First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-1012.01 Michael Dohr x4347
HOUSE BILL 23-1293
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING THE ADOPTION OF THE 2023 RECOMMENDATIONS OF THE101
C
OLORADO COMMISSION ON CRI MINAL AND JUVENILE JUSTICE102
REGARDING FELONY SENTENCING .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 reclassifies various criminal offenses that are currently a
felony to a different felony or misdemeanor level. The bill changes the
elements of some crimes to align with the new sentencing classifications.
HOUSE SPONSORSHIP
Weissman and Soper,
SENATE SPONSORSHIP
Gonzales,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, amend 8-43-402 as2
follows:3
8-43-402. False statement - felony. If, for the purpose of4
obtaining any AN order, benefit, award, compensation, or payment under5
PURSUANT TO the provisions of articles 40 to 47 of this title TITLE 8, either6
for self-gain or for the benefit of any other person, anyone willfully7
makes a false statement or representation material to the claim, such8
person commits a class 5 felony CLASS 6 FELONY and shall be punished9
as provided in section 18-1.3-401, C.R.S., and shall forfeit FORFEITS all10
right to compensation under said articles upon conviction of such THE11
offense.12
SECTION 2. In Colorado Revised Statutes, 13-10-126, amend13
(2)(a)(I)(A) as follows:14
13-10-126. Prostitution offender program authorized -15
reports. (2) A program created and administered by a municipal or16
county court or multiple municipal or county courts pursuant to17
subsection (1) of this section must:18
(a) Permit enrollment in the program only by an offender who19
either:20
(I) (A) Has no prior convictions or any charges pending for any21
felony; for any offense described in section 18-3-305
OR 18-3-306, or
22
18-13-128, C.R.S., in part 4 or 5 of article 3 of title 18, C.R.S., in part 3,23
4, 6, 7, or 8 of article 6 of title 18, C.R.S., in section 18-7-203 or24
18-7-206, C.R.S., or in part 3, 4, or 5 of article 7 of title 18; C.R.S.; or for25
any offense committed in another state that would constitute such an26
offense if committed in this state; and27
HB23-1293
-2- SECTION 3. In Colorado Revised Statutes, 18-1.3-201, amend1
(2.5)(b) introductory portion and (2.5)(b)(IX) as follows:2
18-1.3-201. Application for probation. (2.5) (b) Except as3
described in paragraph (a) of subsection (4) SUBSECTION (4)(a) of this4
section, a person who has been twice or more convicted of a felony upon5
charges separately brought and tried and arising out of separate and6
distinct criminal episodes under the laws of this state, any other state, or7
the United States prior to the conviction on which his or her THE PERSON'S8
application is based shall not be IS NOT eligible for probation if the9
current conviction or a prior conviction is for:10
(IX) Aggravated robbery, as described in section 18-4-302 or11
AGGRAVATED ROBBERY OF CONTROLLED SUBSTANCES , AS DESCRIBED IN12
SECTION 18-4-303 AS IT EXISTED PRIOR TO OCTOBER 1, 2023;13
SECTION 4. In Colorado Revised Statutes, 18-3-203, amend14
(1)(f.5)(I) and (2)(c)(II) as follows:15
18-3-203. Assault in the second degree. (1) A person commits16
the crime of assault in the second degree if:17
(f.5) (I) While lawfully confined in a detention facility within this18
state, a person
AN ACTOR with intent to infect, injure, OR harm harass,19
annoy, threaten, or alarm a person in a detention facility whom the actor20
knows or reasonably should know to be an employee of a detention21
facility, causes such employee to come into contact with blood, seminal22
fluid, urine, feces, saliva, mucus, vomit, or any toxic, caustic, or23
hazardous material by any means, including, but not limited to, throwing,24
tossing, or expelling such fluid or material.25
(2) (c) (II) If a defendant is convicted of assault in the second26
degree pursuant to paragraph (b), (c), (d), or (g) of subsection (1)27
HB23-1293
-3- SUBSECTION (1)(b), (1)(c.5), (1)(d), OR (1)(g) of this section, the court1
shall sentence the offender DEFENDANT in accordance with section2
18-1.3-406; except that, notwithstanding the provisions of section3
18-1.3-406, the court is not required to sentence the defendant to the4
department of corrections for a mandatory term of incarceration.5
SECTION 5. In Colorado Revised Statutes, 18-3-302, amend (1)6
and (3) as follows:7
18-3-302. Second degree kidnapping. (1) Any A person who8
knowingly seizes and carries any A person from one place to another,9
without his THE PERSON'S consent and without lawful justification, AND10
SUCH MOVEMENT INCREASES THE RISK OF HARM TO THE PERSON , commits11
second degree kidnapping.12
(3) Second degree kidnapping is a class 2 felony if any of the13
following circumstances exist:14
(a) The person kidnapped is a victim of a sexual offense pursuant15
to part 4 of this article; or ARTICLE 3;16
(b) The person kidnapped is a victim of a robbery;
OR17
(c) T
HE KIDNAPPING WAS A VIOLATION OF SUBSECTION (2) OF THIS18
SECTION.19
SECTION 6. In Colorado Revised Statutes, 18-4-102, amend (2)20
as follows:21
18-4-102. First degree arson. (2) First degree arson is a class 322
felony
IF THE ARSON IS OF AN OCCUPIED STRUCTURE, AND IT IS A CLASS 423
FELONY IF THE ARSON IS OF A BUILDING.24
SECTION 7. In Colorado Revised Statutes, 18-4-104, amend (2)25
as follows:26
18-4-104. Third degree arson. (2) Third degree arson is a class
27
HB23-1293
-4- 4 felony CLASS 5 FELONY.1
SECTION 8. In Colorado Revised Statutes, 18-4-202, repeal (3)2
as follows:3
18-4-202. First degree burglary. (3) If under the circumstances4
stated in subsection (1) of this section the property involved is a5
controlled substance, as defined in section 18-18-102 (5), within a6
pharmacy or other place having lawful possession thereof, such person7
commits first degree burglary of controlled substances, which is a class8
2 felony.9
SECTION 9. In Colorado Revised Statutes, 18-4-203, amend10
(2)(a); and add (2)(d) as follows:11
18-4-203. Second degree burglary. (2) (a) Except as provided12
in subsection (2)(b) or (2)(c) of this section, Second degree burglary is a13
class 4 felony
IF THE BURGLARY IS OF AN OCCUPIED STRUCTURE OR OF A14
BUILDING BEING USED FOR THE OPERATION OF A COMMERCIAL BUSINESS .15
(d) S
ECOND DEGREE BURGLARY IS A CLASS 5 FELONY IF THE16
BURGLARY IS OF ANY OTHER BUILDING NOT DESCRIBED IN SUBSECTION17
(2)(a), (2)(b)
OR (2)(c) OF THIS SECTION.18
SECTION 10. In Colorado Revised Statutes, repeal 18-4-303 as19
follows:20
18-4-303. Aggravated robbery of controlled substances. (1) A
21
person who takes any controlled substance, as defined in section22
18-18-102 (5), from any pharmacy or other place having lawful23
possession thereof or from any pharmacist or other person having lawful24
possession thereof under the aggravating circumstances defined in section25
18-4-302 is guilty of aggravated robbery of controlled substances.26
(2) Aggravated robbery of controlled substances is a class 227
HB23-1293
-5- felony.1
SECTION 11. In Colorado Revised Statutes, 18-4-408, amend2
(3)(a) as follows:3
18-4-408. Theft of trade secrets - penalty. (3) (a) Theft of a4
trade secret is a class 2 misdemeanor. A second or subsequent offense5
under this section committed within five years after the date of a prior6
conviction is a class 5 felony.7
SECTION 12. In Colorado Revised Statutes, 18-4-412, amend8
(3) as follows:9
18-4-412. Theft of medical records or medical information -10
penalty - definitions. (3) Theft of a medical record or medical11
information is a class 6 felony CLASS 1 MISDEMEANOR; EXCEPT THAT IF12
THE PERSON STEALS OR DISCLOSES THE MEDICAL RECORD OR INFORMATION13
TO AN UNAUTHORIZED PERSON , IT IS A CLASS 5 FELONY.14
SECTION 13. In Colorado Revised Statutes, 18-4-503, amend15
(2)(a) as follows:16
18-4-503. Second degree criminal trespass. (2) (a) Second17
degree criminal trespass in violation of subsection (1)(a) or (1)(b) of this18
section is a petty offense, but it is a class 4 felony CLASS 5 FELONY if the19
person trespasses on premises so classified as agricultural land with the20
intent to commit a felony thereon.21
SECTION 14. In Colorado Revised Statutes, 18-4-504, amend22
(2)(b) as follows:23
18-4-504. Third degree criminal trespass. (2) Third degree24
criminal trespass is a petty offense, but:25
(b) It is a class 5 felony if the person trespasses on premises so26
classified as agricultural land with the intent to commit a felony thereon;27
HB23-1293
-6- EXCEPT THAT IT IS A CLASS 6 FELONY IF THE AGRICULTURAL LAND DID NOT1
HAVE A FENCE SECURING THE PERIMETER .2
SECTION 15. In Colorado Revised Statutes, 18-5-102, amend3
(1) introductory portion and (1)(c) as follows:4
18-5-102. Forgery. (1) A person commits forgery, if, with intent5
to defraud, such THE person falsely makes, completes, alters, or utters a6
written instrument which THAT is or purports to be, or which THAT is7
calculated to become or to represent if completed:8
(c) A deed, will, codicil, contract, assignment, commercial9
instrument, promissory note, check, or other instrument which THAT does10
or may evidence, create, transfer, terminate, or otherwise affect a legal11
right, interest, obligation, or status; or12
SECTION 16. In Colorado Revised Statutes, 18-5-109, amend13
(2) as follows:14
18-5-109. Criminal possession of forgery devices. (2) Criminal15
possession of forgery devices:16
(a) C
OMMITTED IN VIOLATION OF SUBSECTION (1)(a), (1)(b), OR17
(1)(d)
OF THIS SECTION IS A CLASS 5 FELONY;18
(b) C
OMMITTED IN VIOLATION OF SUBSECTION (1)(c) OF THIS19
SECTION is a class 6 felony.20
SECTION 17. In Colorado Revised Statutes, 18-5-113, amend21
(2)(a); and add (2)(a.5) as follows:22
18-5-113. Criminal impersonation. (2) (a) Criminal23
impersonation in violation of subsection (1)(a)
SUBSECTION (1)(a)(III) or24
(1)(b)(I) of this section is a class 6 felony.25
(a.5) C
RIMINAL IMPERSONATION IN VIOLATION OF SUBSECTION26
(1)(a)(I) or (1)(a)(II)
OF THIS SECTION IS A CLASS 5 FELONY.27
HB23-1293
-7- SECTION 18. In Colorado Revised Statutes, 18-5-211, amend1
(4) as follows:2
18-5-211. Insurance fraud - definitions. (4) (a) Insurance fraud3
committed in violation of subsection (1)(a) of this section is a class 24
misdemeanor.5
(b) Insurance fraud committed in violation of subsections (1)(b)6
to (1)(e)
OR SUBSECTION (3) OF THIS SECTION IS A CLASS 6 FELONY.7
(c) I
NSURANCE FRAUD COMMITTED IN VIOLATION OF subsection (2)8
or (3)
of this section is a class 5 felony.9
SECTION 19. In Colorado Revised Statutes, amend 18-5-506 as10
follows:11
18-5-506. Fraudulent receipt - penalty. A warehouse, as defined12
in section 4-7-102 (a)(13), C.R.S., or any officer, agent, or servant of a13
warehouse, that issues or aids in issuing a receipt knowing that the goods14
for which the receipt is issued have not been actually received by the15
warehouse, or are not under the warehouse's actual control at the time of16
issuing the receipt, commits a class 6 felony CLASS 2 MISDEMEANOR.17
SECTION 20. In Colorado Revised Statutes, 18-5-706, amend18
(2) as follows:19
18-5-706. Criminal possession of forgery devices.20
(2) Possession of a forgery device is a class 6 felony CLASS 5 FELONY.21
SECTION 21. In Colorado Revised Statutes, 18-5-902, amend22
(2)(b); and repeal (3) as follows:23
18-5-902. Identity theft. (2) (b) Identity theft in violation of24
subsection (1)(b), (1)(d), or (1)(e) of this section is a class 225
misdemeanor; except that it is a class 6 felony CLASS 5 FELONY if the26
person possesses three or more financial devices or the personal or27
HB23-1293
-8- financial identifying information of three or more persons.1
(3) The court shall be required to sentence the defendant to the2
department of corrections for a term of at least the minimum of the3
presumptive range and may sentence the defendant to a maximum of4
twice the presumptive range if:5
(a) The defendant is convicted of identity theft or of attempt,6
conspiracy, or solicitation to commit identity theft; and7
(b) The defendant has a prior conviction for a violation of this part8
9 or a prior conviction for an offense committed in any other state, the9
United States, or any other territory subject to the jurisdiction of the10
United States that would constitute a violation of this part 9 if committed11
in this state, or for attempt, conspiracy, or solicitation to commit a12
violation of this part 9 or for attempt, conspiracy, or solicitation to13
commit an offense in another jurisdiction that would constitute a violation14
of this part 9 if committed in this state.15
SECTION 22. In Colorado Revised Statutes, 18-5-903, amend16
(2) as follows:17
18-5-903. Criminal possession of a financial device.18
(2) (a) E
XCEPT AS PROVIDED IN SUBSECTION (2)(c) OF THIS SECTION,19
criminal possession of one
OR MORE financial device
DEVICES is a class20
2 misdemeanor.21
(b) Criminal possession of two or more financial devices is a class22
6 felony.23
(c) Criminal possession of four THREE or more financial devices,24
of which at least two are issued to different account holders, is a class 525
felony.26
SECTION 23. In Colorado Revised Statutes, 18-5.5-102, amend27
HB23-1293
-9- (3)(b) as follows:1
18-5.5-102. Cybercrime. (3) (b) Cybercrime committed in2
violation of subsection (1)(a) of this section is a class 2 misdemeanor.3
except that, if the person has previously been convicted under this section4
or of any criminal act committed in any jurisdiction of the United States5
which, if committed in this state, would be a felony under this statute,6
cybercrime committed in violation of subsection (1)(a) of this section is7
a class 6 felony.8
SECTION 24. In Colorado Revised Statutes, amend 18-8-110 as9
follows:10
18-8-110. False report of explosives, weapons, or harmful11
substances. Any person who reports to any other person that a bomb or12
other explosive, any chemical or biological agent, any poison or weapon,13
or any harmful radioactive substance has been placed in any public or14
private place or vehicle designed for the transportation of persons or15
property, knowing that the report is false, commits a class 6 felony CLASS16
5
FELONY.17
SECTION 25. In Colorado Revised Statutes, 18-8-112, amend18
(2) as follows:19
18-8-112. Impersonating a peace officer. (2) Impersonating a20
peace officer is a class 6 felony
CLASS 5 FELONY.21
SECTION 26. In Colorado Revised Statutes, 18-8-208.2, amend22
(1) introductory portion as follows:23
18-8-208.2. Unauthorized absence. (1) A person who is serving24
a direct sentence to a community corrections program pursuant to section25
18-1.3-301; transitioning from the department of corrections to a26
community corrections program or placed in an intensive supervision27
HB23-1293
-10- program pursuant to section 17-27.5-101; participating in a work release1
or home detention program pursuant to 18-1.3-106 (1.1), intensive2
supervision program, or any other similar authorized supervised or3
unsupervised absence from a detention facility as defined in section4
18-8-203 (3);
TRANSITIONING FROM THE DEPARTMENT OF HUMAN5
SERVICES TO A RESIDENTIAL FACILITY OR PROGRAM PURSUANT TO SECTION6
16-8-115
OR 16-8-118; or is housed in a staff secure facility as defined in7
section 19-2.5-102 commits the crime of unauthorized absence if the8
person knowingly:9
SECTION 27. In Colorado Revised Statutes, 18-8-211, amend10
(2)(b) as follows:11
18-8-211. Riots in detention facilities. (2) Active participation12
in a riot by any person while confined in any detention facility within the13
state:14
(b) Is a
CLASS 4 felony if the participant does not employ any such15
weapon or device in the course of such participation. and, upon
16
conviction thereof, the punishment shall be imprisonment in a detention17
facility for not less than two years nor more than ten years.18
SECTION 28. In Colorado Revised Statutes, 18-8-303, amend19
(1) introductory portion as follows:20
18-8-303. Compensation for past official behavior. (1) A21
person commits a class 6 felony, CLASS 4 FELONY if he THE PERSON:22
SECTION 29. In Colorado Revised Statutes, 18-8-307, amend23
(4) as follows:24
18-8-307. Designation of supplier prohibited. (4) Any public25
servant who violates the provisions of subsection (1) of this section26
commits a class 6 felony CLASS 5 FELONY.27
HB23-1293
-11- SECTION 30. In Colorado Revised Statutes, 18-8-402, amend1
(2) as follows:2
18-8-402. Misuse of official information. (2) Misuse of official3
information is a class 6 felony CLASS 5 FELONY.4
SECTION 31. In Colorado Revised Statutes, 18-8-609, amend5
(2) as follows:6
18-8-609. Jury-tampering. (2) Jury-tampering is a class 57
felony; except that jury-tampering in any class 1 felony trial is a class 48
felony.9
SECTION 32. In Colorado Revised Statutes, 18-8-706, amend10
(2) as follows:11
18-8-706. Retaliation against a witness or victim.12
(2) Retaliation against a witness or victim is a class 3 felony CLASS 413
FELONY.14
SECTION 33. In Colorado Revised Statutes, add 18-8-706.3 as15
follows:16
18-8-706.3. Aggravated retaliation against a witness or victim.17
(1) A
PERSON COMMITS THE CRIME OF AGGRAVATED RETALIATION18
AGAINST A WITNESS OR VICTIM IF, DURING THE ACT OF RETALIATION, THE19
PERSON:20
(a) I
S ARMED WITH A DEADLY WEAPON WITH THE INTENT , IF21
RESISTED, TO KILL, MAIM, OR WOUND THE PERSON BEING RETALIATED22
AGAINST OR ANY OTHER PERSON ; OR23
(b) K
NOWINGLY WOUNDS WITH A DEADLY WEAPON THE PERSON24
BEING RETALIATED AGAINST OR ANY OTHER PERSON ; OR25
(c) B
Y THE USE OF FORCE, THREATS, OR INTIMIDATION WITH A26
DEADLY WEAPON, KNOWINGLY PUTS THE PERSON BEING RETALIATED27
HB23-1293
-12- AGAINST OR ANY OTHER PERSON IN REASONABLE FEAR OF DEATH OR1
BODILY INJURY.2
(2) A
GGRAVATED RETALIATION AGAINST A WITNESS OR VICTIM IS3
A CLASS 3 FELONY.4
SECTION 34. In Colorado Revised Statutes, 18-9-116.5, repeal5
(2)(b) as follows:6
18-9-116.5. Vehicular eluding. (2) (b) Notwithstanding section
7
18-1.3-401, the minimum sentence within the presumptive range for a8
violation of this section shall be increased as follows:9
(I) For a class 5 felony, the minimum fine shall be two thousand10
dollars;11
(II) For a class 4 felony, the minimum fine shall be four thousand12
dollars; and13
(III) For a class 3 felony, the minimum fine shall be six thousand14
dollars.15
SECTION 35. In Colorado Revised Statutes, 18-9-119, amend16
(5) and (7) as follows:17
18-9-119. Failure or refusal to leave premises or property18
upon request of a peace officer - penalties - payment of costs. (5) Any19
person who violates subsection (2) of this section and who, in the same20
criminal episode, knowingly holds another person hostage or who21
confines or detains such other person through the possession, use, or22
threatened use of a deadly weapon, without the other person's consent,23
and without proper legal authority commits a class 4 felony CLASS 324
FELONY.25
(7) Any person who violates subsection (2) of this section and26
who, in the same criminal episode, knowingly holds another person27
HB23-1293
-13- hostage or confines or detains such other person by knowingly causing1
such other person to reasonably believe that he THE PERSON possesses a2
deadly weapon commits a class 5 felony CLASS 4 FELONY.3
SECTION 36. In Colorado Revised Statutes, 18-9-202, amend4
(2)(c) as follows:5
18-9-202. Cruelty to animals - aggravated cruelty to animals6
- service animals - short title. (2) (c) Aggravated cruelty to animals is7
a class 6 felony; except that a second or subsequent conviction for the8
offense of aggravated cruelty to animals is a class 5 felony. A plea of nolo9
contendere accepted by the court shall be considered a conviction for10
purposes of this section CLASS 4 FELONY.11
SECTION 37. In Colorado Revised Statutes, 18-9-204, amend12
(2) as follows:13
18-9-204. Animal fighting - penalty. (2) (a) Except as described14
in paragraph (b) of this subsection (2), A person who violates the15
provisions of this section commits a class 5 felony and, in addition to the16
punishment provided in section 18-1.3-401, the court shall impose upon17
the person a mandatory fine of at least one thousand dollars.18
(b) A person who commits a second or subsequent violation of19
this section commits a class 4 felony and, in addition to the punishment20
provided in section 18-1.3-401, the court shall impose upon the person a21
mandatory fine of at least five thousand dollars.22
SECTION 38. In Colorado Revised Statutes, amend 18-9-302 as23
follows:24
18-9-302. Wiretapping and eavesdropping devices prohibited25
- penalty. Any person who manufactures, buys, sells, or knowingly has26
in the person's possession any instrument, device, contrivance, machine,27
HB23-1293
-14- or apparatus designed or commonly used for wiretapping or1
eavesdropping, as prohibited in sections 18-9-303 and 18-9-304, with the2
intent to unlawfully use or employ or allow the same to be so used or3
employed, or who knowingly aids, authorizes, agrees with, employs,4
permits, or conspires with any
OTHER person to unlawfully manufacture,5
buy, sell, or have the same in the person's possession is guilty of a petty6
offense. Upon commission of a second or subsequent offense, any person
7
committing the same commits a class 5 felony.8
SECTION 39. In Colorado Revised Statutes, 18-9-303, amend9
(2) as follows:10
18-9-303. Wiretapping prohibited - penalty. (2) Wiretapping11
is a class 6 felony; except that, if the wiretapping involves a cordless12
telephone, it is a class 2 misdemeanor.13
SECTION 40. In Colorado Revised Statutes, 18-9-309, amend14
(4)(a) introductory portion and (4)(b); and repeal (2.5) as follows:15
18-9-309. Telecommunications crime. (2.5) A person commits16
a class 6 felony if, within five years after a previous violation of17
subsection (2) of this section, the person commits a second or subsequent18
violation of subsection (2) of this section; except that a second or19
subsequent violation of subsection (2) of this section involving knowingly20
using cloning equipment to create a cloned cellular phone, as described21
in paragraph (b) of subsection (2) of this section, is a class 4 felony.22
(4) (a) A person commits a class 4 felony CLASS 2 MISDEMEANOR23
if he or she THE PERSON knowingly uses cloning equipment to:24
(b) A person commits a class 4 felony CLASS 2 MISDEMEANOR if25
he or she THE PERSON aids, abets, advises, or encourages one or more26
persons who engage in the activities described in paragraph (a) of this27
HB23-1293
-15- subsection (4) SUBSECTION (4)(a) OF THIS SECTION.1
SECTION 41. In Colorado Revised Statutes, 18-10-103, amend2
(2) as follows:3
18-10-103. Gambling - professional gambling - offenses. (2) A4
person who engages in professional gambling commits a class 25
misdemeanor. If the offender is a repeating gambling offender, it is a6
class 5 felony.7
SECTION 42. In Colorado Revised Statutes, 18-10-105, amend8
(2) as follows:9
18-10-105. Possession of a gambling device or record.10
(2) Possession of a gambling device or record or violation of subsection11
(1.5) of this section is a class 2 misdemeanor. If the offender is a12
repeating gambling offender, it is a class 6 felony.13
SECTION 43. In Colorado Revised Statutes, 18-10-106, amend14
(1) as follows:15
18-10-106. Gambling information. (1) Whoever knowingly16
transmits or receives gambling information by telephone, telegraph, radio,17
semaphore, or other means or knowingly installs or maintains equipment18
for the transmission or receipt of gambling information commits a class19
2 misdemeanor. If the offender is a repeating gambling offender, it is a20
class 6 felony.21
SECTION 44. In Colorado Revised Statutes, 18-12-102, amend22
(1), (2), and (3) as follows:23
18-12-102. Possessing a dangerous or illegal weapon -24
affirmative defense - definition. (1) As used in this section, the term25
"dangerous weapon" means a firearm silencer, machine gun, short26
shotgun,
OR short rifle. or ballistic knife.
27
HB23-1293
-16- (2) As used in this section, the term "illegal weapon" means a1
blackjack, a gas gun, BALLISTIC KNIFE, or metallic knuckles.2
(3) A person who knowingly possesses a dangerous weapon3
commits a class 5 felony. Each subsequent violation of this subsection (3)4
by the same person shall be a class 4 felony.5
SECTION 45. In Colorado Revised Statutes, 18-12-105.5,6
amend (1) as follows:7
18-12-105.5. Unlawfully carrying a weapon - unlawful8
possession of weapons - school, college, or university grounds.9
(1) (a) A person commits a class 6 felony if such person SHALL NOT10
knowingly and unlawfully and without legal authority carries, brings, or11
has in such CARRY, BRING, OR HAVE IN THE person's possession a deadly12
weapon as defined in section 18-1-901 (3)(e) in or on the real estate and13
all improvements erected thereon of any public or private elementary,14
middle, junior high, high, or vocational school or any public or private15
college, university, or seminary, except for the purpose of presenting an16
authorized public demonstration or exhibition pursuant to instruction in17
conjunction with an organized school or class, for the purpose of carrying18
out the necessary duties and functions of an employee of an educational19
institution that require the use of a deadly weapon, or for the purpose of20
participation in an authorized extracurricular activity or on an athletic21
team.22
(b) (I) A
PERSON WHO VIOLATES SUBSECTION (1)(a) OF THIS23
SECTION COMMITS A CLASS 6 FELONY IF THE WEAPON INVOLVED IS A24
DEADLY WEAPON OTHER THAN A FIREARM , AS DEFINED IN SECTION25
18-1-901.26
(II) A
PERSON WHO VIOLATES SUBSECTION (1)(a) OF THIS SECTION27
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DEFINED IN SECTION 18-1-901.2
SECTION 46. In Colorado Revised Statutes, 18-12-108, amend3
(7) introductory portion and (7)(bbb); and repeal (7)(eee) as follows:4
18-12-108. Possession of weapons by previous offenders. (7) In5
addition to a conviction for felony crime as defined in section 24-4.1-3026
(1), a felony conviction or adjudication for one of the following felonies7
prohibits a person from possessing, using, or carrying upon his or her THE8
person a firearm as defined in section 18-1-901 (3)(h) or any other9
weapon that is subject to this article 12 pursuant to subsection (1) or (3)10
of this section:11
(bbb) Dueling in violation of section 18-13-104
IF COMMITTED ON12
OR BEFORE OCTOBER 1, 2023;13
(eee) Smuggling of a human in violation of section 18-13-128;
14
SECTION 47. In Colorado Revised Statutes, 18-12-109, amend15
(2), (2.5), (5), (5.5), (6), and (6.5) as follows:16
18-12-109. Possession, use, or removal of explosives or17
incendiary devices - possession of components thereof - chemical,18
biological, and nuclear weapons - persons exempt - hoaxes.19
(2) (a) Any person who knowingly possesses
OR controls manufactures,
20
gives, mails, sends, or causes to be sent an explosive or incendiary device21
commits a class 4 felony CLASS 5 FELONY.22
(b) A
NY PERSON WHO KNOWINGLY MANUFACTURERS , GIVES,23
MAILS, SENDS, OR CAUSES TO BE SENT AN EXPLOSIVE OR INCENDIARY24
DEVICE COMMITS A CLASS 4 FELONY.25
(2.5) (a) Any person who knowingly possesses
OR controls26
manufacturers, gives, mails, sends, or causes to be sent
a chemical,27
HB23-1293
-18- biological, or radiological weapon commits a class 3 felony CLASS 41
FELONY.2
(b) A
NY PERSON WHO KNOWINGLY MANUFACTURERS , GIVES,3
MAILS, SENDS, OR CAUSES TO BE SENT A CHEMICAL , BIOLOGICAL, OR4
NUCLEAR WEAPON COMMITS A CLASS 3 FELONY.5
(5) Any person who removes or causes to be removed or carries6
away any explosive or incendiary device from the premises where said
7
THE explosive or incendiary device is kept by the lawful user, vendor,8
transporter, or manufacturer thereof, without the consent or direction of9
the lawful possessor, commits a class 4 felony. A person convicted of this10
offense shall be subjected to a mandatory minimum sentence of two years11
in the department of corrections.12
(5.5) Any person who removes or causes to be removed or carries13
away any chemical, biological, or radiological weapon from the premises14
where said THE chemical, biological, or radiological weapon is kept by15
the lawful user, vendor, transporter, or manufacturer thereof, without the16
consent or direction of the lawful possessor, commits a class 3 felony. A17
person convicted of this offense shall be subject to a mandatory minimum18
sentence of four years in the department of corrections.19
(6) Any person who possesses any explosive or incendiary parts20
commits a class 4 felony CLASS 5 FELONY.21
(6.5) Any person who possesses any chemical weapon, biological22
weapon, or radiological NUCLEAR weapon parts commits a class 3 felony23
CLASS 4 FELONY.24
SECTION 48. In Colorado Revised Statutes, 18-13-104, amend25
(2) as follows:26
18-13-104. Fighting by agreement - dueling. (2) Persons who27
HB23-1293
-19- by agreement engage in a fight with deadly weapons, whether in a public1
or private place, commit dueling. which DUELING is a class 4 felony2
CLASS 1 MISDEMEANOR.3
SECTION 49. In Colorado Revised Statutes, 18-13-112, amend4
(3) as follows:5
18-13-112. Hazardous waste violations. (3) (a) Any A person6
who violates any provision of this section BY INTENTIONALLY SPILLING7
HAZARDOUS WASTE commits a class 4 felony.8
(b) A
PERSON WHO VIOLATES THIS SECTION BY ABANDONING A9
VEHICLE CONTAINING HAZARDOUS WASTE COMMITS A CLASS 5 FELONY.10
SECTION 50. In Colorado Revised Statutes, 18-13-114, amend11
(6)(a) as follows:12
18-13-114. Sale of secondhand property - record - inspection13
- crime - definitions. (6) (a) Any secondhand dealer who violates any of
14
the provisions of subsection (1) or (2) of this section commits a petty15
offense. Upon a second or subsequent conviction for a violation of16
subsection (1) or (2) of this section within three years of the date of a17
prior conviction, a secondhand dealer commits a class 5 felony.18
SECTION 51. In Colorado Revised Statutes, 18-13-123, amend19
(5) as follows:20
18-13-123. Unlawful administration of gamma21
hydroxybutyrate (GHB) or ketamine. (5) Violation of the provisions22
of subsection (3) of this section is a class 3 felony. except that such23
violation is a class 2 felony if the violation is subsequent to a prior24
conviction for a violation of subsection (3) of this section or section25
18-18-405 where the controlled substance was gamma hydroxybutyrate26
(GHB) or ketamine or the immediate chemical precursors or chemical27
HB23-1293
-20- analogs for either of such substances.1
SECTION 52. In Colorado Revised Statutes, repeal 18-13-1282
as follows:3
18-13-128. Smuggling of humans. (1) A person commits4
smuggling of humans if, for the purpose of assisting another person to5
enter, remain in, or travel through the United States or the state of6
Colorado in violation of immigration laws, he or she provides or agrees7
to provide transportation to that person in exchange for money or any8
other thing of value.9
(2) Smuggling of humans is a class 3 felony.10
(3) A person commits a separate offense for each person to whom11
he or she provides or agrees to provide transportation in violation of12
subsection (1) of this section.13
(4) Notwithstanding the provisions of section 18-1-202,14
smuggling of humans offenses may be tried in any county in the state15
where a person who is illegally present in the United States who is a16
subject of the action is found.17
SECTION 53. In Colorado Revised Statutes, 18-17-103, amend18
(5)(b) introductory portion and (5)(b)(II) as follows:19
18-17-103. Definitions. As used in this article 17, unless the20
context otherwise requires:21
(5) "Racketeering activity" means to commit, to attempt to22
commit, to conspire to commit, or to solicit, coerce, or intimidate another23
person to commit:24
(b) Any violation of the following provisions of the Colorado25
statutes or any criminal act committed in any jurisdiction of the United26
States which THAT, if committed in this state, would be a crime under the27
HB23-1293
-21- following provisions of the Colorado statutes:1
(II) Offenses against property, as defined in sections 18-4-1022
(first degree arson), 18-4-103 (second degree arson), 18-4-104 (third3
degree arson), 18-4-105 (fourth degree arson), 18-4-202 (first degree4
burglary), 18-4-203 (second degree burglary), 18-4-301 (robbery),5
18-4-302 (aggravated robbery), 18-4-303 (aggravated robbery of6
controlled substances), 18-4-401 (theft), 18-4-409 (aggravated motor7
vehicle theft), and 18-4-501 (criminal mischief);8
SECTION 54. In Colorado Revised Statutes, 18-20-103, repeal9
(1)(d) as follows:10
18-20-103. Violations of taxation provisions - penalties.11
(1) Any person who:12
(d) Violates section 44-30-603 (1)(b) or (1)(c) two or more times13
in any twelve-month period commits a class 5 felony;14
SECTION 55. In Colorado Revised Statutes, 18-20-108, amend15
(2) as follows:16
18-20-108. Use of device for calculating probabilities. (2) Any17
person issued a license pursuant to article 30 of title 44 violating any18
provision of this section commits a class 6 felony and any other person19
violating any provision of this section commits a class 2 misdemeanor. If20
the person is a repeating gambling offender, the person commits a class21
5 felony.22
SECTION 56. In Colorado Revised Statutes, 18-20-109, amend23
(8) as follows:24
18-20-109. Use of counterfeit or unapproved chips or tokens25
or unlawful coins or devices - possession of certain unlawful devices,26
equipment, products, or materials. (8) Any A person violating any27
HB23-1293
-22- provision of this section commits a class 6 felony. except that, if the1
person is a repeating gambling offender, the person commits a class 52
felony.3
SECTION 57. In Colorado Revised Statutes, 18-20-111, amend4
(4) as follows:5
18-20-111. Unlawful manufacture, sale, distribution, marking,6
altering, or modification of equipment and devices related to limited7
gaming - unlawful instruction. (4) Any person issued a license pursuant8
to article 30 of title 44 violating any provision of this section commits a9
class 6 felony, and any other person violating any provision of this section10
commits a class 2 misdemeanor. If the person is a repeating gambling11
offender, the person commits a class 5 felony.12
SECTION 58. In Colorado Revised Statutes, amend 18-20-11213
as follows:14
18-20-112. Unlawful entry by excluded and ejected persons.15
(1) (a) It is unlawful for any person whose name is on the list16
promulgated by the Colorado limited gaming control commission17
pursuant to section 44-30-1703 (3) or (4) to enter the licensed premises18
of a limited gaming licensee.19
(b) A
PERSON WHO VIOLATES SUBSECTION (1)(a) OF THIS SECTION20
COMMITS A CLASS 6 FELONY.21
(2) (a) It is unlawful for any person whose name is on the list22
promulgated by the Colorado limited gaming control commission23
pursuant to section 44-30-1703 (3) or (4) to have any personal pecuniary24
interest, direct or indirect, in any limited gaming licensee, licensed25
premises, establishment, or business involved in or with limited gaming26
or in the shares in any corporation, association, or firm licensed pursuant27
HB23-1293
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(b) A
PERSON WHO VIOLATES SUBSECTION (2)(a) OF THIS SECTION2
COMMITS A CLASS 5 FELONY.3
(3) Any person violating the provisions of this section commits a
4
class 5 felony.5
SECTION 59. In Colorado Revised Statutes, 19-5-213.5, amend6
(4) as follows:7
19-5-213.5. Unauthorized advertising for adoption purposes8
- exceptions - penalty - definitions. (4) Unauthorized advertising of a9
child, as described in subsection (2) of this section, is a class 6 felony10
CLASS 2 MISDEMEANOR.11
SECTION 60. In Colorado Revised Statutes, 24-4.1-302, amend12
(1)(v) as follows:13
24-4.1-302. Definitions. As used in this part 3, and for no other14
purpose, including the expansion of the rights of any defendant:15
(1) "Crime" means any of the following offenses, acts, and16
violations as defined by the statutes of the state of Colorado, whether17
committed by an adult or a juvenile:18
(v) Aggravated robbery of controlled substances, in violation of19
section 18-4-303, C.R.S. AS IT EXISTED PRIOR TO OCTOBER 1, 2023;20
SECTION 61. In Colorado Revised Statutes, amend 24-22-11021
as follows:22
24-22-110. Personal profit on state money unlawful - penalty.23
Any A person holding the office of state treasurer or any A person24
employed in the department of the treasury who, directly or indirectly,25
accepts or receives from any
OTHER person, for himself or herself or26
otherwise than on behalf of the state, any fee, reward, or compensation,27
HB23-1293
-24- either in money or other property or thing of value, in consideration of the1
deposit or investment of state moneys MONEY with any such OTHER2
person or in consideration of any agreement or arrangement touching3
upon the use of state moneys MONEY commits a class 6 felony CLASS 54
FELONY and shall be punished as provided in section 18-1.3-401. C.R.S.5
SECTION 62. In Colorado Revised Statutes, 24-30-1406, amend6
(1) as follows:7
24-30-1406. Criminal liability. (1) Any person, other than a8
bona fide employee working solely for a person providing professional9
services, who offers, agrees, or contracts to solicit or secure for any other10
person contracts for professional services with a state agency or state11
institution of higher education and who, in so doing, receives any fee,12
commission, gift, or other consideration contingent upon or resulting13
from the making of the contract commits a class 3 felony CLASS 4 FELONY14
and shall be punished as provided in section 18-1.3-401. C.R.S.15
SECTION 63. In Colorado Revised Statutes, amend 31-31-120316
as follows:17
31-31-1203. False statement - felony. If, for the purpose of18
obtaining any order, benefit, award, compensation, or payment under the19
provisions of PURSUANT TO articles 30, 30.5, and 31 of this title TITLE 31,20
either for self-gain or for the benefit of any other person, anyone A21
PERSON willfully makes a false statement or representation material to the22
claim, such THE person commits a class 5 felony CLASS 6 FELONY and,23
UPON CONVICTION THEREOF , shall be punished as provided in section24
18-1.3-401, C.R.S., and shall forfeit THE PERSON FORFEITS all right to25
compensation under said articles upon conviction of such offense26
PURSUANT TO ARTICLES 30 AND 30.5 OF THIS TITLE 31 AND THIS ARTICLE27
HB23-1293
-25- 31.1
SECTION 64. In Colorado Revised Statutes, amend 35-44-1082
as follows:3
35-44-108. Who may take up estrays. It is unlawful for any A4
person other than an authorized inspector of the state board of stock5
inspection commissioners to take into custody or retain possession of any6
AN estray, except as provided in section 35-44-107. Any A person who7
takes into custody and retains possession of any AN estray without8
notifying the state board of stock inspection commissioners within the9
time as provided in this article ARTICLE 44 is guilty of a class 6 felony10
CLASS 2 MISDEMEANOR and, upon conviction thereof, shall be punished11
as provided in section 18-1.3-401, C.R.S. SECTION 18-1.3-501.12
SECTION 65. In Colorado Revised Statutes, 39-21-118, amend13
(1) as follows:14
39-21-118. Criminal penalties - repeal. (1) Any A person who15
willfully attempts in any manner to evade or defeat any A tax16
administered by the department or the payment thereof, in addition to17
other penalties provided by law, is guilty of a class 5 felony CLASS 618
FELONY and, upon conviction thereof, shall be punished as provided in19
section 18-1.3-401 C.R.S., or shall be punished by a fine of not more than20
one hundred thousand dollars, or five hundred thousand dollars in the21
case of a corporation, or by both such fine and imprisonment, together22
with the costs of prosecution.23
SECTION 66. In Colorado Revised Statutes, 39-26-120, amend24
(2) as follows:25
39-26-120. False or fraudulent return, statement - penalty.26
(2) Any A person willfully violating any of the provisions of this section27
HB23-1293
-26- is guilty of a CLASS 5 felony Any AND SHALL BE PUNISHED AS PROVIDED1
IN SECTION 18-1.3-401. A corporation willfully making a false return or2
a return willfully containing a false statement is guilty of a
CLASS 5 felony3
Any
AND SHALL BE PUNISHED AS PROVIDED IN SECTION 18-1.3-401. A4
court of competent jurisdiction of the county in which the offender5
resides, or, if a corporation, then the county of its principal place of6
business, shall have HAS jurisdiction to enforce this section.7
SECTION 67. In Colorado Revised Statutes, 44-20-123, amend8
(1)(b) as follows:9
44-20-123. Sales activity following license denial, suspension,10
or revocation - unlawful act - penalty. (1) (b) A violation of subsection11
(1)(a) of this section shall be IS punishable in accordance with section12
44-20-128. except that a second or subsequent violation of subsection13
(1)(a) of this section shall be a class 6 felony.14
SECTION 68. In Colorado Revised Statutes, 44-20-422, amend15
(1)(b) as follows:16
44-20-422. Sales activity following license denial, suspension,17
or revocation - unlawful act - penalty. (1) (b) A violation of subsection18
(1)(a) of this section shall be IS punishable in accordance with section19
44-20-429. except that a second or subsequent violation of subsection20
(1)(a) of this section shall be a class 6 felony.21
SECTION 69. In Colorado Revised Statutes, 44-30-821, amend22
(3) as follows:23
44-30-821. Cheating - definition. (3) Any person issued a24
license pursuant to this article 30 violating any provision of this section25
commits a class 6 felony and shall be punished as provided in section26
18-1.3-401, and any other person violating any provision of this section27
HB23-1293
-27- commits a class 2 misdemeanor and shall be punished as provided in1
section 18-1.3-501. If the person is a repeating gambling offender, the2
person commits a class 5 felony and shall be punished as provided in3
section 18-1.3-401.4
SECTION 70. In Colorado Revised Statutes, 44-30-824, amend5
(8) as follows:6
44-30-824. Use of counterfeit or unapproved chips or tokens7
or unlawful coins or devices - possession of certain unlawful devices,8
equipment, products, or materials. (8) Any A person violating any9
provision of this section commits a class 6 felony and shall be punished10
as provided in section 18-1.3-401. except that, if the person is a repeating11
gambling offender, the person commits a class 5 felony and shall be12
punished as provided in section 18-1.3-401.13
SECTION 71. In Colorado Revised Statutes, 44-30-825, amend14
(2) as follows:15
44-30-825. Cheating game and devices. (2) Any A person16
violating any provision of this section commits a class 6 felony and shall17
be punished as provided in section 18-1.3-401. except that, if the person18
is a repeating gambling offender, the person commits a class 5 felony and19
shall be punished as provided in section 18-1.3-401.20
SECTION 72. In Colorado Revised Statutes, repeal 44-30-82721
as follows:22
44-30-827. Unlawful entry by excluded and ejected persons.23
(1) It is unlawful for any person whose name is on the list promulgated24
by the commission pursuant to section 44-30-1703 (3) or (4) to enter the25
licensed premises of a limited gaming licensee.26
(2) It is unlawful for any person whose name is on the list27
HB23-1293
-28- promulgated by the commission pursuant to section 44-30-1703 (3) or (4)1
to have any personal pecuniary interest, direct or indirect, in any limited2
gaming licensee, licensed premises, establishment, or business involved3
in or with limited gaming or in the shares in any corporation, association,4
or firm licensed pursuant to this article 30.5
(3) Any person violating the provisions of this section commits a6
class 5 felony and shall be punished as provided in section 18-1.3-401.7
SECTION 73. In Colorado Revised Statutes, 44-30-1512, amend8
(3) as follows:9
44-30-1512. Penalties. (3) A person purporting to issue, suspend,10
revoke, or renew licenses pursuant to this part 15 or to procure or11
influence the issuance, suspension, revocation, or renewal of a license for12
any personal pecuniary gain or any thing of value, as defined in section13
18-1-901 (3)(r), or a person violating section 44-30-1502 commits a class14
3 felony CLASS 4 FELONY and shall be punished as provided in section15
18-1.3-401.16
SECTION 74. In Colorado Revised Statutes, 44-40-117, amend17
(3) as follows:18
44-40-117. Penalties. (3) Any A person issuing, suspending,19
revoking, or renewing contracts pursuant to section 44-40-106 or licenses20
pursuant to section 44-40-107 for any personal pecuniary gain or any A21
thing of value as defined in section 18-1-901 (3)(r), or any A person22
violating any of the provisions of section 44-40-110, commits a class 323
felony CLASS 4 FELONY and shall be punished as provided in section24
18-1.3-401.25
SECTION 75. Effective date - applicability. This act takes26
effect October 1, 2023, and applies to offenses committed on or after said27
HB23-1293
-29- date.1
SECTION 76. Safety clause. The general assembly hereby finds,2
determines, and declares that this act is necessary for the immediate3
preservation of the public peace, health, or safety.4
HB23-1293
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