Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 24-0331.01 Michael Dohr x4347
SENATE BILL 24-035
Senate Committees House Committees
Judiciary 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
HOUSE
3rd Reading Unamended
March 25, 2024
HOUSE
Amended 2nd Reading
March 22, 2024
SENATE
3rd Reading Unamended
February 28, 2024
SENATE
Amended 2nd Reading
February 27, 2024
SENATE SPONSORSHIP
Pelton B. and Fields, Baisley, Buckner, Coleman, Cutter, Danielson, Exum, Gardner,
Ginal, Hinrichsen, Jaquez Lewis, Kirkmeyer, Kolker, Liston, Lundeen, Marchman, Mullica,
Pelton R., Priola, Rich, Roberts, Simpson, Smallwood, Van Winkle, Will, Winter F.,
Zenzinger
HOUSE SPONSORSHIP
Winter T. and Duran, Armagost, Bird, Boesenecker, Bradley, Catlin, Clifford, Evans,
Frizell, Froelich, Hartsook, Lieder, Lindstedt, Lukens, Lynch, Martinez, Mauro, McCluskie,
Pugliese, Snyder, Soper, Taggart, Titone, Valdez, Weinberg, Willford, Wilson, Young
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, 16-1-104, amend3
(8.5)(a)(I) as follows:4
16-1-104. Definitions. (8.5) (a) (I) "Crime of violence" means a5
crime in which the defendant used, or possessed and threatened the use6
of, a deadly weapon during the commission or attempted commission of7
any crime committed against an elderly person or a person with a8
disability or a crime of murder, first or second degree assault, kidnapping,9
sexual assault, robbery, first degree arson, first or second degree burglary,10
escape, or criminal extortion, HUMAN TRAFFICKING FOR INVOLUNTARY11
SERVITUDE OF AN ADULT OR A MINOR, OR HUMAN TRAFFICKING FOR12
SEXUAL SERVITUDE OF AN ADULT OR A MINOR , or during the immediate13
flight therefrom, or the defendant caused serious bodily injury or death to14
any person, other than himself or herself TO THE DEFENDANT or another15
participant, during the commission or attempted commission of any such16
THE felony or during the immediate flight therefrom.17
SECTION 2. In Colorado Revised Statutes, 18-1.3-406, amend18
(2)(a)(II) introductory portion and (2)(a)(II)(J); and add (2)(a)(II)(L) and19
(2)(a)(II)(M) as follows:20
18-1.3-406. Mandatory sentences for violent crimes -21
definitions. (2) (a) (II) Subparagraph (I) of this paragraph (a)22
SUBSECTION (2)(a)(I) OF THIS SECTION applies to the following crimes:23
(J) Criminal extortion; or24
035-2- (L) HUMAN TRAFFICKING FOR INVOLUNTARY SERVITUDE OF AN1
ADULT OR A MINOR IN VIOLATION OF SECTION 18-3-503; OR2
(M) HUMAN TRAFFICKING FOR SEXUAL SERVITUDE OF AN ADULT3
OR A MINOR IN VIOLATION OF SECTION 18-3-504.4
SECTION 3. In Colorado Revised Statutes, 18-3-503, add (3) as5
follows:6
18-3-503. Human trafficking for involuntary servitude -7
human trafficking of a minor for involuntary servitude. (3) IT IS AN8
AFFIRMATIVE DEFENSE TO A CHARGE PURSUANT TO THIS SECTION IF THE9
PERSON BEING CHARGED, AT THE TIME OF THE OFFENSE, WAS A VICTIM OF10
HUMAN TRAFFICKING FOR INVOLUNTARY SERVITUDE WHO WAS FORCED OR11
COERCED INTO ENGAGING IN HUMAN TRAFFICKING FOR INVOLUNTARY12
SERVITUDE PURSUANT TO THIS SECTION .13
SECTION 4. In Colorado Revised Statutes, 18-3-504, amend14
(2.5) as follows:15
18-3-504. Human trafficking for sexual servitude - human16
trafficking of a minor for sexual servitude. (2.5) It is an affirmative17
defense to a charge pursuant to subsection (2) of this section if the person18
being charged, can demonstrate by a preponderance of the evidence that,19
at the time of the offense, he or she was a victim of human trafficking for20
sexual servitude who was forced or coerced into engaging in the human21
trafficking of minors for sexual servitude pursuant to subsection (2) of22
this section.23
SECTION 5. In Colorado Revised Statutes, 16-5-401, amend (6),24
(8)(a) introductory portion, (8)(a.3) introductory portion, (8)(a.5)25
introductory portion, (8)(a.7)(I), and (8)(a.7)(II) as follows:26
16-5-401. Limitation for commencing criminal proceedings,27
035
-3- civil infraction proceedings, and juvenile delinquency proceedings -1
definitions. (6) Except as otherwise provided in paragraph (a) of2
subsection (1) SUBSECTION (1)(a) of this section pertaining to sex offenses3
against children, or felony sexual assault in violation of section 18-3-402,4
C.R.S., HUMAN TRAFFICKING FOR INVOLUNTARY SERVITUDE OF AN ADULT5
OR A MINOR IN VIOLATION OF SECTION 18-3-503, OR HUMAN TRAFFICKING6
FOR SEXUAL SERVITUDE OF AN ADULT IN VIOLATION OF SECTION 18-3-5047
(1), the period of time during which an adult person or juvenile may be8
prosecuted shall be IS extended for an additional seven years as to any9
offense or delinquent act charged under section 18-6-403 C.R.S., or10
charged as criminal attempt, conspiracy, or solicitation to commit any of11
the acts specified in said sections.12
(8) (a) Except as otherwise provided in paragraph (a) of13
subsection (1) SUBSECTION (1)(a) of this section pertaining to sex offenses14
against children, or felony sexual assault in violation of section 18-3-402,15
C.R.S., HUMAN TRAFFICKING FOR INVOLUNTARY SERVITUDE OF AN ADULT16
OR A MINOR IN VIOLATION OF SECTION 18-3-503, OR HUMAN TRAFFICKING17
FOR SEXUAL SERVITUDE OF AN ADULT IN VIOLATION OF SECTION 18-3-50418
(1), and except as otherwise provided in paragraphs (a.3) and (a.5) of this19
subsection (8) SUBSECTIONS (8)(a.3) AND (8)(a.5) OF THIS SECTION, the20
period of time during which an adult person or juvenile may be21
prosecuted shall be IS ten years after the commission of the offense or22
delinquent act as to any offense or delinquent act:23
(a.3) Except as otherwise provided in paragraph (a) of subsection24
(1) SUBSECTION (1)(a) of this section concerning sex offenses against25
children, or felony sexual assault in violation of section 18-3-402, C.R.S.,26
HUMAN TRAFFICKING FOR INVOLUNTARY SERVITUDE OF AN ADULT OR A27
035
-4- MINOR IN VIOLATION OF SECTION 18-3-503, OR HUMAN TRAFFICKING FOR1
SEXUAL SERVITUDE OF AN ADULT IN VIOLATION OF 18-3-504 (1), if the2
victim at the time of the commission of an offense or delinquent act is a3
child under eighteen years of age, the period of time during which an4
adult person or juvenile may be prosecuted shall be IS ten years after such5
THE victim reaches the age of eighteen years as to any offense or6
delinquent act:7
(a.5) Except as otherwise provided in paragraph (a) of subsection8
(1) SUBSECTION (1)(a) of this section concerning sex offenses against9
children, or felony sexual assault in violation of section 18-3-402, C.R.S.,10
HUMAN TRAFFICKING FOR INVOLUNTARY SERVITUDE OF AN ADULT OR A11
MINOR IN VIOLATION OF SECTION 18-3-503, OR HUMAN TRAFFICKING FOR12
SEXUAL SERVITUDE OF AN ADULT IN VIOLATION OF SECTION 18-3-504 (1),13
in any case in which the identity of the defendant or juvenile is14
determined, in whole or in part, by patterned chemical structure of genetic15
information, and in which the offense has been reported to a law16
enforcement agency, as defined in section 26-1-114 (3)(a)(III)(B), C.R.S.,17
within ten years after the commission of the offense, there shall be IS no18
limit on the period of time during which a person may be prosecuted after19
the commission of the offense as to any offense or delinquent act charged:20
(a.7) (I) Except as otherwise provided in paragraph (a) of21
subsection (1) SUBSECTION (1)(a) of this section pertaining to sex offenses22
against children and except as otherwise provided in paragraphs (a.3) and23
(a.5) of this subsection (8) SUBSECTIONS (8)(a.3) AND (8)(a.5) OF THIS24
SECTION, the period of time during which an adult person or juvenile may25
be prosecuted shall be IS twenty years after the commission of the offense26
or delinquent act as to any offense or delinquent act charged as a felony27
035
-5- under section 18-3-402, C.R.S., 18-3-503, OR 18-3-504 (1), or as criminal1
attempt, conspiracy, or solicitation to commit a felony under section2
18-3-402, C.R.S. 18-3-503, OR 18-3-504 (1).3
(II) Except as otherwise provided in paragraph (a) of subsection4
(1) SUBSECTION (1)(a) of this section concerning sex offenses against5
children, if the victim at the time of the commission of an offense or6
delinquent act is a child under eighteen years of age, the period of time7
during which an adult person or juvenile may be prosecuted shall be IS8
twenty years after such THE victim reaches eighteen years of age as to any9
offense or delinquent act charged as a felony under section 18-3-402,10
C.R.S., 18-3-503, OR 18-3-504 (1), or as criminal attempt, conspiracy, or11
solicitation to commit a felony under section 18-3-402, C.R.S., 18-3-503,12
OR 18-3-504 (1).13
SECTION 6. Safety clause. The general assembly finds,14
determines, and declares that this act is necessary for the immediate15
preservation of the public peace, health, or safety or for appropriations for16
the support and maintenance of the departments of the state and state17
institutions.18
035
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