HOUSE BILL 22-1288
BY REPRESENTATIVE(S) Titone and Soper, Bacon, Benavidez,
Boesenecker, Lynch, Van Beber, Woodrow, Bernett, Bird, Cutter, Duran,
Esgar, Exum, Gonzales-Gutierrez, Gray, Herod, Hooton, Kipp, Lindsay,
Lontine, McLachlan, Michaelson Jenet, Mullica, Ortiz, Ricks, Sirota,
Tipper, Valdez A., Weissman, Garnett;
also SENATOR(S) Smallwood and Fields, Buckner, Donovan, Gonzales,
Jaquez Lewis, Kolker, Lee, Moreno, Fenberg.
C
ONCERNING INCREASING ACCESS TO ASSISTANCE FOR VICTIMS BY
PROVIDING IMMUNITY FROM PROSECUTION FOR THE OFFENSE OF
PROSTITUTION IN SPECIFIC CIRCUMSTANCES
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 18-1-712.5 as
follows:
18-1-712.5. Immunity for sex workers and persons who are
victims of human trafficking for sexual servitude and who suffer or
report an assault - definition. (1) A
S USED IN THIS SECTION, UNLESS THE
CONTEXT OTHERWISE REQUIRES
, "PERSON" MEANS:
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. (a) A PERSON WHO IS THE VICTIM OF AN OFFENSE SET FORTH IN
SUBSECTION
(3) OF THIS SECTION;
(b) A
PERSON WHO IS A VICTIM OF HUMAN TRAFFICKING OF A MINOR
FOR SEXUAL SERVITUDE PURSUANT TO SECTION
18-3-504; OR
(c) A WITNESS TO AN OFFENSE SET FORTH IN SUBSECTION (3) OF THIS
SECTION
.
(2) A
PERSON IS IMMUNE FROM ARREST AND PROSECUTION FOR
PROSTITUTION AS DESCRIBED IN SECTION
18-7-201, SOLICITING FOR
PROSTITUTION AS DESCRIBED IN SECTION
18-7-202, AND A PROSTITUTE
MAKING DISPLAY AS DESCRIBED IN SECTION
18-7-207, IF THE PERSON SEEKS
ASSISTANCE FROM A LAW ENFORCEMENT OFFICER
, THE 911 SYSTEM, OR A
MEDICAL PROVIDER AND IF THE EVIDENCE FOR THE CHARGE OF
PROSTITUTION
, SOLICITING PROSTITUTION, OR A PROSTITUTE MAKING
DISPLAY WAS OBTAINED AS A RESULT OF THE PERSON SEEKING ASSISTANCE
,
AS A RESULT OF THE NEED FOR ASSISTANCE , OR AS A RESULT OF THE
REPORTING OF ASSISTANCE
. THIS SUBSECTION (2) ALSO APPLIES TO
EQUIVALENT MUNICIPAL CHARGES AND ARRESTS
.
(3) A
PERSON WHO IS A VICTIM OF ONE OF THE FOLLOWING OFFENSES,
OR A PERSON WHO WITNESSES ONE OF THE FOLLOWING OFFENSES , QUALIFIES
FOR THE IMMUNITY FROM PROSTITUTION CHARGES AS DESCRIBED IN
SUBSECTION
(2) OF THIS SECTION:
(a) M
URDER IN THE FIRST DEGREE , AS DESCRIBED IN SECTION
18-3-102;
(b) M
URDER IN THE SECOND DEGREE , AS DESCRIBED IN SECTION
18-3-103;
(c) M
ANSLAUGHTER, AS DESCRIBED IN SECTION 18-3-104;
(d) C
RIMINALLY NEGLIGENT HOMICIDE , AS DESCRIBED IN SECTION
18-3-105;
(e) V
EHICULAR HOMICIDE, AS DESCRIBED IN SECTION 18-3-106;
(f) A
SSAULT IN THE FIRST DEGREE , AS DESCRIBED IN SECTION
PAGE 2-HOUSE BILL 22-1288 18-3-202;
(g) A
SSAULT IN THE SECOND DEGREE , AS DESCRIBED IN SECTION
18-3-203;
(h) A
SSAULT IN THE THIRD DEGREE , AS DESCRIBED IN SECTION
18-3-204;
(i) V
EHICULAR ASSAULT, AS DESCRIBED IN SECTION 18-3-205;
(j) M
ENACING, AS DESCRIBED IN SECTION 18-3-206;
(k) C
RIMINAL EXTORTION OR AGGRAVATED EXTORTION , AS
DESCRIBED IN SECTION
18-3-207;
(l) R
ECKLESS ENDANGERMENT , AS DESCRIBED IN SECTION 18-3-208;
(m) F
IRST DEGREE KIDNAPPING, AS DESCRIBED IN SECTION 18-3-301;
(n) S
ECOND DEGREE KIDNAPPING , AS DESCRIBED IN SECTION
18-3-302;
(o) F
ALSE IMPRISONMENT, AS DESCRIBED IN SECTION 18-3-303;
(p) E
NTICEMENT OF A CHILD, AS DESCRIBED IN SECTION 18-3-305;
(q) I
NTERNET LURING OF A CHILD , AS DESCRIBED IN SECTION
18-3-306;
(r) S
EXUAL ASSAULT, AS DESCRIBED IN SECTION 18-3-402;
(s) U
NLAWFUL SEXUAL CONTACT , AS DESCRIBED IN SECTION
18-3-404;
(t) S
EXUAL ASSAULT ON A CHILD , AS DESCRIBED IN SECTION
18-3-405;
(u) H
UMAN TRAFFICKING FOR INVOLUNTARY SERVITUDE OR HUMAN
TRAFFICKING OF A MINOR FOR INVOLUNTARY SERVITUDE
, AS DESCRIBED IN
SECTION
18-3-503;
PAGE 3-HOUSE BILL 22-1288 (v) HUMAN TRAFFICKING FOR SEXUAL SERVITUDE OR HUMAN
TRAFFICKING OF A MINOR FOR SEXUAL SERVITUDE
, AS DESCRIBED IN SECTION
18-3-504; OR
(w) STALKING, AS DESCRIBED IN SECTION 18-3-602.
(4) T
HE IMMUNITY DESCRIBED IN SUBSECTION (2) OF THIS SECTION
FOR THE OFFENSE OF PROSTITUTION IS NOT GROUNDS FOR SUPPRESSION OF
EVIDENCE IN OTHER CRIMINAL CHARGES
. NOTHING IN THIS SECTION
PROHIBITS THE PROSECUTION OF A PERSON FOR OFFENSES OTHER THAN
THOSE LISTED IN SUBSECTION
(2) OF THIS SECTION, OR TO LIMIT THE ABILITY
OF A DISTRICT ATTORNEY OR LAW ENFORCEMENT OFFICER TO OBTAIN OR USE
EVIDENCE FROM A REPORT
, RECORDING, OR ANY OTHER STATEMENT
PROVIDED PURSUANT TO SUBSECTION
(2) OF THIS SECTION TO PROSECUTE AN
OFFENSE OTHER THAN THOSE LISTED IN SUBSECTION
(2) OF THIS SECTION.
N
OTHING IN THIS SECTION PROHIBITS THE PROVISION OF IMMUNITY
PURSUANT TO OTHER SECTIONS OF LAW
, AS APPLICABLE, INCLUDING SECTION
18-1-711.
SECTION 2. Safety clause. The general assembly hereby finds,
PAGE 4-HOUSE BILL 22-1288 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 5-HOUSE BILL 22-1288