HOUSE BILL 23-1293
BY REPRESENTATIVE(S) Weissman and Soper, Armagost, Jodeh,
Marshall, Weinberg;
also SENATOR(S) Gonzales and Gardner, Priola.
C
ONCERNING THE ADOPTION OF THE 2023 RECOMMENDATIONS OF THE
COLORADO COMMISSION ON CRIMINAL AND JUVENILE JUSTICE
REGARDING FELONY SENTENCING
, AND, IN CONNECTION THEREWITH,
MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, amend 8-43-402 as
follows:
8-43-402. False statement - felony. If, for the purpose of obtaining
any
AN order, benefit, award, compensation, or payment under PURSUANT
TO
the provisions of articles 40 to 47 of this title
TITLE 8, either for self-gain
or for the benefit of any other person, anyone willfully makes a false
statement or representation material to the claim, such person commits a
class 5 felony
CLASS 6 FELONY and shall be punished as provided in section
18-1.3-401, C.R.S., and shall forfeit FORFEITS all right to compensation
under said articles upon conviction of such THE offense.
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. SECTION 2. In Colorado Revised Statutes, 13-10-126, amend
(2)(a)(I)(A) as follows:
13-10-126. Prostitution offender program authorized - reports.
(2) A program created and administered by a municipal or county court or
multiple municipal or county courts pursuant to subsection (1) of this
section must:
(a) Permit enrollment in the program only by an offender who
either:
(I) (A) Has no prior convictions or any charges pending for any
felony; for any offense described in section 18-3-305
OR 18-3-306, or
18-13-128, C.R.S., in part 4 or 5 of article 3 of title 18, C.R.S., in part 3, 4,
6, 7, or 8 of article 6 of title 18, C.R.S., in section 18-7-203 or 18-7-206,
C.R.S., or in part 3, 4, or 5 of article 7 of title 18; C.R.S.; or for any offense
committed in another state that would constitute such an offense if
committed in this state; and
SECTION 3. In Colorado Revised Statutes, 16-8-115, amend (3)(c)
as follows:
16-8-115. Release from commitment after verdict of not guilty
by reason of insanity or not guilty by reason of impaired mental
condition. (3) (c) A defendant who has been conditionally released remains
under the supervision of the department of human services until the
committing court enters a final order of unconditional release. When a
defendant fails to comply with any conditions of his release requiring him
to establish, maintain, and reside at a specific residence and his whereabouts
have therefore become unknown to the authorities charged with his
supervision or when the defendant leaves the state of Colorado without the
consent of the committing court, the defendant's absence from supervision
shall constitute escape
UNAUTHORIZED ABSENCE , as defined in section
18-8-208, C.R.S. 18-8-208.2. Such offense occurs in the county in which
the defendant is authorized to reside.
SECTION 4. In Colorado Revised Statutes, 18-1.3-201, amend
(2.5)(b) introductory portion and (2.5)(b)(IX) as follows:
PAGE 2-HOUSE BILL 23-1293 18-1.3-201. Application for probation. (2.5) (b) Except as
described in paragraph (a) of subsection (4) SUBSECTION (4)(a) of this
section, a person who has been twice or more convicted of a felony upon
charges separately brought and tried and arising out of separate and distinct
criminal episodes under the laws of this state, any other state, or the United
States prior to the conviction on which his or her
THE PERSON'S application
is based shall not be IS NOT eligible for probation if the current conviction
or a prior conviction is for:
(IX) Aggravated robbery, as described in section 18-4-302 or
AGGRAVATED ROBBERY OF CONTROLLED SUBSTANCES , AS DESCRIBED IN
SECTION
18-4-303 AS IT EXISTED PRIOR TO OCTOBER 1, 2023;
SECTION 5. In Colorado Revised Statutes, 18-3-203, amend
(1)(f.5)(I), (2)(c)(I), and (2)(c)(II) as follows:
18-3-203. Assault in the second degree. (1) A person commits the
crime of assault in the second degree if:
(f.5) (I) While lawfully confined in a detention facility within this
state, a person
AN ACTOR with intent to infect, injure, OR harm harass,
annoy, threaten, or alarm a person in a detention facility whom the actor
knows or reasonably should know to be an employee of a detention facility,
causes such employee to come into contact with blood, seminal fluid, urine,
feces, saliva, mucus, vomit, or any toxic, caustic, or hazardous material by
any means, including, but not limited to, throwing, tossing, or expelling
such fluid or material.
(2) (c) (I) If a defendant is convicted of assault in the second degree
pursuant to paragraph (c.5) of subsection (1) of this section or paragraph
(b.5) of this subsection (2) SUBSECTION (2)(b.5) OF THIS SECTION, except
with respect to sexual assault or sexual assault in the first degree as it
existed prior to July 1, 2000, the court shall sentence the defendant in
accordance with the provisions of section 18-1.3-406. A defendant
convicted of assault in the second degree pursuant to paragraph (b.5) of this
subsection (2) with respect to sexual assault or sexual assault in the first
degree as it existed prior to July 1, 2000, shall be sentenced in accordance
with section 18-1.3-401 (8)(e) or (8)(e.5).
(II) If a defendant is convicted of assault in the second degree
PAGE 3-HOUSE BILL 23-1293 pursuant to paragraph (b), (c), (d), or (g) of subsection (1) SUBSECTION
(1)(b), (1)(c.5), (1)(d), OR (1)(g) of this section, the court shall sentence the
offender DEFENDANT in accordance with section 18-1.3-406; except that,
notwithstanding the provisions of section 18-1.3-406, the court is not
required to sentence the defendant to the department of corrections for a
mandatory term of incarceration.
SECTION 6. In Colorado Revised Statutes, 18-3-302, amend (1)
and (3) as follows:
18-3-302. Second degree kidnapping. (1) Any
A person who
knowingly seizes and carries any A person from one place to another,
without his THE PERSON'S consent and without lawful justification, AND
SUCH MOVEMENT INCREASES THE RISK OF HARM TO THE PERSON
, commits
second degree kidnapping.
(3) Second degree kidnapping is a class 2 felony if any of the
following circumstances exist:
(a) The person kidnapped is a victim of a sexual offense pursuant to
part 4 of this article; or
ARTICLE 3;
(b) The person kidnapped is a victim of a robbery;
OR
(c) THE KIDNAPPING WAS A VIOLATION OF SUBSECTION (2) OF THIS
SECTION
.
SECTION 7. In Colorado Revised Statutes, 18-4-102, amend (2)
as follows:
18-4-102. First degree arson. (2) First degree arson is a class 3
felony
IF THE ARSON IS OF AN OCCUPIED STRUCTURE , AND IT IS A CLASS 4
FELONY IF THE ARSON IS OF A BUILDING.
SECTION 8. In Colorado Revised Statutes, 18-4-104, amend (2)
as follows:
18-4-104. Third degree arson. (2) Third degree arson is a class 4
felony CLASS 5 FELONY.
PAGE 4-HOUSE BILL 23-1293 SECTION 9. In Colorado Revised Statutes, 18-4-202, repeal (3)
as follows:
18-4-202. First degree burglary. (3) If under the circumstances
stated in subsection (1) of this section the property involved is a controlled
substance, as defined in section 18-18-102 (5), within a pharmacy or other
place having lawful possession thereof, such person commits first degree
burglary of controlled substances, which is a class 2 felony.
SECTION 10. In Colorado Revised Statutes, 18-4-203, amend
(2)(a); and add (2)(d) as follows:
18-4-203. Second degree burglary. (2) (a) Except as provided in
subsection (2)(b) or (2)(c) of this section, Second degree burglary is a class
4 felony
IF THE BURGLARY IS OF AN OCCUPIED STRUCTURE OR OF A BUILDING
BEING USED FOR THE OPERATION OF A COMMERCIAL BUSINESS
.
(d) S
ECOND DEGREE BURGLARY IS A CLASS 5 FELONY IF THE
BURGLARY IS OF ANY OTHER BUILDING NOT DESCRIBED IN SUBSECTION
(2)(a), (2)(b) OR (2)(c) OF THIS SECTION.
SECTION 11. In Colorado Revised Statutes, repeal 18-4-303 as
follows:
18-4-303. Aggravated robbery of controlled substances. (1) A
person who takes any controlled substance, as defined in section 18-18-102
(5), from any pharmacy or other place having lawful possession thereof or
from any pharmacist or other person having lawful possession thereof under
the aggravating circumstances defined in section 18-4-302 is guilty of
aggravated robbery of controlled substances.
(2) Aggravated robbery of controlled substances is a class 2 felony.
SECTION 12. In Colorado Revised Statutes, 18-4-408, amend
(3)(a) as follows:
18-4-408. Theft of trade secrets - penalty. (3) (a) Theft of a trade
secret is a class 2 misdemeanor. A second or subsequent offense under this
section committed within five years after the date of a prior conviction is a
class 5 felony.
PAGE 5-HOUSE BILL 23-1293 SECTION 13. In Colorado Revised Statutes, 18-4-412, amend (3)
as follows:
18-4-412. Theft of medical records or medical information -
penalty - definitions. (3) Theft of a medical record or medical information
is a class 6 felony CLASS 1 MISDEMEANOR; EXCEPT THAT IF THE PERSON
STEALS OR DISCLOSES THE MEDICAL RECORD OR INFORMATION TO AN
UNAUTHORIZED PERSON
, IT IS A CLASS 5 FELONY.
SECTION 14. In Colorado Revised Statutes, 18-4-503, amend
(2)(a) as follows:
18-4-503. Second degree criminal trespass. (2) (a) Second degree
criminal trespass in violation of subsection (1)(a) or (1)(b) of this section
is a petty offense, but it is a class 4 felony
CLASS 5 FELONY if the person
trespasses on premises so classified as agricultural land with the intent to
commit a felony thereon.
SECTION 15. In Colorado Revised Statutes, 18-4-504, amend
(2)(b) as follows:
18-4-504. Third degree criminal trespass. (2) Third degree
criminal trespass is a petty offense, but:
(b) It is a class 5 felony if the person trespasses on premises so
classified as agricultural land with the intent to commit a felony thereon;
EXCEPT THAT IT IS A CLASS 6 FELONY IF THE AGRICULTURAL LAND DID NOT
HAVE A FENCE SECURING THE PERIMETER
.
SECTION 16. In Colorado Revised Statutes, 18-5-102, amend (1)
introductory portion and (1)(c) as follows:
18-5-102. Forgery. (1) A person commits forgery, if, with intent
to defraud, such
THE person falsely makes, completes, alters, or utters a
written instrument which THAT is or purports to be, or which THAT is
calculated to become or to represent if completed:
(c) A deed, will, codicil, contract, assignment, commercial
instrument, promissory note, check, or other instrument which THAT does
or may evidence, create, transfer, terminate, or otherwise affect a legal right,
PAGE 6-HOUSE BILL 23-1293 interest, obligation, or status; or
SECTION 17. In Colorado Revised Statutes, 18-5-109, amend (2)
as follows:
18-5-109. Criminal possession of forgery devices. (2) Criminal
possession of forgery devices:
(a) C
OMMITTED IN VIOLATION OF SUBSECTION (1)(a), (1)(b), OR
(1)(d) OF THIS SECTION IS A CLASS 5 FELONY;
(b) C
OMMITTED IN VIOLATION OF SUBSECTION (1)(c) OF THIS
SECTION
is a class 6 felony.
SECTION 18. In Colorado Revised Statutes, 18-5-113, amend
(2)(a); and add (2)(a.5) as follows:
18-5-113. Criminal impersonation. (2) (a) Criminal impersonation
in violation of subsection (1)(a)
SUBSECTION (1)(a)(III) or (1)(b)(I) of this
section is a class 6 felony.
(a.5) C
RIMINAL IMPERSONATION IN VIOLATION OF SUBSECTION
(1)(a)(I) or (1)(a)(II) OF THIS SECTION IS A CLASS 5 FELONY.
SECTION 19. In Colorado Revised Statutes, 18-5-211, amend (4)
as follows:
18-5-211. Insurance fraud - definitions. (4) (a) Insurance fraud
committed in violation of subsection (1)(a) of this section is a class 2
misdemeanor.
(b) Insurance fraud committed in violation of subsections (1)(b) to
(1)(e)
OR SUBSECTION (3) OF THIS SECTION IS A CLASS 6 FELONY.
(c) I
NSURANCE FRAUD COMMITTED IN VIOLATION OF subsection (2)
or (3)
of this section is a class 5 felony.
SECTION 20. In Colorado Revised Statutes, amend 18-5-506 as
follows:
PAGE 7-HOUSE BILL 23-1293 18-5-506. Fraudulent receipt - penalty. A warehouse, as defined
in section 4-7-102 (a)(13), C.R.S., or any officer, agent, or servant of a
warehouse, that issues or aids in issuing a receipt knowing that the goods
for which the receipt is issued have not been actually received by the
warehouse, or are not under the warehouse's actual control at the time of
issuing the receipt, commits a class 6 felony
CLASS 2 MISDEMEANOR.
SECTION 21. In Colorado Revised Statutes, 18-5-706, amend (2)
as follows:
18-5-706. Criminal possession of forgery devices. (2) Possession
of a forgery device is a class 6 felony CLASS 5 FELONY.
SECTION 22. In Colorado Revised Statutes, 18-5-902, amend
(2)(b); and repeal (3) as follows:
18-5-902. Identity theft. (2) (b) Identity theft in violation of
subsection (1)(b), (1)(d), or (1)(e) of this section is a class 2 misdemeanor;
except that it is a class 6 felony
CLASS 5 FELONY if the person possesses
three or more financial devices or the personal or financial identifying
information of three or more persons.
(3) The court shall be required to sentence the defendant to the
department of corrections for a term of at least the minimum of the
presumptive range and may sentence the defendant to a maximum of twice
the presumptive range if:
(a) The defendant is convicted of identity theft or of attempt,
conspiracy, or solicitation to commit identity theft; and
(b) The defendant has a prior conviction for a violation of this part
9 or a prior conviction for an offense committed in any other state, the
United States, or any other territory subject to the jurisdiction of the United
States that would constitute a violation of this part 9 if committed in this
state, or for attempt, conspiracy, or solicitation to commit a violation of this
part 9 or for attempt, conspiracy, or solicitation to commit an offense in
another jurisdiction that would constitute a violation of this part 9 if
committed in this state.
SECTION 23. In Colorado Revised Statutes, 18-5-903, amend (2)
PAGE 8-HOUSE BILL 23-1293 as follows:
18-5-903. Criminal possession of a financial device.
(2) (a) E
XCEPT AS PROVIDED IN SUBSECTION (2)(c) OF THIS SECTION,
criminal possession of one
OR MORE financial device
DEVICES is a class 2
misdemeanor.
(b) Criminal possession of two or more financial devices is a class
6 felony.
(c) Criminal possession of four THREE or more financial devices, of
which at least two are issued to different account holders, is a class 5
felony.
SECTION 24. In Colorado Revised Statutes, 18-5.5-102, amend
(3)(b) as follows:
18-5.5-102. Cybercrime. (3) (b) Cybercrime committed in
violation of subsection (1)(a) of this section is a class 2 misdemeanor.
except that, if the person has previously been convicted under this section
or of any criminal act committed in any jurisdiction of the United States
which, if committed in this state, would be a felony under this statute,
cybercrime committed in violation of subsection (1)(a) of this section is a
class 6 felony.
SECTION 25. In Colorado Revised Statutes, amend 18-8-110 as
follows:
18-8-110. False report of explosives, weapons, or harmful
substances. Any person who reports to any other person that a bomb or
other explosive, any chemical or biological agent, any poison or weapon, or
any harmful radioactive substance has been placed in any public or private
place or vehicle designed for the transportation of persons or property,
knowing that the report is false, commits a class 6 felony
CLASS 5 FELONY.
SECTION 26. In Colorado Revised Statutes, 18-8-112, amend (2)
as follows:
18-8-112. Impersonating a peace officer. (2) Impersonating a
peace officer is a class 6 felony CLASS 5 FELONY.
PAGE 9-HOUSE BILL 23-1293 SECTION 27. In Colorado Revised Statutes, 18-8-208.2, amend
(1) introductory portion as follows:
18-8-208.2. Unauthorized absence. (1) A person who is serving
a direct sentence to a community corrections program pursuant to section
18-1.3-301; transitioning from the department of corrections to a
community corrections program or placed in an intensive supervision
program pursuant to section 17-27.5-101; participating in a work release or
home detention program pursuant to 18-1.3-106 (1.1), intensive supervision
program, or any other similar authorized supervised or unsupervised
absence from a detention facility as defined in section 18-8-203 (3);
TRANSITIONING FROM THE DEPARTMENT OF HUMAN SERVICES TO A
RESIDENTIAL FACILITY OR PROGRAM PURSUANT TO SECTION
16-8-115 OR
16-8-118; or is housed in a staff secure facility as defined in section
19-2.5-102 commits the crime of unauthorized absence if the person
knowingly:
SECTION 28. In Colorado Revised Statutes, 18-8-211, amend
(2)(b) as follows:
18-8-211. Riots in detention facilities. (2) Active participation in
a riot by any person while confined in any detention facility within the state:
(b) Is a
CLASS 4 felony if the participant does not employ any such
weapon or device in the course of such participation. and, upon conviction
thereof, the punishment shall be imprisonment in a detention facility for not
less than two years nor more than ten years.
SECTION 29. In Colorado Revised Statutes, 18-8-303, amend (1)
introductory portion as follows:
18-8-303. Compensation for past official behavior. (1) A person
commits a class 6 felony, CLASS 4 FELONY if he THE PERSON:
SECTION 30. In Colorado Revised Statutes, 18-8-307, amend (4)
as follows:
18-8-307. Designation of supplier prohibited. (4) Any public
servant who violates the provisions of subsection (1) of this section
commits a class 6 felony
CLASS 5 FELONY.
PAGE 10-HOUSE BILL 23-1293 SECTION 31. In Colorado Revised Statutes, 18-8-402, amend (2)
as follows:
18-8-402. Misuse of official information. (2) Misuse of official
information is a class 6 felony CLASS 5 FELONY.
SECTION 32. In Colorado Revised Statutes, 18-8-609, amend (2)
as follows:
18-8-609. Jury-tampering. (2) Jury-tampering is a class 5 felony;
except that jury-tampering in any class 1 felony trial is a class 4 felony.
SECTION 33. In Colorado Revised Statutes, 18-8-706, amend (2)
as follows:
18-8-706. Retaliation against a witness or victim. (2) Retaliation
against a witness or victim is a class 3 felony CLASS 4 FELONY.
SECTION 34. In Colorado Revised Statutes, add 18-8-706.3 as
follows:
18-8-706.3. Aggravated retaliation against a witness or victim.
(1) A
PERSON COMMITS THE CRIME OF AGGRAVATED RETALIATION AGAINST
A WITNESS OR VICTIM IF
, DURING THE ACT OF RETALIATION, THE PERSON:
(a) I
S ARMED WITH A DEADLY WEAPON WITH THE INTENT , IF
RESISTED
, TO KILL, MAIM, OR WOUND THE PERSON BEING RETALIATED
AGAINST OR ANY OTHER PERSON
; OR
(b) KNOWINGLY WOUNDS WITH A DEADLY WEAPON THE PERSON
BEING RETALIATED AGAINST OR ANY OTHER PERSON
; OR
(c) BY THE USE OF FORCE, THREATS, OR INTIMIDATION WITH A
DEADLY WEAPON
, KNOWINGLY PUTS THE PERSON BEING RETALIATED
AGAINST OR ANY OTHER PERSON IN REASONABLE FEAR OF DEATH OR BODILY
INJURY
.
(2) A
GGRAVATED RETALIATION AGAINST A WITNESS OR VICTIM IS A
CLASS
3 FELONY.
PAGE 11-HOUSE BILL 23-1293 SECTION 35. In Colorado Revised Statutes, 18-9-116.5, repeal
(2)(b) as follows:
18-9-116.5. Vehicular eluding. (2) (b) Notwithstanding section
18-1.3-401, the minimum sentence within the presumptive range for a
violation of this section shall be increased as follows:
(I) For a class 5 felony, the minimum fine shall be two thousand
dollars;
(II) For a class 4 felony, the minimum fine shall be four thousand
dollars; and
(III) For a class 3 felony, the minimum fine shall be six thousand
dollars.
SECTION 36. In Colorado Revised Statutes, 18-9-119, amend (5)
and (7) as follows:
18-9-119. Failure or refusal to leave premises or property upon
request of a peace officer - penalties - payment of costs. (5) Any person
who violates subsection (2) of this section and who, in the same criminal
episode, knowingly holds another person hostage or who confines or detains
such other person through the possession, use, or threatened use of a deadly
weapon, without the other person's consent, and without proper legal
authority commits a class 4 felony
CLASS 3 FELONY.
(7) Any person who violates subsection (2) of this section and who,
in the same criminal episode, knowingly holds another person hostage or
confines or detains such other person by knowingly causing such other
person to reasonably believe that he
THE PERSON possesses a deadly weapon
commits a class 5 felony CLASS 4 FELONY.
SECTION 37. In Colorado Revised Statutes, 18-9-202, amend
(2)(c) as follows:
18-9-202. Cruelty to animals - aggravated cruelty to animals -
service animals - short title. (2) (c) Aggravated cruelty to animals is a
class 6 felony; except that a second or subsequent conviction for the offense
of aggravated cruelty to animals is a class 5 felony. A plea of nolo
PAGE 12-HOUSE BILL 23-1293 contendere accepted by the court shall be considered a conviction for
purposes of this section CLASS 4 FELONY.
SECTION 38. In Colorado Revised Statutes, 18-9-204, amend (2)
as follows:
18-9-204. Animal fighting - penalty. (2) (a) Except as described
in paragraph (b) of this subsection (2), A person who violates the provisions
of this section commits a class 5 felony and, in addition to the punishment
provided in section 18-1.3-401, the court shall impose upon the person a
mandatory fine of at least one thousand dollars.
(b) A person who commits a second or subsequent violation of this
section commits a class 4 felony and, in addition to the punishment
provided in section 18-1.3-401, the court shall impose upon the person a
mandatory fine of at least five thousand dollars.
SECTION 39. In Colorado Revised Statutes, amend 18-9-302 as
follows:
18-9-302. Wiretapping and eavesdropping devices prohibited -
penalty. Any person who manufactures, buys, sells, or knowingly has in the
person's possession any instrument, device, contrivance, machine, or
apparatus designed or commonly used for wiretapping or eavesdropping, as
prohibited in sections 18-9-303 and 18-9-304, with the intent to unlawfully
use or employ or allow the same to be so used or employed, or who
knowingly aids, authorizes, agrees with, employs, permits, or conspires with
any
OTHER person to unlawfully manufacture, buy, sell, or have the same in
the person's possession is guilty of a petty offense. Upon commission of a
second or subsequent offense, any person committing the same commits a
class 5 felony.
SECTION 40. In Colorado Revised Statutes, 18-9-303, amend (2)
as follows:
18-9-303. Wiretapping prohibited - penalty. (2) Wiretapping is
a class 6 felony; except that, if the wiretapping involves a cordless
telephone, it is a class 2 misdemeanor.
SECTION 41. In Colorado Revised Statutes, 18-9-309, amend
PAGE 13-HOUSE BILL 23-1293 (4)(a) introductory portion and (4)(b); and repeal (2.5) as follows:
18-9-309. Telecommunications crime. (2.5) A person commits a
class 6 felony if, within five years after a previous violation of subsection
(2) of this section, the person commits a second or subsequent violation of
subsection (2) of this section; except that a second or subsequent violation
of subsection (2) of this section involving knowingly using cloning
equipment to create a cloned cellular phone, as described in paragraph (b)
of subsection (2) of this section, is a class 4 felony.
(4) (a) A person commits a class 4 felony CLASS 2 MISDEMEANOR if
he or she THE PERSON knowingly uses cloning equipment to:
(b) A person commits a class 4 felony CLASS 2 MISDEMEANOR if he
or she THE PERSON aids, abets, advises, or encourages one or more persons
who engage in the activities described in paragraph (a) of this subsection (4)
SUBSECTION (4)(a) OF THIS SECTION.
SECTION 42. In Colorado Revised Statutes, 18-10-103, amend (2)
as follows:
18-10-103. Gambling - professional gambling - offenses. (2) A
person who engages in professional gambling commits a class 2
misdemeanor. If the offender is a repeating gambling offender, it is a class
5 felony.
SECTION 43. In Colorado Revised Statutes, 18-10-105, amend (2)
as follows:
18-10-105. Possession of a gambling device or record.
(2) Possession of a gambling device or record or violation of subsection
(1.5) of this section is a class 2 misdemeanor. If the offender is a repeating
gambling offender, it is a class 6 felony.
SECTION 44. In Colorado Revised Statutes, 18-10-106, amend (1)
as follows:
18-10-106. Gambling information. (1) Whoever knowingly
transmits or receives gambling information by telephone, telegraph, radio,
semaphore, or other means or knowingly installs or maintains equipment for
PAGE 14-HOUSE BILL 23-1293 the transmission or receipt of gambling information commits a class 2
misdemeanor. If the offender is a repeating gambling offender, it is a class
6 felony.
SECTION 45. In Colorado Revised Statutes, 18-12-102, amend
(1), (2), and (3) as follows:
18-12-102. Possessing a dangerous or illegal weapon -
affirmative defense - definition. (1) As used in this section, the term
"dangerous weapon" means a firearm silencer, machine gun, short shotgun,
OR short rifle. or ballistic knife.
(2) As used in this section, the term "illegal weapon" means a
blackjack, a gas gun, BALLISTIC KNIFE, or metallic knuckles.
(3) A person who knowingly possesses a dangerous weapon
commits a class 5 felony. Each subsequent violation of this subsection (3)
by the same person shall be a class 4 felony.
SECTION 46. In Colorado Revised Statutes, 18-12-105.5, amend
(1) as follows:
18-12-105.5. Unlawfully carrying a weapon - unlawful
possession of weapons - school, college, or university grounds. (1) (a) A
person commits a class 6 felony if such person SHALL NOT knowingly and
unlawfully and without legal authority carries, brings, or has in such CARRY,
BRING, OR HAVE IN THE person's possession a deadly weapon as defined in
section 18-1-901 (3)(e) in or on the real estate and all improvements erected
thereon of any public or private elementary, middle, junior high, high, or
vocational school or any public or private college, university, or seminary,
except for the purpose of presenting an authorized public demonstration or
exhibition pursuant to instruction in conjunction with an organized school
or class, for the purpose of carrying out the necessary duties and functions
of an employee of an educational institution that require the use of a deadly
weapon, or for the purpose of participation in an authorized extracurricular
activity or on an athletic team.
(b) (I) A
PERSON WHO VIOLATES SUBSECTION (1)(a) OF THIS SECTION
COMMITS A CLASS
6 FELONY IF THE WEAPON INVOLVED IS A DEADLY WEAPON
OTHER THAN A FIREARM
, AS DEFINED IN SECTION 18-1-901.
PAGE 15-HOUSE BILL 23-1293 (II) A PERSON WHO VIOLATES SUBSECTION (1)(a) OF THIS SECTION
COMMITS A CLASS
5 FELONY IF THE WEAPON INVOLVED IS A FIREARM , AS
DEFINED IN SECTION
18-1-901.
SECTION 47. In Colorado Revised Statutes, 18-12-108, amend (7)
introductory portion and (7)(bbb); and repeal (7)(eee) as follows:
18-12-108. Possession of weapons by previous offenders. (7) In
addition to a conviction for felony crime as defined in section 24-4.1-302
(1), a felony conviction or adjudication for one of the following felonies
prohibits a person from possessing, using, or carrying upon his or her
THE
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:
(bbb) Dueling in violation of section 18-13-104
IF COMMITTED ON
OR BEFORE
OCTOBER 1, 2023;
(eee) Smuggling of a human in violation of section 18-13-128;
SECTION 48. In Colorado Revised Statutes, 18-12-109, amend
(2), (2.5), (5), (5.5), (6), and (6.5) as follows:
18-12-109. Possession, use, or removal of explosives or
incendiary devices - possession of components thereof - chemical,
biological, and nuclear weapons - persons exempt - hoaxes. (2) (a) Any
person who knowingly possesses
OR controls manufactures, gives, mails,
sends, or causes to be sent an explosive or incendiary device commits a
class 4 felony CLASS 5 FELONY.
(b) A
NY PERSON WHO KNOWINGLY MANUFACTURERS , GIVES, MAILS,
SENDS, OR CAUSES TO BE SENT AN EXPLOSIVE OR INCENDIARY DEVICE
COMMITS A CLASS
4 FELONY.
(2.5) (a) Any person who knowingly possesses
OR controls
manufacturers, gives, mails, sends, or causes to be sent
a chemical,
biological, or radiological weapon commits a class 3 felony CLASS 4
FELONY.
(b) A
NY PERSON WHO KNOWINGLY MANUFACTURERS , GIVES, MAILS,
PAGE 16-HOUSE BILL 23-1293 SENDS, OR CAUSES TO BE SENT A CHEMICAL , BIOLOGICAL, OR NUCLEAR
WEAPON COMMITS A CLASS
3 FELONY.
(5) Any person who removes or causes to be removed or carries
away any explosive or incendiary device from the premises where said
THE
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
offense shall be subjected to a mandatory minimum sentence of two years
in the department of corrections.
(5.5) Any person who removes or causes to be removed or carries
away any chemical, biological, or radiological weapon from the premises
where said
THE chemical, biological, or radiological weapon is kept by the
lawful user, vendor, transporter, or manufacturer thereof, without the
consent or direction of the lawful possessor, commits a class 3 felony. A
person convicted of this offense shall be subject to a mandatory minimum
sentence of four years in the department of corrections.
(6) Any person who possesses any explosive or incendiary parts
commits a class 4 felony CLASS 5 FELONY.
(6.5) Any person who possesses any chemical weapon, biological
weapon, or radiological NUCLEAR weapon parts commits a class 3 felony
CLASS 4 FELONY.
SECTION 49. In Colorado Revised Statutes, 18-13-104, amend (2)
as follows:
18-13-104. Fighting by agreement - dueling. (2) Persons who by
agreement engage in a fight with deadly weapons, whether in a public or
private place, commit dueling. which
DUELING is a class 4 felony CLASS 1
MISDEMEANOR.
SECTION 50. In Colorado Revised Statutes, 18-13-112, amend (3)
as follows:
18-13-112. Hazardous waste violations. (3) (a) Any A person who
violates any provision of this section BY INTENTIONALLY SPILLING
HAZARDOUS WASTE
commits a class 4 felony.
PAGE 17-HOUSE BILL 23-1293 (b) A PERSON WHO VIOLATES THIS SECTION BY ABANDONING A
VEHICLE CONTAINING HAZARDOUS WASTE COMMITS A CLASS
5 FELONY.
SECTION 51. In Colorado Revised Statutes, 18-13-114, amend
(6)(a) as follows:
18-13-114. Sale of secondhand property - record - inspection -
crime - definitions. (6) (a) Any secondhand dealer who violates any of theprovisions of subsection (1) or (2) of this section commits a petty offense.
Upon a second or subsequent conviction for a violation of subsection (1) or
(2) of this section within three years of the date of a prior conviction, a
secondhand dealer commits a class 5 felony.
SECTION 52. In Colorado Revised Statutes, 18-13-123, amend (5)
as follows:
18-13-123. Unlawful administration of gamma hydroxybutyrate
(GHB) or ketamine. (5) Violation of the provisions of subsection (3) of
this section is a class 3 felony. except that such violation is a class 2 felony
if the violation is subsequent to a prior conviction for a violation of
subsection (3) of this section or section 18-18-405 where the controlled
substance was gamma hydroxybutyrate (GHB) or ketamine or the
immediate chemical precursors or chemical analogs for either of such
substances.
SECTION 53. In Colorado Revised Statutes, repeal 18-13-128 as
follows:
18-13-128. Smuggling of humans. (1) A person commits
smuggling of humans if, for the purpose of assisting another person to enter,
remain in, or travel through the United States or the state of Colorado in
violation of immigration laws, he or she provides or agrees to provide
transportation to that person in exchange for money or any other thing of
value.
(2) Smuggling of humans is a class 3 felony.
(3) A person commits a separate offense for each person to whom
he or she provides or agrees to provide transportation in violation of
subsection (1) of this section.
PAGE 18-HOUSE BILL 23-1293 (4) Notwithstanding the provisions of section 18-1-202, smuggling
of humans offenses may be tried in any county in the state where a person
who is illegally present in the United States who is a subject of the action
is found.
SECTION 54. In Colorado Revised Statutes, 18-17-103, amend
(5)(b) introductory portion and (5)(b)(II) as follows:
18-17-103. Definitions. As used in this article 17, unless the context
otherwise requires:
(5) "Racketeering activity" means to commit, to attempt to commit,
to conspire to commit, or to solicit, coerce, or intimidate another person to
commit:
(b) Any violation of the following provisions of the Colorado
statutes or any criminal act committed in any jurisdiction of the United
States which
THAT, if committed in this state, would be a crime under the
following provisions of the Colorado statutes:
(II) Offenses against property, as defined in sections 18-4-102 (first
degree arson), 18-4-103 (second degree arson), 18-4-104 (third degree
arson), 18-4-105 (fourth degree arson), 18-4-202 (first degree burglary),
18-4-203 (second degree burglary), 18-4-301 (robbery), 18-4-302
(aggravated robbery), 18-4-303 (aggravated robbery of controlled
substances), 18-4-401 (theft), 18-4-409 (aggravated motor vehicle theft),
and 18-4-501 (criminal mischief);
SECTION 55. In Colorado Revised Statutes, 18-20-103, repeal
(1)(d) as follows:
18-20-103. Violations of taxation provisions - penalties. (1) Any
person who:
(d) Violates section 44-30-603 (1)(b) or (1)(c) two or more times in
any twelve-month period commits a class 5 felony;
SECTION 56. In Colorado Revised Statutes, 18-20-108, amend (2)
as follows:
PAGE 19-HOUSE BILL 23-1293 18-20-108. Use of device for calculating probabilities. (2) Any
person issued a license pursuant to article 30 of title 44 violating any
provision of this section commits a class 6 felony and any other person
violating any provision of this section commits a class 2 misdemeanor. If
the person is a repeating gambling offender, the person commits a class 5
felony.
SECTION 57. In Colorado Revised Statutes, 18-20-109, amend (8)
as follows:
18-20-109. Use of counterfeit or unapproved chips or tokens or
unlawful coins or devices - possession of certain unlawful devices,
equipment, products, or materials. (8) Any
A person violating any
provision of this section commits a class 6 felony. except that, if the person
is a repeating gambling offender, the person commits a class 5 felony.
SECTION 58. In Colorado Revised Statutes, 18-20-111, amend (4)
as follows:
18-20-111. Unlawful manufacture, sale, distribution, marking,
altering, or modification of equipment and devices related to limited
gaming - unlawful instruction. (4) Any person issued a license pursuant
to article 30 of title 44 violating any provision of this section commits a
class 6 felony, and any other person violating any provision of this section
commits a class 2 misdemeanor. If the person is a repeating gambling
offender, the person commits a class 5 felony.
SECTION 59. In Colorado Revised Statutes, amend 18-20-112 as
follows:
18-20-112. Unlawful entry by excluded and ejected persons.
(1) (a) It is unlawful for any person whose name is on the list promulgated
by the Colorado limited gaming control commission pursuant to section
44-30-1703 (3) or (4) to enter the licensed premises of a limited gaming
licensee.
(b) A
PERSON WHO VIOLATES SUBSECTION (1)(a) OF THIS SECTION
COMMITS A CLASS
6 FELONY.
(2) (a) It is unlawful for any person whose name is on the list
PAGE 20-HOUSE BILL 23-1293 promulgated by the Colorado limited gaming control commission pursuant
to section 44-30-1703 (3) or (4) to have any personal pecuniary interest,
direct or indirect, in any limited gaming licensee, licensed premises,
establishment, or business involved in or with limited gaming or in the
shares in any corporation, association, or firm licensed pursuant to article
30 of title 44.
(b) A
PERSON WHO VIOLATES SUBSECTION (2)(a) OF THIS SECTION
COMMITS A CLASS
5 FELONY.
(3) Any person violating the provisions of this section commits a
class 5 felony.
SECTION 60. In Colorado Revised Statutes, 19-5-213.5, amend
(4) as follows:
19-5-213.5. Unauthorized advertising for adoption purposes -
exceptions - penalty - definitions. (4) Unauthorized advertising of a child,
as described in subsection (2) of this section, is a class 6 felony CLASS 2
MISDEMEANOR.
SECTION 61. In Colorado Revised Statutes, 24-4.1-302, amend
(1)(v) as follows:
24-4.1-302. Definitions. As used in this part 3, and for no other
purpose, including the expansion of the rights of any defendant:
(1) "Crime" means any of the following offenses, acts, and
violations as defined by the statutes of the state of Colorado, whether
committed by an adult or a juvenile:
(v) Aggravated robbery of controlled substances, in violation of
section 18-4-303, C.R.S.
AS IT EXISTED PRIOR TO OCTOBER 1, 2023;
SECTION 62. In Colorado Revised Statutes, amend 24-22-110 as
follows:
24-22-110. Personal profit on state money unlawful - penalty.
Any A person holding the office of state treasurer or any A person employed
in the department of the treasury who, directly or indirectly, accepts or
PAGE 21-HOUSE BILL 23-1293 receives from any OTHER person, for himself or herself or otherwise than on
behalf of the state, any fee, reward, or compensation, either in money or
other property or thing of value, in consideration of the deposit or
investment of state moneys
MONEY with any such OTHER person or in
consideration of any agreement or arrangement touching upon the use of
state moneys
MONEY commits a class 6 felony CLASS 5 FELONY and shall be
punished as provided in section 18-1.3-401. C.R.S.
SECTION 63. In Colorado Revised Statutes, 24-30-1406, amend
(1) as follows:
24-30-1406. Criminal liability. (1) Any person, other than a bona
fide employee working solely for a person providing professional services,
who offers, agrees, or contracts to solicit or secure for any other person
contracts for professional services with a state agency or state institution of
higher education and who, in so doing, receives any fee, commission, gift,
or other consideration contingent upon or resulting from the making of the
contract commits a class 3 felony
CLASS 4 FELONY and shall be punished as
provided in section 18-1.3-401. C.R.S.
SECTION 64. In Colorado Revised Statutes, amend 31-31-1203
as follows:
31-31-1203. False statement - felony. If, for the purpose of
obtaining any order, benefit, award, compensation, or payment under the
provisions of PURSUANT TO articles 30, 30.5, and 31 of this title TITLE 31,
either for self-gain or for the benefit of any other person, anyone A PERSON
willfully makes a false statement or representation material to the claim, such
THE person commits a class 5 felony CLASS 6 FELONY and, UPON
CONVICTION THEREOF
, shall be punished as provided in section 18-1.3-401,
C.R.S.,
and shall forfeit THE PERSON FORFEITS all right to compensation
under said articles upon conviction of such offense PURSUANT TO ARTICLES
30 AND 30.5 OF THIS TITLE 31 AND THIS ARTICLE 31.
SECTION 65. In Colorado Revised Statutes, amend 35-44-108 as
follows:
35-44-108. Who may take up estrays. It is unlawful for any A
person other than an authorized inspector of the state board of stock
inspection commissioners to take into custody or retain possession of any
PAGE 22-HOUSE BILL 23-1293 AN estray, except as provided in section 35-44-107. Any A person who
takes into custody and retains possession of any AN estray without notifying
the state board of stock inspection commissioners within the time as
provided in this article
ARTICLE 44 is guilty of a class 6 felony CLASS 2
MISDEMEANOR and, upon conviction thereof, shall be punished as provided
in section 18-1.3-401, C.R.S. SECTION 18-1.3-501.
SECTION 66. In Colorado Revised Statutes, 39-21-118, amend (1)
as follows:
39-21-118. Criminal penalties - repeal. (1) Any A person who
willfully attempts in any manner to evade or defeat any A tax administered
by the department or the payment thereof, in addition to other penalties
provided by law, is guilty of a class 5 felony
CLASS 6 FELONY and, upon
conviction thereof, shall be punished as provided in section 18-1.3-401
C.R.S.,
or shall be punished by a fine of not more than one hundred
thousand dollars, or five hundred thousand dollars in the case of a
corporation, or by both such fine and imprisonment, together with the costs
of prosecution.
SECTION 67. In Colorado Revised Statutes, 39-26-120, amend (2)
as follows:
39-26-120. False or fraudulent return, statement - penalty.
(2) Any
A person willfully violating any of the provisions of this section
is guilty of a
CLASS 5 felony Any
AND SHALL BE PUNISHED AS PROVIDED IN
SECTION
18-1.3-401. A corporation willfully making a false return or a
return willfully containing a false statement is guilty of a
CLASS 5 felony
Any
AND SHALL BE PUNISHED AS PROVIDED IN SECTION 18-1.3-401. A court
of competent jurisdiction of the county in which the offender resides, or, if
a corporation, then the county of its principal place of business, shall have
HAS jurisdiction to enforce this section.
SECTION 68. In Colorado Revised Statutes, 44-20-123, amend
(1)(b) as follows:
44-20-123. Sales activity following license denial, suspension, or
revocation - unlawful act - penalty. (1) (b) A violation of subsection
(1)(a) of this section shall be IS punishable in accordance with section
44-20-128. except that a second or subsequent violation of subsection (1)(a)
PAGE 23-HOUSE BILL 23-1293 of this section shall be a class 6 felony.
SECTION 69. In Colorado Revised Statutes, 44-20-422, amend
(1)(b) as follows:
44-20-422. Sales activity following license denial, suspension, or
revocation - unlawful act - penalty. (1) (b) A violation of subsection
(1)(a) of this section shall be IS punishable in accordance with section
44-20-429. except that a second or subsequent violation of subsection (1)(a)
of this section shall be a class 6 felony.
SECTION 70. In Colorado Revised Statutes, 44-30-821, amend (3)
as follows:
44-30-821. Cheating - definition. (3) Any person issued a license
pursuant to this article 30 violating any provision of this section commits
a class 6 felony and shall be punished as provided in section 18-1.3-401,
and any other person violating any provision of this section commits a class
2 misdemeanor and shall be punished as provided in section 18-1.3-501. If
the person is a repeating gambling offender, the person commits a class 5
felony and shall be punished as provided in section 18-1.3-401.
SECTION 71. In Colorado Revised Statutes, 44-30-824, amend (8)
as follows:
44-30-824. Use of counterfeit or unapproved chips or tokens or
unlawful coins or devices - possession of certain unlawful devices,
equipment, products, or materials. (8) Any
A person violating any
provision of this section commits a class 6 felony and shall be punished as
provided in section 18-1.3-401. except that, if the person is a repeating
gambling offender, the person commits a class 5 felony and shall be
punished as provided in section 18-1.3-401.
SECTION 72. In Colorado Revised Statutes, 44-30-825, amend (2)
as follows:
44-30-825. Cheating game and devices. (2) Any A person
violating any provision of this section commits a class 6 felony and shall be
punished as provided in section 18-1.3-401. except that, if the person is a
repeating gambling offender, the person commits a class 5 felony and shall
PAGE 24-HOUSE BILL 23-1293 be punished as provided in section 18-1.3-401.
SECTION 73. In Colorado Revised Statutes, repeal 44-30-827 as
follows:
44-30-827. Unlawful entry by excluded and ejected persons.
(1) It is unlawful for any person whose name is on the list promulgated by
the commission pursuant to section 44-30-1703 (3) or (4) to enter the
licensed premises of a limited gaming licensee.
(2) It is unlawful for any person whose name is on the list
promulgated by the commission pursuant to section 44-30-1703 (3) or (4)
to have any personal pecuniary interest, direct or indirect, in any limited
gaming licensee, licensed premises, establishment, or business involved in
or with limited gaming or in the shares in any corporation, association, or
firm licensed pursuant to this article 30.
(3) Any person violating the provisions of this section commits a
class 5 felony and shall be punished as provided in section 18-1.3-401.
SECTION 74. In Colorado Revised Statutes, 44-30-1512, amend
(3) as follows:
44-30-1512. Penalties. (3) A person purporting to issue, suspend,
revoke, or renew licenses pursuant to this part 15 or to procure or influence
the issuance, suspension, revocation, or renewal of a license for any
personal pecuniary gain or any thing of value, as defined in section
18-1-901 (3)(r), or a person violating section 44-30-1502 commits a class
3 felony CLASS 4 FELONY and shall be punished as provided in section
18-1.3-401.
SECTION 75. In Colorado Revised Statutes, 44-40-117, amend (3)
as follows:
44-40-117. Penalties. (3) Any A person issuing, suspending,
revoking, or renewing contracts pursuant to section 44-40-106 or licenses
pursuant to section 44-40-107 for any
personal pecuniary gain or any A
thing of value as defined in section 18-1-901 (3)(r), or any A person
violating any of the provisions of section 44-40-110, commits a class 3
felony CLASS 4 FELONY and shall be punished as provided in section
PAGE 25-HOUSE BILL 23-1293 18-1.3-401.
SECTION 76. Appropriation. (1) For the 2023-24 state fiscal
year, $32,170 is appropriated to the judicial department. This appropriation
is from the general fund. To implement this act, the department may use this
appropriation as follows:
(a) $24,970 for use by probation and related services for probation
programs, which amount is based on an assumption that the division will
require an additional 0.4 FTE; and
(b) $7,200 for use by courts administration for capital outlay.
SECTION 77. Effective date - applicability. This act takes effect
October 1, 2023, and applies to offenses committed on or after said date.
SECTION 78. Safety clause. The general assembly hereby finds,
PAGE 26-HOUSE BILL 23-1293 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 27-HOUSE BILL 23-1293