OF STRUCTURED AND INDIVIDUALIZED RESPONSES12
MUST INCLUDE AN ACCOUNTABILITY -BASED SERIES OF BEHAVIORAL13
RESPONSES, INTERMEDIATE SANCTIONS , INCENTIVES, AND SERVICES14
DESIGNED TO RESPOND TO A PROBATIONER 'S VIOLATION OF PROBATION15
QUICKLY, FAIRLY, CONSISTENTLY, AND PROPORTIONALLY. THE SYSTEM OF16
STRUCTURED AND INDIVIDUALIZED RESPONSES MUST ALSO BE DESIGNED17
TO MOTIVATE POSITIVE BEHAVIOR CHANGE , SUCCESSFUL COMPLETION OF18
PROBATION, AND A PROBATIONER'S INDIVIDUAL BEHAVIORAL OR19
TREATMENT GOALS.20
(3)
PROBATION DEPARTMENTS SHALL USE THE SYSTEM OF21
STRUCTURED AND INDIVIDUALIZED BEHAVIORAL RESPONSES DEVELOPED22
PURSUANT TO THIS SUBSECTION (3) OR DEVELOP AND USE AN EQUIVALENT23
AND LOCALLY DEVELOPED SYSTEM THAT IS ALIGNED TO BEST PRACTICES .24
SECTION 6. In Colorado Revised Statutes, amend 16-11.5-10125
as follows:26
16-11.5-101. Legislative declaration. The general assembly27
HB22-1257
-8- hereby declares that substance abuse, specifically the abuse of alcohol and1
controlled substances, is a major problem in the criminal justice system2
of the state of Colorado and in the entire nation. Substance abuse is a3
significant factor in the commission of crimes, and it is a significant4
factor in impeding the rehabilitation of persons convicted of crimes which5
results in an increased rate of recidivism. Therefore, the general assembly6
hereby resolves to curtail the disastrous effects of substance abuse in the7
criminal justice system by providing for consistency in the response to8
substance abuse throughout the criminal justice system and to improve9
and standardize substance abuse treatment for offenders PEOPLE at each10
stage of the criminal justice system and to provide punitive measures A11
RANGE OF INDIVIDUALIZED BEHAVIORAL RESPONSES for offenders who12
refuse to cooperate with and PEOPLE WHO DO NOT respond SUCCESSFULLY13
to substance abuse treatment while such offenders THE PEOPLE are14
involved with the criminal justice system.15
SECTION 7. In Colorado Revised Statutes, 16-11.5-105, amend16
(2) and (3) as follows:17
16-11.5-105. Departments shall develop testing programs and18
behavioral response systems. (2) Any offender who tests positive for19
the use of alcohol or controlled substances subsequent to the initial test20
required by section 18-1.3-209 C.R.S., shall be subjected to a punitive21
sanction SYSTEM OF STRUCTURED AND INDIVIDUALIZED BEHAVIORAL22
RESPONSES. The judicial department, the department of corrections, the23
state board of parole, and the division of criminal justice of the24
department of public safety shall cooperate to develop and make public25
a range of punitive sanctions STRUCTURED AND INDIVIDUALIZED26
BEHAVIORAL RESPONSES for those offenders PEOPLE under the jurisdiction27
HB22-1257
-9- of each agency which THAT are appropriate to the offenders PEOPLE1
supervised by each particular agency. Such punitive sanctions shall be2
formulated in such a way as to promote fairness and consistency in the3
treatment of offenders and may include, but shall not be limited to,4
increases in the level of an offender's supervision, increases in the use of5
electronic monitoring of an offender, loss of earned time granted pursuant6
to section 17-22.5-405, C.R.S., and referral of the offender to the court or7
the state board of parole for resentencing or revocation of probation or8
parole. A SYSTEM OF STRUCTURED AND INDIVIDUALIZED BEHAVIORAL9
RESPONSES MUST INCLUDE AN ACCOUNTABILITY -BASED SERIES OF10
BEHAVIORAL RESPONSES , SANCTIONS, INCENTIVES, AND SERVICES11
DESIGNED TO RESPOND TO AN OFFENDER'S VIOLATION BEHAVIOR QUICKLY,12
FAIRLY, CONSISTENTLY, AND PROPORTIONALLY. THE SYSTEM MUST ALSO13
BE DESIGNED TO MOTIVATE POSITIVE BEHAVIOR CHANGE , SUCCESSFUL14
COMPLETION OF SUPERVISION , AND AN OFFENDER 'S INDIVIDUALIZED15
TREATMENT OR BEHAVIOR CHANGE GOALS USING RESEARCH -INFORMED16
STRATEGIES DESIGNED TO REDUCE THE LIKELIHOOD OF CONTINUED17
INVOLVEMENT WITH THE CRIMINAL JUSTICE SYSTEM . It is the intent of the18
general assembly that any offender's test which THAT is positive for the19
use of controlled substances or alcohol shall result in an intensified level20
of testing, treatment, supervision, or other sanctions designed to control21
abuse of substances for such offender IS ADDRESSED WITH A RANGE OF22
BEHAVIORAL RESPONSES PRIOR TO CONSIDERATION FOR REVOCATION OR23
RESENTENCING BY THE COURT OR PRIOR TO CONSIDERATION OF24
REVOCATION BY THE STATE BOARD OF PAROLE .25
(3) The judicial department, the department of corrections, the26
state board of parole, and the division of criminal justice of the27
HB22-1257
-10- department of public safety shall cooperate to develop AND IMPLEMENT1
a range of incentives for offenders under the jurisdiction of each2
particular agency to discontinue abuse of MOTIVATE RECOVERY FROM A3
SUBSTANCE USE DISORDER AND ABSTINENCE FROM HARMFUL USE OF4
alcohol or controlled substances.5
SECTION 8. In Colorado Revised Statutes, 17-2-103, amend6
(1.5)(e) and (1.5)(f) as follows:7
17-2-103. Arrest of parolee - revocation proceedings.8
(1.5) (e) A parolee's community parole officer must notify the parolee9
when a brief term of incarceration CONFINEMENT in jail may be imposed10
as an intermediate sanction against the parolee.11
(f) C
ONFINEMENT AS AN INTERMEDIATE SANCTION MAY BE12
PROVIDED IN ANY FACILITY OPERATED OR APPROVED BY THE DEPARTMENT13
OF CORRECTIONS OR IN A COUNTY JAIL . The division of adult parole is14
responsible for reimbursing county jails for beds used as an intermediate15
sanction. The sheriff of each county has the authority and discretion to16
determine the number of jail beds, if any, that are available to the17
department of corrections in their respective facilities for the purpose of18
imposing an intermediate sanction. If jail beds are unavailable in the local19
community of the facility in which the parolee is being supervised, the20
division of adult parole is authorized to utilize
ANY FACILITY OPERATED21
OR APPROVED BY THE DEPARTMENT OF CORRECTIONS OR other available22
county jail beds if transportation to and from the jail is provided to the23
parolee.24
SECTION 9. In Colorado Revised Statutes, 18-1.3-102, amend25
(2) as follows:26
18-1.3-102. Deferred sentencing of defendant. (2) Prior to entry27
HB22-1257
-11- of a plea of guilty to be followed by deferred judgment and sentence, the1
district attorney, in the course of plea discussion as provided in sections2
16-7-301 and 16-7-302 C.R.S., is authorized to enter into a written3
stipulation, to be signed by the defendant, the defendant's attorney of4
record, and the district attorney, under which the defendant is obligated5
to adhere to such stipulation. The conditions imposed in the stipulation6
shall be AND THE RESPONSES TO VIOLATION BEHAVIOR ARE similar in all7
respects to conditions permitted as part of probation. A person convicted8
of a crime, the underlying factual basis of which included an act of9
domestic violence, as defined in section 18-6-800.3 (1), shall stipulate to10
the conditions specified in section 18-1.3-204 (2)(b). In addition, the11
stipulation may require the defendant to perform community or charitable12
work service projects or make donations thereto. Upon full compliance13
with such conditions by the defendant, the plea of guilty previously14
entered shall be withdrawn and the charge upon which the judgment and15
sentence of the court was deferred shall be dismissed with prejudice. The16
stipulation shall specifically provide that, upon a breach by the defendant17
of any condition regulating the conduct of the defendant, the court shall18
enter judgment and impose sentence upon the guilty plea; except that, if19
the offense is a violation of article 18 of this title TITLE 18, the court may20
accept an admission or find a violation of the stipulation without entering21
judgment and imposing sentence if the court first makes findings of fact22
on the record stating the entry of judgment and sentencing would not be23
consistent with the purposes of sentencing, that the defendant would be24
better served by continuing the deferred judgment period, and that public25
safety would not be jeopardized by the continuation of the deferred26
judgment. If the court makes those findings and continues the deferred27
HB22-1257
-12- judgment over the objection of the prosecution, the court shall also1
impose additional and immediate sanctions upon the defendant to address2
the violation, to include, but not be limited to, the imposition of further3
terms and conditions that will enhance the likelihood of the defendant's4
success, respond to the defendant's noncompliance, and promote further5
individual accountability, including extending the time period of the6
deferred judgment for up to two additional years or incarceration in the7
county jail for a period not to exceed ninety days consistent with the8
provisions of section 18-1.3-202 (1), or both. When, as a condition of the9
deferred sentence, the court orders the defendant to make restitution,10
evidence of failure to pay the restitution shall constitute prima facie11
evidence of a violation. Whether a breach of condition has occurred shall12
be determined by the court without a jury upon application of the district13
attorney or a probation officer and upon notice of hearing thereon of not14
less than seven days to the defendant or the defendant's attorney of15
record. Application for entry of judgment and imposition of sentence may16
be made by the district attorney or a probation officer at any time within17
the term of the deferred judgment or within thirty-five days thereafter.18
The burden of proof at the hearing shall be by a preponderance of the19
evidence, and the procedural safeguards required in a revocation of20
probation hearing shall apply.21
SECTION 10. In Colorado Revised Statutes, 18-4-401, add (11)22
as follows:23
18-4-401. Theft - definition - repeal. (11) (a) F
OR THE PURPOSES24
OF CALCULATING THE VALUE OF THE PUBLIC BENEFIT INVOLVED FOR THE25
PURPOSES OF SUBSECTION (2) OF THIS SECTION, THE VALUE OF A PUBLIC26
BENEFIT THEFT PURSUANT TO SUBSECTION (1)(f) OF THIS SECTION IS THE27
HB22-1257
-13- DIFFERENCE BETWEEN THE VALUE OF THE PUBLIC BENEFIT RECEIVED AND1
THE VALUE OF THE PUBLIC BENEFIT THE RECIPIENT WAS ELIGIBLE FOR .2
(b)
AS USED IN THIS SUBSECTION (11), "PUBLIC BENEFITS" MEANS3
SERVICES OR AID, OR BOTH, INCLUDING FOOD, CASH, AND MEDICAL4
ASSISTANCE, PROVIDED THROUGH AN APPROPRIATION OF FEDERAL , STATE,5
OR LOCAL GOVERNMENT MONEY TO INDIVIDUALS OR HOUSEHOLDS THAT ,6
BECAUSE OF THEIR ECONOMIC CIRCUMSTANCES OR SOCIAL CONDITION , ARE7
IN NEED OF AND MAY BENEFIT FROM SUCH SERVICES OR AID .8
SECTION 11. In Colorado Revised Statutes, 18-12-108, amend9
as they will become effective March 1, 2022, (1) and (3); and add (7)10
as follows:11
18-12-108. Possession of weapons by previous offenders. (1) A12
person commits the crime of possession of a weapon by a previous13
offender if the person knowingly possesses, uses, or carries upon his or14
her person a firearm as defined in section 18-1-901 (3)(h) or any other15
weapon that is subject to the provisions of this article 12 subsequent to16
the person's conviction for a felony crime as defined in section 24-4.1-30217
(1)
OR LISTED IN SUBSECTION (7) OF THIS SECTION, or subsequent to the18
person's conviction for attempt or conspiracy to commit a crime as19
defined in section 24-4.1-302 (1) that is a felony, under
PURSUANT TO20
Colorado or any other state's law or under PURSUANT TO federal law.21
(3) (a) A person commits the crime of possession of a weapon by22
a previous offender if the person knowingly possesses, uses, or carries23
upon his or her person a firearm as defined in section 18-1-901 (3)(h) or24
any other weapon that is subject to the provisions of this article 1225
subsequent to the person's adjudication for an act which, if committed by26
an adult, would constitute a felony crime as defined in section 24-4.1-30227
HB22-1257
-14- (1) OR LISTED IN SUBSECTION (7) OF THIS SECTION, or subsequent to the1
person's adjudication for attempt or conspiracy to commit a crime as2
defined in section 24-4.1-302 (1) that is a felony, under PURSUANT TO3
Colorado or any other state's law or under PURSUANT TO federal law in the4
previous ten years from the completion of the person's sentence for the5
adjudication of a felony crime as defined in section 24-4.1-302 (1), or6
subsequent to the person's adjudication for attempt or conspiracy to7
commit a crime as defined in section 24-4.1-302 (1) that is a felony, under8
PURSUANT TO Colorado or any other state's law or under PURSUANT TO9
federal law in the previous ten years.10
(b) I
F A PERSON COMPLETES A SENTENCE FOR THE ADJUDICATION11
OF A FELONY CRIME AS DEFINED IN SECTION 24-4.1-302 (1) OR LISTED IN12
SUBSECTION (7) OF THIS SECTION, OR SUBSEQUENT TO THE PERSON 'S13
ADJUDICATION FOR ATTEMPT OR CONSPIRACY TO COMMIT A CRIME AS14
DEFINED IN SECTION 24-4.1-302 (1) OR LISTED IN SUBSECTION (7) OF THIS15
SECTION THAT IS A FELONY PURSUANT TO COLORADO OR ANY OTHER16
STATE'S LAW OR UNDER FEDERAL LAW, AND THE PERSON HAS GOOD CAUSE17
FOR POSSESSING, USING, OR CARRYING A FIREARM AS DEFINED IN SECTION18
18-1-901 (3)(h)
OR ANY OTHER WEAPON THAT IS SUBJECT TO THIS ARTICLE19
12,
THE PERSON MAY PETITION THE COURT FOR AN ORDER DETERMINING20
THAT SUBSECTION (3)(a) OF THIS SECTION DOES NOT APPLY TO THE PERSON21
IF THE PERSON OTHERWISE LEGALLY POSSESSES , USES, OR CARRIES UPON22
HIS OR HER PERSON A FIREARM AS DEFINED IN SECTION 18-1-901 (3)(h) OR23
ANY OTHER WEAPON THAT IS SUBJECT TO THIS ARTICLE 12. A COURT24
SHALL ENTER AN ORDER DETERMINING THAT SUBSECTION (3)(a) OF THIS25
SECTION DOES NOT APPLY TO THE PERSON IF THE COURT FINDS , UPON26
REQUEST OF THE PERSON AND BY A PREP ONDERANCE OF THE EVIDENCE ,27
HB22-1257
-15- THERE IS GOOD CAUSE FOR THE PERSON TO POSSESS , USE, OR CARRY A1
FIREARM AS DEFINED IN SECTION 18-1-901 (3)(h) OR ANY OTHER WEAPON2
THAT IS SUBJECT TO THIS ARTICLE 12.3
(7) I
N ADDITION TO A CONVICTION FOR FELONY CRIME AS DEFINED4
IN SECTION 24-4.1-302 (1), A FELONY CONVICTION OR ADJUDICATION FOR5
ONE OF THE FOLLOWING FELONIES PROHIBITS A PERSON FROM POSSESSING ,6
USING, OR CARRYING UPON HIS OR HER PERSON A FIREARM AS DEFINED IN7
SECTION 18-1-901 (3)(h) OR ANY OTHER WEAPON THAT IS SUBJECT TO THIS8
ARTICLE 12 PURSUANT TO SUBSECTION (1) OR (3) OF THIS SECTION:9
(a) A
N OFFENSE SUBJECT TO SENTENCING PURSUANT TO SECTION10
18-1.3-1004;11
(b) F
IRST DEGREE MURDER OF A PEACE OFFICER, FIREFIGHTER, OR12
EMERGENCY MEDICAL SERVICE PROVIDER IN VIOLATION OF SECTION13
18-3-107;14
(c) C
RIMINAL EXTORTION IN VIOLATION OF SECTION 18-3-207;15
(d) F
ALSE IMPRISONMENT IN VIOLATION OF SECTION 18-3-303;16
(e) E
NTICEMENT OF A CHILD IN VIOLATION OF SECTION 18-3-305;17
(f) I
NTERNET LURING OF A CHILD IN VIOLATION OF SECTION18
18-3-306;19
(g) I
NTERNET SEXUAL EXPLOITATION OF A CHILD IN VIOLATION OF20
SECTION 18-3-405.4;21
(h) U
NLAWFUL SEXUAL CONDUCT BY A PEACE OFFICER IN22
VIOLATION OF SECTION 18-3-405.7;23
(i) U
NLAWFUL TERMINATION OF A PREGNANCY IN THE FIRST24
DEGREE IN VIOLATION OF SECTION 18-3.5-103;25
(j) U
NLAWFUL TERMINATION OF A PREGNANCY IN THE SECOND26
DEGREE IN VIOLATION OF SECTION 18-3.5-104;27
HB22-1257
-16- (k) FIRST DEGREE ARSON IN VIOLATION OF SECTION 18-4-102;1
(l) S
ECOND DEGREE ARSON IN VIOLATION OF SECTION 18-4-103;2
(m) T
HIRD DEGREE ARSON IN VIOLATION OF SECTION 18-4-104;3
(n) F
OURTH DEGREE ARSON IN VIOLATION OF SECTION 18-4-105;4
(o) H
ABITUAL CHILD ABUSE IN VIOLATION OF SECTION 18-6-401.2;5
(p) C
ONTRIBUTING TO THE DELINQUENCY OF A MINOR IN6
VIOLATION OF SECTION 18-6-701;7
(q) P
ANDERING IN VIOLATION OF SECTION 18-7-203;8
(r) P
IMPING IN VIOLATION OF SECTION 18-7-206;9
(s) P
ANDERING OF A CHILD IN VIOLATION OF SECTION 18-7-403;10
(t) P
ROCUREMENT OF A CHILD IN VIOLATION OF SECTION11
18-7-403.5;12
(u) K
EEPING A PLACE OF CHILD PROSTITUTION IN VIOLATION OF13
SECTION 18-7-404;14
(v) I
MPERSONATING A PEACE OFFICER IN VIOLATION OF SECTION15
18-8-112;16
(w) D
ISARMING A PEACE OFFICER IN VIOLATION OF SECTION17
18-8-116;18
(x) A
IDING ESCAPE FROM AN INSTITUTION FOR THE CARE AND19
TREATMENT OF PERSONS WITH BEHAVIORAL OR MENTAL HEALTH20
DISORDERS IN VIOLATION OF SECTION 18-8-201.1;21
(y) A
SSAULT DURING ESCAPE IN VIOLATION OF SECTION 18-8-206;22
(z) H
OLDING HOSTAGES IN VIOLATION OF SECTION 18-8-207;23
(aa) E
SCAPE IN VIOLATION OF SECTION 18-8-208;24
(bb) A
TTEMPT TO ESCAPE IN VIOLATION OF SECTION 18-8-208.1;25
(cc) P
ARTICIPATION IN A RIOT IN DETENTION FACILITIES IN26
VIOLATION OF SECTION 18-8-211;27
HB22-1257
-17- (dd) INTIMIDATING A JUROR IN VIOLATION OF SECTION 18-8-608;1
(ee) I
NCITING A RIOT IN VIOLATION OF SECTION 18-9-102;2
(ff) A
RMING A RIOTER IN VIOLATION OF SECTION 18-9-103;3
(gg) E
NGAGING IN A RIOT IN VIOLATION OF SECTION 18-9-104;4
(hh) V
EHICULAR ELUDING IN VIOLATION OF SECTION 18-9-116.5;5
(ii) F
IREARMS, EXPLOSIVES, OR INCENDIARY DEVICES IN FACILITIES6
OF PUBLIC TRANSPORTATION IN VIOLATION OF SECTION 18-9-118;7
(jj) F
AILURE OR REFUSAL TO LEAVE PREMISES OR PROPERTY UPON8
REQUEST OF A PEACE OFFICER IN VIOLATION OF SECTION 18-9-119;9
(kk) T
ERRORIST TRAINING ACTIVITIES IN VIOLATION OF SECTION10
18-9-120;11
(ll) A
GGRAVATED CRUELTY TO ANIMALS IN VIOLATION OF SECTION12
18-9-202;13
(mm) T
REASON IN VIOLATION OF SECTION 18-11-101;14
(nn) I
NSURRECTION IN VIOLATION OF SECTION 18-11-102;15
(oo) A
DVOCATING THE OVERTHROW OF THE GOVERNMENT IN16
VIOLATION OF SECTION 18-11-201;17
(pp) I
NCITING DESTRUCTION OF LIFE OR PROPERTY IN VIOLATION18
OF SECTION 18-11-202;19
(qq) M
EMBERSHIP IN ANARCHIST AND SEDITIOUS ASSOCIATIONS IN20
VIOLATION OF SECTION 18-11-203;21
(rr) P
OSSESSING A DANGEROUS OR ILLEGAL WEAPON IN VIOLATION22
OF SECTION 18-12-102;23
(ss) U
NLAWFULLY CARRYING A WEAPON IN VIOLATION OF SECTION24
18-12-105.5;25
(tt) U
SE OF A STUN GUN IN VIOLATION OF SECTION 18-12-106.5;26
(uu) I
LLEGAL DISCHARGE OF A FIREARM IN VIOLATION OF SECTION27
HB22-1257
-18- 18-12-107.5;1
(vv) P
OSSESSION OF A WEAPON BY A PREVIOUS OFFENDER IN2
VIOLATION OF SECTION 18-12-108 IF COMMITTED ON OR AFTER MARCH 1,3
2022;4
(ww) P
OSSESSION OF A HANDGUN BY A JUVENILE IN VIOLATION OF5
SECTION 18-12-108.5;6
(xx) U
NLAWFULLY PROVIDING OR PERMITTING A JUVENILE TO7
POSSESS A HANDGUN IN VIOLATION OF SECTION 18-12-108.7;8
(yy) P
OSSESSION, USE, OR REMOVAL OF EXPLOSIVES OR9
INCENDIARY DEVICES IN VIOLATION OF SECTION 18-12-109;10
(zz) U
NLAWFUL PURCHASE OF A FIREARM IN VIOLATION OF11
SECTION 18-12-111;12
(aaa) P
OSSESSING A LARGE-CAPACITY MAGAZINE DURING THE13
COMMISSION OF A CRIME OF VIOLENCE IN VIOLATION OF SECTION14
18-12-302 (1)(c);15
(bbb) D
UELING IN VIOLATION OF SECTION 18-13-104;16
(ccc) I
NTENTIONALLY SETTING A WILDFIRE IN VIOLATION OF17
SECTION 18-13-109.5;18
(ddd) U
NLAWFUL ADMINISTRATION OF KETAMINE IN VIOLATION OF19
SECTION18-13-123;20
(eee) S
MUGGLING OF A HUMAN IN VIOLATION OF SECTION21
18-13-128;22
(fff) O
RGANIZED CRIME IN VIOLATION OF SECTION 18-17-104;23
(ggg) A
SPECIAL OFFENDER IN VIOLATION OF SECTION 18-18-40724
(1)(d)(II);
AND25
(hhh) A
CRIMINAL ATTEMPT, COMPLICITY, OR CONSPIRACY TO26
COMMIT ANY OF THE OFFENSES LISTED IN THIS SUBSECTION (7).27
HB22-1257
-19- SECTION 12. Safety clause. The general assembly hereby finds,1
determines, and declares that this act is necessary for the immediate2
preservation of the public peace, health, or safety.3
HB22-1257
-20-