HOUSE BILL 22-1257
BY REPRESENTATIVE(S) Weissman and Soper, Gray, Jodeh, Lindsay,
Michaelson Jenet, Ricks, Snyder, Garnett, Benavidez;
also SENATOR(S) Gonzales and Gardner, Lee, Moreno.
C
ONCERNING THE ADOPTION OF 2022 RECOMMENDATIONS OF THE
COLORADO CRIMINAL JUVENILE JUSTICE COMMISSION REGARDING
SENTENCING PROVISIONS FOR OFFENSES
, AND, IN CONNECTION
THEREWITH
, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 12-20-407, add (1)(e)
as follows:
12-20-407. Unauthorized practice of profession or occupation -
penalties - exclusions. (1) (e)
A PERSON COMMITS A CLASS 6 FELONY AND
SHALL BE PUNISHED AS PROVIDED IN SECTION
18-1.3-401 IF THE PERSON
PRACTICES OR OFFERS OR ATTEMPTS TO PRACTICE ANY OF THE FOLLOWING
PROFESSIONS OR OCCUPATIONS AND INTENTIONALLY AND FRAUDULENTLY
REPRESENTS ONESELF AS A LICENSED
, CERTIFIED, OR REGISTERED
PROFESSIONAL OR PRACTITIONER ISSUED PURSUANT TO A PART OR ARTICLE
OF THIS TITLE
12 GOVERNING THE PARTICULAR PROFESSION OR OCCUPATION :
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
(I) P
ROFESSIONAL ENGINEERING , AS REGULATED PURSUANT TO
ARTICLE
120 OF THIS TITLE 12;
(II) A
RCHITECTURE, AS REGULATED PURSUANT TO ARTICLE 120 OF
THIS TITLE
12;
(III) A
UDIOLOGY, AS REGULATED PURSUANT TO ARTICLE 210 OF THIS
TITLE
12;
(IV) D
ENTISTRY, AS REGULATED PURSUANT TO ARTICLE 220 OF THIS
TITLE
12;
(V) D
IRECT-ENTRY MIDWIFERY, AS REGULATED PURSUANT TO
ARTICLE
225 OF THIS TITLE 12;
(VI) M
EDICINE, PRACTICE AS A PHYSICIAN ASSISTANT, OR PRACTICE
AS AN ANESTHESIOLOGIST ASSISTANT
, AS REGULATED PURSUANT TO ARTICLE
240 OF THIS TITLE 12;
(VII) P
ROFESSIONAL NURSING, AS REGULATED PURSUANT TO
ARTICLE
255 OF THIS TITLE 12;
(VIII) N
URSING HOME ADMINISTRATION , AS REGULATED PURSUANT
TO ARTICLE
265 OF THIS TITLE 12;
(IX) O
PTOMETRY, AS REGULATED PURSUANT TO ARTICLE 275 OF THIS
TITLE
12;
(X) P
HARMACY OR AS A PHARMACY TECHNICIAN , AS REGULATED
PURSUANT TO ARTICLE
280 OF THIS TITLE 12; OR
(XI) RESPIRATORY THERAPY, AS REGULATED PURSUANT TO ARTICLE
300 OF THIS TITLE 12.
SECTION 2. In Colorado Revised Statutes, add 16-11-201.5 as
follows:
PAGE 2-HOUSE BILL 22-1257 16-11-201.5. Purposes of probation. (1) T HE PURPOSES OF THIS
ARTICLE
11 WITH RESPECT TO PROBATION ARE:
(a) T
O SERVE AS A SENTENCING OPTION AND A RESPONSE TO CRIME
IN ORDER TO MODERATE AND DETER FUTURE CRIMINAL BEHAVIOR AND
VICTIMIZATION
;
(b) T
O SUPPORT PERSONS IN BEHAVIOR CHANGE THROUGH THE
COORDINATION AND PROVISION OF EFFECTIVE AND INDIVIDUALIZED
SERVICES THAT MAY INCLUDE
, BUT ARE NOT LIMITED TO, EDUCATIONAL,
THERAPEUTIC, RESTORATIVE, AND SKILL-BUILDING SERVICES;
(c) T
O HOLD PERSONS ACCOUNTABLE FOR THEIR BE HAVIOR 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;
(d) T
O SERVE AS A COST -EFFECTIVE OPTION FOR PERSONS
APPROPRIATE FOR COMMUNITY SUPERVISION
; AND
(e) TO HONOR THE STATUTORY AND CONSTITUTIONAL RIGHTS OF
VICTIMS OF CRIME
.
SECTION 3. In Colorado Revised Statutes, 16-11-205, amend (1),
(2), and (5); and add (6.5) as follows:
16-11-205. Arrest of probationer - revocation. (1) A probation
officer may arrest any probationer when:
(a) He
THE OFFICER has a warrant commanding that the probationer
be arrested; or
(b) He THE OFFICER has probable cause to believe that a warrant for
the probationer's arrest has been issued in this state or another state for any
criminal offense or for violation of the conditions of probation; or
(c) Any offense under
PURSUANT TO the laws of this state THAT IS
STATUTORILY ELIGIBLE FOR ARREST
has been or is being committed by the
probationer in his presence; or
PAGE 3-HOUSE BILL 22-1257 (d) He has probable cause to believe that a crime has been
committed and the probationer has committed such crime; or
(e) He THE OFFICER has probable cause to believe that the conditions
of probation have been violated and probable cause to believe that the
probationer is leaving or about to leave the state, or that the probationer will
fail or refuse to appear before the court to answer charges of violation of the
conditions of probation, or that the arrest of the probationer is necessary to
prevent physical harm to the probationer
PROTECT THE SAFETY OF THE
COMMUNITY
or another person or PREVENT the commission of a crime. or
(f) The probationer, who is on probation as a result of a conviction
of any felony except a class 1 felony, has been tested for the illegal or
unauthorized use of a controlled substance and the result of such test is
positive.
(2) If a probation officer has reason to believe that the conditions of
probation have been violated by any probationer, he may UNLESS ANY
CIRCUMSTANCES AS PROVIDED IN SUBSECTION
(1) OR (6.5) OF THIS SECTION
EXIST
, WHEN A PROBATION OFFICER HAS REASON TO BELIEVE THAT THE
PROBATIONER VIOLATED CONDITIONS OF PROBATION AND THAT A PETITION
FOR REVOCATION IS NECESSARY AND APPROPRIATE SUBJECT TO SECTION
16-11-215, THE PROBATION OFFICER SHALL issue a summons requiring the
probationer to appear before the court at a specified time and place to
answer charges of violation of the conditions of probation. The summons,
unless accompanied by a copy of a complaint, shall contain a brief
statement of the violation and the date and place thereof. Failure of the
probationer to appear before the court as required by the summons shall be
deemed a violation of the conditions of probation.
(5) A complaint alleging the violation of a condition of probation
may be filed either by the probation officer pursuant to subsection (4) of
this section or by the district attorney. Such complaint shall
MUST contain
the name of the probationer, shall MUST identify the violation charged and
the condition of probation alleged to have been violated, including the date
and approximate location thereof,
MUST INCLUDE A SUMMARY OF THE
VIOLATION BEHAVIOR HISTORY AND ANY BEHAVIORAL RESPONSES APPLIED
CONSISTENT WITH THE STRUCTURED AND INDIVIDUALIZED BEHAVIORAL
RESPONSES DEVELOPED PURSUANT TO SECTION
16-11-215 and shall
MUST
be signed by the probation officer or the district attorney. A copy thereof
PAGE 4-HOUSE BILL 22-1257 shall MUST be given to the probationer a reasonable length of time before
he THE PROBATIONER appears before the court.
(6.5) U
NLESS THERE IS REASON TO BELIEVE THAT A PROBATIONER
WOULD NOT APPEAR
, WOULD INTERFERE WITH THE CRIMINAL JUSTICE
PROCESS
, OR POSES SUBSTANTIAL RISK OF SERIOUS HARM TO OTHERS , A
PROBATION OFFICER SHALL ISSUE A SUMMONS RATHER THAN REQUEST A
WARRANT WHEN FILING A PETITION FOR REVOCATION
.
SECTION 4. In Colorado Revised Statutes, 16-11-209, repeal (2)
and (3) as follows:
16-11-209. Duties of probation officers. (2) Any probationer, on
probation as a result of a conviction, who is under the supervision of a
probation officer pursuant to this part 2 and who is initially tested for the
illegal or unauthorized use of a controlled substance and the result of such
test is positive shall be subject to any or all of the following actions:
(a) An immediate warrantless arrest;
(b) An immediate increase in the level of supervision;
(c) Random screenings for the detection of the illegal or
unauthorized use of a controlled substance, which use may serve as the
basis for additional punishment or any other community placement;
(d) Referral to a substance use disorder treatment program.
(3) If any probationer described in subsection (2) of this section is
subjected to a second or subsequent test for the illegal or unauthorized use
of a controlled substance and the result of such test is positive, the probation
officer shall take one or more of the following actions:
(a) Make an immediate warrantless arrest;
(b) Seek a probation revocation in accordance with sections
16-11-205 and 16-11-206;
(c) Immediately increase the level of supervision;
PAGE 5-HOUSE BILL 22-1257 (d) Increase the number of drug screenings for the illegal or
unauthorized use of controlled substances;
(e) Refer the probationer to a substance use disorder treatment
program.
SECTION 5. In Colorado Revised Statutes, add 16-11-215 as
follows:
16-11-215. Structured and individualized behavioral responses
- repeal. (1) B
EFORE JULY 1, 2023, THE STATE COURT ADMINISTRATOR
SHALL DEVELOP A SYSTEM OF STRUCTURED AND INDIVIDUALIZED
BEHAVIORAL RESPONSES
, INCLUDING INCENTIVES AND SANCTIONS, TO GUIDE
PROBATION OFFICERS IN DETERMINING HOW BEST TO MOTIVATE POSITIVE
BEHAVIOR CHANGE AND THE APPROPRIATE RESPONSE TO A VIOLATION OF
TERMS AND CONDITIONS OF PROBATION
.
(2)
A SYSTEM OF STRUCTURED AND INDIVIDUALIZED RESPONSES
MUST INCLUDE AN ACCOUNTABILITY
-BASED SERIES OF BEHAVIORAL
RESPONSES
, INTERMEDIATE SANCTIONS , INCENTIVES, AND SERVICES
DESIGNED TO RESPOND TO A PROBATIONER
'S VIOLATION OF PROBATION
QUICKLY
, FAIRLY, CONSISTENTLY, AND PROPORTIONALLY. THE SYSTEM OF
STRUCTURED AND INDIVIDUALIZED RESPONSES MUST ALSO BE DESIGNED TO
MOTIVATE POSITIVE BEHAVIOR CHANGE
, SUCCESSFUL COMPLETION OF
PROBATION
, AND A PROBATIONER'S INDIVIDUAL BEHAVIORAL OR
TREATMENT GOALS
.
(3)
PROBATION DEPARTMENTS SHALL USE THE SYSTEM OF
STRUCTURED AND INDIVIDUALIZED BEHAVIORAL RESPONSES DEVELOPED
PURSUANT TO THIS SUBSECTION
(3) OR DEVELOP AND USE AN EQUIVALENT
AND LOCALLY DEVELOPED SYSTEM THAT IS ALIGNED TO BEST PRACTICES
.
(4) (a) T
HE STATE COURT ADMINISTRATOR SHALL REPORT ON THE
SYSTEM OF STRUCTURED AND INDIVIDUALIZED RESPONSES DEVELOPED
PURSUANT TO THIS SECTION DURING THE JUDICIAL DEPARTMENT
'S ANNUAL
PRESENTATION HELD PURSUANT TO SECTION
2-7-203 DURING THE 2024
LEGISLATIVE SESSION.
(b) T
HIS SUBSECTION (4) IS REPEALED, EFFECTIVE JULY 1, 2024.
PAGE 6-HOUSE BILL 22-1257 SECTION 6. In Colorado Revised Statutes, amend 16-11.5-101 as
follows:
16-11.5-101. Legislative declaration. The general assembly hereby
declares that substance abuse, specifically the abuse of alcohol and
controlled substances, is a major problem in the criminal justice system of
the state of Colorado and in the entire nation. Substance abuse is a
significant factor in the commission of crimes, and it is a significant factor
in impeding the rehabilitation of persons convicted of crimes which results
in an increased rate of recidivism. Therefore, the general assembly hereby
resolves to curtail the disastrous effects of substance abuse in the criminal justice system by providing for consistency in the response to substance abuse throughout the criminal justice system and to improve and standardize substance abuse treatment for offenders
PEOPLE at each stage
of the criminal justice system and to provide punitive measures A RANGE OF
INDIVIDUALIZED BEHAVIORAL RESPONSES
for offenders who refuse tocooperate with and PEOPLE WHO DO NOT respond SUCCESSFULLY to
substance abuse treatment while such offenders THE PEOPLE are involved
with the criminal justice system.
SECTION 7. In Colorado Revised Statutes, 16-11.5-105, amend
(2) and (3) as follows:
16-11.5-105. Departments shall develop testing programs and
behavioral response systems. (2) Any offender who tests positive for the
use of alcohol or controlled substances subsequent to the initial test required
by section 18-1.3-209 C.R.S.,
shall be subjected to a punitive sanction
SYSTEM OF STRUCTURED AND INDIVIDUALIZED BEHAVIORAL RESPONSES . The
judicial department, the department of corrections, the state board of parole,
and the division of criminal justice of the department of public safety shall
cooperate to develop and make public a range of punitive sanctions
STRUCTURED AND INDIVIDUALIZED BEHAVIORAL RESPONSES for those
offenders PEOPLE under the jurisdiction of each agency which THAT are
appropriate to the offenders PEOPLE supervised by each particular agency.
Such punitive sanctions shall be formulated in such a way as to promote
fairness and consistency in the treatment of offenders and may include, but
shall not be limited to, increases in the level of an offender's supervision,
increases in the use of electronic monitoring of an offender, loss of earned
time granted pursuant to section 17-22.5-405, C.R.S., and referral of the
offender to the court or the state board of parole for resentencing or
PAGE 7-HOUSE BILL 22-1257 revocation of probation or parole. A SYSTEM OF STRUCTURED AND
INDIVIDUALIZED BEHAVIORAL RESPONSES MUST INCLUDE AN
ACCOUNTABILITY
-BASED SERIES OF BEHAVIORAL RESPONSES , SANCTIONS,
INCENTIVES, AND SERVICES DESIGNED TO RESPOND TO AN OFFENDER 'S
VIOLATION BEHAVIOR QUICKLY
, FAIRLY, CONSISTENTLY , AND
PROPORTIONALLY
. THE SYSTEM MUST ALSO BE DESIGNED TO MOTIVATE
POSITIVE BEHAVIOR CHANGE
, SUCCESSFUL COMPLETION OF SUPERVISION ,
AND AN OFFENDER'S INDIVIDUALIZED TREATMENT OR BEHAVIOR CH ANGE
GOALS USING RESEARCH
-INFORMED STRATEGIES DESIGNED TO REDUCE THE
LIKELIHOOD OF CONTINUED INVOLVEMENT WITH THE CRIMINAL JUSTICE
SYSTEM
. It is the intent of the general assembly that any offender's test
which
THAT is positive for the use of controlled substances or alcohol shall
result in an intensified level of testing, treatment, supervision, or other
sanctions designed to control abuse of substances for such offender IS
ADDRESSED WITH A RANGE OF BEHAVIORAL RESPONSES PRIOR TO
CONSIDERATION FOR REVOCATION OR RESENTENCING BY THE COURT OR
PRIOR TO CONSIDERATION OF REVOCATION BY THE STATE BOARD OF PAROLE
.
(3) The judicial department, the department of corrections, the state
board of parole, and the division of criminal justice of the department of
public safety shall cooperate to develop
AND IMPLEMENT a range of
incentives for offenders under the jurisdiction of each particular agency to
discontinue abuse of
MOTIVATE RECOVERY FROM A SUBSTANCE USE
DISORDER AND ABSTINENCE FROM HARMFUL USE OF
alcohol or controlled
substances.
SECTION 8. In Colorado Revised Statutes, 17-2-103, amend
(1.5)(d), (1.5)(e), and (1.5)(f) as follows:
17-2-103. Arrest of parolee - revocation proceedings. (1.5) (d) If
a parolee has a technical violation, the parolee's community parole officer,
with the approval of the director of the division of adult parole or the
director's designee, may impose a brief term of confinement, in the county
jail, not to exceed fourteen consecutive days, as an intermediate sanction.
(e) A parolee's community parole officer must notify the parolee
when a brief term of incarceration in jail CONFINEMENT may be imposed as
an intermediate sanction against the parolee.
(f) C
ONFINEMENT AS AN INTERMEDIATE SANCTION MAY BE PROVIDED
PAGE 8-HOUSE BILL 22-1257 IN ANY FACILITY OPERATED OR APPROVED BY THE DEPARTMENT OF
CORRECTIONS OR IN A COUNTY JAIL
. The division of adult parole is
responsible for reimbursing county jails for beds used as an intermediate
sanction. The sheriff of each county has the authority and discretion to
determine the number of jail beds, if any, that are available to the
department of corrections in their respective facilities for the purpose of
imposing an intermediate sanction. If jail beds are unavailable in the local
community of the facility in which the parolee is being supervised, the
division of adult parole is authorized to utilize
ANY FACILITY OPERATED OR
APPROVED BY THE DEPARTMENT OF CORRECTIONS OR
other available county
jail beds if transportation to and from the jail is provided to the parolee.
SECTION 9. In Colorado Revised Statutes, 18-1.3-102, amend (2)
as follows:
18-1.3-102. Deferred sentencing of defendant. (2) Prior to entry
of a plea of guilty to be followed by deferred judgment and sentence, the
district attorney, in the course of plea discussion as provided in sections
16-7-301 and 16-7-302 C.R.S.,
is authorized to enter into a written
stipulation, to be signed by the defendant, the defendant's attorney of record,
and the district attorney, under which the defendant is obligated to adhere
to such stipulation. The conditions imposed in the stipulation shall be
AND
THE RESPONSES TO VIOLATION BEHAVIOR ARE
similar in all respects
to
conditions permitted as part of probation. A person convicted of a crime,
the underlying factual basis of which included an act of domestic violence,
as defined in section 18-6-800.3 (1), shall stipulate to the conditions
specified in section 18-1.3-204 (2)(b). In addition, the stipulation may
require the defendant to perform community or charitable work service
projects or make donations thereto. Upon full compliance with such
conditions by the defendant, the plea of guilty previously entered shall be
withdrawn and the charge upon which the judgment and sentence of the
court was deferred shall be dismissed with prejudice. The stipulation shall
specifically provide that, upon a breach by the defendant of any condition
regulating the conduct of the defendant, the court shall enter judgment and
impose sentence upon the guilty plea; except that, if the offense is a
violation of article 18 of this title
TITLE 18, the court may accept an
admission or find a violation of the stipulation without entering judgment
and imposing sentence if the court first makes findings of fact on the record
stating the entry of judgment and sentencing would not be consistent with
the purposes of sentencing, that the defendant would be better served by
PAGE 9-HOUSE BILL 22-1257 continuing the deferred judgment period, and that public safety would not
be jeopardized by the continuation of the deferred judgment. If the court
makes those findings and continues the deferred judgment over the
objection of the prosecution, the court shall also impose additional and
immediate sanctions upon the defendant to address the violation, to include,
but not be limited to, the imposition of further terms and conditions that will
enhance the likelihood of the defendant's success, respond to the defendant's
noncompliance, and promote further individual accountability, including
extending the time period of the deferred judgment for up to two additional
years or incarceration in the county jail for a period not to exceed ninety
days consistent with the provisions of section 18-1.3-202 (1), or both.
When, as a condition of the deferred sentence, the court orders the
defendant to make restitution, evidence of failure to pay the restitution shall
constitute prima facie evidence of a violation. Whether a breach of
condition has occurred shall be determined by the court without a jury upon
application of the district attorney or a probation officer and upon notice of
hearing thereon of not less than seven days to the defendant or the
defendant's attorney of record. Application for entry of judgment and
imposition of sentence may be made by the district attorney or a probation
officer at any time within the term of the deferred judgment or within
thirty-five days thereafter. The burden of proof at the hearing shall be by a
preponderance of the evidence, and the procedural safeguards required in
a revocation of probation hearing shall apply.
SECTION 10. In Colorado Revised Statutes, 18-4-401, add (11) as
follows:
18-4-401. Theft - repeal. (11) (a) I
F THE ITEM OF VALUE INVOLVED
IS A PUBLIC BENEFIT
, THEN FOR PURPOSES OF DETERMINING THE OFFENSE
LEVEL FOR SUBSECTION
(2) OF THIS SECTION, THE VALUE IS THE DIFFERENCE
BETWEEN THE VALUE OF THE PUBLIC BENEFIT RECEIVED AND THE VALUE OF
THE PUBLIC BENEFIT FOR WHICH THE RECIPIENT WAS ELIGIBLE
.
(b)
AS USED IN THIS SUBSECTION (11), "PUBLIC BENEFITS" MEANS
SERVICES OR AID
, OR BOTH, INCLUDING FOOD, CASH, AND MEDICAL
ASSISTANCE
, PROVIDED THROUGH AN APPROPRIATION OF FEDERAL , STATE,
OR LOCAL GOVERNMENT MONEY TO INDIVIDUALS OR HOUSEHOLDS THAT ,
BECAUSE OF THEIR ECONOMIC CIRCUMSTANCES OR SOCIAL CONDITION , ARE
IN NEED OF AND MAY BENEFIT FROM SUCH SERVICES OR AID
.
PAGE 10-HOUSE BILL 22-1257 SECTION 11. In Colorado Revised Statutes, 18-12-108, amend as
they will become effective March 1, 2022, (1) and (3); and add (7) as
follows:
18-12-108. Possession of weapons by previous offenders. (1) A
person commits the crime of possession of a weapon by a previous offender
if the person knowingly possesses, uses, or carries upon his or her person
a firearm as defined in section 18-1-901 (3)(h) or any other weapon that is
subject to the provisions of this article 12 subsequent to the person's
conviction for a felony crime as defined in section 24-4.1-302 (1)
OR LISTED
IN SUBSECTION
(7) OF THIS SECTION, or subsequent to the person's conviction
for attempt or conspiracy to commit a crime as defined in section
24-4.1-302 (1) that is a felony, under PURSUANT TO Colorado or any other
state's law or under PURSUANT TO federal law.
(3) (a) A person commits the crime of possession of a weapon by a
previous offender if the person knowingly possesses, uses, or carries upon
his or her person a firearm as defined in section 18-1-901 (3)(h) or any other
weapon that is subject to the provisions of this article 12 subsequent to the
person's adjudication for an act which, if committed by an adult, would
constitute a felony crime as defined in section 24-4.1-302 (1)
OR LISTED IN
SUBSECTION
(7) OF THIS SECTION, or subsequent to the person's adjudication
for attempt or conspiracy to commit a crime as defined in section
24-4.1-302 (1) that is a felony, under
PURSUANT TO Colorado or any other
state's law or under PURSUANT TO federal law in the previous ten years from
the completion of the person's sentence for the adjudication of a felony
crime as defined in section 24-4.1-302 (1), or subsequent to the person's
adjudication for attempt or conspiracy to commit a crime as defined in
section 24-4.1-302 (1) that is a felony, under PURSUANT TO Colorado or any
other state's law or under PURSUANT TO federal law in the previous ten
years. FROM THE COMPLETION OF THE PERSON 'S SENTENCE FOR THE
ADJUDICATION OF A FELONY CRIME AS DEFINED IN SECTION
24-4.1-302 (1).
(b) I
F A PERSON COMPLETES A SENTENCE FOR THE ADJUDICATION OF
A FELONY CRIME AS DEFINED IN SECTION
24-4.1-302 (1) OR LISTED IN
SUBSECTION
(7) OF THIS SECTION, OR SUBSEQUENT TO THE PERSON 'S
ADJUDICATION FOR ATTEMPT OR CONSPIRACY TO COMMIT A CRIME AS
DEFINED IN SECTION
24-4.1-302 (1) OR LISTED IN SUBSECTION (7) OF THIS
SECTION THAT IS A FELONY
PURSUANT TO COLORADO OR ANY OTHER STATE'S
LAW OR UNDER FEDERAL LAW
, AND THE PERSON HAS GOOD CAUSE FOR
PAGE 11-HOUSE BILL 22-1257 POSSESSING, USING, OR CARRYING A FIREARM AS DEFINED IN SECTION
18-1-901 (3)(h) OR ANY OTHER WEAPON THAT IS SUBJECT TO THIS ARTICLE
12, THE PERSON MAY PETITION THE COURT FOR AN ORDER DETERMINING
THAT SUBSECTION
(3)(a) OF THIS SECTION DOES NOT APPLY TO THE PERSON
IF THE PERSON OTHERWISE LEGALLY POSSESSES
, USES, OR CARRIES UPON HIS
OR HER PERSON A FIREARM AS DEFINED IN SECTION
18-1-901 (3)(h) OR ANY
OTHER WEAPON THAT IS SUBJECT TO THIS ARTICLE
12. A COURT SHALL
ENTER AN ORDER DETERMINING THAT SUBSECTION
(3)(a) OF THIS SECTION
DOES NOT APPLY TO THE PERSON IF THE COURT FINDS
, UPON REQUEST OF THE
PERSON AND BY A PREPONDERANCE OF THE EVIDENCE
, THERE IS GOOD CAUSE
FOR THE PERSON TO POSSESS
, USE, OR CARRY A FIREARM AS DEFINED IN
SECTION
18-1-901 (3)(h) OR ANY OTHER WEAPON THAT IS SUBJECT TO THIS
ARTICLE
12.
(7) I
N ADDITION TO A CONVICTION FOR FELONY CRIME AS DEFINED IN
SECTION
24-4.1-302 (1), A FELONY CONVICTION OR ADJUDICATION FOR ONE
OF THE FOLLOWING FELONIES PROHIBITS A PERSON FROM POSSESSING
, USING,
OR CARRYING UPON HIS OR HER PERSON A FIREARM AS DEFINED IN SECTION
18-1-901 (3)(h) OR ANY OTHER WEAPON THAT IS SUBJECT TO THIS ARTICLE
12 PURSUANT TO SUBSECTION (1) OR (3) OF THIS SECTION:
(a) A
N OFFENSE SUBJECT TO SENTENCING PURSUANT TO SECTION
18-1.3-1004;
(b) F
IRST DEGREE MURDER OF A PEACE OFFICER , FIREFIGHTER, OR
EMERGENCY MEDICAL SERVICE PROVIDER IN VIOLATION OF SECTION
18-3-107;
(c) C
RIMINAL EXTORTION IN VIOLATION OF SECTION 18-3-207;
(d) F
ALSE IMPRISONMENT IN VIOLATION OF SECTION 18-3-303;
(e) E
NTICEMENT OF A CHILD IN VIOLATION OF SECTION 18-3-305;
(f) I
NTERNET LURING OF A CHILD IN VIOLATION OF SECTION 18-3-306;
(g) I
NTERNET SEXUAL EXPLOITATION OF A CHILD IN VIOLATION OF
SECTION
18-3-405.4;
(h) U
NLAWFUL SEXUAL CONDUCT BY A PEACE OFFICER IN VIOLATION
PAGE 12-HOUSE BILL 22-1257 OF SECTION 18-3-405.7;
(i) U
NLAWFUL TERMINATION OF A PREGNANCY IN THE FIRST DEGREE
IN VIOLATION OF SECTION
18-3.5-103;
(j) U
NLAWFUL TERMINATION OF A PREGNANCY IN THE SECOND
DEGREE IN VIOLATION OF SECTION
18-3.5-104;
(k) F
IRST DEGREE ARSON IN VIOLATION OF SECTION 18-4-102;
(l) S
ECOND DEGREE ARSON IN VIOLATION OF SECTION 18-4-103;
(m) T
HIRD DEGREE ARSON IN VIOLATION OF SECTION 18-4-104;
(n) F
OURTH DEGREE ARSON IN VIOLATION OF SECTION 18-4-105;
(o) H
ABITUAL CHILD ABUSE IN VIOLATION OF SECTION 18-6-401.2;
(p) C
ONTRIBUTING TO THE DELINQUENCY OF A MINOR IN VIOLATION
OF SECTION
18-6-701;
(q) P
ANDERING IN VIOLATION OF SECTION 18-7-203;
(r) P
IMPING IN VIOLATION OF SECTION 18-7-206;
(s) P
ANDERING OF A CHILD IN VIOLATION OF SECTION 18-7-403;
(t) P
ROCUREMENT OF A CHILD IN VIOLATION OF SECTION 18-7-403.5;
(u) K
EEPING A PLACE OF CHILD PROSTITUTION IN VIOLATION OF
SECTION
18-7-404;
(v) I
MPERSONATING A PEACE OFFICER IN VIOLATION OF SECTION
18-8-112;
(w) D
ISARMING A PEACE OFFICER IN VIOLATION OF SECTION
18-8-116;
(x) A
IDING ESCAPE FROM AN INSTITUTION FOR THE CARE AND
TREATMENT OF PERSONS WITH BEHAVIORAL OR MENTAL HEALTH DISORDERS
PAGE 13-HOUSE BILL 22-1257 IN VIOLATION OF SECTION 18-8-201.1;
(y) A
SSAULT DURING ESCAPE IN VIOLATION OF SECTION 18-8-206;
(z) H
OLDING HOSTAGES IN VIOLATION OF SECTION 18-8-207;
(aa) E
SCAPE IN VIOLATION OF SECTION 18-8-208;
(bb) A
TTEMPT TO ESCAPE IN VIOLATION OF SECTION 18-8-208.1;
(cc) P
ARTICIPATION IN A RIOT IN DETENTION FACILITIES IN VIOLATION
OF SECTION
18-8-211;
(dd) I
NTIMIDATING A JUROR IN VIOLATION OF SECTION 18-8-608;
(ee) I
NCITING A RIOT IN VIOLATION OF SECTION 18-9-102;
(ff) A
RMING A RIOTER IN VIOLATION OF SECTION 18-9-103;
(gg) E
NGAGING IN A RIOT IN VIOLATION OF SECTION 18-9-104;
(hh) V
EHICULAR ELUDING IN VIOLATION OF SECTION 18-9-116.5;
(ii) F
IREARMS, EXPLOSIVES, OR INCENDIARY DEVICES IN FACILITIES
OF PUBLIC TRANSPORTATION IN VIOLATION OF SECTION
18-9-118;
(jj) F
AILURE OR REFUSAL TO LEAVE PREMISES OR PROPERTY UPON
REQUEST OF A PEACE OFFICER IN VIOLATION OF SECTION
18-9-119;
(kk) T
ERRORIST TRAINING ACTIVITIES IN VIOLATION OF SECTION
18-9-120;
(ll) A
GGRAVATED CRUELTY TO ANIMALS IN VIOLATION OF SECTION
18-9-202;
(mm) T
REASON IN VIOLATION OF SECTION 18-11-101;
(nn) I
NSURRECTION IN VIOLATION OF SECTION 18-11-102;
(oo) A
DVOCATING THE OVERTHROW OF THE GOVERNMENT IN
PAGE 14-HOUSE BILL 22-1257 VIOLATION OF SECTION 18-11-201;
(pp) I
NCITING DESTRUCTION OF LIFE OR PROPERTY IN VIOLATION OF
SECTION
18-11-202;
(qq) M
EMBERSHIP IN ANARCHIST AND SEDITIOUS ASSOCIATIONS IN
VIOLATION OF SECTION
18-11-203;
(rr) P
OSSESSING A DANGEROUS OR ILLEGAL WEAPON IN VIOLATION
OF SECTION
18-12-102;
(ss) U
NLAWFULLY CARRYING A WEAPON IN VIOLATION OF SECTION
18-12-105.5;
(tt) U
SE OF A STUN GUN IN VIOLATION OF SECTION 18-12-106.5;
(uu) I
LLEGAL DISCHARGE OF A FIREARM IN VIOLATION OF SECTION
18-12-107.5;
(vv) P
OSSESSION OF A WEAPON BY A PREVIOUS OFFENDER IN
VIOLATION OF SECTION
18-12-108 IF COMMITTED ON OR AFTER MARCH 1,
2022;
(ww) P
OSSESSION OF A HANDGUN BY A JUVENILE IN VIOLATION OF
SECTION
18-12-108.5;
(xx) U
NLAWFULLY PROVIDING OR PERMITTING A JUVENILE TO
POSSESS A HANDGUN IN VIOLATION OF SECTION
18-12-108.7;
(yy) P
OSSESSION, USE, OR REMOVAL OF EXPLOSIVES OR INCENDIARY
DEVICES IN VIOLATION OF SECTION
18-12-109;
(zz) U
NLAWFUL PURCHASE OF A FIREARM IN VIOLATION OF SECTION
18-12-111;
(aaa) P
OSSESSING A LARGE-CAPACITY MAGAZINE DURING THE
COMMISSION OF A CRIME OF VIOLENCE IN VIOLATION OF SECTION
18-12-302
(1)(c);
(bbb) D
UELING IN VIOLATION OF SECTION 18-13-104;
PAGE 15-HOUSE BILL 22-1257 (ccc) INTENTIONALLY SETTING A WILDFIRE IN VIOLATION OF SECTION
18-13-109.5;
(ddd) U
NLAWFUL ADMINISTRATION OF KETAMINE IN VIOLATION OF
SECTION
18-13-123;
(eee) S
MUGGLING OF A HUMAN IN VIOLATION OF SECTION 18-13-128;
(fff) O
RGANIZED CRIME IN VIOLATION OF SECTION 18-17-104;
(ggg) A
SPECIAL OFFENDER IN VIOLATION OF SECTION 18-18-407
(1)(d)(II);
AND
(hhh) A CRIMINAL ATTEMPT, COMPLICITY, OR CONSPIRACY TO
COMMIT ANY OF THE OFFENSES LISTED IN THIS SUBSECTION
(7).
SECTION 12. In Colorado Revised Statutes, 24-4.1-302.5, add
(1)(b.6) as follows:
24-4.1-302.5. Rights afforded to victims - definitions. (1) In order
to preserve and protect a victim's rights to justice and due process, each
victim of a crime has the following rights:
(b.6) F
OR A VICTIM OF AN OFFENSE RESULTING IN A JUVENILE FELONY
ADJUDICATION
, THE RIGHT TO BE INFORMED OF THE FILING OF ANY PETITION
OR MOTION TO LEGALLY POSSESS
, USE, OR CARRY A FIREARM OR OTHER
WEAPON PURSUANT TO SECTION
18-12-108 (3)(b);
SECTION 13. Appropriation. For the 2022-23 state fiscal year,
$53,390 is appropriated to the judicial department for use by the probation
and related services division. This appropriation is from the general fund
and is based on an assumption that the department will require an additional
0.7 FTE. To implement this act, the division may use this appropriation for
probation programs.
SECTION 14. Effective date - applicability. (1) This act takes
effect upon passage; except that sections 3 and 4 of this act take effect July
1, 2023.
(2) Sections 1, 10, and 11 of this act apply to offenses committed
PAGE 16-HOUSE BILL 22-1257 on or after the effective date of this act.
SECTION 15. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 17-HOUSE BILL 22-1257