First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 23-1012.01 Michael Dohr x4347
HOUSE BILL 23-1293
House Committees Senate Committees
Judiciary Judiciary
Finance Appropriations
Appropriations
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, AND, IN CONNECTION103
THEREWITH, MAKING AN APPROPRIATION .104
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.
SENATE
2nd Reading Unamended
May 3, 2023
HOUSE
3rd Reading Unamended
April 29, 2023
HOUSE
Amended 2nd Reading
April 26, 2023
HOUSE SPONSORSHIP
Weissman and Soper, Armagost, Jodeh, Marshall, Weinberg
SENATE SPONSORSHIP
Gonzales and Gardner,
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
1293-2- offense if committed in this state; and1
SECTION 3. In Colorado Revised Statutes, 16-8-115, amend2
(3)(c) as follows:3
16-8-115. Release from commitment after verdict of not guilty4
by reason of insanity or not guilty by reason of impaired mental5
condition. (3) (c) A defendant who has been conditionally released6
remains under the supervision of the department of human services until7
the committing court enters a final order of unconditional release. When8
a defendant fails to comply with any conditions of his release requiring9
him to establish, maintain, and reside at a specific residence and his10
whereabouts have therefore become unknown to the authorities charged11
with his supervision or when the defendant leaves the state of Colorado12
without the consent of the committing court, the defendant's absence from13
supervision shall constitute escape UNAUTHORIZED ABSENCE, as defined14
in section 18-8-208, C.R.S. 18-8-208.2. Such offense occurs in the county15
in which the defendant is authorized to reside.16
SECTION 4. In Colorado Revised Statutes, 18-1.3-201, amend17
(2.5)(b) introductory portion and (2.5)(b)(IX) as follows:18
18-1.3-201. Application for probation. (2.5) (b) Except as19
described in paragraph (a) of subsection (4) SUBSECTION (4)(a) of this20
section, a person who has been twice or more convicted of a felony upon21
charges separately brought and tried and arising out of separate and22
distinct criminal episodes under the laws of this state, any other state, or23
the United States prior to the conviction on which his or her THE PERSON'S24
application is based shall not be IS NOT eligible for probation if the25
current conviction or a prior conviction is for:26
(IX) Aggravated robbery, as described in section 18-4-302 or27
1293
-3- AGGRAVATED ROBBERY OF CONTROLLED SUBSTANCES , AS DESCRIBED IN1
SECTION 18-4-303 AS IT EXISTED PRIOR TO OCTOBER 1, 2023;2
SECTION 5. In Colorado Revised Statutes, 18-3-203, amend3
(1)(f.5)(I), (2)(c)(I), and (2)(c)(II) as follows:4
18-3-203. Assault in the second degree. (1) A person commits5
the crime of assault in the second degree if:6
(f.5) (I) While lawfully confined in a detention facility within this7
state, a person AN ACTOR with intent to infect, injure, OR harm harass,8
annoy, threaten, or alarm a person in a detention facility whom the actor9
knows or reasonably should know to be an employee of a detention10
facility, causes such employee to come into contact with blood, seminal11
fluid, urine, feces, saliva, mucus, vomit, or any toxic, caustic, or12
hazardous material by any means, including, but not limited to, throwing,13
tossing, or expelling such fluid or material.14
(2) (c) (I) If a defendant is convicted of assault in the second15
degree pursuant to paragraph (c.5) of subsection (1) of this section or16
paragraph (b.5) of this subsection (2) SUBSECTION (2)(b.5) OF THIS17
SECTION, except with respect to sexual assault or sexual assault in the first18
degree as it existed prior to July 1, 2000, the court shall sentence the19
defendant in accordance with the provisions of section 18-1.3-406. A20
defendant convicted of assault in the second degree pursuant to paragraph21
(b.5) of this subsection (2) with respect to sexual assault or sexual assault22
in the first degree as it existed prior to July 1, 2000, shall be sentenced in23
accordance with section 18-1.3-401 (8)(e) or (8)(e.5).24
(II) If a defendant is convicted of assault in the second degree25
pursuant to paragraph (b), (c), (d), or (g) of subsection (1) SUBSECTION26
(1)(b), (1)(c.5), (1)(d),
OR (1)(g) of this section, the court shall sentence27
1293
-4- the offender DEFENDANT in accordance with section 18-1.3-406; except1
that, notwithstanding the provisions of section 18-1.3-406, the court is not2
required to sentence the defendant to the department of corrections for a3
mandatory term of incarceration.4
SECTION 6. In Colorado Revised Statutes, 18-3-302, amend (1)5
and (3) as follows:6
18-3-302. Second degree kidnapping. (1) Any A person who7
knowingly seizes and carries any A person from one place to another,8
without his THE PERSON'S consent and without lawful justification, AND9
SUCH MOVEMENT INCREASES THE RISK OF HARM TO THE PERSON , commits10
second degree kidnapping.11
(3) Second degree kidnapping is a class 2 felony if any of the12
following circumstances exist:13
(a) The person kidnapped is a victim of a sexual offense pursuant14
to part 4 of this article; or ARTICLE 3;15
(b) The person kidnapped is a victim of a robbery;
OR16
(c) T
HE KIDNAPPING WAS A VIOLATION OF SUBSECTION (2) OF THIS17
SECTION.18
SECTION
7. In Colorado Revised Statutes, 18-4-102, amend (2)19
as follows:20
18-4-102. First degree arson. (2) First degree arson is a class 321
felony
IF THE ARSON IS OF AN OCCUPIED STRUCTURE, AND IT IS A CLASS 422
FELONY IF THE ARSON IS OF A BUILDING.23
SECTION
8. In Colorado Revised Statutes, 18-4-104, amend (2)24
as follows:25
18-4-104. Third degree arson. (2) Third degree arson is a class26
4 felony CLASS 5 FELONY.27
1293
-5- SECTION 9. In Colorado Revised Statutes, 18-4-202, repeal (3)1
as follows:2
18-4-202. First degree burglary. (3) If under the circumstances3
stated in subsection (1) of this section the property involved is a4
controlled substance, as defined in section 18-18-102 (5), within a5
pharmacy or other place having lawful possession thereof, such person6
commits first degree burglary of controlled substances, which is a class7
2 felony.8
SECTION 10. In Colorado Revised Statutes, 18-4-203, amend9
(2)(a); and add (2)(d) as follows:10
18-4-203. Second degree burglary. (2) (a) Except as provided11
in subsection (2)(b) or (2)(c) of this section, Second degree burglary is a12
class 4 felony
IF THE BURGLARY IS OF AN OCCUPIED STRUCTURE OR OF A13
BUILDING BEING USED FOR THE OPERATION OF A COMMERCIAL BUSINESS .14
(d) S
ECOND DEGREE BURGLARY IS A CLASS 5 FELONY IF THE15
BURGLARY IS OF ANY OTHER BUILDING NOT DESCRIBED IN SUBSECTION16
(2)(a), (2)(b)
OR (2)(c) OF THIS SECTION.17
SECTION
11. In Colorado Revised Statutes, repeal 18-4-303 as18
follows:19
18-4-303. Aggravated robbery of controlled substances. (1) A20
person who takes any controlled substance, as defined in section21
18-18-102 (5), from any pharmacy or other place having lawful22
possession thereof or from any pharmacist or other person having lawful23
possession thereof under the aggravating circumstances defined in section24
18-4-302 is guilty of aggravated robbery of controlled substances.25
(2) Aggravated robbery of controlled substances is a class 226
felony.27
1293
-6- SECTION 12. In Colorado Revised Statutes, 18-4-408, amend1
(3)(a) as follows:2
18-4-408. Theft of trade secrets - penalty. (3) (a) Theft of a3
trade secret is a class 2 misdemeanor. A second or subsequent offense4
under this section committed within five years after the date of a prior5
conviction is a class 5 felony.6
SECTION 13. In Colorado Revised Statutes, 18-4-412, amend7
(3) as follows:8
18-4-412. Theft of medical records or medical information -9
penalty - definitions. (3) Theft of a medical record or medical10
information is a class 6 felony CLASS 1 MISDEMEANOR; EXCEPT THAT IF11
THE PERSON STEALS OR DISCLOSES THE MEDICAL RECORD OR INFORMATION12
TO AN UNAUTHORIZED PERSON , IT IS A CLASS 5 FELONY.13
SECTION 14. In Colorado Revised Statutes, 18-4-503, amend14
(2)(a) as follows:15
18-4-503. Second degree criminal trespass. (2) (a) Second16
degree criminal trespass in violation of subsection (1)(a) or (1)(b) of this17
section is a petty offense, but it is a class 4 felony CLASS 5 FELONY if the18
person trespasses on premises so classified as agricultural land with the19
intent to commit a felony thereon.20
SECTION 15. In Colorado Revised Statutes, 18-4-504, amend21
(2)(b) as follows:22
18-4-504. Third degree criminal trespass. (2) Third degree23
criminal trespass is a petty offense, but:24
(b) It is a class 5 felony if the person trespasses on premises so25
classified as agricultural land with the intent to commit a felony thereon;26
EXCEPT THAT IT IS A CLASS 6 FELONY IF THE AGRICULTURAL LAND DID NOT27
1293
-7- HAVE A FENCE SECURING THE PERIMETER .1
SECTION 16. In Colorado Revised Statutes, 18-5-102, amend2
(1) introductory portion and (1)(c) as follows:3
18-5-102. Forgery. (1) A person commits forgery, if, with intent4
to defraud, such THE person falsely makes, completes, alters, or utters a5
written instrument which THAT is or purports to be, or which THAT is6
calculated to become or to represent if completed:7
(c) A deed, will, codicil, contract, assignment, commercial8
instrument, promissory note, check, or other instrument which THAT does9
or may evidence, create, transfer, terminate, or otherwise affect a legal10
right, interest, obligation, or status; or11
SECTION 17. In Colorado Revised Statutes, 18-5-109, amend12
(2) as follows:13
18-5-109. Criminal possession of forgery devices. (2) Criminal14
possession of forgery devices:15
(a) C
OMMITTED IN VIOLATION OF SUBSECTION (1)(a), (1)(b), OR16
(1)(d)
OF THIS SECTION IS A CLASS 5 FELONY;17
(b) C
OMMITTED IN VIOLATION OF SUBSECTION (1)(c) OF THIS18
SECTION is a class 6 felony.19
SECTION
18. In Colorado Revised Statutes, 18-5-113, amend20
(2)(a); and add (2)(a.5) as follows:21
18-5-113. Criminal impersonation. (2) (a) Criminal22
impersonation in violation of subsection (1)(a) SUBSECTION (1)(a)(III) or23
(1)(b)(I) of this section is a class 6 felony.24
(a.5) C
RIMINAL IMPERSONATION IN VIOLATION OF SUBSECTION25
(1)(a)(I) or (1)(a)(II)
OF THIS SECTION IS A CLASS 5 FELONY.26
SECTION
19. In Colorado Revised Statutes, 18-5-211, amend27
1293
-8- (4) as follows:1
18-5-211. Insurance fraud - definitions. (4) (a) Insurance fraud2
committed in violation of subsection (1)(a) of this section is a class 23
misdemeanor.4
(b) Insurance fraud committed in violation of subsections (1)(b)5
to (1)(e)
OR SUBSECTION (3) OF THIS SECTION IS A CLASS 6 FELONY.6
(c) I
NSURANCE FRAUD COMMITTED IN VIOLATION OF subsection (2)7
or (3)
of this section is a class 5 felony.8
SECTION 20. In Colorado Revised Statutes, amend 18-5-506 as9
follows:10
18-5-506. Fraudulent receipt - penalty. A warehouse, as defined11
in section 4-7-102 (a)(13), C.R.S., or any officer, agent, or servant of a12
warehouse, that issues or aids in issuing a receipt knowing that the goods13
for which the receipt is issued have not been actually received by the14
warehouse, or are not under the warehouse's actual control at the time of15
issuing the receipt, commits a class 6 felony CLASS 2 MISDEMEANOR.16
SECTION 21. In Colorado Revised Statutes, 18-5-706, amend17
(2) as follows:18
18-5-706. Criminal possession of forgery devices.19
(2) Possession of a forgery device is a class 6 felony CLASS 5 FELONY.20
SECTION 22. In Colorado Revised Statutes, 18-5-902, amend21
(2)(b); and repeal (3) as follows:22
18-5-902. Identity theft. (2) (b) Identity theft in violation of23
subsection (1)(b), (1)(d), or (1)(e) of this section is a class 224
misdemeanor; except that it is a class 6 felony CLASS 5 FELONY if the25
person possesses three or more financial devices or the personal or26
financial identifying information of three or more persons.27
1293
-9- (3) The court shall be required to sentence the defendant to the1
department of corrections for a term of at least the minimum of the2
presumptive range and may sentence the defendant to a maximum of3
twice the presumptive range if:4
(a) The defendant is convicted of identity theft or of attempt,5
conspiracy, or solicitation to commit identity theft; and6
(b) The defendant has a prior conviction for a violation of this part7
9 or a prior conviction for an offense committed in any other state, the8
United States, or any other territory subject to the jurisdiction of the9
United States that would constitute a violation of this part 9 if committed10
in this state, or for attempt, conspiracy, or solicitation to commit a11
violation of this part 9 or for attempt, conspiracy, or solicitation to12
commit an offense in another jurisdiction that would constitute a violation13
of this part 9 if committed in this state.14
SECTION 23. In Colorado Revised Statutes, 18-5-903, amend15
(2) as follows:16
18-5-903. Criminal possession of a financial device.17
(2) (a) E
XCEPT AS PROVIDED IN SUBSECTION (2)(c) OF THIS SECTION,18
criminal possession of one
OR MORE financial device
DEVICES is a class19
2 misdemeanor.20
(b) Criminal possession of two or more financial devices is a class21
6 felony.22
(c) Criminal possession of four THREE or more financial devices,23
of which at least two are issued to different account holders, is a class 524
felony.25
SECTION 24. In Colorado Revised Statutes, 18-5.5-102, amend26
(3)(b) as follows:27
1293
-10- 18-5.5-102. Cybercrime. (3) (b) Cybercrime committed in1
violation of subsection (1)(a) of this section is a class 2 misdemeanor.2
except that, if the person has previously been convicted under this section3
or of any criminal act committed in any jurisdiction of the United States4
which, if committed in this state, would be a felony under this statute,5
cybercrime committed in violation of subsection (1)(a) of this section is6
a class 6 felony.7
SECTION 25. In Colorado Revised Statutes, amend 18-8-110 as8
follows:9
18-8-110. False report of explosives, weapons, or harmful10
substances. Any person who reports to any other person that a bomb or11
other explosive, any chemical or biological agent, any poison or weapon,12
or any harmful radioactive substance has been placed in any public or13
private place or vehicle designed for the transportation of persons or14
property, knowing that the report is false, commits a class 6 felony CLASS15
5
FELONY.16
SECTION
26. In Colorado Revised Statutes, 18-8-112, amend17
(2) as follows:18
18-8-112. Impersonating a peace officer. (2) Impersonating a19
peace officer is a class 6 felony CLASS 5 FELONY.20
SECTION 27. In Colorado Revised Statutes, 18-8-208.2, amend21
(1) introductory portion as follows:22
18-8-208.2. Unauthorized absence. (1) A person who is serving23
a direct sentence to a community corrections program pursuant to section24
18-1.3-301; transitioning from the department of corrections to a25
community corrections program or placed in an intensive supervision26
program pursuant to section 17-27.5-101; participating in a work release27
1293
-11- or home detention program pursuant to 18-1.3-106 (1.1), intensive1
supervision program, or any other similar authorized supervised or2
unsupervised absence from a detention facility as defined in section3
18-8-203 (3);
TRANSITIONING FROM THE DEPARTMENT OF HUMAN4
SERVICES TO A RESIDENTIAL FACILITY OR PROGRAM PURSUANT TO SECTION5
16-8-115
OR 16-8-118; or is housed in a staff secure facility as defined in6
section 19-2.5-102 commits the crime of unauthorized absence if the7
person knowingly:8
SECTION
28. In Colorado Revised Statutes, 18-8-211, amend9
(2)(b) as follows:10
18-8-211. Riots in detention facilities. (2) Active participation11
in a riot by any person while confined in any detention facility within the12
state:13
(b) Is a
CLASS 4 felony if the participant does not employ any such14
weapon or device in the course of such participation. and, upon
15
conviction thereof, the punishment shall be imprisonment in a detention16
facility for not less than two years nor more than ten years.17
SECTION 29. In Colorado Revised Statutes, 18-8-303, amend18
(1) introductory portion as follows:19
18-8-303. Compensation for past official behavior. (1) A20
person commits a class 6 felony, CLASS 4 FELONY if he THE PERSON:21
SECTION 30. In Colorado Revised Statutes, 18-8-307, amend22
(4) as follows:23
18-8-307. Designation of supplier prohibited. (4) Any public24
servant who violates the provisions of subsection (1) of this section25
commits a class 6 felony CLASS 5 FELONY.26
SECTION 31. In Colorado Revised Statutes, 18-8-402, amend27
1293
-12- (2) as follows:1
18-8-402. Misuse of official information. (2) Misuse of official2
information is a class 6 felony CLASS 5 FELONY.3
SECTION 32. In Colorado Revised Statutes, 18-8-609, amend4
(2) as follows:5
18-8-609. Jury-tampering. (2) Jury-tampering is a class 56
felony; except that jury-tampering in any class 1 felony trial is a class 47
felony.8
SECTION 33. In Colorado Revised Statutes, 18-8-706, amend9
(2) as follows:10
18-8-706. Retaliation against a witness or victim.11
(2) Retaliation against a witness or victim is a class 3 felony CLASS 412
FELONY.13
SECTION 34. In Colorado Revised Statutes, add 18-8-706.3 as14
follows:15
18-8-706.3. Aggravated retaliation against a witness or victim.16
(1) A
PERSON COMMITS THE CRIME OF AGGRAVATED RETALIATION17
AGAINST A WITNESS OR VICTIM IF, DURING THE ACT OF RETALIATION, THE18
PERSON:19
(a) I
S ARMED WITH A DEADLY WEAPON WITH THE INTENT , IF20
RESISTED, TO KILL, MAIM, OR WOUND THE PERSON BEING RETALIATED21
AGAINST OR ANY OTHER PERSON ; OR22
(b) K
NOWINGLY WOUNDS WITH A DEADLY WEAPON THE PERSON23
BEING RETALIATED AGAINST OR ANY OTHER PERSON ; OR24
(c) B
Y THE USE OF FORCE, THREATS, OR INTIMIDATION WITH A25
DEADLY WEAPON, KNOWINGLY PUTS THE PERSON BEING RETALIATED26
AGAINST OR ANY OTHER PERSON IN REASONABLE FEAR OF DEATH OR27
1293
-13- BODILY INJURY.1
(2) A
GGRAVATED RETALIATION AGAINST A WITNESS OR VICTIM IS2
A CLASS 3 FELONY.3
SECTION
35. In Colorado Revised Statutes, 18-9-116.5, repeal4
(2)(b) as follows:5
18-9-116.5. Vehicular eluding. (2) (b) Notwithstanding section6
18-1.3-401, the minimum sentence within the presumptive range for a7
violation of this section shall be increased as follows:8
(I) For a class 5 felony, the minimum fine shall be two thousand9
dollars;10
(II) For a class 4 felony, the minimum fine shall be four thousand11
dollars; and12
(III) For a class 3 felony, the minimum fine shall be six thousand13
dollars.14
SECTION 36. In Colorado Revised Statutes, 18-9-119, amend15
(5) and (7) as follows:16
18-9-119. Failure or refusal to leave premises or property17
upon request of a peace officer - penalties - payment of costs. (5) Any18
person who violates subsection (2) of this section and who, in the same19
criminal episode, knowingly holds another person hostage or who20
confines or detains such other person through the possession, use, or21
threatened use of a deadly weapon, without the other person's consent,22
and without proper legal authority commits a class 4 felony CLASS 323
FELONY.24
(7) Any person who violates subsection (2) of this section and25
who, in the same criminal episode, knowingly holds another person26
hostage or confines or detains such other person by knowingly causing27
1293
-14- such other person to reasonably believe that he THE PERSON possesses a1
deadly weapon commits a class 5 felony CLASS 4 FELONY.2
SECTION 37. In Colorado Revised Statutes, 18-9-202, amend3
(2)(c) as follows:4
18-9-202. Cruelty to animals - aggravated cruelty to animals5
- service animals - short title. (2) (c) Aggravated cruelty to animals is6
a class 6 felony; except that a second or subsequent conviction for the7
offense of aggravated cruelty to animals is a class 5 felony. A plea of nolo8
contendere accepted by the court shall be considered a conviction for9
purposes of this section CLASS 4 FELONY.10
SECTION 38. In Colorado Revised Statutes, 18-9-204, amend11
(2) as follows:12
18-9-204. Animal fighting - penalty. (2) (a) Except as described13
in paragraph (b) of this subsection (2), A person who violates the14
provisions of this section commits a class 5 felony and, in addition to the15
punishment provided in section 18-1.3-401, the court shall impose upon16
the person a mandatory fine of at least one thousand dollars.17
(b) A person who commits a second or subsequent violation of18
this section commits a class 4 felony and, in addition to the punishment19
provided in section 18-1.3-401, the court shall impose upon the person a20
mandatory fine of at least five thousand dollars.21
SECTION 39. In Colorado Revised Statutes, amend 18-9-302 as22
follows:23
18-9-302. Wiretapping and eavesdropping devices prohibited24
- penalty. Any person who manufactures, buys, sells, or knowingly has25
in the person's possession any instrument, device, contrivance, machine,26
or apparatus designed or commonly used for wiretapping or27
1293
-15- eavesdropping, as prohibited in sections 18-9-303 and 18-9-304, with the1
intent to unlawfully use or employ or allow the same to be so used or2
employed, or who knowingly aids, authorizes, agrees with, employs,3
permits, or conspires with any
OTHER person to unlawfully manufacture,4
buy, sell, or have the same in the person's possession is guilty of a petty5
offense. Upon commission of a second or subsequent offense, any person
6
committing the same commits a class 5 felony.7
SECTION 40. In Colorado Revised Statutes, 18-9-303, amend8
(2) as follows:9
18-9-303. Wiretapping prohibited - penalty. (2) Wiretapping10
is a class 6 felony; except that, if the wiretapping involves a cordless11
telephone, it is a class 2 misdemeanor.12
SECTION 41. In Colorado Revised Statutes, 18-9-309, amend13
(4)(a) introductory portion and (4)(b); and repeal (2.5) as follows:14
18-9-309. Telecommunications crime. (2.5) A person commits15
a class 6 felony if, within five years after a previous violation of16
subsection (2) of this section, the person commits a second or subsequent17
violation of subsection (2) of this section; except that a second or18
subsequent violation of subsection (2) of this section involving knowingly19
using cloning equipment to create a cloned cellular phone, as described20
in paragraph (b) of subsection (2) of this section, is a class 4 felony.21
(4) (a) A person commits a class 4 felony CLASS 2 MISDEMEANOR22
if he or she THE PERSON knowingly uses cloning equipment to:23
(b) A person commits a class 4 felony CLASS 2 MISDEMEANOR if24
he or she THE PERSON aids, abets, advises, or encourages one or more25
persons who engage in the activities described in paragraph (a) of this26
subsection (4) SUBSECTION (4)(a) OF THIS SECTION.27
1293
-16- SECTION 42. In Colorado Revised Statutes, 18-10-103, amend1
(2) as follows:2
18-10-103. Gambling - professional gambling - offenses. (2) A3
person who engages in professional gambling commits a class 24
misdemeanor. If the offender is a repeating gambling offender, it is a5
class 5 felony.6
SECTION 43. In Colorado Revised Statutes, 18-10-105, amend7
(2) as follows:8
18-10-105. Possession of a gambling device or record.9
(2) Possession of a gambling device or record or violation of subsection10
(1.5) of this section is a class 2 misdemeanor. If the offender is a11
repeating gambling offender, it is a class 6 felony.12
SECTION 44. In Colorado Revised Statutes, 18-10-106, amend13
(1) as follows:14
18-10-106. Gambling information. (1) Whoever knowingly15
transmits or receives gambling information by telephone, telegraph, radio,16
semaphore, or other means or knowingly installs or maintains equipment17
for the transmission or receipt of gambling information commits a class18
2 misdemeanor. If the offender is a repeating gambling offender, it is a19
class 6 felony.20
SECTION 45. In Colorado Revised Statutes, 18-12-102, amend21
(1), (2), and (3) as follows:22
18-12-102. Possessing a dangerous or illegal weapon -23
affirmative defense - definition. (1) As used in this section, the term24
"dangerous weapon" means a firearm silencer, machine gun, short25
shotgun,
OR short rifle. or ballistic knife.
26
(2) As used in this section, the term "illegal weapon" means a27
1293
-17- blackjack, a gas gun, BALLISTIC KNIFE, or metallic knuckles.1
(3) A person who knowingly possesses a dangerous weapon2
commits a class 5 felony. Each subsequent violation of this subsection (3)3
by the same person shall be a class 4 felony.4
SECTION 46. In Colorado Revised Statutes, 18-12-105.5,5
amend (1) as follows:6
18-12-105.5. Unlawfully carrying a weapon - unlawful7
possession of weapons - school, college, or university grounds.8
(1) (a) A person commits a class 6 felony if such person SHALL NOT9
knowingly and unlawfully and without legal authority carries, brings, or10
has in such CARRY, BRING, OR HAVE IN THE person's possession a deadly11
weapon as defined in section 18-1-901 (3)(e) in or on the real estate and12
all improvements erected thereon of any public or private elementary,13
middle, junior high, high, or vocational school or any public or private14
college, university, or seminary, except for the purpose of presenting an15
authorized public demonstration or exhibition pursuant to instruction in16
conjunction with an organized school or class, for the purpose of carrying17
out the necessary duties and functions of an employee of an educational18
institution that require the use of a deadly weapon, or for the purpose of19
participation in an authorized extracurricular activity or on an athletic20
team.21
(b) (I) A
PERSON WHO VIOLATES SUBSECTION (1)(a) OF THIS22
SECTION COMMITS A CLASS 6 FELONY IF THE WEAPON INVOLVED IS A23
DEADLY WEAPON OTHER THAN A FIREARM , AS DEFINED IN SECTION24
18-1-901.25
(II) A
PERSON WHO VIOLATES SUBSECTION (1)(a) OF THIS SECTION26
COMMITS A CLASS 5 FELONY IF THE WEAPON INVOLVED IS A FIREARM , AS27
1293
-18- DEFINED IN SECTION 18-1-901.1
SECTION 47. In Colorado Revised Statutes, 18-12-108, amend2
(7) introductory portion and (7)(bbb); and repeal (7)(eee) as follows:3
18-12-108. Possession of weapons by previous offenders. (7) In4
addition to a conviction for felony crime as defined in section 24-4.1-3025
(1), a felony conviction or adjudication for one of the following felonies6
prohibits a person from possessing, using, or carrying upon his or her THE7
person a firearm as defined in section 18-1-901 (3)(h) or any other8
weapon that is subject to this article 12 pursuant to subsection (1) or (3)9
of this section:10
(bbb) Dueling in violation of section 18-13-104
IF COMMITTED ON11
OR BEFORE OCTOBER 1, 2023;12
(eee) Smuggling of a human in violation of section 18-13-128;
13
SECTION 48. In Colorado Revised Statutes, 18-12-109, amend14
(2), (2.5), (5), (5.5), (6), and (6.5) as follows:15
18-12-109. Possession, use, or removal of explosives or16
incendiary devices - possession of components thereof - chemical,17
biological, and nuclear weapons - persons exempt - hoaxes.18
(2) (a) Any person who knowingly possesses
OR controls manufactures,
19
gives, mails, sends, or causes to be sent an explosive or incendiary device20
commits a class 4 felony CLASS 5 FELONY.21
(b) A
NY PERSON WHO KNOWINGLY MANUFACTURERS , GIVES,22
MAILS, SENDS, OR CAUSES TO BE SENT AN EXPLOSIVE OR INCENDIARY23
DEVICE COMMITS A CLASS 4 FELONY.24
(2.5) (a) Any person who knowingly possesses
OR controls25
manufacturers, gives, mails, sends, or causes to be sent
a chemical,26
biological, or radiological weapon commits a class 3 felony CLASS 427
1293
-19- FELONY.1
(b) A
NY PERSON WHO KNOWINGLY MANUFACTURERS , GIVES,2
MAILS, SENDS, OR CAUSES TO BE SENT A CHEMICAL , BIOLOGICAL, OR3
NUCLEAR WEAPON COMMITS A CLASS 3 FELONY.4
(5) Any person who removes or causes to be removed or carries5
away any explosive or incendiary device from the premises where said
6
THE explosive or incendiary device is kept by the lawful user, vendor,7
transporter, or manufacturer thereof, without the consent or direction of8
the lawful possessor, commits a class 4 felony. A person convicted of this9
offense shall be subjected to a mandatory minimum sentence of two years10
in the department of corrections.11
(5.5) Any person who removes or causes to be removed or carries12
away any chemical, biological, or radiological weapon from the premises13
where said THE chemical, biological, or radiological weapon is kept by14
the lawful user, vendor, transporter, or manufacturer thereof, without the15
consent or direction of the lawful possessor, commits a class 3 felony. A16
person convicted of this offense shall be subject to a mandatory minimum17
sentence of four years in the department of corrections.18
(6) Any person who possesses any explosive or incendiary parts19
commits a class 4 felony CLASS 5 FELONY.20
(6.5) Any person who possesses any chemical weapon, biological21
weapon, or radiological NUCLEAR weapon parts commits a class 3 felony22
CLASS 4 FELONY.23
SECTION 49. In Colorado Revised Statutes, 18-13-104, amend24
(2) as follows:25
18-13-104. Fighting by agreement - dueling. (2) Persons who26
by agreement engage in a fight with deadly weapons, whether in a public27
1293
-20- or private place, commit dueling. which DUELING is a class 4 felony1
CLASS 1 MISDEMEANOR.2
SECTION 50. In Colorado Revised Statutes, 18-13-112, amend3
(3) as follows:4
18-13-112. Hazardous waste violations. (3) (a) Any A person5
who violates any provision of this section BY INTENTIONALLY SPILLING6
HAZARDOUS WASTE commits a class 4 felony.7
(b) A
PERSON WHO VIOLATES THIS SECTION BY ABANDONING A8
VEHICLE CONTAINING HAZARDOUS WASTE COMMITS A CLASS 5 FELONY.9
SECTION
51. In Colorado Revised Statutes, 18-13-114, amend10
(6)(a) as follows:11
18-13-114. Sale of secondhand property - record - inspection12
- crime - definitions. (6) (a) Any secondhand dealer who violates any of13
the provisions of subsection (1) or (2) of this section commits a petty14
offense. Upon a second or subsequent conviction for a violation of15
subsection (1) or (2) of this section within three years of the date of a16
prior conviction, a secondhand dealer commits a class 5 felony.17
SECTION 52. In Colorado Revised Statutes, 18-13-123, amend18
(5) as follows:19
18-13-123. Unlawful administration of gamma20
hydroxybutyrate (GHB) or ketamine. (5) Violation of the provisions21
of subsection (3) of this section is a class 3 felony. except that such22
violation is a class 2 felony if the violation is subsequent to a prior23
conviction for a violation of subsection (3) of this section or section24
18-18-405 where the controlled substance was gamma hydroxybutyrate25
(GHB) or ketamine or the immediate chemical precursors or chemical26
analogs for either of such substances.27
1293
-21- SECTION 53. In Colorado Revised Statutes, repeal 18-13-1281
as follows:2
18-13-128. Smuggling of humans. (1) A person commits3
smuggling of humans if, for the purpose of assisting another person to4
enter, remain in, or travel through the United States or the state of5
Colorado in violation of immigration laws, he or she provides or agrees6
to provide transportation to that person in exchange for money or any7
other thing of value.8
(2) Smuggling of humans is a class 3 felony.9
(3) A person commits a separate offense for each person to whom10
he or she provides or agrees to provide transportation in violation of11
subsection (1) of this section.12
(4) Notwithstanding the provisions of section 18-1-202,13
smuggling of humans offenses may be tried in any county in the state14
where a person who is illegally present in the United States who is a15
subject of the action is found.16
SECTION 54. In Colorado Revised Statutes, 18-17-103, amend17
(5)(b) introductory portion and (5)(b)(II) as follows:18
18-17-103. Definitions. As used in this article 17, unless the19
context otherwise requires:20
(5) "Racketeering activity" means to commit, to attempt to21
commit, to conspire to commit, or to solicit, coerce, or intimidate another22
person to commit:23
(b) Any violation of the following provisions of the Colorado24
statutes or any criminal act committed in any jurisdiction of the United25
States which THAT, if committed in this state, would be a crime under the26
following provisions of the Colorado statutes:27
1293
-22- (II) Offenses against property, as defined in sections 18-4-1021
(first degree arson), 18-4-103 (second degree arson), 18-4-104 (third2
degree arson), 18-4-105 (fourth degree arson), 18-4-202 (first degree3
burglary), 18-4-203 (second degree burglary), 18-4-301 (robbery),4
18-4-302 (aggravated robbery), 18-4-303 (aggravated robbery of5
controlled substances), 18-4-401 (theft), 18-4-409 (aggravated motor6
vehicle theft), and 18-4-501 (criminal mischief);7
SECTION 55. In Colorado Revised Statutes, 18-20-103, repeal8
(1)(d) as follows:9
18-20-103. Violations of taxation provisions - penalties.10
(1) Any person who:11
(d) Violates section 44-30-603 (1)(b) or (1)(c) two or more times12
in any twelve-month period commits a class 5 felony;13
SECTION 56. In Colorado Revised Statutes, 18-20-108, amend14
(2) as follows:15
18-20-108. Use of device for calculating probabilities. (2) Any16
person issued a license pursuant to article 30 of title 44 violating any17
provision of this section commits a class 6 felony and any other person18
violating any provision of this section commits a class 2 misdemeanor. If19
the person is a repeating gambling offender, the person commits a class20
5 felony.21
SECTION 57. In Colorado Revised Statutes, 18-20-109, amend22
(8) as follows:23
18-20-109. Use of counterfeit or unapproved chips or tokens24
or unlawful coins or devices - possession of certain unlawful devices,25
equipment, products, or materials. (8) Any A person violating any26
provision of this section commits a class 6 felony. except that, if the27
1293
-23- person is a repeating gambling offender, the person commits a class 51
felony.2
SECTION 58. In Colorado Revised Statutes, 18-20-111, amend3
(4) as follows:4
18-20-111. Unlawful manufacture, sale, distribution, marking,5
altering, or modification of equipment and devices related to limited6
gaming - unlawful instruction. (4) Any person issued a license pursuant7
to article 30 of title 44 violating any provision of this section commits a8
class 6 felony, and any other person violating any provision of this section9
commits a class 2 misdemeanor. If the person is a repeating gambling10
offender, the person commits a class 5 felony.11
SECTION 59. In Colorado Revised Statutes, amend 18-20-11212
as follows:13
18-20-112. Unlawful entry by excluded and ejected persons.14
(1) (a) It is unlawful for any person whose name is on the list15
promulgated by the Colorado limited gaming control commission16
pursuant to section 44-30-1703 (3) or (4) to enter the licensed premises17
of a limited gaming licensee.18
(b) A
PERSON WHO VIOLATES SUBSECTION (1)(a) OF THIS SECTION19
COMMITS A CLASS 6 FELONY.20
(2) (a) It is unlawful for any person whose name is on the list21
promulgated by the Colorado limited gaming control commission22
pursuant to section 44-30-1703 (3) or (4) to have any personal pecuniary23
interest, direct or indirect, in any limited gaming licensee, licensed24
premises, establishment, or business involved in or with limited gaming25
or in the shares in any corporation, association, or firm licensed pursuant26
to article 30 of title 44.27
1293
-24- (b) A PERSON WHO VIOLATES SUBSECTION (2)(a) OF THIS SECTION1
COMMITS A CLASS 5 FELONY.2
(3) Any person violating the provisions of this section commits a3
class 5 felony.4
SECTION 60. In Colorado Revised Statutes, 19-5-213.5, amend5
(4) as follows:6
19-5-213.5. Unauthorized advertising for adoption purposes7
- exceptions - penalty - definitions. (4) Unauthorized advertising of a8
child, as described in subsection (2) of this section, is a class 6 felony9
CLASS 2 MISDEMEANOR.10
SECTION 61. In Colorado Revised Statutes, 24-4.1-302, amend11
(1)(v) as follows:12
24-4.1-302. Definitions. As used in this part 3, and for no other13
purpose, including the expansion of the rights of any defendant:14
(1) "Crime" means any of the following offenses, acts, and15
violations as defined by the statutes of the state of Colorado, whether16
committed by an adult or a juvenile:17
(v) Aggravated robbery of controlled substances, in violation of18
section 18-4-303, C.R.S. AS IT EXISTED PRIOR TO OCTOBER 1, 2023;19
SECTION 62. In Colorado Revised Statutes, amend 24-22-11020
as follows:21
24-22-110. Personal profit on state money unlawful - penalty.22
Any A person holding the office of state treasurer or any A person23
employed in the department of the treasury who, directly or indirectly,24
accepts or receives from any
OTHER person, for himself or herself or25
otherwise than on behalf of the state, any fee, reward, or compensation,26
either in money or other property or thing of value, in consideration of the27
1293
-25- deposit or investment of state moneys MONEY with any such OTHER1
person or in consideration of any agreement or arrangement touching2
upon the use of state moneys MONEY commits a class 6 felony CLASS 53
FELONY and shall be punished as provided in section 18-1.3-401. C.R.S.4
SECTION 63. In Colorado Revised Statutes, 24-30-1406, amend5
(1) as follows:6
24-30-1406. Criminal liability. (1) Any person, other than a7
bona fide employee working solely for a person providing professional8
services, who offers, agrees, or contracts to solicit or secure for any other9
person contracts for professional services with a state agency or state10
institution of higher education and who, in so doing, receives any fee,11
commission, gift, or other consideration contingent upon or resulting12
from the making of the contract commits a class 3 felony CLASS 4 FELONY13
and shall be punished as provided in section 18-1.3-401. C.R.S.14
SECTION 64. In Colorado Revised Statutes, amend 31-31-120315
as follows:16
31-31-1203. False statement - felony. If, for the purpose of17
obtaining any order, benefit, award, compensation, or payment under the18
provisions of PURSUANT TO articles 30, 30.5, and 31 of this title TITLE 31,19
either for self-gain or for the benefit of any other person, anyone A20
PERSON willfully makes a false statement or representation material to the21
claim, such THE person commits a class 5 felony CLASS 6 FELONY and,22
UPON CONVICTION THEREOF , shall be punished as provided in section23
18-1.3-401, C.R.S., and shall forfeit THE PERSON FORFEITS all right to24
compensation under said articles upon conviction of such offense25
PURSUANT TO ARTICLES 30 AND 30.5 OF THIS TITLE 31 AND THIS ARTICLE26
31.27
1293
-26- SECTION 65. In Colorado Revised Statutes, amend 35-44-1081
as follows:2
35-44-108. Who may take up estrays. It is unlawful for any A3
person other than an authorized inspector of the state board of stock4
inspection commissioners to take into custody or retain possession of any5
AN estray, except as provided in section 35-44-107. Any A person who6
takes into custody and retains possession of any AN estray without7
notifying the state board of stock inspection commissioners within the8
time as provided in this article ARTICLE 44 is guilty of a class 6 felony9
CLASS 2 MISDEMEANOR and, upon conviction thereof, shall be punished10
as provided in section 18-1.3-401, C.R.S. SECTION 18-1.3-501.11
SECTION 66. In Colorado Revised Statutes, 39-21-118, amend12
(1) as follows:13
39-21-118. Criminal penalties - repeal. (1) Any A person who14
willfully attempts in any manner to evade or defeat any A tax15
administered by the department or the payment thereof, in addition to16
other penalties provided by law, is guilty of a class 5 felony CLASS 617
FELONY and, upon conviction thereof, shall be punished as provided in18
section 18-1.3-401 C.R.S., or shall be punished by a fine of not more than19
one hundred thousand dollars, or five hundred thousand dollars in the20
case of a corporation, or by both such fine and imprisonment, together21
with the costs of prosecution.22
SECTION 67. In Colorado Revised Statutes, 39-26-120, amend23
(2) as follows:24
39-26-120. False or fraudulent return, statement - penalty.25
(2) Any A person willfully violating any of the provisions of this section26
is guilty of a
CLASS 5 felony Any
AND SHALL BE PUNISHED AS PROVIDED27
1293
-27- IN SECTION 18-1.3-401. A corporation willfully making a false return or1
a return willfully containing a false statement is guilty of a
CLASS 5 felony2
Any
AND SHALL BE PUNISHED AS PROVIDED IN SECTION 18-1.3-401. A3
court of competent jurisdiction of the county in which the offender4
resides, or, if a corporation, then the county of its principal place of5
business, shall have HAS jurisdiction to enforce this section.6
SECTION 68. In Colorado Revised Statutes, 44-20-123, amend7
(1)(b) as follows:8
44-20-123. Sales activity following license denial, suspension,9
or revocation - unlawful act - penalty. (1) (b) A violation of subsection10
(1)(a) of this section shall be IS punishable in accordance with section11
44-20-128. except that a second or subsequent violation of subsection12
(1)(a) of this section shall be a class 6 felony.13
SECTION 69. In Colorado Revised Statutes, 44-20-422, amend14
(1)(b) as follows:15
44-20-422. Sales activity following license denial, suspension,16
or revocation - unlawful act - penalty. (1) (b) A violation of subsection17
(1)(a) of this section shall be IS punishable in accordance with section18
44-20-429. except that a second or subsequent violation of subsection19
(1)(a) of this section shall be a class 6 felony.20
SECTION 70. In Colorado Revised Statutes, 44-30-821, amend21
(3) as follows:22
44-30-821. Cheating - definition. (3) Any person issued a23
license pursuant to this article 30 violating any provision of this section24
commits a class 6 felony and shall be punished as provided in section25
18-1.3-401, and any other person violating any provision of this section26
commits a class 2 misdemeanor and shall be punished as provided in27
1293
-28- section 18-1.3-501. If the person is a repeating gambling offender, the1
person commits a class 5 felony and shall be punished as provided in2
section 18-1.3-401.3
SECTION 71. In Colorado Revised Statutes, 44-30-824, amend4
(8) as follows:5
44-30-824. Use of counterfeit or unapproved chips or tokens6
or unlawful coins or devices - possession of certain unlawful devices,7
equipment, products, or materials. (8) Any A person violating any8
provision of this section commits a class 6 felony and shall be punished9
as provided in section 18-1.3-401. except that, if the person is a repeating10
gambling offender, the person commits a class 5 felony and shall be11
punished as provided in section 18-1.3-401.12
SECTION 72. In Colorado Revised Statutes, 44-30-825, amend13
(2) as follows:14
44-30-825. Cheating game and devices. (2) Any A person15
violating any provision of this section commits a class 6 felony and shall16
be punished as provided in section 18-1.3-401. except that, if the person17
is a repeating gambling offender, the person commits a class 5 felony and18
shall be punished as provided in section 18-1.3-401.19
SECTION 73. In Colorado Revised Statutes, repeal 44-30-82720
as follows:21
44-30-827. Unlawful entry by excluded and ejected persons.22
(1) It is unlawful for any person whose name is on the list promulgated23
by the commission pursuant to section 44-30-1703 (3) or (4) to enter the24
licensed premises of a limited gaming licensee.25
(2) It is unlawful for any person whose name is on the list26
promulgated by the commission pursuant to section 44-30-1703 (3) or (4)27
1293
-29- to have any personal pecuniary interest, direct or indirect, in any limited1
gaming licensee, licensed premises, establishment, or business involved2
in or with limited gaming or in the shares in any corporation, association,3
or firm licensed pursuant to this article 30.4
(3) Any person violating the provisions of this section commits a5
class 5 felony and shall be punished as provided in section 18-1.3-401.6
SECTION 74. In Colorado Revised Statutes, 44-30-1512, amend7
(3) as follows:8
44-30-1512. Penalties. (3) A person purporting to issue, suspend,9
revoke, or renew licenses pursuant to this part 15 or to procure or10
influence the issuance, suspension, revocation, or renewal of a license for11
any personal pecuniary gain or any thing of value, as defined in section12
18-1-901 (3)(r), or a person violating section 44-30-1502 commits a class13
3 felony CLASS 4 FELONY and shall be punished as provided in section14
18-1.3-401.15
SECTION 75. In Colorado Revised Statutes, 44-40-117, amend16
(3) as follows:17
44-40-117. Penalties. (3) Any A person issuing, suspending,18
revoking, or renewing contracts pursuant to section 44-40-106 or licenses19
pursuant to section 44-40-107 for any personal pecuniary gain or any A20
thing of value as defined in section 18-1-901 (3)(r), or any A person21
violating any of the provisions of section 44-40-110, commits a class 322
felony CLASS 4 FELONY and shall be punished as provided in section23
18-1.3-401.24
SECTION 76. Appropriation. (1) For the 2023-24 state fiscal25
year, $32,170 is appropriated to the judicial department. This26
appropriation is from the general fund. To implement this act, the27
1293
-30- department may use this appropriation as follows:1
(a) $24,970 for use by probation and related services for probation2
programs, which amount is based on an assumption that the division will3
require an additional 0.4 FTE; and4
(b) $7,200 for use by courts administration for capital outlay.5
SECTION 77. Effective date - applicability. This act takes6
effect October 1, 2023, and applies to offenses committed on or after said7
date.8
SECTION 78. Safety clause. The general assembly hereby finds,9
determines, and declares that this act is necessary for the immediate10
preservation of the public peace, health, or safety.11
1293
-31-