Colorado 2024 2024 Regular Session

Colorado Senate Bill SB035 Engrossed / Bill

Filed 02/27/2024

                    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-