Colorado 2024 2024 Regular Session

Colorado Senate Bill SB035 Introduced / Bill

Filed 01/10/2024

                    Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
 
 
LLS NO. 24-0331.01 Michael Dohr x4347
SENATE BILL 24-035
Senate Committees House Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING STRENGTHENING THE ENFORCEMENT OF HUMAN101
TRAFFICKING FOR SERVITUDE .102
Bill Summary
(Note:  This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Under current law, "crimes of violence" are subject to enhanced
sentencing. The bill adds human trafficking of an adult or a minor for the
purpose of involuntary servitude and human trafficking of an adult or a
minor for sexual servitude to the list of crimes of violence that are subject
to enhanced sentencing. The bill makes the statute of limitations for
human trafficking of an adult or a minor for the purpose of involuntary
SENATE SPONSORSHIP
Pelton B. and Fields,
HOUSE SPONSORSHIP
Winter T.,
Shading denotes HOUSE amendment.  Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. servitude and human trafficking of an adult for sexual servitude 20 years.
The bill does not change the unlimited statute of limitations for human
trafficking for sexual servitude of a minor.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 16-1-104, amend2
(8.5)(a)(I) as follows:3
16-1-104.  Definitions. (8.5) (a) (I)  "Crime of violence" means a4
crime in which the defendant used, or possessed and threatened the use5
of, a deadly weapon during the commission or attempted commission of6
any crime committed against an elderly person or a person with a7
disability or a crime of murder, first or second degree assault, kidnapping,8
sexual assault, robbery, first degree arson, first or second degree burglary,9
escape, or
 criminal extortion, HUMAN TRAFFICKING FOR INVOLUNTARY10
SERVITUDE OF AN ADULT OR A MINOR , OR HUMAN TRAFFICKING FOR11
SEXUAL SERVITUDE OF AN ADULT OR A MINOR , or during the immediate12
flight therefrom, or the defendant caused serious bodily injury or death to13
any person, other than himself or herself TO THE DEFENDANT or another14
participant, during the commission or attempted commission of any such15
THE felony or during the immediate flight therefrom.16
SECTION 2. In Colorado Revised Statutes, 18-1.3-406, amend17
(2)(a)(II) introductory portion and (2)(a)(II)(J); and add (2)(a)(II)(L) and18
(2)(a)(II)(M) as follows:19
18-1.3-406.  Mandatory sentences for violent crimes -20
definitions. (2) (a) (II)  Subparagraph (I) of this paragraph (a)21
S
UBSECTION (2)(a)(I) OF THIS SECTION applies to the following crimes:22
(J)  Criminal extortion; or
23
(L)  H
UMAN TRAFFICKING FOR INVOLUNTARY SERVITUDE OF AN24
SB24-035-2- ADULT OR A MINOR IN VIOLATION OF SECTION 18-3-503; OR1
(M)  H
UMAN TRAFFICKING FOR SEXUAL SERVITUDE OF AN ADULT2
OR A MINOR IN VIOLATION OF SECTION 18-3-504.3
SECTION 3. In Colorado Revised Statutes, 16-5-401, amend (6),4
(8)(a) introductory portion, (8)(a.3) introductory portion, (8)(a.5)5
introductory portion, (8)(a.7)(I), and (8)(a.7)(II) as follows:6
16-5-401.  Limitation for commencing criminal proceedings,7
civil infraction proceedings, and juvenile delinquency proceedings -8
definitions. (6)  Except as otherwise provided in paragraph (a) of
9
subsection (1) SUBSECTION (1)(a) of this section pertaining to sex offenses10
against children, or felony sexual assault in violation of section 18-3-402,11
C.R.S., HUMAN TRAFFICKING FOR INVOLUNTARY SERVITUDE OF AN ADULT12
OR A MINOR IN VIOLATION OF SECTION 18-3-503, OR HUMAN TRAFFICKING13
FOR SEXUAL SERVITUDE OF AN ADULT IN VIOLATION OF SECTION 18-3-50414
(1), the period of time during which an adult person or juvenile may be15
prosecuted shall be IS extended for an additional seven years as to any16
offense or delinquent act charged under section 18-6-403 C.R.S., or17
charged as criminal attempt, conspiracy, or solicitation to commit any of18
the acts specified in said sections.19
(8) (a)  Except as otherwise provided in paragraph (a) of20
subsection (1) SUBSECTION (1)(a) of this section pertaining to sex offenses21
against children, or felony sexual assault in violation of section 18-3-402,22
C.R.S., HUMAN TRAFFICKING FOR INVOLUNTARY SERVITUDE OF AN ADULT23
OR A MINOR IN VIOLATION OF SECTION 18-3-503, OR HUMAN TRAFFICKING24
FOR SEXUAL SERVITUDE OF AN ADULT IN VIOLATION OF SECTION 18-3-50425
(1), and except as otherwise provided in paragraphs (a.3) and (a.5) of this26
subsection (8) SUBSECTIONS (8)(a.3) AND (8)(a.5) OF THIS SECTION, the27
SB24-035
-3- period of time during which an adult person or juvenile may be1
prosecuted shall be IS ten years after the commission of the offense or2
delinquent act as to any offense or delinquent act:3
(a.3)  Except as otherwise provided in paragraph (a) of subsection4
(1) SUBSECTION (1)(a) of this section concerning sex offenses against5
children, or felony sexual assault in violation of section 18-3-402, C.R.S.,6
HUMAN TRAFFICKING FOR INVOLUNTARY SERVITUDE OF AN ADULT OR A7
MINOR IN VIOLATION OF SECTION 18-3-503, OR HUMAN TRAFFICKING FOR8
SEXUAL SERVITUDE OF AN ADULT IN VIOLATION OF 18-3-504 (1), if the9
victim at the time of the commission of an offense or delinquent act is a10
child under eighteen years of age, the period of time during which an11
adult person or juvenile may be prosecuted shall be IS ten years after such12
THE victim reaches the age of eighteen years as to any offense or13
delinquent act:14
(a.5)  Except as otherwise provided in paragraph (a) of subsection15
(1) SUBSECTION (1)(a) of this section concerning sex offenses against16
children, or felony sexual assault in violation of section 18-3-402, C.R.S.,17
HUMAN TRAFFICKING FOR INVOLUNTARY SERVITUDE OF AN ADULT OR A18
MINOR IN VIOLATION OF SECTION 18-3-503, OR HUMAN TRAFFICKING FOR19
SEXUAL SERVITUDE OF AN ADULT IN VIOLATION OF SECTION 18-3-504 (1),20
in any case in which the identity of the defendant or juvenile is21
determined, in whole or in part, by patterned chemical structure of genetic22
information, and in which the offense has been reported to a law23
enforcement agency, as defined in section 26-1-114 (3)(a)(III)(B), C.R.S.,24
within ten years after the commission of the offense, there shall be IS no25
limit on the period of time during which a person may be prosecuted after26
the commission of the offense as to any offense or delinquent act charged:27
SB24-035
-4- (a.7) (I)  Except as otherwise provided in paragraph (a) of1
subsection (1) SUBSECTION (1)(a) of this section pertaining to sex offenses2
against children and except as otherwise provided in paragraphs (a.3) and3
(a.5) of this subsection (8) SUBSECTIONS (8)(a.3) AND (8)(a.5) OF THIS4
SECTION, the period of time during which an adult person or juvenile may5
be prosecuted shall be IS twenty years after the commission of the offense6
or delinquent act as to any offense or delinquent act charged as a felony7
under section 18-3-402, C.R.S., 18-3-503, OR 18-3-504 (1), or as criminal8
attempt, conspiracy, or solicitation to commit a felony under section9
18-3-402, C.R.S. 18-3-503, OR 18-3-504 (1).10
(II)  Except as otherwise provided in paragraph (a) of subsection11
(1) SUBSECTION (1)(a) of this section concerning sex offenses against12
children, if the victim at the time of the commission of an offense or13
delinquent act is a child under eighteen years of age, the period of time14
during which an adult person or juvenile may be prosecuted shall be IS15
twenty years after such THE victim reaches eighteen years of age as to any16
offense or delinquent act charged as a felony under section 18-3-402,17
C.R.S., 18-3-503, OR 18-3-504 (1), or as criminal attempt, conspiracy, or18
solicitation to commit a felony under section 18-3-402, C.R.S., 18-3-503,19
OR 18-3-504 (1).20
SECTION 4. Safety clause. The general assembly finds,21
determines, and declares that this act is necessary for the immediate22
preservation of the public peace, health, or safety or for appropriations for23
the support and maintenance of the departments of the state and state24
institutions.25
SB24-035
-5-