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-