Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 22-0352.02 Jane Ritter x4342
HOUSE BILL 22-1288
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING INCREASING ACCESS TO ASSISTANCE FOR VICTIMS BY101
PROVIDING IMMUNITY FROM PROSECUTION FOR THE OFFENSE102
OF PROSTITUTION IN SPECIFIC CIRCUMSTANCES .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
.)
The bill grants immunity to the charge of prostitution, soliciting for
prostitution, or prostitute making display (prostitution offense) to a person
who seeks assistance from a law enforcement officer, the 911 system, or
a medical provider for a victim or as a victim of a violent crime or offense
(crime) if the evidence for the charge of a prostitution offense was
HOUSE SPONSORSHIP
Titone and Soper, Bacon, Benavidez, Boesenecker, Lynch, Van Beber, Woodrow
SENATE SPONSORSHIP
Smallwood,
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. obtained as a result of the person seeking assistance or as a result of the
need for assistance. A person who receives immunity for a prostitution
offense is not immune from prosecution for other offenses, and a district
attorney or law enforcement officer may obtain or use evidence obtained
from a report, recording, or other statement provided as a result of the
initial prostitution offense to prosecute any other offense.
For the purposes of the bill, "person" is defined as the victim of the
crime, a person who is a victim of human trafficking for sexual servitude,
or a witness to the crime. The bill sets forth the applicable violent crimes
or offenses.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 18-1-712.5 as2
follows:3
18-1-712.5. Immunity for sex workers and persons who are4
victims of human trafficking for sexual servitude and who suffer or5
report an assault - definition. (1) A
S USED IN THIS SECTION, UNLESS THE6
CONTEXT OTHERWISE REQUIRES , "PERSON" MEANS:7
(a) A
PERSON WHO IS THE VICTIM OF AN OFFENSE SET FORTH IN8
SUBSECTION (3) OF THIS SECTION;9
(b) A
PERSON WHO IS A VICTIM OF HUMAN TRAFFICKING OF A10
MINOR FOR SEXUAL SERVITUDE PURSUANT TO SECTION 18-3-504; OR11
(c) A
WITNESS TO AN OFFENSE SET FORTH IN SUBSECTION (3) OF12
THIS SECTION.13
(2) A
PERSON IS IMMUNE FROM ARREST AND PROSECUTION FOR14
PROSTITUTION AS DESCRIBED IN SECTION 18-7-201, SOLICITING FOR15
PROSTITUTION AS DESCRIBED IN SECTION 18-7-202, AND A PROSTITUTE16
MAKING DISPLAY AS DESCRIBED IN SECTION 18-7-207, IF THE PERSON17
SEEKS ASSISTANCE FROM A LAW ENFORCEMENT OFFICER , THE 911 SYSTEM,18
OR A MEDICAL PROVIDER AND IF THE EVIDENCE FOR THE CHARGE OF19
PROSTITUTION, SOLICITING PROSTITUTION, OR A PROSTITUTE MAKING20
HB22-1288-2- DISPLAY WAS OBTAINED AS A RESULT OF THE PERSON SEEKING1
ASSISTANCE, AS A RESULT OF THE NEED FOR ASSISTANCE, OR AS A RESULT2
OF THE REPORTING OF ASSISTANCE.3
(3) A
PERSON WHO IS A VICTIM OF ONE OF THE FOLLOWING4
OFFENSES, OR A PERSON WHO WITNESSES ONE OF THE FOLLOWING5
OFFENSES, QUALIFIES FOR THE IMMUNITY FROM PROSTITUTION CHARGES6
AS DESCRIBED IN SUBSECTION (2) OF THIS SECTION:7
(a) M
URDER IN THE FIRST DEGREE, AS DESCRIBED IN SECTION8
18-3-102;9
(b) M
URDER IN THE SECOND DEGREE, AS DESCRIBED IN SECTION10
18-3-103;11
(c) M
ANSLAUGHTER, AS DESCRIBED IN SECTION 18-3-104;12
(d) C
RIMINALLY NEGLIGENT HOMICIDE , AS DESCRIBED IN SECTION13
18-3-105;14
(e) V
EHICULAR HOMICIDE, AS DESCRIBED IN SECTION 18-3-106;15
(f) A
SSAULT IN THE FIRST DEGREE, AS DESCRIBED IN SECTION16
18-3-202;17
(g) A
SSAULT IN THE SECOND DEGREE, AS DESCRIBED IN SECTION18
18-3-203;19
(h) A
SSAULT IN THE THIRD DEGREE, AS DESCRIBED IN SECTION20
18-3-204;21
(i) V
EHICULAR ASSAULT, AS DESCRIBED IN SECTION 18-3-205;22
(j) M
ENACING, AS DESCRIBED IN SECTION 18-3-206;23
(k) C
RIMINAL EXTORTION OR AGGRAVATED EXTORTION , AS24
DESCRIBED IN SECTION 18-3-207;25
(l) R
ECKLESS ENDANGERMENT , AS DESCRIBED IN SECTION26
18-3-208;27
HB22-1288
-3- (m) FIRST DEGREE KIDNAPPING , AS DESCRIBED IN SECTION1
18-3-301;2
(n) S
ECOND DEGREE KI DNAPPING , AS DESCRIBED IN SECTION3
18-3-302;4
(o) F
ALSE IMPRISONMENT, AS DESCRIBED IN SECTION 18-3-303;5
(p) E
NTICEMENT OF A CHILD, AS DESCRIBED IN SECTION 18-3-305;6
(q) I
NTERNET LURING OF A CHILD , AS DESCRIBED IN SECTION7
18-3-306;8
(r) S
EXUAL ASSAULT, AS DESCRIBED IN SECTION 18-3-402;9
(s) U
NLAWFUL SEXUAL CONTACT , AS DESCRIBED IN SECTION10
18-3-404;11
(t) S
EXUAL ASSAULT ON A CHILD , AS DESCRIBED IN SECTION12
18-3-405;13
(u) H
UMAN TRAFFICKING FOR INVOLUNTARY SERVITUDE OR14
HUMAN TRAFFICKING OF A MINOR FOR INVOLUNTARY SERVITUDE , AS15
DESCRIBED IN SECTION 18-3-503;16
(v) H
UMAN TRAFFICKING FOR SEXUAL SERVITUDE OR HUMAN17
TRAFFICKING OF A MINOR FOR SEXUAL SERVITUDE , AS DESCRIBED IN18
SECTION 18-3-504; OR19
(w) S
TALKING, AS DESCRIBED IN SECTION 18-3-602.20
(4) T
HE IMMUNITY DESCRIBED IN SUBSECTION (2) OF THIS SECTION21
FOR THE OFFENSE OF PROSTITUTION IS NOT GROUNDS FOR SUPPRESSION OF22
EVIDENCE IN OTHER CRIMINAL CHARGES . NOTHING IN THIS SECTION23
PROHIBITS THE PROSECUTION OF A PERSON FOR OFFENSES OTHER THAN24
THOSE LISTED IN SUBSECTION (2) OF THIS SECTION, OR TO LIMIT THE25
ABILITY OF A DISTRICT ATTORNEY OR LAW ENFORCEMENT OFFICER TO26
OBTAIN OR USE EVIDENCE FROM A REPORT , RECORDING, OR ANY OTHER27
HB22-1288
-4- STATEMENT PROVIDED PURSUANT TO SUBSECTION (2) OF THIS SECTION TO1
PROSECUTE AN OFFENSE OTHER THAN THOSE LISTED IN SUBSECTION (2) OF2
THIS SECTION. NOTHING IN THIS SECTION PROHIBITS THE PROVISION OF3
IMMUNITY PURSUANT TO OTHER SECTIONS OF LAW , AS APPLICABLE,4
INCLUDING SECTION 18-1-711.5
SECTION 2. Safety clause. The general assembly hereby finds,6
determines, and declares that this act is necessary for the immediate7
preservation of the public peace, health, or safety.8
HB22-1288
-5-