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Colorado House Bill HB1288

Colorado 2022 Regular Session

Colorado House Bill HB1288 Compare Versions

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1+Second Regular Session
2+Seventy-third General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 22-0352.02 Jane Ritter x4342
18 HOUSE BILL 22-1288
2-BY REPRESENTATIVE(S) Titone and Soper, Bacon, Benavidez,
3-Boesenecker, Lynch, Van Beber, Woodrow, Bernett, Bird, Cutter, Duran,
4-Esgar, Exum, Gonzales-Gutierrez, Gray, Herod, Hooton, Kipp, Lindsay,
5-Lontine, McLachlan, Michaelson Jenet, Mullica, Ortiz, Ricks, Sirota,
6-Tipper, Valdez A., Weissman, Garnett;
7-also SENATOR(S) Smallwood and Fields, Buckner, Donovan, Gonzales,
8-Jaquez Lewis, Kolker, Lee, Moreno, Fenberg.
9+House Committees Senate Committees
10+Judiciary Judiciary
11+A BILL FOR AN ACT
912 C
10-ONCERNING INCREASING ACCESS TO ASSISTANCE FOR VICTIMS BY
11-PROVIDING IMMUNITY FROM PROSECUTION FOR THE OFFENSE OF
12-PROSTITUTION IN SPECIFIC CIRCUMSTANCES
13-.
14-
15-Be it enacted by the General Assembly of the State of Colorado:
16-SECTION 1. In Colorado Revised Statutes, add 18-1-712.5 as
17-follows:
18-18-1-712.5. Immunity for sex workers and persons who are
19-victims of human trafficking for sexual servitude and who suffer or
13+ONCERNING INCREASING ACCESS TO ASSISTANCE FOR VICTIMS BY101
14+PROVIDING IMMUNITY FROM PROSECUTION FOR THE OFFENSE102
15+OF PROSTITUTION IN SPECIFIC CIRCUMSTANCES .103
16+Bill Summary
17+(Note: This summary applies to this bill as introduced and does
18+not reflect any amendments that may be subsequently adopted. If this bill
19+passes third reading in the house of introduction, a bill summary that
20+applies to the reengrossed version of this bill will be available at
21+http://leg.colorado.gov
22+.)
23+The bill grants immunity to the charge of prostitution, soliciting for
24+prostitution, or prostitute making display (prostitution offense) to a person
25+who seeks assistance from a law enforcement officer, the 911 system, or
26+a medical provider for a victim or as a victim of a violent crime or offense
27+(crime) if the evidence for the charge of a prostitution offense was
28+SENATE
29+3rd Reading Unamended
30+April 13, 2022
31+SENATE
32+2nd Reading Unamended
33+April 12, 2022
34+HOUSE
35+3rd Reading Unamended
36+March 21, 2022
37+HOUSE
38+Amended 2nd Reading
39+March 18, 2022
40+HOUSE SPONSORSHIP
41+Titone and Soper, Bacon, Benavidez, Boesenecker, Lynch, Van Beber, Woodrow, Bernett,
42+Bird, Cutter, Duran, Esgar, Exum, Garnett, Gonzales-Gutierrez, Gray, Herod, Hooton, Kipp,
43+Lindsay, Lontine, McLachlan, Michaelson Jenet, Mullica, Ortiz, Ricks, Sirota, Tipper, Valdez
44+A., Weissman
45+SENATE SPONSORSHIP
46+Smallwood and Fields, Buckner, Donovan, Fenberg, Gonzales, Jaquez Lewis, Kolker,
47+Lee, Moreno
48+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
49+Capital letters or bold & italic numbers indicate new material to be added to existing statute.
50+Dashes through the words indicate deletions from existing statute. obtained as a result of the person seeking assistance or as a result of the
51+need for assistance. A person who receives immunity for a prostitution
52+offense is not immune from prosecution for other offenses, and a district
53+attorney or law enforcement officer may obtain or use evidence obtained
54+from a report, recording, or other statement provided as a result of the
55+initial prostitution offense to prosecute any other offense.
56+For the purposes of the bill, "person" is defined as the victim of the
57+crime, a person who is a victim of human trafficking for sexual servitude,
58+or a witness to the crime. The bill sets forth the applicable violent crimes
59+or offenses.
60+Be it enacted by the General Assembly of the State of Colorado:1
61+SECTION 1. In Colorado Revised Statutes, add 18-1-712.5 as2
62+follows:3
63+18-1-712.5. Immunity for sex workers and persons who are4
64+victims of human trafficking for sexual servitude and who suffer or5
2065 report an assault - definition. (1) A
21-S USED IN THIS SECTION, UNLESS THE
22-CONTEXT OTHERWISE REQUIRES
23-, "PERSON" MEANS:
24-NOTE: This bill has been prepared for the signatures of the appropriate legislative
25-officers and the Governor. To determine whether the Governor has signed the bill
26-or taken other action on it, please consult the legislative status sheet, the legislative
27-history, or the Session Laws.
28-________
29-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
30-through words or numbers indicate deletions from existing law and such material is not part of
31-the act. (a) A PERSON WHO IS THE VICTIM OF AN OFFENSE SET FORTH IN
32-SUBSECTION
33-(3) OF THIS SECTION;
66+S USED IN THIS SECTION, UNLESS THE6
67+CONTEXT OTHERWISE REQUIRES , "PERSON" MEANS:7
68+(a) A
69+ PERSON WHO IS THE VICTIM OF AN OFFENSE SET FORTH IN8
70+SUBSECTION (3) OF THIS SECTION;9
3471 (b) A
35- PERSON WHO IS A VICTIM OF HUMAN TRAFFICKING OF A MINOR
36-FOR SEXUAL SERVITUDE PURSUANT TO SECTION
37-18-3-504; OR
38-(c) A WITNESS TO AN OFFENSE SET FORTH IN SUBSECTION (3) OF THIS
39-SECTION
40-.
72+ PERSON WHO IS A VICTIM OF HUMAN TRAFFICKING OF A10
73+MINOR FOR SEXUAL SERVITUDE PURSUANT TO SECTION 18-3-504; OR11
74+(c) A
75+ WITNESS TO AN OFFENSE SET FORTH IN SUBSECTION (3) OF12
76+THIS SECTION.13
4177 (2) A
42- PERSON IS IMMUNE FROM ARREST AND PROSECUTION FOR
43-PROSTITUTION AS DESCRIBED IN SECTION
44-18-7-201, SOLICITING FOR
45-PROSTITUTION AS DESCRIBED IN SECTION
46-18-7-202, AND A PROSTITUTE
47-MAKING DISPLAY AS DESCRIBED IN SECTION
48-18-7-207, IF THE PERSON SEEKS
49-ASSISTANCE FROM A LAW ENFORCEMENT OFFICER
50-, THE 911 SYSTEM, OR A
51-MEDICAL PROVIDER AND IF THE EVIDENCE FOR THE CHARGE OF
52-PROSTITUTION
53-, SOLICITING PROSTITUTION, OR A PROSTITUTE MAKING
54-DISPLAY WAS OBTAINED AS A RESULT OF THE PERSON SEEKING ASSISTANCE
55-,
56-AS A RESULT OF THE NEED FOR ASSISTANCE , OR AS A RESULT OF THE
57-REPORTING OF ASSISTANCE
58-. THIS SUBSECTION (2) ALSO APPLIES TO
59-EQUIVALENT MUNICIPAL CHARGES AND ARRESTS
60-.
78+ PERSON IS IMMUNE FROM ARREST AND PROSECUTION FOR14
79+PROSTITUTION AS DESCRIBED IN SECTION 18-7-201, SOLICITING FOR15
80+PROSTITUTION AS DESCRIBED IN SECTION 18-7-202, AND A PROSTITUTE16
81+MAKING DISPLAY AS DESCRIBED IN SECTION 18-7-207, IF THE PERSON17
82+SEEKS ASSISTANCE FROM A LAW ENFORCEMENT OFFICER , THE 911 SYSTEM,18
83+OR A MEDICAL PROVIDER AND IF THE EVIDENCE FOR THE CHARGE OF19
84+PROSTITUTION, SOLICITING PROSTITUTION, OR A PROSTITUTE MAKING20
85+1288-2- DISPLAY WAS OBTAINED AS A RESULT OF THE PERSON SEEKING1
86+ASSISTANCE, AS A RESULT OF THE NEED FOR ASSISTANCE, OR AS A RESULT2
87+OF THE REPORTING OF ASSISTANCE. THIS SUBSECTION (2) ALSO APPLIES TO3
88+EQUIVALENT MUNICIPAL CHARGES AND ARRESTS .4
6189 (3) A
62- PERSON WHO IS A VICTIM OF ONE OF THE FOLLOWING OFFENSES,
63-OR A PERSON WHO WITNESSES ONE OF THE FOLLOWING OFFENSES , QUALIFIES
64-FOR THE IMMUNITY FROM PROSTITUTION CHARGES AS DESCRIBED IN
65-SUBSECTION
66-(2) OF THIS SECTION:
90+ PERSON WHO IS A VICTIM OF ONE OF THE FOLLOWING5
91+OFFENSES, OR A PERSON WHO WITNESSES ONE OF THE FOLLOWING6
92+OFFENSES, QUALIFIES FOR THE IMMUNITY FROM PROSTITUTION CHARGES7
93+AS DESCRIBED IN SUBSECTION (2) OF THIS SECTION:8
6794 (a) M
68-URDER IN THE FIRST DEGREE , AS DESCRIBED IN SECTION
69-18-3-102;
95+URDER IN THE FIRST DEGREE, AS DESCRIBED IN SECTION9
96+18-3-102;10
7097 (b) M
71-URDER IN THE SECOND DEGREE , AS DESCRIBED IN SECTION
72-18-3-103;
98+URDER IN THE SECOND DEGREE , AS DESCRIBED IN SECTION11
99+18-3-103;12
73100 (c) M
74-ANSLAUGHTER, AS DESCRIBED IN SECTION 18-3-104;
101+ANSLAUGHTER, AS DESCRIBED IN SECTION 18-3-104;13
75102 (d) C
76-RIMINALLY NEGLIGENT HOMICIDE , AS DESCRIBED IN SECTION
77-18-3-105;
103+RIMINALLY NEGLIGENT HOMICIDE , AS DESCRIBED IN SECTION14
104+18-3-105;15
78105 (e) V
79-EHICULAR HOMICIDE, AS DESCRIBED IN SECTION 18-3-106;
106+EHICULAR HOMICIDE, AS DESCRIBED IN SECTION 18-3-106;16
80107 (f) A
81-SSAULT IN THE FIRST DEGREE , AS DESCRIBED IN SECTION
82-PAGE 2-HOUSE BILL 22-1288 18-3-202;
108+SSAULT IN THE FIRST DEGREE, AS DESCRIBED IN SECTION17
109+18-3-202;18
83110 (g) A
84-SSAULT IN THE SECOND DEGREE , AS DESCRIBED IN SECTION
85-18-3-203;
111+SSAULT IN THE SECOND DEGREE, AS DESCRIBED IN SECTION19
112+18-3-203;20
86113 (h) A
87-SSAULT IN THE THIRD DEGREE , AS DESCRIBED IN SECTION
88-18-3-204;
114+SSAULT IN THE THIRD DEGREE, AS DESCRIBED IN SECTION21
115+18-3-204;22
89116 (i) V
90-EHICULAR ASSAULT, AS DESCRIBED IN SECTION 18-3-205;
117+EHICULAR ASSAULT, AS DESCRIBED IN SECTION 18-3-205;23
91118 (j) M
92-ENACING, AS DESCRIBED IN SECTION 18-3-206;
119+ENACING, AS DESCRIBED IN SECTION 18-3-206;24
93120 (k) C
94-RIMINAL EXTORTION OR AGGRAVATED EXTORTION , AS
95-DESCRIBED IN SECTION
96-18-3-207;
121+RIMINAL EXTORTION OR AGGRAVATED EXTORTION , AS25
122+DESCRIBED IN SECTION 18-3-207;26
97123 (l) R
98-ECKLESS ENDANGERMENT , AS DESCRIBED IN SECTION 18-3-208;
124+ECKLESS ENDANGERMENT , AS DESCRIBED IN SECTION27
125+1288
126+-3- 18-3-208;1
99127 (m) F
100-IRST DEGREE KIDNAPPING, AS DESCRIBED IN SECTION 18-3-301;
128+IRST DEGREE KIDNAPPING , AS DESCRIBED IN SECTION2
129+18-3-301;3
101130 (n) S
102-ECOND DEGREE KIDNAPPING , AS DESCRIBED IN SECTION
103-18-3-302;
131+ECOND DEGREE KIDNAPPING , AS DESCRIBED IN SECTION4
132+18-3-302;5
104133 (o) F
105-ALSE IMPRISONMENT, AS DESCRIBED IN SECTION 18-3-303;
134+ALSE IMPRISONMENT, AS DESCRIBED IN SECTION 18-3-303;6
106135 (p) E
107-NTICEMENT OF A CHILD, AS DESCRIBED IN SECTION 18-3-305;
136+NTICEMENT OF A CHILD, AS DESCRIBED IN SECTION 18-3-305;7
108137 (q) I
109-NTERNET LURING OF A CHILD , AS DESCRIBED IN SECTION
110-18-3-306;
138+NTERNET LURING OF A CHILD , AS DESCRIBED IN SECTION8
139+18-3-306;9
111140 (r) S
112-EXUAL ASSAULT, AS DESCRIBED IN SECTION 18-3-402;
141+EXUAL ASSAULT, AS DESCRIBED IN SECTION 18-3-402;10
113142 (s) U
114-NLAWFUL SEXUAL CONTACT , AS DESCRIBED IN SECTION
115-18-3-404;
143+NLAWFUL SEXUAL CONTACT , AS DESCRIBED IN SECTION11
144+18-3-404;12
116145 (t) S
117-EXUAL ASSAULT ON A CHILD , AS DESCRIBED IN SECTION
118-18-3-405;
146+EXUAL ASSAULT ON A CHILD , AS DESCRIBED IN SECTION13
147+18-3-405;14
119148 (u) H
120-UMAN TRAFFICKING FOR INVOLUNTARY SERVITUDE OR HUMAN
121-TRAFFICKING OF A MINOR FOR INVOLUNTARY SERVITUDE
122-, AS DESCRIBED IN
123-SECTION
124-18-3-503;
125-PAGE 3-HOUSE BILL 22-1288 (v) HUMAN TRAFFICKING FOR SEXUAL SERVITUDE OR HUMAN
126-TRAFFICKING OF A MINOR FOR SEXUAL SERVITUDE
127-, AS DESCRIBED IN SECTION
128-18-3-504; OR
129-(w) STALKING, AS DESCRIBED IN SECTION 18-3-602.
149+UMAN TRAFFICKING FOR INVOLUNTARY SERVITUDE OR15
150+HUMAN TRAFFICKING OF A MINOR FOR INVOLUNTARY SERVITUDE , AS16
151+DESCRIBED IN SECTION 18-3-503;17
152+(v) H
153+UMAN TRAFFICKING FOR SEXUAL SERVITUDE OR HUMAN18
154+TRAFFICKING OF A MINOR FOR SEXUAL SERVITUDE , AS DESCRIBED IN19
155+SECTION 18-3-504; OR20
156+(w) S
157+TALKING, AS DESCRIBED IN SECTION 18-3-602.21
130158 (4) T
131-HE IMMUNITY DESCRIBED IN SUBSECTION (2) OF THIS SECTION
132-FOR THE OFFENSE OF PROSTITUTION IS NOT GROUNDS FOR SUPPRESSION OF
133-EVIDENCE IN OTHER CRIMINAL CHARGES
134-. NOTHING IN THIS SECTION
135-PROHIBITS THE PROSECUTION OF A PERSON FOR OFFENSES OTHER THAN
136-THOSE LISTED IN SUBSECTION
137-(2) OF THIS SECTION, OR TO LIMIT THE ABILITY
138-OF A DISTRICT ATTORNEY OR LAW ENFORCEMENT OFFICER TO OBTAIN OR USE
139-EVIDENCE FROM A REPORT
140-, RECORDING, OR ANY OTHER STATEMENT
141-PROVIDED PURSUANT TO SUBSECTION
142-(2) OF THIS SECTION TO PROSECUTE AN
143-OFFENSE OTHER THAN THOSE LISTED IN SUBSECTION
144-(2) OF THIS SECTION.
145-N
146-OTHING IN THIS SECTION PROHIBITS THE PROVISION OF IMMUNITY
147-PURSUANT TO OTHER SECTIONS OF LAW
148-, AS APPLICABLE, INCLUDING SECTION
149-18-1-711.
150-SECTION 2. Safety clause. The general assembly hereby finds,
151-PAGE 4-HOUSE BILL 22-1288 determines, and declares that this act is necessary for the immediate
152-preservation of the public peace, health, or safety.
153-____________________________ ____________________________
154-Alec Garnett Steve Fenberg
155-SPEAKER OF THE HOUSE PRESIDENT OF
156-OF REPRESENTATIVES THE SENATE
157-____________________________ ____________________________
158-Robin Jones Cindi L. Markwell
159-CHIEF CLERK OF THE HOUSE SECRETARY OF
160-OF REPRESENTATIVES THE SENATE
161- APPROVED________________________________________
162- (Date and Time)
163- _________________________________________
164- Jared S. Polis
165- GOVERNOR OF THE STATE OF COLORADO
166-PAGE 5-HOUSE BILL 22-1288
159+HE IMMUNITY DESCRIBED IN SUBSECTION (2) OF THIS SECTION22
160+FOR THE OFFENSE OF PROSTITUTION IS NOT GROUNDS FOR SUPPRESSION OF23
161+EVIDENCE IN OTHER CRIMINAL CHARGES . NOTHING IN THIS SECTION24
162+PROHIBITS THE PROSECUTION OF A PERSON FOR OFFENSES OTHER THAN25
163+THOSE LISTED IN SUBSECTION (2) OF THIS SECTION, OR TO LIMIT THE26
164+ABILITY OF A DISTRICT ATTORNEY OR LAW ENFORCEMENT OFFICER TO27
165+1288
166+-4- OBTAIN OR USE EVIDENCE FROM A REPORT , RECORDING, OR ANY OTHER1
167+STATEMENT PROVIDED PURSUANT TO SUBSECTION (2) OF THIS SECTION TO2
168+PROSECUTE AN OFFENSE OTHER THAN THOSE LISTED IN SUBSECTION (2) OF3
169+THIS SECTION. NOTHING IN THIS SECTION PROHIBITS THE PROVISION OF4
170+IMMUNITY PURSUANT TO OTHER SECTIONS OF LAW , AS APPLICABLE,5
171+INCLUDING SECTION 18-1-711.6
172+SECTION 2. Safety clause. The general assembly hereby finds,7
173+determines, and declares that this act is necessary for the immediate8
174+preservation of the public peace, health, or safety.9
175+1288
176+-5-