Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 22-0885.01 Michael Dohr x4347
HOUSE BILL 22-1257
House Committees Senate Committees
State, Civic, Military, & Veterans Affairs
Judiciary
Appropriations
A BILL FOR AN ACT
C
ONCERNING THE ADOPTION OF 2022 RECOMMENDATIONS OF THE101
C
OLORADO CRIMINAL JUVENI LE JUSTICE COMMISSION102
REGARDING SENTENCING PROVISIONS FOR
OFFENSES, AND, IN103
CONNECTION THEREWITH , MAKING AN APPROPRIATION .104
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,
HOUSE
Amended 2nd Reading
March 3, 2022
HOUSE SPONSORSHIP
Weissman and Soper,
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. architecture, audiology, dentistry, direct-entry midwifery, medicine,
physician assistant, anesthesiologist assistant, professional nursing,
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
1257
-2- good cause for possessing a firearm to petition the court for an order
determining that the crime does not apply to the person.
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 PRACTICES OR OFFERS OR ATTEMPTS TO PRACTICE ANY OF THE7
FOLLOWING PROFESSIONS OR OCCUPATIONS AND INTENTIONALLY AND8
FRAUDULENTLY REPRESENTS ONESELF AS A LICENSED, CERTIFIED, OR9
REGISTERED PROFESSIONAL OR PRACTITIONER ISSUED PURSUANT TO A10
PART OR ARTICLE OF THIS TITLE 12 GOVERNING THE PARTICULAR11
PROFESSION OR OCCUPATION.12
13
(I) PROFESSIONAL ENGINEERING, AS REGULATED PURSUANT TO14
ARTICLE 120 OF THIS TITLE 12;15
(II) ARCHITECTURE, AS REGULATED PURSUANT TO ARTICLE 120 OF16
THIS TITLE 12;17
(III) AUDIOLOGY, AS REGULATED PURSUANT TO ARTICLE 210 OF18
THIS TITLE 12;19
(IV) DENTISTRY, AS REGULATED PURSUANT TO ARTICLE 220 OF20
THIS TITLE 12;21
(V) DIRECT-ENTRY MIDWIFERY, AS REGULATED PURSUANT TO22
ARTICLE 225 OF THIS TITLE 12;23
(VI) MEDICINE, PRACTICE AS A PHYSICIAN ASSISTANT , OR24
PRACTICE AS AN ANESTHESIOLOGIST ASSISTANT, AS REGULATED PURSUANT25
1257-3- TO ARTICLE 240 OF THIS TITLE 12;1
(VII) PROFESSIONAL NURSING, AS REGULATED PURSUANT TO2
ARTICLE 255 OF THIS TITLE 12;3
(VIII) NURSING HOME ADMINISTRATION , AS REGULATED4
PURSUANT TO ARTICLE 265 OF THIS TITLE 12;5
(IX) OPTOMETRY, AS REGULATED PURSUANT TO ARTICLE 275 OF6
THIS TITLE 12;7
(X) PHARMACY OR AS A PHARMACY TECHNICIAN , AS REGULATED8
PURSUANT TO ARTICLE 280 OF THIS TITLE 12; OR9
(XI) RESPIRATORY THERAPY, AS REGULATED PURSUANT TO10
ARTICLE 300 OF THIS TITLE 12.11
SECTION 2. In Colorado Revised Statutes, add 16-11-201.5 as12
follows:13
16-11-201.5. Purposes of probation. (1) T
HE PURPOSES OF THIS14
ARTICLE 11 WITH RESPECT TO PROBATION ARE:15
(a) T
O SERVE AS A SENTENCING OPTION AND A RESPONSE TO CRIME16
IN ORDER TO MODERATE AND DETER FUTURE CRIMINAL BEHAVIOR AND17
VICTIMIZATION;18
(b) T
O SUPPORT PERSONS IN BEHAVIOR CHANGE THROUGH THE19
COORDINATION AND PROVISION OF EFFECTIVE AND INDIVIDUALIZED20
SERVICES THAT MAY INCLUDE, BUT ARE NOT LIMITED TO, EDUCATIONAL,21
THERAPEUTIC, RESTORATIVE, AND SKILL-BUILDING SERVICES;22
(c) T
O HOLD PERSONS ACCOUNTABLE FOR THEIR BEHAVIOR23
THROUGH SUPERVISION AND INTERVENTIONS THAT PROMOTE REPARATION24
OF HARM TO THE COMMUNITY AND VICTIMS , WHICH REPARATION25
INCLUDES, BUT IS NOT LIMITED TO, RESTITUTION TO VICTIMS;26
(d) T
O SERVE AS A COST -EFFECTIVE OPTION FOR PERSONS27
1257
-4- APPROPRIATE FOR COMMUNITY SUPERVISION ; AND1
(e) T
O HONOR THE STATUTORY AND CONSTITUTIONAL RIGHTS OF2
VICTIMS OF CRIME.3
SECTION 3. In Colorado Revised Statutes, 16-11-205, amend4
(1), (2), and (5); and add (6.5) as follows:5
16-11-205. Arrest of probationer - revocation. (1) A probation6
officer may arrest any probationer when:7
(a) He
THE OFFICER has a warrant commanding that the8
probationer be arrested; or9
(b) He THE OFFICER has probable cause to believe that a warrant10
for the probationer's arrest has been issued in this state or another state for11
any criminal offense or for violation of the conditions of probation; or12
(c) Any offense under PURSUANT TO the laws of this state THAT IS13
STATUTORILY ELIGIBLE FOR ARREST has been or is being committed by the14
probationer in his presence; or15
(d) He has probable cause to believe that a crime has been16
committed and the probationer has committed such crime; or17
(e) He THE OFFICER has probable cause to believe that the18
conditions of probation have been violated and probable cause to believe19
that the probationer is leaving or about to leave the state, or that the20
probationer will fail or refuse to appear before the court to answer21
charges of violation of the conditions of probation, or that the arrest of the22
probationer is necessary to prevent physical harm to the probationer23
PROTECT THE SAFETY OF THE COMMUNITY or another person or PREVENT24
the commission of a crime. or25
(f) The probationer, who is on probation as a result of a conviction26
of any felony except a class 1 felony, has been tested for the illegal or27
1257
-5- unauthorized use of a controlled substance and the result of such test is1
positive.2
(2) If a probation officer has reason to believe that the conditions3
of probation have been violated by any probationer, he may UNLESS ANY4
CIRCUMSTANCES AS PROVIDED IN SUBSECTION (1) OR (6.5) OF THIS5
SECTION EXIST, WHEN A PROBATION OFFICER HAS REASON TO BELIEVE6
THAT THE PROBATIONER VIOLATED CONDITIONS OF PROBATION AND THAT7
A PETITION FOR REVOCATION IS NECESSARY AND APPROPRIATE SUBJECT TO8
SECTION 16-11-215, THE PROBATION OFFICER SHALL issue a summons9
requiring the probationer to appear before the court at a specified time10
and place to answer charges of violation of the conditions of probation.11
The summons, unless accompanied by a copy of a complaint, shall12
contain a brief statement of the violation and the date and place thereof.13
Failure of the probationer to appear before the court as required by the14
summons shall be deemed a violation of the conditions of probation.15
(5) A complaint alleging the violation of a condition of probation16
may be filed either by the probation officer pursuant to subsection (4) of17
this section or by the district attorney. Such complaint shall MUST contain18
the name of the probationer, shall MUST identify the violation charged and19
the condition of probation alleged to have been violated, including the20
date and approximate location thereof,
MUST INCLUDE A SUMMARY OF THE21
VIOLATION BEHAVIOR HISTORY AND ANY BEHAVIORAL RESPONSES APPLIED22
CONSISTENT WITH THE STRUCTURED AND INDIVIDUALIZED BEHAVIORAL23
RESPONSES DEVELOPED PURSUANT TO SECTION 16-11-215 and shall
MUST24
be signed by the probation officer or the district attorney. A copy thereof25
shall MUST be given to the probationer a reasonable length of time before26
he THE PROBATIONER appears before the court.27
1257
-6- (6.5) UNLESS THERE IS REASON TO BELIEVE THAT A PROBATIONER1
WOULD NOT APPEAR, WOULD INTERFERE WITH THE CRIMINAL JUSTICE2
PROCESS, OR POSES SUBSTANTIAL RISK OF SERIOUS HARM TO OTHERS , A3
PROBATION OFFICER SHALL ISSUE A SUMMONS RATHER THAN REQUEST A4
WARRANT WHEN FILING A PETITION FOR REVOCATION .5
SECTION 4. In Colorado Revised Statutes, 16-11-209, repeal (2)6
and (3) as follows:7
16-11-209. Duties of probation officers. (2) Any probationer, on8
probation as a result of a conviction, who is under the supervision of a9
probation officer pursuant to this part 2 and who is initially tested for the10
illegal or unauthorized use of a controlled substance and the result of such11
test is positive shall be subject to any or all of the following actions:12
(a) An immediate warrantless arrest;13
(b) An immediate increase in the level of supervision;14
(c) Random screenings for the detection of the illegal or15
unauthorized use of a controlled substance, which use may serve as the16
basis for additional punishment or any other community placement;17
(d) Referral to a substance use disorder treatment program.18
(3) If any probationer described in subsection (2) of this section19
is subjected to a second or subsequent test for the illegal or unauthorized20
use of a controlled substance and the result of such test is positive, the21
probation officer shall take one or more of the following actions:22
(a) Make an immediate warrantless arrest;23
(b) Seek a probation revocation in accordance with sections24
16-11-205 and 16-11-206;25
(c) Immediately increase the level of supervision;26
(d) Increase the number of drug screenings for the illegal or27
1257
-7- unauthorized use of controlled substances;1
(e) Refer the probationer to a substance use disorder treatment2
program.3
SECTION 5. In Colorado Revised Statutes, add 16-11-215 as4
follows:5
16-11-215. Structured and individualized behavioral responses6
- repeal. (1) B EFORE JULY 1, 2023, THE STATE COURT ADMINISTRATOR7
SHALL DEVELOP A SYSTEM OF STRUCTURED AND INDIVIDUALIZED8
BEHAVIORAL RESPONSES, INCLUDING INCENTIVES AND SANCTIONS , TO9
GUIDE PROBATION OFFICERS IN DETERMINING HOW BEST TO MOTIVATE10
POSITIVE BEHAVIOR CHANGE AND THE APPROPRIATE RESPONSE TO A11
VIOLATION OF TERMS AND CONDITIONS OF PROBATION .12
(2)
A SYSTEM OF STRUCTURED AND INDIVI DUALIZED RESPONSES13
MUST INCLUDE AN ACCOUNTABILITY -BASED SERIES OF BEHAVIORAL14
RESPONSES, INTERMEDIATE SANCTIONS , INCENTIVES, AND SERVICES15
DESIGNED TO RESPOND TO A PROBATIONER 'S VIOLATION OF PROBATION16
QUICKLY, FAIRLY, CONSISTENTLY, AND PROPORTIONALLY. THE SYSTEM OF17
STRUCTURED AND INDIVIDUALIZED RESPONSES MUST ALSO BE DESIGNED18
TO MOTIVATE POSITIVE BEHAVIOR CHANGE , SUCCESSFUL COMPLETION OF19
PROBATION, AND A PROBATIONER'S INDIVIDUAL BEHAVIORAL OR20
TREATMENT GOALS.21
(3)
PROBATION DEPARTMENTS SHALL USE THE SYSTEM OF22
STRUCTURED AND INDIVIDUALIZED BEHAVIORAL RESPONSES DEVELOPED23
PURSUANT TO THIS SUBSECTION (3) OR DEVELOP AND USE AN EQUIVALENT24
AND LOCALLY DEVELOPED SYSTEM THAT IS ALIGNED TO BEST PRACTICES .25
(4) (a) THE STATE COURT ADMINISTRATOR SHALL REPORT ON THE26
SYSTEM OF STRUCTURED AND INDIVIDUALIZED RESPONSES DEVELOPED27
1257
-8- PURSUANT TO THIS SECTION DURING THE JUDICIAL DEPARTMENT 'S ANNUAL1
PRESENTATION HELD PURSUANT TO SECTION 2-7-203 DURING THE 20242
LEGISLATIVE SESSION.3
(b) THIS SUBSECTION (4) IS REPEALED, EFFECTIVE JULY 1, 2024.4
SECTION 6. In Colorado Revised Statutes, amend 16-11.5-1015
as follows:6
16-11.5-101. Legislative declaration. The general assembly7
hereby declares that substance abuse, specifically the abuse of alcohol and8
controlled substances, is a major problem in the criminal justice system9
of the state of Colorado and in the entire nation. Substance abuse is a10
significant factor in the commission of crimes, and it is a significant11
factor in impeding the rehabilitation of persons convicted of crimes which12
results in an increased rate of recidivism. Therefore, the general assembly13
hereby resolves to curtail the disastrous effects of substance abuse in the14
criminal justice system by providing for consistency in the response to15
substance abuse throughout the criminal justice system and to improve16
and standardize substance abuse treatment for offenders PEOPLE at each17
stage of the criminal justice system and to provide punitive measures A18
RANGE OF INDIVIDUALIZED BEHAVIORAL RESPONSES for offenders who19
refuse to cooperate with and PEOPLE WHO DO NOT respond SUCCESSFULLY20
to substance abuse treatment while such offenders THE PEOPLE are21
involved with the criminal justice system.22
SECTION 7. In Colorado Revised Statutes, 16-11.5-105, amend23
(2) and (3) as follows:24
16-11.5-105. Departments shall develop testing programs and25
behavioral response systems. (2) Any offender who tests positive for26
the use of alcohol or controlled substances subsequent to the initial test27
1257
-9- required by section 18-1.3-209 C.R.S., shall be subjected to a punitive1
sanction SYSTEM OF STRUCTURED AND INDIVIDUALIZED BEHAVIORAL2
RESPONSES. The judicial department, the department of corrections, the3
state board of parole, and the division of criminal justice of the4
department of public safety shall cooperate to develop and make public5
a range of punitive sanctions STRUCTURED AND INDIVIDUALIZED6
BEHAVIORAL RESPONSES for those offenders PEOPLE under the jurisdiction7
of each agency which THAT are appropriate to the offenders PEOPLE8
supervised by each particular agency. Such punitive sanctions shall be9
formulated in such a way as to promote fairness and consistency in the10
treatment of offenders and may include, but shall not be limited to,11
increases in the level of an offender's supervision, increases in the use of12
electronic monitoring of an offender, loss of earned time granted pursuant13
to section 17-22.5-405, C.R.S., and referral of the offender to the court or14
the state board of parole for resentencing or revocation of probation or15
parole. A SYSTEM OF STRUCTURED AND INDIVIDUALIZED BEHAVIORAL16
RESPONSES MUST INCLUDE AN ACCOUNTABILITY -BASED SERIES OF17
BEHAVIORAL RESPONSES , SANCTIONS, INCENTIVES, AND SERVICES18
DESIGNED TO RESPOND TO AN OFFENDER'S VIOLATION BEHAVIOR QUICKLY,19
FAIRLY, CONSISTENTLY, AND PROPORTIONALLY. THE SYSTEM MUST ALSO20
BE DESIGNED TO MOTIVATE POSITIVE BEHAVIOR CHANGE , SUCCESSFUL21
COMPLETION OF SUPERVISION , AND AN OFFENDER 'S INDIVIDUALIZED22
TREATMENT OR BEHAVIOR CHANGE GOALS USING RESEARCH -INFORMED23
STRATEGIES DESIGNED TO REDUCE THE LIKELIHOOD OF CONTINUED24
INVOLVEMENT WITH THE CRIMINAL JUSTICE SYSTEM . It is the intent of the25
general assembly that any offender's test which THAT is positive for the26
use of controlled substances or alcohol shall result in an intensified level27
1257
-10- of testing, treatment, supervision, or other sanctions designed to control1
abuse of substances for such offender IS ADDRESSED WITH A RANGE OF2
BEHAVIORAL RESPONSES PRIOR TO CONSIDERATION FOR REVOCATION OR3
RESENTENCING BY THE COURT OR PRIOR TO CONSIDERATION OF4
REVOCATION BY THE STATE BOARD OF PAROLE .5
(3) The judicial department, the department of corrections, the6
state board of parole, and the division of criminal justice of the7
department of public safety shall cooperate to develop
AND IMPLEMENT8
a range of incentives for offenders under the jurisdiction of each9
particular agency to discontinue abuse of
MOTIVATE RECOVERY FROM A10
SUBSTANCE USE DISORDER AND ABSTINENCE FROM HARMFUL USE OF11
alcohol or controlled substances.12
SECTION 8. In Colorado Revised Statutes, 17-2-103, amend13
(1.5)(d), (1.5)(e), and (1.5)(f) as follows:14
17-2-103. Arrest of parolee - revocation proceedings.15
(1.5) (d) If a parolee has a technical violation, the parolee's community16
parole officer, with the approval of the director of the division of adult17
parole or the director's designee, may impose a brief term of confinement,18
in the county jail, not to exceed fourteen consecutive days, as an19
intermediate sanction.20
(e) A parolee's community parole officer must notify the parolee21
when a brief term of incarceration in jail CONFINEMENT may be imposed22
as an intermediate sanction against the parolee.23
(f) C
ONFINEMENT AS AN INTERMEDIATE SANCTION MAY BE24
PROVIDED IN ANY FACILITY OPERATED OR APPROVED BY THE DEPARTMENT25
OF CORRECTIONS OR IN A COUNTY JAIL . The division of adult parole is26
responsible for reimbursing county jails for beds used as an intermediate27
1257
-11- sanction. The sheriff of each county has the authority and discretion to1
determine the number of jail beds, if any, that are available to the2
department of corrections in their respective facilities for the purpose of3
imposing an intermediate sanction. If jail beds are unavailable in the local4
community of the facility in which the parolee is being supervised, the5
division of adult parole is authorized to utilize
ANY FACILITY OPERATED6
OR APPROVED BY THE DEPARTMENT OF CORRECTIONS OR other available7
county jail beds if transportation to and from the jail is provided to the8
parolee.9
SECTION 9. In Colorado Revised Statutes, 18-1.3-102, amend10
(2) as follows:11
18-1.3-102. Deferred sentencing of defendant. (2) Prior to entry12
of a plea of guilty to be followed by deferred judgment and sentence, the13
district attorney, in the course of plea discussion as provided in sections14
16-7-301 and 16-7-302 C.R.S.,
is authorized to enter into a written15
stipulation, to be signed by the defendant, the defendant's attorney of16
record, and the district attorney, under which the defendant is obligated17
to adhere to such stipulation. The conditions imposed in the stipulation18
shall be AND THE RESPONSES TO VIOLATION BEHAVIOR ARE similar in all19
respects to conditions permitted as part of probation. A person convicted20
of a crime, the underlying factual basis of which included an act of21
domestic violence, as defined in section 18-6-800.3 (1), shall stipulate to22
the conditions specified in section 18-1.3-204 (2)(b). In addition, the23
stipulation may require the defendant to perform community or charitable24
work service projects or make donations thereto. Upon full compliance25
with such conditions by the defendant, the plea of guilty previously26
entered shall be withdrawn and the charge upon which the judgment and27
1257
-12- sentence of the court was deferred shall be dismissed with prejudice. The1
stipulation shall specifically provide that, upon a breach by the defendant2
of any condition regulating the conduct of the defendant, the court shall3
enter judgment and impose sentence upon the guilty plea; except that, if4
the offense is a violation of article 18 of this title TITLE 18, the court may5
accept an admission or find a violation of the stipulation without entering6
judgment and imposing sentence if the court first makes findings of fact7
on the record stating the entry of judgment and sentencing would not be8
consistent with the purposes of sentencing, that the defendant would be9
better served by continuing the deferred judgment period, and that public10
safety would not be jeopardized by the continuation of the deferred11
judgment. If the court makes those findings and continues the deferred12
judgment over the objection of the prosecution, the court shall also13
impose additional and immediate sanctions upon the defendant to address14
the violation, to include, but not be limited to, the imposition of further15
terms and conditions that will enhance the likelihood of the defendant's16
success, respond to the defendant's noncompliance, and promote further17
individual accountability, including extending the time period of the18
deferred judgment for up to two additional years or incarceration in the19
county jail for a period not to exceed ninety days consistent with the20
provisions of section 18-1.3-202 (1), or both. When, as a condition of the21
deferred sentence, the court orders the defendant to make restitution,22
evidence of failure to pay the restitution shall constitute prima facie23
evidence of a violation. Whether a breach of condition has occurred shall24
be determined by the court without a jury upon application of the district25
attorney or a probation officer and upon notice of hearing thereon of not26
less than seven days to the defendant or the defendant's attorney of27
1257
-13- record. Application for entry of judgment and imposition of sentence may1
be made by the district attorney or a probation officer at any time within2
the term of the deferred judgment or within thirty-five days thereafter.3
The burden of proof at the hearing shall be by a preponderance of the4
evidence, and the procedural safeguards required in a revocation of5
probation hearing shall apply.6
SECTION 10. In Colorado Revised Statutes, 18-4-401, add (11)7
as follows:8
18-4-401. Theft - repeal. (11) (a) IF THE ITEM OF VALUE9
INVOLVED IS A PUBLIC BENEFIT, THEN FOR PURPOSES OF DETERMINING THE10
OFFENSE LEVEL FOR SUBSECTION (2) OF THIS SECTION, THE VALUE IS THE11
DIFFERENCE BETWEEN THE VALUE OF THE PUBLIC BENEFIT RECEIVED AND12
THE VALUE OF THE PUBLIC BENEFIT FOR WHICH THE RECIPIENT WAS13
ELIGIBLE. 14
(b)
AS USED IN THIS SUBSECTION (11), "PUBLIC BENEFITS" MEANS15
SERVICES OR AID, OR BOTH, INCLUDING FOOD, CASH, AND MEDICAL16
ASSISTANCE, PROVIDED THROUGH AN APPROPRIATION OF FEDERAL , STATE,17
OR LOCAL GOVERNMENT MONEY TO INDIVIDUALS OR HOUSEHOLDS THAT ,18
BECAUSE OF THEIR ECONOMIC CIRCUMSTANCES OR SOCIAL CONDITION , ARE19
IN NEED OF AND MAY BENEFIT FROM SUCH SERVICES OR AID .20
SECTION 11. In Colorado Revised Statutes, 18-12-108, amend21
as they will become effective March 1, 2022, (1) and (3); and add (7)22
as follows:23
18-12-108. Possession of weapons by previous offenders. (1) A24
person commits the crime of possession of a weapon by a previous25
offender if the person knowingly possesses, uses, or carries upon his or26
her person a firearm as defined in section 18-1-901 (3)(h) or any other27
1257
-14- weapon that is subject to the provisions of this article 12 subsequent to1
the person's conviction for a felony crime as defined in section 24-4.1-3022
(1)
OR LISTED IN SUBSECTION (7) OF THIS SECTION, or subsequent to the3
person's conviction for attempt or conspiracy to commit a crime as4
defined in section 24-4.1-302 (1) that is a felony, under
PURSUANT TO5
Colorado or any other state's law or under PURSUANT TO federal law.6
(3) (a) A person commits the crime of possession of a weapon by7
a previous offender if the person knowingly possesses, uses, or carries8
upon his or her person a firearm as defined in section 18-1-901 (3)(h) or9
any other weapon that is subject to the provisions of this article 1210
subsequent to the person's adjudication for an act which, if committed by11
an adult, would constitute a felony crime as defined in section 24-4.1-30212
(1)
OR LISTED IN SUBSECTION (7) OF THIS SECTION, or subsequent to the13
person's adjudication for attempt or conspiracy to commit a crime as14
defined in section 24-4.1-302 (1) that is a felony, under
PURSUANT TO15
Colorado or any other state's law or under PURSUANT TO federal law in the16
previous ten years from the completion of the person's sentence for the17
adjudication of a felony crime as defined in section 24-4.1-302 (1), or18
subsequent to the person's adjudication for attempt or conspiracy to19
commit a crime as defined in section 24-4.1-302 (1) that is a felony, under20
PURSUANT TO Colorado or any other state's law or under PURSUANT TO21
federal law in the previous ten years.22
(b) I
F A PERSON COMPLETES A SENTENCE FOR THE ADJUDICATION23
OF A FELONY CRIME AS DEFINED IN SECTION 24-4.1-302 (1) OR LISTED IN24
SUBSECTION (7) OF THIS SECTION, OR SUBSEQUENT TO THE PERSON 'S25
ADJUDICATION FOR ATTEMPT OR CONSPIRACY TO COMMIT A CRIME AS26
DEFINED IN SECTION 24-4.1-302 (1) OR LISTED IN SUBSECTION (7) OF THIS27
1257
-15- SECTION THAT IS A FELONY PURSUANT TO COLORADO OR ANY OTHER1
STATE'S LAW OR UNDER FEDERAL LAW, AND THE PERSON HAS GOOD CAUSE2
FOR POSSESSING, USING, OR CARRYING A FIREARM AS DEFINED IN SECTION3
18-1-901 (3)(h)
OR ANY OTHER WEAPON THAT IS SUBJECT TO THIS ARTICLE4
12,
THE PERSON MAY PETITION THE COURT FOR AN ORDER DETERMINING5
THAT SUBSECTION (3)(a) OF THIS SECTION DOES NOT APPLY TO THE PERSON6
IF THE PERSON OTHERWISE LEGALLY POSSESSES , USES, OR CARRIES UPON7
HIS OR HER PERSON A FIREARM AS DEFINED IN SECTION 18-1-901 (3)(h) OR8
ANY OTHER WEAPON THAT IS SUBJECT TO THIS ARTICLE 12. A COURT9
SHALL ENTER AN ORDER DETERMINING THAT SUBSECTION (3)(a) OF THIS10
SECTION DOES NOT APPLY TO THE PERSON IF THE COURT FINDS , UPON11
REQUEST OF THE PERSON AND BY A PREP ONDERANCE OF THE EVIDENCE ,12
THERE IS GOOD CAUSE FOR THE PERSON TO POSSESS , USE, OR CARRY A13
FIREARM AS DEFINED IN SECTION 18-1-901 (3)(h) OR ANY OTHER WEAPON14
THAT IS SUBJECT TO THIS ARTICLE 12.15
(7) I
N ADDITION TO A CONVICTION FOR FELONY CRIME AS DEFINED16
IN SECTION 24-4.1-302 (1), A FELONY CONVICTION OR ADJUDICATION FOR17
ONE OF THE FOLLOWING FELONIES PROHIBITS A PERSON FROM POSSESSING ,18
USING, OR CARRYING UPON HIS OR HER PERSON A FIREARM AS DEFINED IN19
SECTION 18-1-901 (3)(h) OR ANY OTHER WEAPON THAT IS SUBJECT TO THIS20
ARTICLE 12 PURSUANT TO SUBSECTION (1) OR (3) OF THIS SECTION:21
(a) A
N OFFENSE SUBJECT TO SENTENCING PURSUANT TO SECTION22
18-1.3-1004;23
(b) F
IRST DEGREE MURDER OF A PEACE OFFICER, FIREFIGHTER, OR24
EMERGENCY MEDICAL SERVICE PROVIDER IN VIOLATION OF SECTION25
18-3-107;26
(c) C
RIMINAL EXTORTION IN VIOLATION OF SECTION 18-3-207;27
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-16- (d) FALSE IMPRISONMENT IN VIOLATION OF SECTION 18-3-303;1
(e) E
NTICEMENT OF A CHILD IN VIOLATION OF SECTION 18-3-305;2
(f) I
NTERNET LURING OF A CHILD IN VIOLATION OF SECTION3
18-3-306;4
(g) I
NTERNET SEXUAL EXPLOITATION OF A CHILD IN VIOLATION OF5
SECTION 18-3-405.4;6
(h) U
NLAWFUL SEXUAL CONDUCT BY A PEACE OFFICER IN7
VIOLATION OF SECTION 18-3-405.7;8
(i) U
NLAWFUL TERMINATION OF A PREGNANCY IN THE FIRST9
DEGREE IN VIOLATION OF SECTION 18-3.5-103;10
(j) U
NLAWFUL TERMINATION OF A PREGNANCY IN THE SECOND11
DEGREE IN VIOLATION OF SECTION 18-3.5-104;12
(k) F
IRST DEGREE ARSON IN VIOLATION OF SECTION 18-4-102;13
(l) S
ECOND DEGREE ARSON IN VIOLATION OF SECTION 18-4-103;14
(m) T
HIRD DEGREE ARSON IN VIOLATION OF SECTION 18-4-104;15
(n) F
OURTH DEGREE ARSON IN VIOLATION OF SECTION 18-4-105;16
(o) H
ABITUAL CHILD ABUSE IN VIOLATION OF SECTION 18-6-401.2;17
(p) C
ONTRIBUTING TO THE DELINQUENCY OF A MINOR IN18
VIOLATION OF SECTION 18-6-701;19
(q) P
ANDERING IN VIOLATION OF SECTION 18-7-203;20
(r) P
IMPING IN VIOLATION OF SECTION 18-7-206;21
(s) P
ANDERING OF A CHILD IN VIOLATION OF SECTION 18-7-403;22
(t) P
ROCUREMENT OF A CHILD IN VIOLATION OF SECTION23
18-7-403.5;24
(u) K
EEPING A PLACE OF CHILD PROSTITUTION IN VIOLATION OF25
SECTION 18-7-404;26
(v) I
MPERSONATING A PEACE OFFICER IN VIOLATION OF SECTION27
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-17- 18-8-112;1
(w) D
ISARMING A PEACE OFFICER IN VIOLATION OF SECTION2
18-8-116;3
(x) A
IDING ESCAPE FROM AN INSTITUTION FOR THE CARE AND4
TREATMENT OF PERSONS WITH BEHAVIORAL OR MENTAL HEALTH5
DISORDERS IN VIOLATION OF SECTION 18-8-201.1;6
(y) A
SSAULT DURING ESCAPE IN VIOLATION OF SECTION 18-8-206;7
(z) H
OLDING HOSTAGES IN VIOLATION OF SECTION 18-8-207;8
(aa) E
SCAPE IN VIOLATION OF SECTION 18-8-208;9
(bb) A
TTEMPT TO ESCAPE IN VIOLATION OF SECTION 18-8-208.1;10
(cc) P
ARTICIPATION IN A RIOT IN DETENTION FACILITIES IN11
VIOLATION OF SECTION 18-8-211;12
(dd) I
NTIMIDATING A JUROR IN VIOLATION OF SECTION 18-8-608;13
(ee) I
NCITING A RIOT IN VIOLATION OF SECTION 18-9-102;14
(ff) A
RMING A RIOTER IN VIOLATION OF SECTION 18-9-103;15
(gg) E
NGAGING IN A RIOT IN VIOLATION OF SECTION 18-9-104;16
(hh) V
EHICULAR ELUDING IN VIOLATION OF SECTION 18-9-116.5;17
(ii) F
IREARMS, EXPLOSIVES, OR INCENDIARY DEVICES IN FACILITIES18
OF PUBLIC TRANSPORTATION IN VIOLATION OF SECTION 18-9-118;19
(jj) F
AILURE OR REFUSAL TO LEAVE PREMISES OR PROPERTY UPON20
REQUEST OF A PEACE OFFICER IN VIOLATION OF SECTION 18-9-119;21
(kk) T
ERRORIST TRAINING ACTIVITIES IN VIOLATION OF SECTION22
18-9-120;23
(ll) A
GGRAVATED CRUELTY TO ANIMALS IN VIOLATION OF SECTION24
18-9-202;25
(mm) T
REASON IN VIOLATION OF SECTION 18-11-101;26
(nn) I
NSURRECTION IN VIOLATION OF SECTION 18-11-102;27
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-18- (oo) ADVOCATING THE OVERTHROW OF THE GOVERNMENT IN1
VIOLATION OF SECTION 18-11-201;2
(pp) I
NCITING DESTRUCTION OF LIFE OR PROPERTY IN VIOLATION3
OF SECTION 18-11-202;4
(qq) M
EMBERSHIP IN ANARCHIST AND SEDITIOUS ASSOCIATIONS IN5
VIOLATION OF SECTION 18-11-203;6
(rr) P
OSSESSING A DANGEROUS OR ILLEGAL WEAPON IN VIOLATION7
OF SECTION 18-12-102;8
(ss) U
NLAWFULLY CARRYING A WEAPON IN VIOLATION OF SECTION9
18-12-105.5;10
(tt) U
SE OF A STUN GUN IN VIOLATION OF SECTION 18-12-106.5;11
(uu) I
LLEGAL DISCHARGE OF A FIREARM IN VIOLATION OF SECTION12
18-12-107.5;13
(vv) P
OSSESSION OF A WEAPON BY A PREVIOUS OFFENDER IN14
VIOLATION OF SECTION 18-12-108 IF COMMITTED ON OR AFTER MARCH 1,15
2022;16
(ww) P
OSSESSION OF A HANDGUN BY A JUVENILE IN VIOLATION OF17
SECTION 18-12-108.5;18
(xx) U
NLAWFULLY PROVIDING OR PERMITTING A JUVENILE TO19
POSSESS A HANDGUN IN VIOLATION OF SECTION 18-12-108.7;20
(yy) P
OSSESSION, USE, OR REMOVAL OF EXPLOSIVES OR21
INCENDIARY DEVICES IN VIOLATION OF SECTION 18-12-109;22
(zz) U
NLAWFUL PURCHASE OF A FIREARM IN VIOLATION OF23
SECTION 18-12-111;24
(aaa) P
OSSESSING A LARGE-CAPACITY MAGAZINE DURING THE25
COMMISSION OF A CRIME OF VIOLENCE IN VIOLATION OF SECTION26
18-12-302 (1)(c);27
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-19- (bbb) DUELING IN VIOLATION OF SECTION 18-13-104;1
(ccc) I
NTENTIONALLY SETTING A WILDFIRE IN VIOLATION OF2
SECTION 18-13-109.5;3
(ddd) U
NLAWFUL ADMINISTRATION OF KETAMINE IN VIOLATION OF4
SECTION18-13-123;5
(eee) S
MUGGLING OF A HUMAN IN VIOLATION OF SECTION6
18-13-128;7
(fff) O
RGANIZED CRIME IN VIOLATION OF SECTION 18-17-104;8
(ggg) A
SPECIAL OFFENDER IN VIOLATION OF SECTION 18-18-4079
(1)(d)(II);
AND10
(hhh) A
CRIMINAL ATTEMPT, COMPLICITY, OR CONSPIRACY TO11
COMMIT ANY OF THE OFFENSES LISTED IN THIS SUBSECTION (7).12
SECTION 12. Appropriation. For the 2022-23 state fiscal year,13
$53,390 is appropriated to the judicial department for use by the14
probation and related services division. This appropriation is from the15
general fund and is based on an assumption that the department will16
require an additional 0.7 FTE. To implement this act, the division may17
use this appropriation for probation programs.18
SECTION 13. Effective date - applicability. (1) This act takes19
effect upon passage; except that sections 3 and 4 of this act take effect20
July 1, 2023.21
(2) Sections 1, 10, and 11 of this act apply to offenses committed22
on or after the effective date of this act.23
SECTION 14. Safety clause. The general assembly hereby finds,24
determines, and declares that this act is necessary for the immediate25
preservation of the public peace, health, or safety.26
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