Colorado 2023 Regular Session

Colorado House Bill HB1293 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 23-1012.01 Michael Dohr x4347
1	8		HOUSE BILL 23-1293
2		-	BY REPRESENTATIVE(S) Weissman and Soper, Armagost, Jodeh,
3		-	Marshall, Weinberg;
4		-	also SENATOR(S) Gonzales and Gardner, Priola.
	9	+	House Committees Senate Committees
	10	+	Judiciary Judiciary
	11	+	Finance Appropriations
	12	+	Appropriations
	13	+	A BILL FOR AN ACT
5	14		C
6		-	ONCERNING THE ADOPTION OF THE 2023 RECOMMENDATIONS OF THE
7		-	COLORADO COMMISSION ON CRIMINAL AND JUVENILE JUSTICE
8		-	REGARDING FELONY SENTENCING
9		-	, AND, IN CONNECTION THEREWITH,
10		-	MAKING AN APPROPRIATION.
11		-	Be it enacted by the General Assembly of the State of Colorado:
12		-	SECTION 1. In Colorado Revised Statutes, amend 8-43-402 as
13		-	follows:
14		-	8-43-402. False statement - felony. If, for the purpose of obtaining
15		-	any
16		-	AN order, benefit, award, compensation, or payment under PURSUANT
17		-	TO
18		-	the provisions of articles 40 to 47 of this title
19		-	TITLE 8, either for self-gain
20		-	or for the benefit of any other person, anyone willfully makes a false
21		-	statement or representation material to the claim, such person commits a
22		-	class 5 felony
23		-	CLASS 6 FELONY and shall be punished as provided in section
24		-	18-1.3-401, C.R.S., and shall forfeit FORFEITS all right to compensation
25		-	under said articles upon conviction of such THE offense.
26		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
27		-	officers and the Governor. To determine whether the Governor has signed the bill
28		-	or taken other action on it, please consult the legislative status sheet, the legislative
29		-	history, or the Session Laws.
30		-	________
31		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
32		-	through words or numbers indicate deletions from existing law and such material is not part of
33		-	the act. SECTION 2. In Colorado Revised Statutes, 13-10-126, amend
34		-	(2)(a)(I)(A) as follows:
35		-	13-10-126. Prostitution offender program authorized - reports.
36		-	(2) A program created and administered by a municipal or county court or
37		-	multiple municipal or county courts pursuant to subsection (1) of this
38		-	section must:
39		-	(a) Permit enrollment in the program only by an offender who
40		-	either:
41		-	(I) (A) Has no prior convictions or any charges pending for any
	15	+	ONCERNING THE ADOPTION OF THE 2023 RECOMMENDATIONS OF THE101
	16	+	C
	17	+	OLORADO COMMISSION ON CRI MINAL AND JUVENILE JUSTICE102
	18	+	REGARDING FELONY
	19	+	SENTENCING, AND, IN CONNECTION103
	20	+	THEREWITH, MAKING AN APPROPRIATION .104
	21	+	Bill Summary
	22	+	(Note: This summary applies to this bill as introduced and does
	23	+	not reflect any amendments that may be subsequently adopted. If this bill
	24	+	passes third reading in the house of introduction, a bill summary that
	25	+	applies to the reengrossed version of this bill will be available at
	26	+	http://leg.colorado.gov
	27	+	.)
	28	+	The bill reclassifies various criminal offenses that are currently a
	29	+	felony to a different felony or misdemeanor level. The bill changes the
	30	+	elements of some crimes to align with the new sentencing classifications.
	31	+	SENATE
	32	+	3rd Reading Unamended
	33	+	May 4, 2023
	34	+	SENATE
	35	+	2nd Reading Unamended
	36	+	May 3, 2023
	37	+	HOUSE
	38	+	3rd Reading Unamended
	39	+	April 29, 2023
	40	+	HOUSE
	41	+	Amended 2nd Reading
	42	+	April 26, 2023
	43	+	HOUSE SPONSORSHIP
	44	+	Weissman and Soper, Armagost, Jodeh, Marshall, Weinberg
	45	+	SENATE SPONSORSHIP
	46	+	Gonzales and Gardner, Priola
	47	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	48	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	49	+	Dashes through the words or numbers indicate deletions from existing law. Be it enacted by the General Assembly of the State of Colorado:1
	50	+	SECTION 1. In Colorado Revised Statutes, amend 8-43-402 as2
	51	+	follows:3
	52	+	8-43-402. False statement - felony. If, for the purpose of4
	53	+	obtaining any AN order, benefit, award, compensation, or payment under5
	54	+	PURSUANT TO the provisions of articles 40 to 47 of this title TITLE 8, either6
	55	+	for self-gain or for the benefit of any other person, anyone willfully7
	56	+	makes a false statement or representation material to the claim, such8
	57	+	person commits a class 5 felony CLASS 6 FELONY and shall be punished9
	58	+	as provided in section 18-1.3-401, C.R.S., and shall forfeit FORFEITS all10
	59	+	right to compensation under said articles upon conviction of such THE11
	60	+	offense.12
	61	+	SECTION 2. In Colorado Revised Statutes, 13-10-126, amend13
	62	+	(2)(a)(I)(A) as follows:14
	63	+	13-10-126. Prostitution offender program authorized -15
	64	+	reports. (2) A program created and administered by a municipal or16
	65	+	county court or multiple municipal or county courts pursuant to17
	66	+	subsection (1) of this section must:18
	67	+	(a) Permit enrollment in the program only by an offender who19
	68	+	either:20
	69	+	(I) (A) Has no prior convictions or any charges pending for any21
42	70		felony; for any offense described in section 18-3-305
43	71		OR 18-3-306, or
44		-	18-13-128, C.R.S., in part 4 or 5 of article 3 of title 18, C.R.S., in part 3, 4,
45		-	6, 7, or 8 of article 6 of title 18, C.R.S., in section 18-7-203 or 18-7-206,
46		-	C.R.S., or in part 3, 4, or 5 of article 7 of title 18; C.R.S.; or for any offense
47		-	committed in another state that would constitute such an offense if
48		-	committed in this state; and
49		-	SECTION 3. In Colorado Revised Statutes, 16-8-115, amend (3)(c)
50		-	as follows:
51		-	16-8-115. Release from commitment after verdict of not guilty
52		-	by reason of insanity or not guilty by reason of impaired mental
53		-	condition. (3) (c) A defendant who has been conditionally released remains
54		-	under the supervision of the department of human services until the
55		-	committing court enters a final order of unconditional release. When a
56		-	defendant fails to comply with any conditions of his release requiring him
57		-	to establish, maintain, and reside at a specific residence and his whereabouts
58		-	have therefore become unknown to the authorities charged with his
59		-	supervision or when the defendant leaves the state of Colorado without the
60		-	consent of the committing court, the defendant's absence from supervision
61		-	shall constitute escape
62		-	UNAUTHORIZED ABSENCE , as defined in section
63		-	18-8-208, C.R.S. 18-8-208.2. Such offense occurs in the county in which
64		-	the defendant is authorized to reside.
65		-	SECTION 4. In Colorado Revised Statutes, 18-1.3-201, amend
66		-	(2.5)(b) introductory portion and (2.5)(b)(IX) as follows:
67		-	PAGE 2-HOUSE BILL 23-1293 18-1.3-201. Application for probation. (2.5) (b) Except as
68		-	described in paragraph (a) of subsection (4) SUBSECTION (4)(a) of this
69		-	section, a person who has been twice or more convicted of a felony upon
70		-	charges separately brought and tried and arising out of separate and distinct
71		-	criminal episodes under the laws of this state, any other state, or the United
72		-	States prior to the conviction on which his or her
73		-	THE PERSON'S application
74		-	is based shall not be IS NOT eligible for probation if the current conviction
75		-	or a prior conviction is for:
76		-	(IX) Aggravated robbery, as described in section 18-4-302 or
77		-	AGGRAVATED ROBBERY OF CONTROLLED SUBSTANCES , AS DESCRIBED IN
	72	+	22
	73	+	18-13-128, C.R.S., in part 4 or 5 of article 3 of title 18, C.R.S., in part 3,23
	74	+	4, 6, 7, or 8 of article 6 of title 18, C.R.S., in section 18-7-203 or24
	75	+	18-7-206, C.R.S., or in part 3, 4, or 5 of article 7 of title 18; C.R.S.; or for25
	76	+	any offense committed in another state that would constitute such an26
	77	+	1293-2- offense if committed in this state; and1
	78	+	SECTION 3. In Colorado Revised Statutes, 16-8-115, amend2
	79	+	(3)(c) as follows:3
	80	+	16-8-115. Release from commitment after verdict of not guilty4
	81	+	by reason of insanity or not guilty by reason of impaired mental5
	82	+	condition. (3) (c) A defendant who has been conditionally released6
	83	+	remains under the supervision of the department of human services until7
	84	+	the committing court enters a final order of unconditional release. When8
	85	+	a defendant fails to comply with any conditions of his release requiring9
	86	+	him to establish, maintain, and reside at a specific residence and his10
	87	+	whereabouts have therefore become unknown to the authorities charged11
	88	+	with his supervision or when the defendant leaves the state of Colorado12
	89	+	without the consent of the committing court, the defendant's absence from13
	90	+	supervision shall constitute escape UNAUTHORIZED ABSENCE, as defined14
	91	+	in section 18-8-208, C.R.S. 18-8-208.2. Such offense occurs in the county15
	92	+	in which the defendant is authorized to reside.16
	93	+	SECTION 4. In Colorado Revised Statutes, 18-1.3-201, amend17
	94	+	(2.5)(b) introductory portion and (2.5)(b)(IX) as follows:18
	95	+	18-1.3-201. Application for probation. (2.5) (b) Except as19
	96	+	described in paragraph (a) of subsection (4) SUBSECTION (4)(a) of this20
	97	+	section, a person who has been twice or more convicted of a felony upon21
	98	+	charges separately brought and tried and arising out of separate and22
	99	+	distinct criminal episodes under the laws of this state, any other state, or23
	100	+	the United States prior to the conviction on which his or her THE PERSON'S24
	101	+	application is based shall not be IS NOT eligible for probation if the25
	102	+	current conviction or a prior conviction is for:26
	103	+	(IX) Aggravated robbery, as described in section 18-4-302 or27
	104	+	1293
	105	+	-3- AGGRAVATED ROBBERY OF CONTROLLED SUBSTANCES , AS DESCRIBED IN1
	106	+	SECTION 18-4-303 AS IT EXISTED PRIOR TO OCTOBER 1, 2023;2
	107	+	SECTION 5. In Colorado Revised Statutes, 18-3-203, amend3
	108	+	(1)(f.5)(I), (2)(c)(I), and (2)(c)(II) as follows:4
	109	+	18-3-203. Assault in the second degree. (1) A person commits5
	110	+	the crime of assault in the second degree if:6
	111	+	(f.5) (I) While lawfully confined in a detention facility within this7
	112	+	state, a person AN ACTOR with intent to infect, injure, OR harm harass,8
	113	+	annoy, threaten, or alarm a person in a detention facility whom the actor9
	114	+	knows or reasonably should know to be an employee of a detention10
	115	+	facility, causes such employee to come into contact with blood, seminal11
	116	+	fluid, urine, feces, saliva, mucus, vomit, or any toxic, caustic, or12
	117	+	hazardous material by any means, including, but not limited to, throwing,13
	118	+	tossing, or expelling such fluid or material.14
	119	+	(2) (c) (I) If a defendant is convicted of assault in the second15
	120	+	degree pursuant to paragraph (c.5) of subsection (1) of this section or16
	121	+	paragraph (b.5) of this subsection (2) SUBSECTION (2)(b.5) OF THIS17
	122	+	SECTION, except with respect to sexual assault or sexual assault in the first18
	123	+	degree as it existed prior to July 1, 2000, the court shall sentence the19
	124	+	defendant in accordance with the provisions of section 18-1.3-406. A20
	125	+	defendant convicted of assault in the second degree pursuant to paragraph21
	126	+	(b.5) of this subsection (2) with respect to sexual assault or sexual assault22
	127	+	in the first degree as it existed prior to July 1, 2000, shall be sentenced in23
	128	+	accordance with section 18-1.3-401 (8)(e) or (8)(e.5).24
	129	+	(II) If a defendant is convicted of assault in the second degree25
	130	+	pursuant to paragraph (b), (c), (d), or (g) of subsection (1) SUBSECTION26
	131	+	(1)(b), (1)(c.5), (1)(d),
	132	+	OR (1)(g) of this section, the court shall sentence27
	133	+	1293
	134	+	-4- the offender DEFENDANT in accordance with section 18-1.3-406; except1
	135	+	that, notwithstanding the provisions of section 18-1.3-406, the court is not2
	136	+	required to sentence the defendant to the department of corrections for a3
	137	+	mandatory term of incarceration.4
	138	+	SECTION 6. In Colorado Revised Statutes, 18-3-302, amend (1)5
	139	+	and (3) as follows:6
	140	+	18-3-302. Second degree kidnapping. (1) Any A person who7
	141	+	knowingly seizes and carries any A person from one place to another,8
	142	+	without his THE PERSON'S consent and without lawful justification, AND9
	143	+	SUCH MOVEMENT INCREASES THE RISK OF HARM TO THE PERSON , commits10
	144	+	second degree kidnapping.11
	145	+	(3) Second degree kidnapping is a class 2 felony if any of the12
	146	+	following circumstances exist:13
	147	+	(a) The person kidnapped is a victim of a sexual offense pursuant14
	148	+	to part 4 of this article; or ARTICLE 3;15
	149	+	(b) The person kidnapped is a victim of a robbery;
	150	+	OR16
	151	+	(c) T
	152	+	HE KIDNAPPING WAS A VIOLATION OF SUBSECTION (2) OF THIS17
	153	+	SECTION.18
78	154		SECTION
79		-	18-4-303 AS IT EXISTED PRIOR TO OCTOBER 1, 2023;
80		-	SECTION 5. In Colorado Revised Statutes, 18-3-203, amend
81		-	(1)(f.5)(I), (2)(c)(I), and (2)(c)(II) as follows:
82		-	18-3-203. Assault in the second degree. (1) A person commits the
83		-	crime of assault in the second degree if:
84		-	(f.5) (I) While lawfully confined in a detention facility within this
85		-	state, a person
86		-	AN ACTOR with intent to infect, injure, OR harm harass,
87		-	annoy, threaten, or alarm a person in a detention facility whom the actor
88		-	knows or reasonably should know to be an employee of a detention facility,
89		-	causes such employee to come into contact with blood, seminal fluid, urine,
90		-	feces, saliva, mucus, vomit, or any toxic, caustic, or hazardous material by
91		-	any means, including, but not limited to, throwing, tossing, or expelling
92		-	such fluid or material.
93		-	(2) (c) (I) If a defendant is convicted of assault in the second degree
94		-	pursuant to paragraph (c.5) of subsection (1) of this section or paragraph
95		-	(b.5) of this subsection (2) SUBSECTION (2)(b.5) OF THIS SECTION, except
96		-	with respect to sexual assault or sexual assault in the first degree as it
97		-	existed prior to July 1, 2000, the court shall sentence the defendant in
98		-	accordance with the provisions of section 18-1.3-406. A defendant
99		-	convicted of assault in the second degree pursuant to paragraph (b.5) of this
100		-	subsection (2) with respect to sexual assault or sexual assault in the first
101		-	degree as it existed prior to July 1, 2000, shall be sentenced in accordance
102		-	with section 18-1.3-401 (8)(e) or (8)(e.5).
103		-	(II) If a defendant is convicted of assault in the second degree
104		-	PAGE 3-HOUSE BILL 23-1293 pursuant to paragraph (b), (c), (d), or (g) of subsection (1) SUBSECTION
105		-	(1)(b), (1)(c.5), (1)(d), OR (1)(g) of this section, the court shall sentence the
106		-	offender DEFENDANT in accordance with section 18-1.3-406; except that,
107		-	notwithstanding the provisions of section 18-1.3-406, the court is not
108		-	required to sentence the defendant to the department of corrections for a
109		-	mandatory term of incarceration.
110		-	SECTION 6. In Colorado Revised Statutes, 18-3-302, amend (1)
111		-	and (3) as follows:
112		-	18-3-302. Second degree kidnapping. (1) Any
113		-	A person who
114		-	knowingly seizes and carries any A person from one place to another,
115		-	without his THE PERSON'S consent and without lawful justification, AND
116		-	SUCH MOVEMENT INCREASES THE RISK OF HARM TO THE PERSON
117		-	, commits
118		-	second degree kidnapping.
119		-	(3) Second degree kidnapping is a class 2 felony if any of the
120		-	following circumstances exist:
121		-	(a) The person kidnapped is a victim of a sexual offense pursuant to
122		-	part 4 of this article; or
123		-	ARTICLE 3;
124		-	(b) The person kidnapped is a victim of a robbery;
125		-	OR
126		-	(c) THE KIDNAPPING WAS A VIOLATION OF SUBSECTION (2) OF THIS
	155	+	7. In Colorado Revised Statutes, 18-4-102, amend (2)19
	156	+	as follows:20
	157	+	18-4-102. First degree arson. (2) First degree arson is a class 321
	158	+	felony
	159	+	IF THE ARSON IS OF AN OCCUPIED STRUCTURE, AND IT IS A CLASS 422
	160	+	FELONY IF THE ARSON IS OF A BUILDING.23
127	161		SECTION
128		-	.
129		-	SECTION 7. In Colorado Revised Statutes, 18-4-102, amend (2)
130		-	as follows:
131		-	18-4-102. First degree arson. (2) First degree arson is a class 3
132		-	felony
133		-	IF THE ARSON IS OF AN OCCUPIED STRUCTURE , AND IT IS A CLASS 4
134		-	FELONY IF THE ARSON IS OF A BUILDING.
135		-	SECTION 8. In Colorado Revised Statutes, 18-4-104, amend (2)
136		-	as follows:
137		-	18-4-104. Third degree arson. (2) Third degree arson is a class 4
138		-	felony CLASS 5 FELONY.
139		-	PAGE 4-HOUSE BILL 23-1293 SECTION 9. In Colorado Revised Statutes, 18-4-202, repeal (3)
140		-	as follows:
141		-	18-4-202. First degree burglary. (3) If under the circumstances
142		-	stated in subsection (1) of this section the property involved is a controlled
143		-	substance, as defined in section 18-18-102 (5), within a pharmacy or other
144		-	place having lawful possession thereof, such person commits first degree
145		-	burglary of controlled substances, which is a class 2 felony.
146		-	SECTION 10. In Colorado Revised Statutes, 18-4-203, amend
147		-	(2)(a); and add (2)(d) as follows:
148		-	18-4-203. Second degree burglary. (2) (a) Except as provided in
149		-	subsection (2)(b) or (2)(c) of this section, Second degree burglary is a class
150		-	4 felony
151		-	IF THE BURGLARY IS OF AN OCCUPIED STRUCTURE OR OF A BUILDING
152		-	BEING USED FOR THE OPERATION OF A COMMERCIAL BUSINESS
153		-	.
	162	+	8. In Colorado Revised Statutes, 18-4-104, amend (2)24
	163	+	as follows:25
	164	+	18-4-104. Third degree arson. (2) Third degree arson is a class26
	165	+	4 felony CLASS 5 FELONY.27
	166	+	1293
	167	+	-5- SECTION 9. In Colorado Revised Statutes, 18-4-202, repeal (3)1
	168	+	as follows:2
	169	+	18-4-202. First degree burglary. (3) If under the circumstances3
	170	+	stated in subsection (1) of this section the property involved is a4
	171	+	controlled substance, as defined in section 18-18-102 (5), within a5
	172	+	pharmacy or other place having lawful possession thereof, such person6
	173	+	commits first degree burglary of controlled substances, which is a class7
	174	+	2 felony.8
	175	+	SECTION 10. In Colorado Revised Statutes, 18-4-203, amend9
	176	+	(2)(a); and add (2)(d) as follows:10
	177	+	18-4-203. Second degree burglary. (2) (a) Except as provided11
	178	+	in subsection (2)(b) or (2)(c) of this section, Second degree burglary is a12
	179	+	class 4 felony
	180	+	IF THE BURGLARY IS OF AN OCCUPIED STRUCTURE OR OF A13
	181	+	BUILDING BEING USED FOR THE OPERATION OF A COMMERCIAL BUSINESS .14
154	182		(d) S
155		-	ECOND DEGREE BURGLARY IS A CLASS 5 FELONY IF THE
156		-	BURGLARY IS OF ANY OTHER BUILDING NOT DESCRIBED IN SUBSECTION
157		-	(2)(a), (2)(b) OR (2)(c) OF THIS SECTION.
158		-	SECTION 11. In Colorado Revised Statutes, repeal 18-4-303 as
159		-	follows:
160		-	18-4-303. Aggravated robbery of controlled substances. (1) A
161		-	person who takes any controlled substance, as defined in section 18-18-102
162		-	(5), from any pharmacy or other place having lawful possession thereof or
163		-	from any pharmacist or other person having lawful possession thereof under
164		-	the aggravating circumstances defined in section 18-4-302 is guilty of
165		-	aggravated robbery of controlled substances.
166		-	(2) Aggravated robbery of controlled substances is a class 2 felony.
167		-	SECTION 12. In Colorado Revised Statutes, 18-4-408, amend
168		-	(3)(a) as follows:
169		-	18-4-408. Theft of trade secrets - penalty. (3) (a) Theft of a trade
170		-	secret is a class 2 misdemeanor. A second or subsequent offense under this
171		-	section committed within five years after the date of a prior conviction is a
172		-	class 5 felony.
173		-	PAGE 5-HOUSE BILL 23-1293 SECTION 13. In Colorado Revised Statutes, 18-4-412, amend (3)
174		-	as follows:
175		-	18-4-412. Theft of medical records or medical information -
176		-	penalty - definitions. (3) Theft of a medical record or medical information
177		-	is a class 6 felony CLASS 1 MISDEMEANOR; EXCEPT THAT IF THE PERSON
178		-	STEALS OR DISCLOSES THE MEDICAL RECORD OR INFORMATION TO AN
179		-	UNAUTHORIZED PERSON
180		-	, IT IS A CLASS 5 FELONY.
181		-	SECTION 14. In Colorado Revised Statutes, 18-4-503, amend
182		-	(2)(a) as follows:
183		-	18-4-503. Second degree criminal trespass. (2) (a) Second degree
184		-	criminal trespass in violation of subsection (1)(a) or (1)(b) of this section
185		-	is a petty offense, but it is a class 4 felony
186		-	CLASS 5 FELONY if the person
187		-	trespasses on premises so classified as agricultural land with the intent to
188		-	commit a felony thereon.
189		-	SECTION 15. In Colorado Revised Statutes, 18-4-504, amend
190		-	(2)(b) as follows:
191		-	18-4-504. Third degree criminal trespass. (2) Third degree
192		-	criminal trespass is a petty offense, but:
193		-	(b) It is a class 5 felony if the person trespasses on premises so
194		-	classified as agricultural land with the intent to commit a felony thereon;
195		-	EXCEPT THAT IT IS A CLASS 6 FELONY IF THE AGRICULTURAL LAND DID NOT
196		-	HAVE A FENCE SECURING THE PERIMETER
197		-	.
198		-	SECTION 16. In Colorado Revised Statutes, 18-5-102, amend (1)
199		-	introductory portion and (1)(c) as follows:
200		-	18-5-102. Forgery. (1) A person commits forgery, if, with intent
201		-	to defraud, such
202		-	THE person falsely makes, completes, alters, or utters a
203		-	written instrument which THAT is or purports to be, or which THAT is
204		-	calculated to become or to represent if completed:
205		-	(c) A deed, will, codicil, contract, assignment, commercial
206		-	instrument, promissory note, check, or other instrument which THAT does
207		-	or may evidence, create, transfer, terminate, or otherwise affect a legal right,
208		-	PAGE 6-HOUSE BILL 23-1293 interest, obligation, or status; or
209		-	SECTION 17. In Colorado Revised Statutes, 18-5-109, amend (2)
210		-	as follows:
211		-	18-5-109. Criminal possession of forgery devices. (2) Criminal
212		-	possession of forgery devices:
	183	+	ECOND DEGREE BURGLARY IS A CLASS 5 FELONY IF THE15
	184	+	BURGLARY IS OF ANY OTHER BUILDING NOT DESCRIBED IN SUBSECTION16
	185	+	(2)(a), (2)(b)
	186	+	OR (2)(c) OF THIS SECTION.17
	187	+	SECTION
	188	+	11. In Colorado Revised Statutes, repeal 18-4-303 as18
	189	+	follows:19
	190	+	18-4-303. Aggravated robbery of controlled substances. (1) A20
	191	+	person who takes any controlled substance, as defined in section21
	192	+	18-18-102 (5), from any pharmacy or other place having lawful22
	193	+	possession thereof or from any pharmacist or other person having lawful23
	194	+	possession thereof under the aggravating circumstances defined in section24
	195	+	18-4-302 is guilty of aggravated robbery of controlled substances.25
	196	+	(2) Aggravated robbery of controlled substances is a class 226
	197	+	felony.27
	198	+	1293
	199	+	-6- SECTION 12. In Colorado Revised Statutes, 18-4-408, amend1
	200	+	(3)(a) as follows:2
	201	+	18-4-408. Theft of trade secrets - penalty. (3) (a) Theft of a3
	202	+	trade secret is a class 2 misdemeanor. A second or subsequent offense4
	203	+	under this section committed within five years after the date of a prior5
	204	+	conviction is a class 5 felony.6
	205	+	SECTION 13. In Colorado Revised Statutes, 18-4-412, amend7
	206	+	(3) as follows:8
	207	+	18-4-412. Theft of medical records or medical information -9
	208	+	penalty - definitions. (3) Theft of a medical record or medical10
	209	+	information is a class 6 felony CLASS 1 MISDEMEANOR; EXCEPT THAT IF11
	210	+	THE PERSON STEALS OR DISCLOSES THE MEDICAL RECORD OR INFORMATION12
	211	+	TO AN UNAUTHORIZED PERSON , IT IS A CLASS 5 FELONY.13
	212	+	SECTION 14. In Colorado Revised Statutes, 18-4-503, amend14
	213	+	(2)(a) as follows:15
	214	+	18-4-503. Second degree criminal trespass. (2) (a) Second16
	215	+	degree criminal trespass in violation of subsection (1)(a) or (1)(b) of this17
	216	+	section is a petty offense, but it is a class 4 felony CLASS 5 FELONY if the18
	217	+	person trespasses on premises so classified as agricultural land with the19
	218	+	intent to commit a felony thereon.20
	219	+	SECTION 15. In Colorado Revised Statutes, 18-4-504, amend21
	220	+	(2)(b) as follows:22
	221	+	18-4-504. Third degree criminal trespass. (2) Third degree23
	222	+	criminal trespass is a petty offense, but:24
	223	+	(b) It is a class 5 felony if the person trespasses on premises so25
	224	+	classified as agricultural land with the intent to commit a felony thereon;26
	225	+	EXCEPT THAT IT IS A CLASS 6 FELONY IF THE AGRICULTURAL LAND DID NOT27
	226	+	1293
	227	+	-7- HAVE A FENCE SECURING THE PERIMETER .1
	228	+	SECTION 16. In Colorado Revised Statutes, 18-5-102, amend2
	229	+	(1) introductory portion and (1)(c) as follows:3
	230	+	18-5-102. Forgery. (1) A person commits forgery, if, with intent4
	231	+	to defraud, such THE person falsely makes, completes, alters, or utters a5
	232	+	written instrument which THAT is or purports to be, or which THAT is6
	233	+	calculated to become or to represent if completed:7
	234	+	(c) A deed, will, codicil, contract, assignment, commercial8
	235	+	instrument, promissory note, check, or other instrument which THAT does9
	236	+	or may evidence, create, transfer, terminate, or otherwise affect a legal10
	237	+	right, interest, obligation, or status; or11
	238	+	SECTION 17. In Colorado Revised Statutes, 18-5-109, amend12
	239	+	(2) as follows:13
	240	+	18-5-109. Criminal possession of forgery devices. (2) Criminal14
	241	+	possession of forgery devices:15
213	242		(a) C
214		-	OMMITTED IN VIOLATION OF SUBSECTION (1)(a), (1)(b), OR
215		-	(1)(d) OF THIS SECTION IS A CLASS 5 FELONY;
	243	+	OMMITTED IN VIOLATION OF SUBSECTION (1)(a), (1)(b), OR16
	244	+	(1)(d)
	245	+	OF THIS SECTION IS A CLASS 5 FELONY;17
216	246		(b) C
217		-	OMMITTED IN VIOLATION OF SUBSECTION (1)(c) OF THIS
	247	+	OMMITTED IN VIOLATION OF SUBSECTION (1)(c) OF THIS18
	248	+	SECTION is a class 6 felony.19
218	249		SECTION
219		-	is a class 6 felony.
220		-	SECTION 18. In Colorado Revised Statutes, 18-5-113, amend
221		-	(2)(a); and add (2)(a.5) as follows:
222		-	18-5-113. Criminal impersonation. (2) (a) Criminal impersonation
223		-	in violation of subsection (1)(a)
224		-	SUBSECTION (1)(a)(III) or (1)(b)(I) of this
225		-	section is a class 6 felony.
	250	+	18. In Colorado Revised Statutes, 18-5-113, amend20
	251	+	(2)(a); and add (2)(a.5) as follows:21
	252	+	18-5-113. Criminal impersonation. (2) (a) Criminal22
	253	+	impersonation in violation of subsection (1)(a) SUBSECTION (1)(a)(III) or23
	254	+	(1)(b)(I) of this section is a class 6 felony.24
226	255		(a.5) C
227		-	RIMINAL IMPERSONATION IN VIOLATION OF SUBSECTION
228		-	(1)(a)(I) or (1)(a)(II) OF THIS SECTION IS A CLASS 5 FELONY.
229		-	SECTION 19. In Colorado Revised Statutes, 18-5-211, amend (4)
230		-	as follows:
231		-	18-5-211. Insurance fraud - definitions. (4) (a) Insurance fraud
232		-	committed in violation of subsection (1)(a) of this section is a class 2
233		-	misdemeanor.
234		-	(b) Insurance fraud committed in violation of subsections (1)(b) to
235		-	(1)(e)
236		-	OR SUBSECTION (3) OF THIS SECTION IS A CLASS 6 FELONY.
	256	+	RIMINAL IMPERSONATION IN VIOLATION OF SUBSECTION25
	257	+	(1)(a)(I) or (1)(a)(II)
	258	+	OF THIS SECTION IS A CLASS 5 FELONY.26
	259	+	SECTION
	260	+	19. In Colorado Revised Statutes, 18-5-211, amend27
	261	+	1293
	262	+	-8- (4) as follows:1
	263	+	18-5-211. Insurance fraud - definitions. (4) (a) Insurance fraud2
	264	+	committed in violation of subsection (1)(a) of this section is a class 23
	265	+	misdemeanor.4
	266	+	(b) Insurance fraud committed in violation of subsections (1)(b)5
	267	+	to (1)(e)
	268	+	OR SUBSECTION (3) OF THIS SECTION IS A CLASS 6 FELONY.6
237	269		(c) I
238		-	NSURANCE FRAUD COMMITTED IN VIOLATION OF subsection (2)
	270	+	NSURANCE FRAUD COMMITTED IN VIOLATION OF subsection (2)7
239	271		or (3)
240		-	of this section is a class 5 felony.
241		-	SECTION 20. In Colorado Revised Statutes, amend 18-5-506 as
242		-	follows:
243		-	PAGE 7-HOUSE BILL 23-1293 18-5-506. Fraudulent receipt - penalty. A warehouse, as defined
244		-	in section 4-7-102 (a)(13), C.R.S., or any officer, agent, or servant of a
245		-	warehouse, that issues or aids in issuing a receipt knowing that the goods
246		-	for which the receipt is issued have not been actually received by the
247		-	warehouse, or are not under the warehouse's actual control at the time of
248		-	issuing the receipt, commits a class 6 felony
249		-	CLASS 2 MISDEMEANOR.
250		-	SECTION 21. In Colorado Revised Statutes, 18-5-706, amend (2)
251		-	as follows:
252		-	18-5-706. Criminal possession of forgery devices. (2) Possession
253		-	of a forgery device is a class 6 felony CLASS 5 FELONY.
254		-	SECTION 22. In Colorado Revised Statutes, 18-5-902, amend
255		-	(2)(b); and repeal (3) as follows:
256		-	18-5-902. Identity theft. (2) (b) Identity theft in violation of
257		-	subsection (1)(b), (1)(d), or (1)(e) of this section is a class 2 misdemeanor;
258		-	except that it is a class 6 felony
259		-	CLASS 5 FELONY if the person possesses
260		-	three or more financial devices or the personal or financial identifying
261		-	information of three or more persons.
262		-	(3) The court shall be required to sentence the defendant to the
263		-	department of corrections for a term of at least the minimum of the
264		-	presumptive range and may sentence the defendant to a maximum of twice
265		-	the presumptive range if:
266		-	(a) The defendant is convicted of identity theft or of attempt,
267		-	conspiracy, or solicitation to commit identity theft; and
268		-	(b) The defendant has a prior conviction for a violation of this part
269		-	9 or a prior conviction for an offense committed in any other state, the
270		-	United States, or any other territory subject to the jurisdiction of the United
271		-	States that would constitute a violation of this part 9 if committed in this
272		-	state, or for attempt, conspiracy, or solicitation to commit a violation of this
273		-	part 9 or for attempt, conspiracy, or solicitation to commit an offense in
274		-	another jurisdiction that would constitute a violation of this part 9 if
275		-	committed in this state.
276		-	SECTION 23. In Colorado Revised Statutes, 18-5-903, amend (2)
277		-	PAGE 8-HOUSE BILL 23-1293 as follows:
278		-	18-5-903. Criminal possession of a financial device.
	272	+	of this section is a class 5 felony.8
	273	+	SECTION 20. In Colorado Revised Statutes, amend 18-5-506 as9
	274	+	follows:10
	275	+	18-5-506. Fraudulent receipt - penalty. A warehouse, as defined11
	276	+	in section 4-7-102 (a)(13), C.R.S., or any officer, agent, or servant of a12
	277	+	warehouse, that issues or aids in issuing a receipt knowing that the goods13
	278	+	for which the receipt is issued have not been actually received by the14
	279	+	warehouse, or are not under the warehouse's actual control at the time of15
	280	+	issuing the receipt, commits a class 6 felony CLASS 2 MISDEMEANOR.16
	281	+	SECTION 21. In Colorado Revised Statutes, 18-5-706, amend17
	282	+	(2) as follows:18
	283	+	18-5-706. Criminal possession of forgery devices.19
	284	+	(2) Possession of a forgery device is a class 6 felony CLASS 5 FELONY.20
	285	+	SECTION 22. In Colorado Revised Statutes, 18-5-902, amend21
	286	+	(2)(b); and repeal (3) as follows:22
	287	+	18-5-902. Identity theft. (2) (b) Identity theft in violation of23
	288	+	subsection (1)(b), (1)(d), or (1)(e) of this section is a class 224
	289	+	misdemeanor; except that it is a class 6 felony CLASS 5 FELONY if the25
	290	+	person possesses three or more financial devices or the personal or26
	291	+	financial identifying information of three or more persons.27
	292	+	1293
	293	+	-9- (3) The court shall be required to sentence the defendant to the1
	294	+	department of corrections for a term of at least the minimum of the2
	295	+	presumptive range and may sentence the defendant to a maximum of3
	296	+	twice the presumptive range if:4
	297	+	(a) The defendant is convicted of identity theft or of attempt,5
	298	+	conspiracy, or solicitation to commit identity theft; and6
	299	+	(b) The defendant has a prior conviction for a violation of this part7
	300	+	9 or a prior conviction for an offense committed in any other state, the8
	301	+	United States, or any other territory subject to the jurisdiction of the9
	302	+	United States that would constitute a violation of this part 9 if committed10
	303	+	in this state, or for attempt, conspiracy, or solicitation to commit a11
	304	+	violation of this part 9 or for attempt, conspiracy, or solicitation to12
	305	+	commit an offense in another jurisdiction that would constitute a violation13
	306	+	of this part 9 if committed in this state.14
	307	+	SECTION 23. In Colorado Revised Statutes, 18-5-903, amend15
	308	+	(2) as follows:16
	309	+	18-5-903. Criminal possession of a financial device.17
279	310		(2) (a) E
280		-	XCEPT AS PROVIDED IN SUBSECTION (2)(c) OF THIS SECTION,
	311	+	XCEPT AS PROVIDED IN SUBSECTION (2)(c) OF THIS SECTION,18
281	312		criminal possession of one
282	313		OR MORE financial device
283		-	DEVICES is a class 2
284		-	misdemeanor.
285		-	(b) Criminal possession of two or more financial devices is a class
286		-	6 felony.
287		-	(c) Criminal possession of four THREE or more financial devices, of
288		-	which at least two are issued to different account holders, is a class 5
289		-	felony.
290		-	SECTION 24. In Colorado Revised Statutes, 18-5.5-102, amend
291		-	(3)(b) as follows:
292		-	18-5.5-102. Cybercrime. (3) (b) Cybercrime committed in
293		-	violation of subsection (1)(a) of this section is a class 2 misdemeanor.
294		-	except that, if the person has previously been convicted under this section
295		-	or of any criminal act committed in any jurisdiction of the United States
296		-	which, if committed in this state, would be a felony under this statute,
297		-	cybercrime committed in violation of subsection (1)(a) of this section is a
298		-	class 6 felony.
299		-	SECTION 25. In Colorado Revised Statutes, amend 18-8-110 as
300		-	follows:
301		-	18-8-110. False report of explosives, weapons, or harmful
302		-	substances. Any person who reports to any other person that a bomb or
303		-	other explosive, any chemical or biological agent, any poison or weapon, or
304		-	any harmful radioactive substance has been placed in any public or private
305		-	place or vehicle designed for the transportation of persons or property,
306		-	knowing that the report is false, commits a class 6 felony
307		-	CLASS 5 FELONY.
308		-	SECTION 26. In Colorado Revised Statutes, 18-8-112, amend (2)
309		-	as follows:
310		-	18-8-112. Impersonating a peace officer. (2) Impersonating a
311		-	peace officer is a class 6 felony CLASS 5 FELONY.
312		-	PAGE 9-HOUSE BILL 23-1293 SECTION 27. In Colorado Revised Statutes, 18-8-208.2, amend
313		-	(1) introductory portion as follows:
314		-	18-8-208.2. Unauthorized absence. (1) A person who is serving
315		-	a direct sentence to a community corrections program pursuant to section
316		-	18-1.3-301; transitioning from the department of corrections to a
317		-	community corrections program or placed in an intensive supervision
318		-	program pursuant to section 17-27.5-101; participating in a work release or
319		-	home detention program pursuant to 18-1.3-106 (1.1), intensive supervision
320		-	program, or any other similar authorized supervised or unsupervised
321		-	absence from a detention facility as defined in section 18-8-203 (3);
322		-	TRANSITIONING FROM THE DEPARTMENT OF HUMAN SERVICES TO A
323		-	RESIDENTIAL FACILITY OR PROGRAM PURSUANT TO SECTION
324		-	16-8-115 OR
325		-	16-8-118; or is housed in a staff secure facility as defined in section
326		-	19-2.5-102 commits the crime of unauthorized absence if the person
327		-	knowingly:
328		-	SECTION 28. In Colorado Revised Statutes, 18-8-211, amend
329		-	(2)(b) as follows:
330		-	18-8-211. Riots in detention facilities. (2) Active participation in
331		-	a riot by any person while confined in any detention facility within the state:
	314	+	DEVICES is a class19
	315	+	2 misdemeanor.20
	316	+	(b) Criminal possession of two or more financial devices is a class21
	317	+	6 felony.22
	318	+	(c) Criminal possession of four THREE or more financial devices,23
	319	+	of which at least two are issued to different account holders, is a class 524
	320	+	felony.25
	321	+	SECTION 24. In Colorado Revised Statutes, 18-5.5-102, amend26
	322	+	(3)(b) as follows:27
	323	+	1293
	324	+	-10- 18-5.5-102. Cybercrime. (3) (b) Cybercrime committed in1
	325	+	violation of subsection (1)(a) of this section is a class 2 misdemeanor.2
	326	+	except that, if the person has previously been convicted under this section3
	327	+	or of any criminal act committed in any jurisdiction of the United States4
	328	+	which, if committed in this state, would be a felony under this statute,5
	329	+	cybercrime committed in violation of subsection (1)(a) of this section is6
	330	+	a class 6 felony.7
	331	+	SECTION 25. In Colorado Revised Statutes, amend 18-8-110 as8
	332	+	follows:9
	333	+	18-8-110. False report of explosives, weapons, or harmful10
	334	+	substances. Any person who reports to any other person that a bomb or11
	335	+	other explosive, any chemical or biological agent, any poison or weapon,12
	336	+	or any harmful radioactive substance has been placed in any public or13
	337	+	private place or vehicle designed for the transportation of persons or14
	338	+	property, knowing that the report is false, commits a class 6 felony CLASS15
	339	+	5
	340	+	FELONY.16
	341	+	SECTION
	342	+	26. In Colorado Revised Statutes, 18-8-112, amend17
	343	+	(2) as follows:18
	344	+	18-8-112. Impersonating a peace officer. (2) Impersonating a19
	345	+	peace officer is a class 6 felony CLASS 5 FELONY.20
	346	+	SECTION 27. In Colorado Revised Statutes, 18-8-208.2, amend21
	347	+	(1) introductory portion as follows:22
	348	+	18-8-208.2. Unauthorized absence. (1) A person who is serving23
	349	+	a direct sentence to a community corrections program pursuant to section24
	350	+	18-1.3-301; transitioning from the department of corrections to a25
	351	+	community corrections program or placed in an intensive supervision26
	352	+	program pursuant to section 17-27.5-101; participating in a work release27
	353	+	1293
	354	+	-11- or home detention program pursuant to 18-1.3-106 (1.1), intensive1
	355	+	supervision program, or any other similar authorized supervised or2
	356	+	unsupervised absence from a detention facility as defined in section3
	357	+	18-8-203 (3);
	358	+	TRANSITIONING FROM THE DEPARTMENT OF HUMAN4
	359	+	SERVICES TO A RESIDENTIAL FACILITY OR PROGRAM PURSUANT TO SECTION5
	360	+	16-8-115
	361	+	OR 16-8-118; or is housed in a staff secure facility as defined in6
	362	+	section 19-2.5-102 commits the crime of unauthorized absence if the7
	363	+	person knowingly:8
	364	+	SECTION
	365	+	28. In Colorado Revised Statutes, 18-8-211, amend9
	366	+	(2)(b) as follows:10
	367	+	18-8-211. Riots in detention facilities. (2) Active participation11
	368	+	in a riot by any person while confined in any detention facility within the12
	369	+	state:13
332	370		(b) Is a
333		-	CLASS 4 felony if the participant does not employ any such
334		-	weapon or device in the course of such participation. and, upon conviction
335		-	thereof, the punishment shall be imprisonment in a detention facility for not
336		-	less than two years nor more than ten years.
337		-	SECTION 29. In Colorado Revised Statutes, 18-8-303, amend (1)
338		-	introductory portion as follows:
339		-	18-8-303. Compensation for past official behavior. (1) A person
340		-	commits a class 6 felony, CLASS 4 FELONY if he THE PERSON:
341		-	SECTION 30. In Colorado Revised Statutes, 18-8-307, amend (4)
342		-	as follows:
343		-	18-8-307. Designation of supplier prohibited. (4) Any public
344		-	servant who violates the provisions of subsection (1) of this section
345		-	commits a class 6 felony
346		-	CLASS 5 FELONY.
347		-	PAGE 10-HOUSE BILL 23-1293 SECTION 31. In Colorado Revised Statutes, 18-8-402, amend (2)
348		-	as follows:
349		-	18-8-402. Misuse of official information. (2) Misuse of official
350		-	information is a class 6 felony CLASS 5 FELONY.
351		-	SECTION 32. In Colorado Revised Statutes, 18-8-609, amend (2)
352		-	as follows:
353		-	18-8-609. Jury-tampering. (2) Jury-tampering is a class 5 felony;
354		-	except that jury-tampering in any class 1 felony trial is a class 4 felony.
355		-	SECTION 33. In Colorado Revised Statutes, 18-8-706, amend (2)
356		-	as follows:
357		-	18-8-706. Retaliation against a witness or victim. (2) Retaliation
358		-	against a witness or victim is a class 3 felony CLASS 4 FELONY.
359		-	SECTION 34. In Colorado Revised Statutes, add 18-8-706.3 as
360		-	follows:
361		-	18-8-706.3. Aggravated retaliation against a witness or victim.
	371	+	CLASS 4 felony if the participant does not employ any such14
	372	+	weapon or device in the course of such participation. and, upon
	373	+	15
	374	+	conviction thereof, the punishment shall be imprisonment in a detention16
	375	+	facility for not less than two years nor more than ten years.17
	376	+	SECTION 29. In Colorado Revised Statutes, 18-8-303, amend18
	377	+	(1) introductory portion as follows:19
	378	+	18-8-303. Compensation for past official behavior. (1) A20
	379	+	person commits a class 6 felony, CLASS 4 FELONY if he THE PERSON:21
	380	+	SECTION 30. In Colorado Revised Statutes, 18-8-307, amend22
	381	+	(4) as follows:23
	382	+	18-8-307. Designation of supplier prohibited. (4) Any public24
	383	+	servant who violates the provisions of subsection (1) of this section25
	384	+	commits a class 6 felony CLASS 5 FELONY.26
	385	+	SECTION 31. In Colorado Revised Statutes, 18-8-402, amend27
	386	+	1293
	387	+	-12- (2) as follows:1
	388	+	18-8-402. Misuse of official information. (2) Misuse of official2
	389	+	information is a class 6 felony CLASS 5 FELONY.3
	390	+	SECTION 32. In Colorado Revised Statutes, 18-8-609, amend4
	391	+	(2) as follows:5
	392	+	18-8-609. Jury-tampering. (2) Jury-tampering is a class 56
	393	+	felony; except that jury-tampering in any class 1 felony trial is a class 47
	394	+	felony.8
	395	+	SECTION 33. In Colorado Revised Statutes, 18-8-706, amend9
	396	+	(2) as follows:10
	397	+	18-8-706. Retaliation against a witness or victim.11
	398	+	(2) Retaliation against a witness or victim is a class 3 felony CLASS 412
	399	+	FELONY.13
	400	+	SECTION 34. In Colorado Revised Statutes, add 18-8-706.3 as14
	401	+	follows:15
	402	+	18-8-706.3. Aggravated retaliation against a witness or victim.16
362	403		(1) A
363		-	PERSON COMMITS THE CRIME OF AGGRAVATED ~~RETALIATION AGAINST~~
364		-	A WITNESS OR VICTIM IF
365		-	~~, DURING THE ACT OF RETALIATION, THE~~ PERSON:
	404	+	PERSON COMMITS THE CRIME OF AGGRAVATED RETALIATION17
	405	+	AGAINST A WITNESS OR VICTIM IF, DURING THE ACT OF RETALIATION, THE18
	406	+	PERSON:19
366	407		(a) I
367		-	S ARMED WITH A DEADLY WEAPON WITH THE INTENT , IF
368		-	RESISTED
369		-	, TO KILL, MAIM, OR WOUND THE PERSON BEING RETALIATED
370		-	AGAINST OR ANY OTHER PERSON
371		-	; OR
372		-	(b) KNOWINGLY WOUNDS WITH A DEADLY WEAPON THE PERSON
373		-	BEING RETALIATED AGAINST OR ANY OTHER PERSON
374		-	; OR
375		-	(c) BY THE USE OF FORCE, THREATS, OR INTIMIDATION WITH A
376		-	DEADLY WEAPON
377		-	, KNOWINGLY PUTS THE PERSON BEING RETALIATED
378		-	AGAINST OR ANY OTHER PERSON IN REASONABLE FEAR OF DEATH OR BODILY
379		-	INJURY
380		-	.
	408	+	S ARMED WITH A DEADLY WEAPON WITH THE INTENT , IF20
	409	+	RESISTED, TO KILL, MAIM, OR WOUND THE PERSON BEING RETALIATED21
	410	+	AGAINST OR ANY OTHER PERSON ; OR22
	411	+	(b) K
	412	+	NOWINGLY WOUNDS WITH A DEADLY WEAPON THE PERSON23
	413	+	BEING RETALIATED AGAINST OR ANY OTHER PERSON ; OR24
	414	+	(c) B
	415	+	Y THE USE OF FORCE, THREATS, OR INTIMIDATION WITH A25
	416	+	DEADLY WEAPON, KNOWINGLY PUTS THE PERSON BEING RETALIATED26
	417	+	AGAINST OR ANY OTHER PERSON IN REASONABLE FEAR OF DEATH OR27
	418	+	1293
	419	+	-13- BODILY INJURY.1
381	420		(2) A
382		-	GGRAVATED RETALIATION AGAINST A WITNESS OR VICTIM IS A
383		-	CLASS
384		-	3 FELONY.
385		-	PAGE 11-HOUSE BILL 23-1293 SECTION 35. In Colorado Revised Statutes, 18-9-116.5, repeal
386		-	(2)(b) as follows:
387		-	18-9-116.5. Vehicular eluding. (2) (b) Notwithstanding section
388		-	18-1.3-401, the minimum sentence within the presumptive range for a
389		-	violation of this section shall be increased as follows:
390		-	(I) For a class 5 felony, the minimum fine shall be two thousand
391		-	dollars;
392		-	(II) For a class 4 felony, the minimum fine shall be four thousand
393		-	dollars; and
394		-	(III) For a class 3 felony, the minimum fine shall be six thousand
395		-	dollars.
396		-	SECTION 36. In Colorado Revised Statutes, 18-9-119, amend (5)
397		-	and (7) as follows:
398		-	18-9-119. Failure or refusal to leave premises or property upon
399		-	request of a peace officer - penalties - payment of costs. (5) Any person
400		-	who violates subsection (2) of this section and who, in the same criminal
401		-	episode, knowingly holds another person hostage or who confines or detains
402		-	such other person through the possession, use, or threatened use of a deadly
403		-	weapon, without the other person's consent, and without proper legal
404		-	authority commits a class 4 felony
405		-	CLASS 3 FELONY.
406		-	(7) Any person who violates subsection (2) of this section and who,
407		-	in the same criminal episode, knowingly holds another person hostage or
408		-	confines or detains such other person by knowingly causing such other
409		-	person to reasonably believe that he
410		-	THE PERSON possesses a deadly weapon
411		-	commits a class 5 felony CLASS 4 FELONY.
412		-	SECTION 37. In Colorado Revised Statutes, 18-9-202, amend
413		-	(2)(c) as follows:
414		-	18-9-202. Cruelty to animals - aggravated cruelty to animals -
415		-	service animals - short title. (2) (c) Aggravated cruelty to animals is a
416		-	class 6 felony; except that a second or subsequent conviction for the offense
417		-	of aggravated cruelty to animals is a class 5 felony. A plea of nolo
418		-	PAGE 12-HOUSE BILL 23-1293 contendere accepted by the court shall be considered a conviction for
419		-	purposes of this section CLASS 4 FELONY.
420		-	SECTION 38. In Colorado Revised Statutes, 18-9-204, amend (2)
421		-	as follows:
422		-	18-9-204. Animal fighting - penalty. (2) (a) Except as described
423		-	in paragraph (b) of this subsection (2), A person who violates the provisions
424		-	of this section commits a class 5 felony and, in addition to the punishment
425		-	provided in section 18-1.3-401, the court shall impose upon the person a
426		-	mandatory fine of at least one thousand dollars.
427		-	(b) A person who commits a second or subsequent violation of this
428		-	section commits a class 4 felony and, in addition to the punishment
429		-	provided in section 18-1.3-401, the court shall impose upon the person a
430		-	mandatory fine of at least five thousand dollars.
431		-	SECTION 39. In Colorado Revised Statutes, amend 18-9-302 as
432		-	follows:
433		-	18-9-302. Wiretapping and eavesdropping devices prohibited -
434		-	penalty. Any person who manufactures, buys, sells, or knowingly has in the
435		-	person's possession any instrument, device, contrivance, machine, or
436		-	apparatus designed or commonly used for wiretapping or eavesdropping, as
437		-	prohibited in sections 18-9-303 and 18-9-304, with the intent to unlawfully
438		-	use or employ or allow the same to be so used or employed, or who
439		-	knowingly aids, authorizes, agrees with, employs, permits, or conspires with
440		-	any
441		-	OTHER person to unlawfully manufacture, buy, sell, or have the same in
442		-	the person's possession is guilty of a petty offense. Upon commission of a
443		-	second or subsequent offense, any person committing the same commits a
444		-	class 5 felony.
445		-	SECTION 40. In Colorado Revised Statutes, 18-9-303, amend (2)
446		-	as follows:
447		-	18-9-303. Wiretapping prohibited - penalty. (2) Wiretapping is
448		-	a class 6 felony; except that, if the wiretapping involves a cordless
449		-	telephone, it is a class 2 misdemeanor.
450		-	SECTION 41. In Colorado Revised Statutes, 18-9-309, amend
451		-	PAGE 13-HOUSE BILL 23-1293 (4)(a) introductory portion and (4)(b); and repeal (2.5) as follows:
452		-	18-9-309. Telecommunications crime. (2.5) A person commits a
453		-	class 6 felony if, within five years after a previous violation of subsection
454		-	(2) of this section, the person commits a second or subsequent violation of
455		-	subsection (2) of this section; except that a second or subsequent violation
456		-	of subsection (2) of this section involving knowingly using cloning
457		-	equipment to create a cloned cellular phone, as described in paragraph (b)
458		-	of subsection (2) of this section, is a class 4 felony.
459		-	(4) (a) A person commits a class 4 felony CLASS 2 MISDEMEANOR if
460		-	he or she THE PERSON knowingly uses cloning equipment to:
461		-	(b) A person commits a class 4 felony CLASS 2 MISDEMEANOR if he
462		-	or she THE PERSON aids, abets, advises, or encourages one or more persons
463		-	who engage in the activities described in paragraph (a) of this subsection (4)
464		-	SUBSECTION (4)(a) OF THIS SECTION.
465		-	SECTION 42. In Colorado Revised Statutes, 18-10-103, amend (2)
466		-	as follows:
467		-	18-10-103. Gambling - professional gambling - offenses. (2) A
468		-	person who engages in professional gambling commits a class 2
469		-	misdemeanor. If the offender is a repeating gambling offender, it is a class
470		-	5 felony.
471		-	SECTION 43. In Colorado Revised Statutes, 18-10-105, amend (2)
472		-	as follows:
473		-	18-10-105. Possession of a gambling device or record.
474		-	(2) Possession of a gambling device or record or violation of subsection
475		-	(1.5) of this section is a class 2 misdemeanor. If the offender is a repeating
476		-	gambling offender, it is a class 6 felony.
477		-	SECTION 44. In Colorado Revised Statutes, 18-10-106, amend (1)
478		-	as follows:
479		-	18-10-106. Gambling information. (1) Whoever knowingly
480		-	transmits or receives gambling information by telephone, telegraph, radio,
481		-	semaphore, or other means or knowingly installs or maintains equipment for
482		-	PAGE 14-HOUSE BILL 23-1293 the transmission or receipt of gambling information commits a class 2
483		-	misdemeanor. If the offender is a repeating gambling offender, it is a class
484		-	6 felony.
485		-	SECTION 45. In Colorado Revised Statutes, 18-12-102, amend
486		-	(1), (2), and (3) as follows:
487		-	18-12-102. Possessing a dangerous or illegal weapon -
488		-	affirmative defense - definition. (1) As used in this section, the term
489		-	"dangerous weapon" means a firearm silencer, machine gun, short shotgun,
	421	+	GGRAVATED RETALIATION AGAINST A WITNESS OR VICTIM IS2
	422	+	A CLASS 3 FELONY.3
	423	+	SECTION
	424	+	35. In Colorado Revised Statutes, 18-9-116.5, repeal4
	425	+	(2)(b) as follows:5
	426	+	18-9-116.5. Vehicular eluding. (2) (b) Notwithstanding section6
	427	+	18-1.3-401, the minimum sentence within the presumptive range for a7
	428	+	violation of this section shall be increased as follows:8
	429	+	(I) For a class 5 felony, the minimum fine shall be two thousand9
	430	+	dollars;10
	431	+	(II) For a class 4 felony, the minimum fine shall be four thousand11
	432	+	dollars; and12
	433	+	(III) For a class 3 felony, the minimum fine shall be six thousand13
	434	+	dollars.14
	435	+	SECTION 36. In Colorado Revised Statutes, 18-9-119, amend15
	436	+	(5) and (7) as follows:16
	437	+	18-9-119. Failure or refusal to leave premises or property17
	438	+	upon request of a peace officer - penalties - payment of costs. (5) Any18
	439	+	person who violates subsection (2) of this section and who, in the same19
	440	+	criminal episode, knowingly holds another person hostage or who20
	441	+	confines or detains such other person through the possession, use, or21
	442	+	threatened use of a deadly weapon, without the other person's consent,22
	443	+	and without proper legal authority commits a class 4 felony CLASS 323
	444	+	FELONY.24
	445	+	(7) Any person who violates subsection (2) of this section and25
	446	+	who, in the same criminal episode, knowingly holds another person26
	447	+	hostage or confines or detains such other person by knowingly causing27
	448	+	1293
	449	+	-14- such other person to reasonably believe that he THE PERSON possesses a1
	450	+	deadly weapon commits a class 5 felony CLASS 4 FELONY.2
	451	+	SECTION 37. In Colorado Revised Statutes, 18-9-202, amend3
	452	+	(2)(c) as follows:4
	453	+	18-9-202. Cruelty to animals - aggravated cruelty to animals5
	454	+	- service animals - short title. (2) (c) Aggravated cruelty to animals is6
	455	+	a class 6 felony; except that a second or subsequent conviction for the7
	456	+	offense of aggravated cruelty to animals is a class 5 felony. A plea of nolo8
	457	+	contendere accepted by the court shall be considered a conviction for9
	458	+	purposes of this section CLASS 4 FELONY.10
	459	+	SECTION 38. In Colorado Revised Statutes, 18-9-204, amend11
	460	+	(2) as follows:12
	461	+	18-9-204. Animal fighting - penalty. (2) (a) Except as described13
	462	+	in paragraph (b) of this subsection (2), A person who violates the14
	463	+	provisions of this section commits a class 5 felony and, in addition to the15
	464	+	punishment provided in section 18-1.3-401, the court shall impose upon16
	465	+	the person a mandatory fine of at least one thousand dollars.17
	466	+	(b) A person who commits a second or subsequent violation of18
	467	+	this section commits a class 4 felony and, in addition to the punishment19
	468	+	provided in section 18-1.3-401, the court shall impose upon the person a20
	469	+	mandatory fine of at least five thousand dollars.21
	470	+	SECTION 39. In Colorado Revised Statutes, amend 18-9-302 as22
	471	+	follows:23
	472	+	18-9-302. Wiretapping and eavesdropping devices prohibited24
	473	+	- penalty. Any person who manufactures, buys, sells, or knowingly has25
	474	+	in the person's possession any instrument, device, contrivance, machine,26
	475	+	or apparatus designed or commonly used for wiretapping or27
	476	+	1293
	477	+	-15- eavesdropping, as prohibited in sections 18-9-303 and 18-9-304, with the1
	478	+	intent to unlawfully use or employ or allow the same to be so used or2
	479	+	employed, or who knowingly aids, authorizes, agrees with, employs,3
	480	+	permits, or conspires with any
	481	+	OTHER person to unlawfully manufacture,4
	482	+	buy, sell, or have the same in the person's possession is guilty of a petty5
	483	+	offense. Upon commission of a second or subsequent offense, any person
	484	+	6
	485	+	committing the same commits a class 5 felony.7
	486	+	SECTION 40. In Colorado Revised Statutes, 18-9-303, amend8
	487	+	(2) as follows:9
	488	+	18-9-303. Wiretapping prohibited - penalty. (2) Wiretapping10
	489	+	is a class 6 felony; except that, if the wiretapping involves a cordless11
	490	+	telephone, it is a class 2 misdemeanor.12
	491	+	SECTION 41. In Colorado Revised Statutes, 18-9-309, amend13
	492	+	(4)(a) introductory portion and (4)(b); and repeal (2.5) as follows:14
	493	+	18-9-309. Telecommunications crime. (2.5) A person commits15
	494	+	a class 6 felony if, within five years after a previous violation of16
	495	+	subsection (2) of this section, the person commits a second or subsequent17
	496	+	violation of subsection (2) of this section; except that a second or18
	497	+	subsequent violation of subsection (2) of this section involving knowingly19
	498	+	using cloning equipment to create a cloned cellular phone, as described20
	499	+	in paragraph (b) of subsection (2) of this section, is a class 4 felony.21
	500	+	(4) (a) A person commits a class 4 felony CLASS 2 MISDEMEANOR22
	501	+	if he or she THE PERSON knowingly uses cloning equipment to:23
	502	+	(b) A person commits a class 4 felony CLASS 2 MISDEMEANOR if24
	503	+	he or she THE PERSON aids, abets, advises, or encourages one or more25
	504	+	persons who engage in the activities described in paragraph (a) of this26
	505	+	subsection (4) SUBSECTION (4)(a) OF THIS SECTION.27
	506	+	1293
	507	+	-16- SECTION 42. In Colorado Revised Statutes, 18-10-103, amend1
	508	+	(2) as follows:2
	509	+	18-10-103. Gambling - professional gambling - offenses. (2) A3
	510	+	person who engages in professional gambling commits a class 24
	511	+	misdemeanor. If the offender is a repeating gambling offender, it is a5
	512	+	class 5 felony.6
	513	+	SECTION 43. In Colorado Revised Statutes, 18-10-105, amend7
	514	+	(2) as follows:8
	515	+	18-10-105. Possession of a gambling device or record.9
	516	+	(2) Possession of a gambling device or record or violation of subsection10
	517	+	(1.5) of this section is a class 2 misdemeanor. If the offender is a11
	518	+	repeating gambling offender, it is a class 6 felony.12
	519	+	SECTION 44. In Colorado Revised Statutes, 18-10-106, amend13
	520	+	(1) as follows:14
	521	+	18-10-106. Gambling information. (1) Whoever knowingly15
	522	+	transmits or receives gambling information by telephone, telegraph, radio,16
	523	+	semaphore, or other means or knowingly installs or maintains equipment17
	524	+	for the transmission or receipt of gambling information commits a class18
	525	+	2 misdemeanor. If the offender is a repeating gambling offender, it is a19
	526	+	class 6 felony.20
	527	+	SECTION 45. In Colorado Revised Statutes, 18-12-102, amend21
	528	+	(1), (2), and (3) as follows:22
	529	+	18-12-102. Possessing a dangerous or illegal weapon -23
	530	+	affirmative defense - definition. (1) As used in this section, the term24
	531	+	"dangerous weapon" means a firearm silencer, machine gun, short25
	532	+	shotgun,
490	533		OR short rifle. or ballistic knife.
491		-	(2) As used in this section, the term "illegal weapon" means a
492		-	blackjack, a gas gun, BALLISTIC KNIFE, or metallic knuckles.
493		-	(3) A person who knowingly possesses a dangerous weapon
494		-	commits a class 5 felony. Each subsequent violation of this subsection (3)
495		-	by the same person shall be a class 4 felony.
496		-	SECTION 46. In Colorado Revised Statutes, 18-12-105.5, amend
497		-	(1) as follows:
498		-	18-12-105.5. Unlawfully carrying a weapon - unlawful
499		-	possession of weapons - school, college, or university grounds. (1) (a) A
500		-	person commits a class 6 felony if such person SHALL NOT knowingly and
501		-	unlawfully and without legal authority carries, brings, or has in such CARRY,
502		-	BRING, OR HAVE IN THE person's possession a deadly weapon as defined in
503		-	section 18-1-901 (3)(e) in or on the real estate and all improvements erected
504		-	thereon of any public or private elementary, middle, junior high, high, or
505		-	vocational school or any public or private college, university, or seminary,
506		-	except for the purpose of presenting an authorized public demonstration or
507		-	exhibition pursuant to instruction in conjunction with an organized school
508		-	or class, for the purpose of carrying out the necessary duties and functions
509		-	of an employee of an educational institution that require the use of a deadly
510		-	weapon, or for the purpose of participation in an authorized extracurricular
511		-	activity or on an athletic team.
	534	+	26
	535	+	(2) As used in this section, the term "illegal weapon" means a27
	536	+	1293
	537	+	-17- blackjack, a gas gun, BALLISTIC KNIFE, or metallic knuckles.1
	538	+	(3) A person who knowingly possesses a dangerous weapon2
	539	+	commits a class 5 felony. Each subsequent violation of this subsection (3)3
	540	+	by the same person shall be a class 4 felony.4
	541	+	SECTION 46. In Colorado Revised Statutes, 18-12-105.5,5
	542	+	amend (1) as follows:6
	543	+	18-12-105.5. Unlawfully carrying a weapon - unlawful7
	544	+	possession of weapons - school, college, or university grounds.8
	545	+	(1) (a) A person commits a class 6 felony if such person SHALL NOT9
	546	+	knowingly and unlawfully and without legal authority carries, brings, or10
	547	+	has in such CARRY, BRING, OR HAVE IN THE person's possession a deadly11
	548	+	weapon as defined in section 18-1-901 (3)(e) in or on the real estate and12
	549	+	all improvements erected thereon of any public or private elementary,13
	550	+	middle, junior high, high, or vocational school or any public or private14
	551	+	college, university, or seminary, except for the purpose of presenting an15
	552	+	authorized public demonstration or exhibition pursuant to instruction in16
	553	+	conjunction with an organized school or class, for the purpose of carrying17
	554	+	out the necessary duties and functions of an employee of an educational18
	555	+	institution that require the use of a deadly weapon, or for the purpose of19
	556	+	participation in an authorized extracurricular activity or on an athletic20
	557	+	team.21
512	558		(b) (I) A
513		-	PERSON WHO VIOLATES SUBSECTION (1)(a) OF ~~THIS SECTION~~
514		-	COMMITS A CLASS
515		-	~~6 FELONY IF THE~~ WEAPON ~~INVOLVED IS~~ A ~~DEADLY WEAPON~~
516		-	~~OTHER THAN A FIREARM~~
517		-	~~, AS DEFINED IN SECTION 18-1-901.~~
518		-	~~PAGE 15-HOUSE BILL 23-1293 (II) A~~ PERSON WHO VIOLATES SUBSECTION (1)(a) OF THIS ~~SECTION~~
519		-	COMMITS A CLASS
520		-	~~5 FELONY IF THE WEAPON INVOLVED IS A FIREARM , AS~~
521		-	DEFINED IN SECTION
522		-	18-~~1-901.~~
523		-	~~SECTION 47.~~ ~~In Colorado Revised Statutes, 18-12-108, amend~~ (7)
524		-	~~introductory portion and~~ (7)~~(bbb); and repeal (7)(eee) as follows:~~
525		-	~~18-12-108. Possession of weapons by previous offenders.~~ ~~(7)~~ In
526		-	~~addition to~~ a conviction for ~~felony crime as defined in section 24-4.1-302~~
527		-	~~(1),~~ a ~~felony conviction~~ or ~~adjudication for one of the following felonies~~
528		-	~~prohibits~~ a ~~person from possessing,~~ ~~using,~~ or ~~carrying upon his or her~~
529		-	~~THE~~
530		-	~~person a firearm as defined in section 18-1-901 (3)(h) or any other weapon that is subject to this article 12 pursuant to subsection (1) or (3)~~ of this section:
	559	+	PERSON WHO VIOLATES SUBSECTION (1)(a) OF THIS22
	560	+	SECTION COMMITS A CLASS 6 FELONY IF THE WEAPON INVOLVED IS A23
	561	+	DEADLY WEAPON OTHER THAN A FIREARM , AS DEFINED IN SECTION24
	562	+	18-1-901.25
	563	+	(II) A
	564	+	PERSON WHO VIOLATES SUBSECTION (1)(a) OF THIS SECTION26
	565	+	COMMITS A CLASS 5 FELONY IF THE WEAPON INVOLVED IS A FIREARM , AS27
	566	+	1293
	567	+	-18- DEFINED IN SECTION 18-1-901.1
	568	+	SECTION 47. In Colorado Revised Statutes, 18-12-108, amend2
	569	+	(7) introductory portion and (7)(bbb); and repeal (7)(eee) as follows:3
	570	+	18-12-108. Possession of weapons by previous offenders. (7) In4
	571	+	addition to a conviction for felony crime as defined in section 24-4.1-3025
	572	+	(1), a felony conviction or adjudication for one of the following felonies6
	573	+	prohibits a person from possessing, using, or carrying upon his or her THE7
	574	+	person a firearm as defined in section 18-1-901 (3)(h) or any other8
	575	+	weapon that is subject to this article 12 pursuant to subsection (1) or (3)9
	576	+	of this section:10
531	577		(bbb) Dueling in violation of section 18-13-104
532		-	IF COMMITTED ON
533		-	OR BEFORE
534		-	OCTOBER 1, 2023;
	578	+	IF COMMITTED ON11
	579	+	OR BEFORE OCTOBER 1, 2023;12
535	580		(eee) Smuggling of a human in violation of section 18-13-128;
536		-	SECTION 48. In Colorado Revised Statutes, 18-12-109, amend
537		-	(2), (2.5), (5), (5.5), (6), and (6.5) as follows:
538		-	18-12-109. Possession, use, or removal of explosives or
539		-	incendiary devices - possession of components thereof - chemical,
540		-	biological, and nuclear weapons - persons exempt - hoaxes. (2) (a) Any
541		-	person who knowingly possesses
542		-	OR controls manufactures, gives, mails,
543		-	sends, or causes to be sent an explosive or incendiary device commits a
544		-	class 4 felony CLASS 5 FELONY.
	581	+	13
	582	+	SECTION 48. In Colorado Revised Statutes, 18-12-109, amend14
	583	+	(2), (2.5), (5), (5.5), (6), and (6.5) as follows:15
	584	+	18-12-109. Possession, use, or removal of explosives or16
	585	+	incendiary devices - possession of components thereof - chemical,17
	586	+	biological, and nuclear weapons - persons exempt - hoaxes.18
	587	+	(2) (a) Any person who knowingly possesses
	588	+	OR controls manufactures,
	589	+	19
	590	+	gives, mails, sends, or causes to be sent an explosive or incendiary device20
	591	+	commits a class 4 felony CLASS 5 FELONY.21
545	592		(b) A
546		-	NY PERSON WHO KNOWINGLY MANUFACTURERS , GIVES, MAILS,
547		-	SENDS, OR CAUSES TO BE SENT AN EXPLOSIVE OR INCENDIARY DEVICE
548		-	COMMITS A CLASS
549		-	4 FELONY.
	593	+	NY PERSON WHO KNOWINGLY MANUFACTURERS , GIVES,22
	594	+	MAILS, SENDS, OR CAUSES TO BE SENT AN EXPLOSIVE OR INCENDIARY23
	595	+	DEVICE COMMITS A CLASS 4 FELONY.24
550	596		(2.5) (a) Any person who knowingly possesses
551		-	OR ~~controls~~
	597	+	OR controls25
552	598		manufacturers, gives, mails, sends, or causes to be sent
553		-	a chemical,
554		-	biological, or radiological weapon commits a class 3 felony CLASS 4
555		-	FELONY.
	599	+	a chemical,26
	600	+	biological, or radiological weapon commits a class 3 felony CLASS 427
	601	+	1293
	602	+	-19- FELONY.1
556	603		(b) A
557		-	NY PERSON WHO KNOWINGLY MANUFACTURERS , GIVES, MAILS,
558		-	PAGE 16-HOUSE BILL 23-1293 SENDS, OR CAUSES TO BE SENT A CHEMICAL , BIOLOGICAL, OR NUCLEAR
559		-	WEAPON COMMITS A CLASS
560		-	3 FELONY.
561		-	(5) Any person who removes or causes to be removed or carries
	604	+	NY PERSON WHO KNOWINGLY MANUFACTURERS , GIVES,2
	605	+	MAILS, SENDS, OR CAUSES TO BE SENT A CHEMICAL , BIOLOGICAL, OR3
	606	+	NUCLEAR WEAPON COMMITS A CLASS 3 FELONY.4
	607	+	(5) Any person who removes or causes to be removed or carries5
562	608		away any explosive or incendiary device from the premises where said
563		-	THE
564		-	explosive or incendiary device is kept by the lawful user, vendor, transporter, or manufacturer thereof, without the consent or direction of the lawful possessor, commits a class 4 felony. A person convicted of this
565		-	offense shall be subjected to a mandatory minimum sentence of two years
566		-	in the department of corrections.
567		-	(5.5) Any person who removes or causes to be removed or carries
568		-	away any chemical, biological, or radiological weapon from the premises
569		-	where said
570		-	THE chemical, biological, or radiological weapon is kept by the
571		-	lawful user, vendor, transporter, or manufacturer thereof, without the
572		-	consent or direction of the lawful possessor, commits a class 3 felony. A
573		-	person convicted of this offense shall be subject to a mandatory minimum
574		-	sentence of four years in the department of corrections.
575		-	(6) Any person who possesses any explosive or incendiary parts
576		-	commits a class 4 felony CLASS 5 FELONY.
577		-	(6.5) Any person who possesses any chemical weapon, biological
578		-	weapon, or radiological NUCLEAR weapon parts commits a class 3 felony
579		-	CLASS 4 FELONY.
580		-	SECTION 49. In Colorado Revised Statutes, 18-13-104, amend (2)
581		-	as follows:
582		-	18-13-104. Fighting by agreement - dueling. (2) Persons who by
583		-	agreement engage in a fight with deadly weapons, whether in a public or
584		-	private place, commit dueling. which
585		-	DUELING is a class 4 felony CLASS 1
586		-	MISDEMEANOR.
587		-	SECTION 50. In Colorado Revised Statutes, 18-13-112, amend (3)
588		-	as follows:
589		-	18-13-112. Hazardous waste violations. (3) (a) Any A person who
590		-	violates any provision of this section BY INTENTIONALLY SPILLING
591		-	HAZARDOUS WASTE
592		-	commits a class 4 felony.
593		-	PAGE 17-HOUSE BILL 23-1293 (b) A PERSON WHO VIOLATES THIS SECTION BY ABANDONING A
594		-	VEHICLE CONTAINING HAZARDOUS WASTE COMMITS A CLASS
595		-	5 FELONY.
596		-	SECTION 51. In Colorado Revised Statutes, 18-13-114, amend
597		-	(6)(a) as follows:
598		-	18-13-114. Sale of secondhand property - record - inspection -
599		-	crime - definitions. (6) (a) Any secondhand dealer who violates any of theprovisions of subsection (1) or (2) of this section commits a petty offense.
600		-	Upon a second or subsequent conviction for a violation of subsection (1) or
601		-	(2) of this section within three years of the date of a prior conviction, a
602		-	secondhand dealer commits a class 5 felony.
603		-	SECTION 52. In Colorado Revised Statutes, 18-13-123, amend (5)
604		-	as follows:
605		-	18-13-123. Unlawful administration of gamma hydroxybutyrate
606		-	(GHB) or ketamine. (5) Violation of the provisions of subsection (3) of
607		-	this section is a class 3 felony. except that such violation is a class 2 felony
608		-	if the violation is subsequent to a prior conviction for a violation of
609		-	subsection (3) of this section or section 18-18-405 where the controlled
610		-	substance was gamma hydroxybutyrate (GHB) or ketamine or the
611		-	immediate chemical precursors or chemical analogs for either of such
612		-	substances.
613		-	SECTION 53. In Colorado Revised Statutes, repeal 18-13-128 as
614		-	follows:
615		-	18-13-128. Smuggling of humans. (1) A person commits
616		-	smuggling of humans if, for the purpose of assisting another person to enter,
617		-	remain in, or travel through the United States or the state of Colorado in
618		-	violation of immigration laws, he or she provides or agrees to provide
619		-	transportation to that person in exchange for money or any other thing of
620		-	value.
621		-	(2) Smuggling of humans is a class 3 felony.
622		-	(3) A person commits a separate offense for each person to whom
623		-	he or she provides or agrees to provide transportation in violation of
624		-	subsection (1) of this section.
625		-	PAGE 18-HOUSE BILL 23-1293 (4) Notwithstanding the provisions of section 18-1-202, smuggling
626		-	of humans offenses may be tried in any county in the state where a person
627		-	who is illegally present in the United States who is a subject of the action
628		-	is found.
629		-	SECTION 54. In Colorado Revised Statutes, 18-17-103, amend
630		-	(5)(b) introductory portion and (5)(b)(II) as follows:
631		-	18-17-103. Definitions. As used in this article 17, unless the context
632		-	otherwise requires:
633		-	(5) "Racketeering activity" means to commit, to attempt to commit,
634		-	to conspire to commit, or to solicit, coerce, or intimidate another person to
635		-	commit:
636		-	(b) Any violation of the following provisions of the Colorado
637		-	statutes or any criminal act committed in any jurisdiction of the United
638		-	States which
639		-	THAT, if committed in this state, would be a crime under the
640		-	following provisions of the Colorado statutes:
641		-	(II) Offenses against property, as defined in sections 18-4-102 (first
642		-	degree arson), 18-4-103 (second degree arson), 18-4-104 (third degree
643		-	arson), 18-4-105 (fourth degree arson), 18-4-202 (first degree burglary),
644		-	18-4-203 (second degree burglary), 18-4-301 (robbery), 18-4-302
645		-	(aggravated robbery), 18-4-303 (aggravated robbery of controlled
646		-	substances), 18-4-401 (theft), 18-4-409 (aggravated motor vehicle theft),
647		-	and 18-4-501 (criminal mischief);
648		-	SECTION 55. In Colorado Revised Statutes, 18-20-103, repeal
649		-	(1)(d) as follows:
650		-	18-20-103. Violations of taxation provisions - penalties. (1) Any
651		-	person who:
652		-	(d) Violates section 44-30-603 (1)(b) or (1)(c) two or more times in
653		-	any twelve-month period commits a class 5 felony;
654		-	SECTION 56. In Colorado Revised Statutes, 18-20-108, amend (2)
655		-	as follows:
656		-	PAGE 19-HOUSE BILL 23-1293 18-20-108. Use of device for calculating probabilities. (2) Any
657		-	person issued a license pursuant to article 30 of title 44 violating any
658		-	provision of this section commits a class 6 felony and any other person
659		-	violating any provision of this section commits a class 2 misdemeanor. If
660		-	the person is a repeating gambling offender, the person commits a class 5
661		-	felony.
662		-	SECTION 57. In Colorado Revised Statutes, 18-20-109, amend (8)
663		-	as follows:
664		-	18-20-109. Use of counterfeit or unapproved chips or tokens or
665		-	unlawful coins or devices - possession of certain unlawful devices,
666		-	equipment, products, or materials. (8) Any
667		-	A person violating any
668		-	provision of this section commits a class 6 felony. except that, if the person
669		-	is a repeating gambling offender, the person commits a class 5 felony.
670		-	SECTION 58. In Colorado Revised Statutes, 18-20-111, amend (4)
671		-	as follows:
672		-	18-20-111. Unlawful manufacture, sale, distribution, marking,
673		-	altering, or modification of equipment and devices related to limited
674		-	gaming - unlawful instruction. (4) Any person issued a license pursuant
675		-	to article 30 of title 44 violating any provision of this section commits a
676		-	class 6 felony, and any other person violating any provision of this section
677		-	commits a class 2 misdemeanor. If the person is a repeating gambling
678		-	offender, the person commits a class 5 felony.
679		-	SECTION 59. In Colorado Revised Statutes, amend 18-20-112 as
680		-	follows:
681		-	18-20-112. Unlawful entry by excluded and ejected persons.
682		-	(1) (a) It is unlawful for any person whose name is on the list promulgated
683		-	by the Colorado limited gaming control commission pursuant to section
684		-	44-30-1703 (3) or (4) to enter the licensed premises of a limited gaming
685		-	licensee.
	609	+	6
	610	+	THE explosive or incendiary device is kept by the lawful user, vendor,7
	611	+	transporter, or manufacturer thereof, without the consent or direction of8
	612	+	the lawful possessor, commits a class 4 felony. A person convicted of this9
	613	+	offense shall be subjected to a mandatory minimum sentence of two years10
	614	+	in the department of corrections.11
	615	+	(5.5) Any person who removes or causes to be removed or carries12
	616	+	away any chemical, biological, or radiological weapon from the premises13
	617	+	where said THE chemical, biological, or radiological weapon is kept by14
	618	+	the lawful user, vendor, transporter, or manufacturer thereof, without the15
	619	+	consent or direction of the lawful possessor, commits a class 3 felony. A16
	620	+	person convicted of this offense shall be subject to a mandatory minimum17
	621	+	sentence of four years in the department of corrections.18
	622	+	(6) Any person who possesses any explosive or incendiary parts19
	623	+	commits a class 4 felony CLASS 5 FELONY.20
	624	+	(6.5) Any person who possesses any chemical weapon, biological21
	625	+	weapon, or radiological NUCLEAR weapon parts commits a class 3 felony22
	626	+	CLASS 4 FELONY.23
	627	+	SECTION 49. In Colorado Revised Statutes, 18-13-104, amend24
	628	+	(2) as follows:25
	629	+	18-13-104. Fighting by agreement - dueling. (2) Persons who26
	630	+	by agreement engage in a fight with deadly weapons, whether in a public27
	631	+	1293
	632	+	-20- or private place, commit dueling. which DUELING is a class 4 felony1
	633	+	CLASS 1 MISDEMEANOR.2
	634	+	SECTION 50. In Colorado Revised Statutes, 18-13-112, amend3
	635	+	(3) as follows:4
	636	+	18-13-112. Hazardous waste violations. (3) (a) Any A person5
	637	+	who violates any provision of this section BY INTENTIONALLY SPILLING6
	638	+	HAZARDOUS WASTE commits a class 4 felony.7
686	639		(b) A
687		-	PERSON WHO VIOLATES SUBSECTION (1)(a) OF THIS SECTION
688		-	COMMITS A CLASS
689		-	6 FELONY.
690		-	(2) (a) It is unlawful for any person whose name is on the list
691		-	PAGE 20-HOUSE BILL 23-1293 promulgated by the Colorado limited gaming control commission pursuant
692		-	to section 44-30-1703 (3) or (4) to have any personal pecuniary interest,
693		-	direct or indirect, in any limited gaming licensee, licensed premises,
694		-	establishment, or business involved in or with limited gaming or in the
695		-	shares in any corporation, association, or firm licensed pursuant to article
696		-	30 of title 44.
	640	+	PERSON WHO VIOLATES THIS SECTION BY ABANDONING A8
	641	+	VEHICLE CONTAINING HAZARDOUS WASTE COMMITS A CLASS 5 FELONY.9
	642	+	SECTION
	643	+	51. In Colorado Revised Statutes, 18-13-114, amend10
	644	+	(6)(a) as follows:11
	645	+	18-13-114. Sale of secondhand property - record - inspection12
	646	+	- crime - definitions. (6) (a) Any secondhand dealer who violates any of13
	647	+	the provisions of subsection (1) or (2) of this section commits a petty14
	648	+	offense. Upon a second or subsequent conviction for a violation of15
	649	+	subsection (1) or (2) of this section within three years of the date of a16
	650	+	prior conviction, a secondhand dealer commits a class 5 felony.17
	651	+	SECTION 52. In Colorado Revised Statutes, 18-13-123, amend18
	652	+	(5) as follows:19
	653	+	18-13-123. Unlawful administration of gamma20
	654	+	hydroxybutyrate (GHB) or ketamine. (5) Violation of the provisions21
	655	+	of subsection (3) of this section is a class 3 felony. except that such22
	656	+	violation is a class 2 felony if the violation is subsequent to a prior23
	657	+	conviction for a violation of subsection (3) of this section or section24
	658	+	18-18-405 where the controlled substance was gamma hydroxybutyrate25
	659	+	(GHB) or ketamine or the immediate chemical precursors or chemical26
	660	+	analogs for either of such substances.27
	661	+	1293
	662	+	-21- SECTION 53. In Colorado Revised Statutes, repeal 18-13-1281
	663	+	as follows:2
	664	+	18-13-128. Smuggling of humans. (1) A person commits3
	665	+	smuggling of humans if, for the purpose of assisting another person to4
	666	+	enter, remain in, or travel through the United States or the state of5
	667	+	Colorado in violation of immigration laws, he or she provides or agrees6
	668	+	to provide transportation to that person in exchange for money or any7
	669	+	other thing of value.8
	670	+	(2) Smuggling of humans is a class 3 felony.9
	671	+	(3) A person commits a separate offense for each person to whom10
	672	+	he or she provides or agrees to provide transportation in violation of11
	673	+	subsection (1) of this section.12
	674	+	(4) Notwithstanding the provisions of section 18-1-202,13
	675	+	smuggling of humans offenses may be tried in any county in the state14
	676	+	where a person who is illegally present in the United States who is a15
	677	+	subject of the action is found.16
	678	+	SECTION 54. In Colorado Revised Statutes, 18-17-103, amend17
	679	+	(5)(b) introductory portion and (5)(b)(II) as follows:18
	680	+	18-17-103. Definitions. As used in this article 17, unless the19
	681	+	context otherwise requires:20
	682	+	(5) "Racketeering activity" means to commit, to attempt to21
	683	+	commit, to conspire to commit, or to solicit, coerce, or intimidate another22
	684	+	person to commit:23
	685	+	(b) Any violation of the following provisions of the Colorado24
	686	+	statutes or any criminal act committed in any jurisdiction of the United25
	687	+	States which THAT, if committed in this state, would be a crime under the26
	688	+	following provisions of the Colorado statutes:27
	689	+	1293
	690	+	-22- (II) Offenses against property, as defined in sections 18-4-1021
	691	+	(first degree arson), 18-4-103 (second degree arson), 18-4-104 (third2
	692	+	degree arson), 18-4-105 (fourth degree arson), 18-4-202 (first degree3
	693	+	burglary), 18-4-203 (second degree burglary), 18-4-301 (robbery),4
	694	+	18-4-302 (aggravated robbery), 18-4-303 (aggravated robbery of5
	695	+	controlled substances), 18-4-401 (theft), 18-4-409 (aggravated motor6
	696	+	vehicle theft), and 18-4-501 (criminal mischief);7
	697	+	SECTION 55. In Colorado Revised Statutes, 18-20-103, repeal8
	698	+	(1)(d) as follows:9
	699	+	18-20-103. Violations of taxation provisions - penalties.10
	700	+	(1) Any person who:11
	701	+	(d) Violates section 44-30-603 (1)(b) or (1)(c) two or more times12
	702	+	in any twelve-month period commits a class 5 felony;13
	703	+	SECTION 56. In Colorado Revised Statutes, 18-20-108, amend14
	704	+	(2) as follows:15
	705	+	18-20-108. Use of device for calculating probabilities. (2) Any16
	706	+	person issued a license pursuant to article 30 of title 44 violating any17
	707	+	provision of this section commits a class 6 felony and any other person18
	708	+	violating any provision of this section commits a class 2 misdemeanor. If19
	709	+	the person is a repeating gambling offender, the person commits a class20
	710	+	5 felony.21
	711	+	SECTION 57. In Colorado Revised Statutes, 18-20-109, amend22
	712	+	(8) as follows:23
	713	+	18-20-109. Use of counterfeit or unapproved chips or tokens24
	714	+	or unlawful coins or devices - possession of certain unlawful devices,25
	715	+	equipment, products, or materials. (8) Any A person violating any26
	716	+	provision of this section commits a class 6 felony. except that, if the27
	717	+	1293
	718	+	-23- person is a repeating gambling offender, the person commits a class 51
	719	+	felony.2
	720	+	SECTION 58. In Colorado Revised Statutes, 18-20-111, amend3
	721	+	(4) as follows:4
	722	+	18-20-111. Unlawful manufacture, sale, distribution, marking,5
	723	+	altering, or modification of equipment and devices related to limited6
	724	+	gaming - unlawful instruction. (4) Any person issued a license pursuant7
	725	+	to article 30 of title 44 violating any provision of this section commits a8
	726	+	class 6 felony, and any other person violating any provision of this section9
	727	+	commits a class 2 misdemeanor. If the person is a repeating gambling10
	728	+	offender, the person commits a class 5 felony.11
	729	+	SECTION 59. In Colorado Revised Statutes, amend 18-20-11212
	730	+	as follows:13
	731	+	18-20-112. Unlawful entry by excluded and ejected persons.14
	732	+	(1) (a) It is unlawful for any person whose name is on the list15
	733	+	promulgated by the Colorado limited gaming control commission16
	734	+	pursuant to section 44-30-1703 (3) or (4) to enter the licensed premises17
	735	+	of a limited gaming licensee.18
697	736		(b) A
698		-	PERSON WHO VIOLATES SUBSECTION (2)(a) OF THIS SECTION
699		-	COMMITS A CLASS
700		-	5 FELONY.
701		-	(3) Any person violating the provisions of this section commits a
702		-	class 5 felony.
703		-	SECTION 60. In Colorado Revised Statutes, 19-5-213.5, amend
704		-	(4) as follows:
705		-	19-5-213.5. Unauthorized advertising for adoption purposes -
706		-	exceptions - penalty - definitions. (4) Unauthorized advertising of a child,
707		-	as described in subsection (2) of this section, is a class 6 felony CLASS 2
708		-	MISDEMEANOR.
709		-	SECTION 61. In Colorado Revised Statutes, 24-4.1-302, amend
710		-	(1)(v) as follows:
711		-	24-4.1-302. Definitions. As used in this part 3, and for no other
712		-	purpose, including the expansion of the rights of any defendant:
713		-	(1) "Crime" means any of the following offenses, acts, and
714		-	violations as defined by the statutes of the state of Colorado, whether
715		-	committed by an adult or a juvenile:
716		-	(v) Aggravated robbery of controlled substances, in violation of
717		-	section 18-4-303, C.R.S.
718		-	AS IT EXISTED PRIOR TO OCTOBER 1, 2023;
719		-	SECTION 62. In Colorado Revised Statutes, amend 24-22-110 as
720		-	follows:
721		-	24-22-110. Personal profit on state money unlawful - penalty.
722		-	Any A person holding the office of state treasurer or any A person employed
723		-	in the department of the treasury who, directly or indirectly, accepts or
724		-	PAGE 21-HOUSE BILL 23-1293 receives from any OTHER person, for himself or herself or otherwise than on
725		-	behalf of the state, any fee, reward, or compensation, either in money or
726		-	other property or thing of value, in consideration of the deposit or
727		-	investment of state moneys
728		-	MONEY with any such OTHER person or in
729		-	consideration of any agreement or arrangement touching upon the use of
730		-	state moneys
731		-	MONEY commits a class 6 felony CLASS 5 FELONY and shall be
732		-	punished as provided in section 18-1.3-401. C.R.S.
733		-	SECTION 63. In Colorado Revised Statutes, 24-30-1406, amend
734		-	(1) as follows:
735		-	24-30-1406. Criminal liability. (1) Any person, other than a bona
736		-	fide employee working solely for a person providing professional services,
737		-	who offers, agrees, or contracts to solicit or secure for any other person
738		-	contracts for professional services with a state agency or state institution of
739		-	higher education and who, in so doing, receives any fee, commission, gift,
740		-	or other consideration contingent upon or resulting from the making of the
741		-	contract commits a class 3 felony
742		-	CLASS 4 FELONY and shall be punished as
743		-	provided in section 18-1.3-401. C.R.S.
744		-	SECTION 64. In Colorado Revised Statutes, amend 31-31-1203
745		-	as follows:
746		-	31-31-1203. False statement - felony. If, for the purpose of
747		-	obtaining any order, benefit, award, compensation, or payment under the
748		-	provisions of PURSUANT TO articles 30, 30.5, and 31 of this title TITLE 31,
749		-	either for self-gain or for the benefit of any other person, anyone A PERSON
750		-	willfully makes a false statement or representation material to the claim, such
751		-	THE person commits a class 5 felony CLASS 6 FELONY and, UPON
752		-	CONVICTION THEREOF
753		-	, shall be punished as provided in section 18-1.3-401,
754		-	C.R.S.,
755		-	and shall forfeit THE PERSON FORFEITS all right to compensation
756		-	under said articles upon conviction of such offense PURSUANT TO ARTICLES
757		-	30 AND 30.5 OF THIS TITLE 31 AND THIS ARTICLE 31.
758		-	SECTION 65. In Colorado Revised Statutes, amend 35-44-108 as
759		-	follows:
760		-	35-44-108. Who may take up estrays. It is unlawful for any A
761		-	person other than an authorized inspector of the state board of stock
762		-	inspection commissioners to take into custody or retain possession of any
763		-	PAGE 22-HOUSE BILL 23-1293 AN estray, except as provided in section 35-44-107. Any A person who
764		-	takes into custody and retains possession of any AN estray without notifying
765		-	the state board of stock inspection commissioners within the time as
766		-	provided in this article
767		-	ARTICLE 44 is guilty of a class 6 felony CLASS 2
768		-	MISDEMEANOR and, upon conviction thereof, shall be punished as provided
769		-	in section 18-1.3-401, C.R.S. SECTION 18-1.3-501.
770		-	SECTION 66. In Colorado Revised Statutes, 39-21-118, amend (1)
771		-	as follows:
772		-	39-21-118. Criminal penalties - repeal. (1) Any A person who
773		-	willfully attempts in any manner to evade or defeat any A tax administered
774		-	by the department or the payment thereof, in addition to other penalties
775		-	provided by law, is guilty of a class 5 felony
776		-	CLASS 6 FELONY and, upon
777		-	conviction thereof, shall be punished as provided in section 18-1.3-401
778		-	C.R.S.,
779		-	or shall be punished by a fine of not more than one hundred
780		-	thousand dollars, or five hundred thousand dollars in the case of a
781		-	corporation, or by both such fine and imprisonment, together with the costs
782		-	of prosecution.
783		-	SECTION 67. In Colorado Revised Statutes, 39-26-120, amend (2)
784		-	as follows:
785		-	39-26-120. False or fraudulent return, statement - penalty.
786		-	(2) Any
787		-	A person willfully violating any of the provisions of this section
	737	+	PERSON WHO VIOLATES SUBSECTION (1)(a) OF THIS SECTION19
	738	+	COMMITS A CLASS 6 FELONY.20
	739	+	(2) (a) It is unlawful for any person whose name is on the list21
	740	+	promulgated by the Colorado limited gaming control commission22
	741	+	pursuant to section 44-30-1703 (3) or (4) to have any personal pecuniary23
	742	+	interest, direct or indirect, in any limited gaming licensee, licensed24
	743	+	premises, establishment, or business involved in or with limited gaming25
	744	+	or in the shares in any corporation, association, or firm licensed pursuant26
	745	+	to article 30 of title 44.27
	746	+	1293
	747	+	-24- (b) A PERSON WHO VIOLATES SUBSECTION (2)(a) OF THIS SECTION1
	748	+	COMMITS A CLASS 5 FELONY.2
	749	+	(3) Any person violating the provisions of this section commits a3
	750	+	class 5 felony.4
	751	+	SECTION 60. In Colorado Revised Statutes, 19-5-213.5, amend5
	752	+	(4) as follows:6
	753	+	19-5-213.5. Unauthorized advertising for adoption purposes7
	754	+	- exceptions - penalty - definitions. (4) Unauthorized advertising of a8
	755	+	child, as described in subsection (2) of this section, is a class 6 felony9
	756	+	CLASS 2 MISDEMEANOR.10
	757	+	SECTION 61. In Colorado Revised Statutes, 24-4.1-302, amend11
	758	+	(1)(v) as follows:12
	759	+	24-4.1-302. Definitions. As used in this part 3, and for no other13
	760	+	purpose, including the expansion of the rights of any defendant:14
	761	+	(1) "Crime" means any of the following offenses, acts, and15
	762	+	violations as defined by the statutes of the state of Colorado, whether16
	763	+	committed by an adult or a juvenile:17
	764	+	(v) Aggravated robbery of controlled substances, in violation of18
	765	+	section 18-4-303, C.R.S. AS IT EXISTED PRIOR TO OCTOBER 1, 2023;19
	766	+	SECTION 62. In Colorado Revised Statutes, amend 24-22-11020
	767	+	as follows:21
	768	+	24-22-110. Personal profit on state money unlawful - penalty.22
	769	+	Any A person holding the office of state treasurer or any A person23
	770	+	employed in the department of the treasury who, directly or indirectly,24
	771	+	accepts or receives from any
	772	+	OTHER person, for himself or herself or25
	773	+	otherwise than on behalf of the state, any fee, reward, or compensation,26
	774	+	either in money or other property or thing of value, in consideration of the27
	775	+	1293
	776	+	-25- deposit or investment of state moneys MONEY with any such OTHER1
	777	+	person or in consideration of any agreement or arrangement touching2
	778	+	upon the use of state moneys MONEY commits a class 6 felony CLASS 53
	779	+	FELONY and shall be punished as provided in section 18-1.3-401. C.R.S.4
	780	+	SECTION 63. In Colorado Revised Statutes, 24-30-1406, amend5
	781	+	(1) as follows:6
	782	+	24-30-1406. Criminal liability. (1) Any person, other than a7
	783	+	bona fide employee working solely for a person providing professional8
	784	+	services, who offers, agrees, or contracts to solicit or secure for any other9
	785	+	person contracts for professional services with a state agency or state10
	786	+	institution of higher education and who, in so doing, receives any fee,11
	787	+	commission, gift, or other consideration contingent upon or resulting12
	788	+	from the making of the contract commits a class 3 felony CLASS 4 FELONY13
	789	+	and shall be punished as provided in section 18-1.3-401. C.R.S.14
	790	+	SECTION 64. In Colorado Revised Statutes, amend 31-31-120315
	791	+	as follows:16
	792	+	31-31-1203. False statement - felony. If, for the purpose of17
	793	+	obtaining any order, benefit, award, compensation, or payment under the18
	794	+	provisions of PURSUANT TO articles 30, 30.5, and 31 of this title TITLE 31,19
	795	+	either for self-gain or for the benefit of any other person, anyone A20
	796	+	PERSON willfully makes a false statement or representation material to the21
	797	+	claim, such THE person commits a class 5 felony CLASS 6 FELONY and,22
	798	+	UPON CONVICTION THEREOF , shall be punished as provided in section23
	799	+	18-1.3-401, C.R.S., and shall forfeit THE PERSON FORFEITS all right to24
	800	+	compensation under said articles upon conviction of such offense25
	801	+	PURSUANT TO ARTICLES 30 AND 30.5 OF THIS TITLE 31 AND THIS ARTICLE26
	802	+	31.27
	803	+	1293
	804	+	-26- SECTION 65. In Colorado Revised Statutes, amend 35-44-1081
	805	+	as follows:2
	806	+	35-44-108. Who may take up estrays. It is unlawful for any A3
	807	+	person other than an authorized inspector of the state board of stock4
	808	+	inspection commissioners to take into custody or retain possession of any5
	809	+	AN estray, except as provided in section 35-44-107. Any A person who6
	810	+	takes into custody and retains possession of any AN estray without7
	811	+	notifying the state board of stock inspection commissioners within the8
	812	+	time as provided in this article ARTICLE 44 is guilty of a class 6 felony9
	813	+	CLASS 2 MISDEMEANOR and, upon conviction thereof, shall be punished10
	814	+	as provided in section 18-1.3-401, C.R.S. SECTION 18-1.3-501.11
	815	+	SECTION 66. In Colorado Revised Statutes, 39-21-118, amend12
	816	+	(1) as follows:13
	817	+	39-21-118. Criminal penalties - repeal. (1) Any A person who14
	818	+	willfully attempts in any manner to evade or defeat any A tax15
	819	+	administered by the department or the payment thereof, in addition to16
	820	+	other penalties provided by law, is guilty of a class 5 felony CLASS 617
	821	+	FELONY and, upon conviction thereof, shall be punished as provided in18
	822	+	section 18-1.3-401 C.R.S., or shall be punished by a fine of not more than19
	823	+	one hundred thousand dollars, or five hundred thousand dollars in the20
	824	+	case of a corporation, or by both such fine and imprisonment, together21
	825	+	with the costs of prosecution.22
	826	+	SECTION 67. In Colorado Revised Statutes, 39-26-120, amend23
	827	+	(2) as follows:24
	828	+	39-26-120. False or fraudulent return, statement - penalty.25
	829	+	(2) Any A person willfully violating any of the provisions of this section26
788	830		is guilty of a
789	831		CLASS 5 felony Any
790		-	AND SHALL BE PUNISHED AS ~~PROVIDED IN~~
791		-	~~SECTION~~
792		-	18-1.3-401. A corporation willfully making a false return ~~or a~~
793		-	return willfully containing a false statement is guilty of a
794		-	CLASS 5 ~~felony~~
	832	+	AND SHALL BE PUNISHED AS PROVIDED27
	833	+	1293
	834	+	-27- IN SECTION 18-1.3-401. A corporation willfully making a false return or1
	835	+	a return willfully containing a false statement is guilty of a
	836	+	CLASS 5 felony2
795	837		Any
796		-	AND SHALL BE PUNISHED AS PROVIDED IN SECTION 18-1.3-401. A court
797		-	of competent jurisdiction of the county in which the offender resides, or, if
798		-	a corporation, then the county of its principal place of business, shall have
799		-	HAS jurisdiction to enforce this section.
800		-	SECTION 68. In Colorado Revised Statutes, 44-20-123, amend
801		-	(1)(b) as follows:
802		-	44-20-123. Sales activity following license denial, suspension, or
803		-	revocation - unlawful act - penalty. (1) (b) A violation of subsection
804		-	(1)(a) of this section shall be IS punishable in accordance with section
805		-	44-20-128. except that a second or subsequent violation of subsection (1)(a)
806		-	PAGE 23-HOUSE BILL 23-1293 of this section shall be a class 6 felony.
807		-	SECTION 69. In Colorado Revised Statutes, 44-20-422, amend
808		-	(1)(b) as follows:
809		-	44-20-422. Sales activity following license denial, suspension, or
810		-	revocation - unlawful act - penalty. (1) (b) A violation of subsection
811		-	(1)(a) of this section shall be IS punishable in accordance with section
812		-	44-20-429. except that a second or subsequent violation of subsection (1)(a)
813		-	of this section shall be a class 6 felony.
814		-	SECTION 70. In Colorado Revised Statutes, 44-30-821, amend (3)
815		-	as follows:
816		-	44-30-821. Cheating - definition. (3) Any person issued a license
817		-	pursuant to this article 30 violating any provision of this section commits
818		-	a class 6 felony and shall be punished as provided in section 18-1.3-401,
819		-	and any other person violating any provision of this section commits a class
820		-	2 misdemeanor and shall be punished as provided in section 18-1.3-501. If
821		-	the person is a repeating gambling offender, the person commits a class 5
822		-	felony and shall be punished as provided in section 18-1.3-401.
823		-	SECTION 71. In Colorado Revised Statutes, 44-30-824, amend (8)
824		-	as follows:
825		-	44-30-824. Use of counterfeit or unapproved chips or tokens or
826		-	unlawful coins or devices - possession of certain unlawful devices,
827		-	equipment, products, or materials. (8) Any
828		-	A person violating any
829		-	provision of this section commits a class 6 felony and shall be punished as
830		-	provided in section 18-1.3-401. except that, if the person is a repeating
831		-	gambling offender, the person commits a class 5 felony and shall be
832		-	punished as provided in section 18-1.3-401.
833		-	SECTION 72. In Colorado Revised Statutes, 44-30-825, amend (2)
834		-	as follows:
835		-	44-30-825. Cheating game and devices. (2) Any A person
836		-	violating any provision of this section commits a class 6 felony and shall be
837		-	punished as provided in section 18-1.3-401. except that, if the person is a
838		-	repeating gambling offender, the person commits a class 5 felony and shall
839		-	PAGE 24-HOUSE BILL 23-1293 be punished as provided in section 18-1.3-401.
840		-	SECTION 73. In Colorado Revised Statutes, repeal 44-30-827 as
841		-	follows:
842		-	44-30-827. Unlawful entry by excluded and ejected persons.
843		-	(1) It is unlawful for any person whose name is on the list promulgated by
844		-	the commission pursuant to section 44-30-1703 (3) or (4) to enter the
845		-	licensed premises of a limited gaming licensee.
846		-	(2) It is unlawful for any person whose name is on the list
847		-	promulgated by the commission pursuant to section 44-30-1703 (3) or (4)
848		-	to have any personal pecuniary interest, direct or indirect, in any limited
849		-	gaming licensee, licensed premises, establishment, or business involved in
850		-	or with limited gaming or in the shares in any corporation, association, or
851		-	firm licensed pursuant to this article 30.
852		-	(3) Any person violating the provisions of this section commits a
853		-	class 5 felony and shall be punished as provided in section 18-1.3-401.
854		-	SECTION 74. In Colorado Revised Statutes, 44-30-1512, amend
855		-	(3) as follows:
856		-	44-30-1512. Penalties. (3) A person purporting to issue, suspend,
857		-	revoke, or renew licenses pursuant to this part 15 or to procure or influence
858		-	the issuance, suspension, revocation, or renewal of a license for any
859		-	personal pecuniary gain or any thing of value, as defined in section
860		-	18-1-901 (3)(r), or a person violating section 44-30-1502 commits a class
861		-	3 felony CLASS 4 FELONY and shall be punished as provided in section
862		-	18-1.3-401.
863		-	SECTION 75. In Colorado Revised Statutes, 44-40-117, amend (3)
864		-	as follows:
865		-	44-40-117. Penalties. (3) Any A person issuing, suspending,
866		-	revoking, or renewing contracts pursuant to section 44-40-106 or licenses
867		-	pursuant to section 44-40-107 for any
868		-	personal pecuniary gain or any A
869		-	thing of value as defined in section 18-1-901 (3)(r), or any A person
870		-	violating any of the provisions of section 44-40-110, commits a class 3
871		-	felony CLASS 4 FELONY and shall be punished as provided in section
872		-	PAGE 25-HOUSE BILL 23-1293 18-1.3-401.
873		-	SECTION 76. Appropriation. (1) For the 2023-24 state fiscal
874		-	year, $32,170 is appropriated to the judicial department. This appropriation
875		-	is from the general fund. To implement this act, the department may use this
876		-	appropriation as follows:
877		-	(a) $24,970 for use by probation and related services for probation
878		-	programs, which amount is based on an assumption that the division will
879		-	require an additional 0.4 FTE; and
880		-	(b) $7,200 for use by courts administration for capital outlay.
881		-	SECTION 77. Effective date - applicability. This act takes effect
882		-	October 1, 2023, and applies to offenses committed on or after said date.
883		-	SECTION 78. Safety clause. The general assembly hereby finds,
884		-	PAGE 26-HOUSE BILL 23-1293 determines, and declares that this act is necessary for the immediate
885		-	preservation of the public peace, health, or safety.
886		-	____________________________ ____________________________
887		-	Julie McCluskie Steve Fenberg
888		-	SPEAKER OF THE HOUSE PRESIDENT OF
889		-	OF REPRESENTATIVES THE SENATE
890		-	____________________________ ____________________________
891		-	Robin Jones Cindi L. Markwell
892		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
893		-	OF REPRESENTATIVES THE SENATE
894		-	APPROVED________________________________________
895		-	(Date and Time)
896		-	_________________________________________
897		-	Jared S. Polis
898		-	GOVERNOR OF THE STATE OF COLORADO
899		-	PAGE 27-HOUSE BILL 23-1293
	838	+	AND SHALL BE PUNISHED AS PROVIDED IN SECTION 18-1.3-401. A3
	839	+	court of competent jurisdiction of the county in which the offender4
	840	+	resides, or, if a corporation, then the county of its principal place of5
	841	+	business, shall have HAS jurisdiction to enforce this section.6
	842	+	SECTION 68. In Colorado Revised Statutes, 44-20-123, amend7
	843	+	(1)(b) as follows:8
	844	+	44-20-123. Sales activity following license denial, suspension,9
	845	+	or revocation - unlawful act - penalty. (1) (b) A violation of subsection10
	846	+	(1)(a) of this section shall be IS punishable in accordance with section11
	847	+	44-20-128. except that a second or subsequent violation of subsection12
	848	+	(1)(a) of this section shall be a class 6 felony.13
	849	+	SECTION 69. In Colorado Revised Statutes, 44-20-422, amend14
	850	+	(1)(b) as follows:15
	851	+	44-20-422. Sales activity following license denial, suspension,16
	852	+	or revocation - unlawful act - penalty. (1) (b) A violation of subsection17
	853	+	(1)(a) of this section shall be IS punishable in accordance with section18
	854	+	44-20-429. except that a second or subsequent violation of subsection19
	855	+	(1)(a) of this section shall be a class 6 felony.20
	856	+	SECTION 70. In Colorado Revised Statutes, 44-30-821, amend21
	857	+	(3) as follows:22
	858	+	44-30-821. Cheating - definition. (3) Any person issued a23
	859	+	license pursuant to this article 30 violating any provision of this section24
	860	+	commits a class 6 felony and shall be punished as provided in section25
	861	+	18-1.3-401, and any other person violating any provision of this section26
	862	+	commits a class 2 misdemeanor and shall be punished as provided in27
	863	+	1293
	864	+	-28- section 18-1.3-501. If the person is a repeating gambling offender, the1
	865	+	person commits a class 5 felony and shall be punished as provided in2
	866	+	section 18-1.3-401.3
	867	+	SECTION 71. In Colorado Revised Statutes, 44-30-824, amend4
	868	+	(8) as follows:5
	869	+	44-30-824. Use of counterfeit or unapproved chips or tokens6
	870	+	or unlawful coins or devices - possession of certain unlawful devices,7
	871	+	equipment, products, or materials. (8) Any A person violating any8
	872	+	provision of this section commits a class 6 felony and shall be punished9
	873	+	as provided in section 18-1.3-401. except that, if the person is a repeating10
	874	+	gambling offender, the person commits a class 5 felony and shall be11
	875	+	punished as provided in section 18-1.3-401.12
	876	+	SECTION 72. In Colorado Revised Statutes, 44-30-825, amend13
	877	+	(2) as follows:14
	878	+	44-30-825. Cheating game and devices. (2) Any A person15
	879	+	violating any provision of this section commits a class 6 felony and shall16
	880	+	be punished as provided in section 18-1.3-401. except that, if the person17
	881	+	is a repeating gambling offender, the person commits a class 5 felony and18
	882	+	shall be punished as provided in section 18-1.3-401.19
	883	+	SECTION 73. In Colorado Revised Statutes, repeal 44-30-82720
	884	+	as follows:21
	885	+	44-30-827. Unlawful entry by excluded and ejected persons.22
	886	+	(1) It is unlawful for any person whose name is on the list promulgated23
	887	+	by the commission pursuant to section 44-30-1703 (3) or (4) to enter the24
	888	+	licensed premises of a limited gaming licensee.25
	889	+	(2) It is unlawful for any person whose name is on the list26
	890	+	promulgated by the commission pursuant to section 44-30-1703 (3) or (4)27
	891	+	1293
	892	+	-29- to have any personal pecuniary interest, direct or indirect, in any limited1
	893	+	gaming licensee, licensed premises, establishment, or business involved2
	894	+	in or with limited gaming or in the shares in any corporation, association,3
	895	+	or firm licensed pursuant to this article 30.4
	896	+	(3) Any person violating the provisions of this section commits a5
	897	+	class 5 felony and shall be punished as provided in section 18-1.3-401.6
	898	+	SECTION 74. In Colorado Revised Statutes, 44-30-1512, amend7
	899	+	(3) as follows:8
	900	+	44-30-1512. Penalties. (3) A person purporting to issue, suspend,9
	901	+	revoke, or renew licenses pursuant to this part 15 or to procure or10
	902	+	influence the issuance, suspension, revocation, or renewal of a license for11
	903	+	any personal pecuniary gain or any thing of value, as defined in section12
	904	+	18-1-901 (3)(r), or a person violating section 44-30-1502 commits a class13
	905	+	3 felony CLASS 4 FELONY and shall be punished as provided in section14
	906	+	18-1.3-401.15
	907	+	SECTION 75. In Colorado Revised Statutes, 44-40-117, amend16
	908	+	(3) as follows:17
	909	+	44-40-117. Penalties. (3) Any A person issuing, suspending,18
	910	+	revoking, or renewing contracts pursuant to section 44-40-106 or licenses19
	911	+	pursuant to section 44-40-107 for any personal pecuniary gain or any A20
	912	+	thing of value as defined in section 18-1-901 (3)(r), or any A person21
	913	+	violating any of the provisions of section 44-40-110, commits a class 322
	914	+	felony CLASS 4 FELONY and shall be punished as provided in section23
	915	+	18-1.3-401.24
	916	+	SECTION 76. Appropriation. (1) For the 2023-24 state fiscal25
	917	+	year, $32,170 is appropriated to the judicial department. This26
	918	+	appropriation is from the general fund. To implement this act, the27
	919	+	1293
	920	+	-30- department may use this appropriation as follows:1
	921	+	(a) $24,970 for use by probation and related services for probation2
	922	+	programs, which amount is based on an assumption that the division will3
	923	+	require an additional 0.4 FTE; and4
	924	+	(b) $7,200 for use by courts administration for capital outlay.5
	925	+	SECTION 77. Effective date - applicability. This act takes6
	926	+	effect October 1, 2023, and applies to offenses committed on or after said7
	927	+	date.8
	928	+	SECTION 78. Safety clause. The general assembly hereby finds,9
	929	+	determines, and declares that this act is necessary for the immediate10
	930	+	preservation of the public peace, health, or safety.11
	931	+	1293
	932	+	-31-