Second Regular Session Seventy-fourth General Assembly STATE OF COLORADO ENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction 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 Amended 2nd Reading February 27, 2024 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 2 SECTION 1. In Colorado Revised Statutes, 18-3-503, add (3) as3 follows:4 18-3-503. Human trafficking for involuntary servitude -5 human trafficking of a minor for involuntary servitude. (3) I F A 6 DEFENDANT IS CONVICTED PURSUANT TO SUBSECTION (1) OF THIS SECTION,7 THE COURT SHALL SENTENCE THE DEFENDANT IN ACCORDANCE WITH THE8 PROVISIONS OF SECTION 18-1.3-406.9 SECTION 2. In Colorado Revised Statutes, 18-3-504, amend10 (1)(b) (2)(b), and (2.5) as follows:11 18-3-504. Human trafficking for sexual servitude - human12 trafficking of a minor for sexual servitude. (1) (b) Human trafficking13 for sexual servitude is a class 3 felony. I F A DEFENDANT IS CONVICTED 14 PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION, THE COURT SHALL15 SENTENCE THE DEFENDANT IN ACCORDANCE WITH THE PROVISIONS OF16 SECTION 18-1.3-406.17 (2) (b) Human trafficking of a minor for sexual servitude is a class18 2 felony. The court shall sentence a person convicted of such a class 219 felony to the department of corrections for a term of at least the minimum20 of the presumptive range for a class 2 felony, as set forth in section21 18-1.3-401. IF A DEFENDANT IS CONVICTED PURSUANT TO SUBSECTION22 (2)(a) OF THIS SECTION, THE COURT SHALL SENTENCE THE DEFENDANT IN 23 ACCORDANCE WITH THE PROVISIONS OF SECTION 18-1.3-406.24 035-2- (2.5) It is an affirmative defense to a charge pursuant to1 subsection (2) of this section if the person being charged can demonstrate2 by a preponderance of the evidence that, at the time of the offense, he or3 she was a victim of human trafficking for sexual servitude who was4 forced or coerced into engaging in the human trafficking of minors for5 sexual servitude pursuant to subsection (2) of this section.6 SECTION 3. In Colorado Revised Statutes, 16-5-401, amend (6),7 (8)(a) introductory portion, (8)(a.3) introductory portion, (8)(a.5)8 introductory portion, (8)(a.7)(I), and (8)(a.7)(II) as follows:9 16-5-401. Limitation for commencing criminal proceedings,10 civil infraction proceedings, and juvenile delinquency proceedings -11 definitions. (6) Except as otherwise provided in paragraph (a) of12 subsection (1) SUBSECTION (1)(a) of this section pertaining to sex offenses13 against children, or felony sexual assault in violation of section 18-3-402,14 C.R.S., HUMAN TRAFFICKING FOR INVOLUNTARY SERVITUDE OF AN ADULT15 OR A MINOR IN VIOLATION OF SECTION 18-3-503, OR HUMAN TRAFFICKING16 FOR SEXUAL SERVITUDE OF AN ADULT IN VIOLATION OF SECTION 18-3-50417 (1), the period of time during which an adult person or juvenile may be18 prosecuted shall be IS extended for an additional seven years as to any19 offense or delinquent act charged under section 18-6-403 C.R.S., or20 charged as criminal attempt, conspiracy, or solicitation to commit any of21 the acts specified in said sections.22 (8) (a) Except as otherwise provided in paragraph (a) of23 subsection (1) SUBSECTION (1)(a) of this section pertaining to sex offenses24 against children, or felony sexual assault in violation of section 18-3-402,25 C.R.S., HUMAN TRAFFICKING FOR INVOLUNTARY SERVITUDE OF AN ADULT26 OR A MINOR IN VIOLATION OF SECTION 18-3-503, OR HUMAN TRAFFICKING27 035 -3- FOR SEXUAL SERVITUDE OF AN ADULT IN VIOLATION OF SECTION 18-3-5041 (1), and except as otherwise provided in paragraphs (a.3) and (a.5) of this2 subsection (8) SUBSECTIONS (8)(a.3) AND (8)(a.5) OF THIS SECTION, the3 period of time during which an adult person or juvenile may be4 prosecuted shall be IS ten years after the commission of the offense or5 delinquent act as to any offense or delinquent act:6 (a.3) Except as otherwise provided in paragraph (a) of subsection7 (1) SUBSECTION (1)(a) of this section concerning sex offenses against8 children, or felony sexual assault in violation of section 18-3-402, C.R.S.,9 HUMAN TRAFFICKING FOR INVOLUNTARY SERVITUDE OF AN ADULT OR A10 MINOR IN VIOLATION OF SECTION 18-3-503, OR HUMAN TRAFFICKING FOR11 SEXUAL SERVITUDE OF AN ADULT IN VIOLATION OF 18-3-504 (1), if the12 victim at the time of the commission of an offense or delinquent act is a13 child under eighteen years of age, the period of time during which an14 adult person or juvenile may be prosecuted shall be IS ten years after such15 THE victim reaches the age of eighteen years as to any offense or16 delinquent act:17 (a.5) Except as otherwise provided in paragraph (a) of subsection18 (1) SUBSECTION (1)(a) of this section concerning sex offenses against19 children, or felony sexual assault in violation of section 18-3-402, C.R.S.,20 HUMAN TRAFFICKING FOR INVOLUNTARY SERVITUDE OF AN ADULT OR A21 MINOR IN VIOLATION OF SECTION 18-3-503, OR HUMAN TRAFFICKING FOR22 SEXUAL SERVITUDE OF AN ADULT IN VIOLATION OF SECTION 18-3-504 (1),23 in any case in which the identity of the defendant or juvenile is24 determined, in whole or in part, by patterned chemical structure of genetic25 information, and in which the offense has been reported to a law26 enforcement agency, as defined in section 26-1-114 (3)(a)(III)(B), C.R.S.,27 035 -4- within ten years after the commission of the offense, there shall be IS no1 limit on the period of time during which a person may be prosecuted after2 the commission of the offense as to any offense or delinquent act charged:3 (a.7) (I) Except as otherwise provided in paragraph (a) of4 subsection (1) SUBSECTION (1)(a) of this section pertaining to sex offenses5 against children and except as otherwise provided in paragraphs (a.3) and6 (a.5) of this subsection (8) SUBSECTIONS (8)(a.3) AND (8)(a.5) OF THIS7 SECTION, the period of time during which an adult person or juvenile may8 be prosecuted shall be IS twenty years after the commission of the offense9 or delinquent act as to any offense or delinquent act charged as a felony10 under section 18-3-402, C.R.S., 18-3-503, OR 18-3-504 (1), or as criminal11 attempt, conspiracy, or solicitation to commit a felony under section12 18-3-402, C.R.S. 18-3-503, OR 18-3-504 (1).13 (II) Except as otherwise provided in paragraph (a) of subsection14 (1) SUBSECTION (1)(a) of this section concerning sex offenses against15 children, if the victim at the time of the commission of an offense or16 delinquent act is a child under eighteen years of age, the period of time17 during which an adult person or juvenile may be prosecuted shall be IS18 twenty years after such THE victim reaches eighteen years of age as to any19 offense or delinquent act charged as a felony under section 18-3-402,20 C.R.S., 18-3-503, OR 18-3-504 (1), or as criminal attempt, conspiracy, or21 solicitation to commit a felony under section 18-3-402, C.R.S., 18-3-503,22 OR 18-3-504 (1).23 SECTION 4. Safety clause. The general assembly finds,24 determines, and declares that this act is necessary for the immediate25 preservation of the public peace, health, or safety or for appropriations for26 035 -5- the support and maintenance of the departments of the state and state1 institutions.2 035 -6-