SENATE BILL 24-035
BY SENATOR(S) Pelton B. and Fields, Baisley, Buckner, Coleman, Cutter,
Danielson, Exum, Gardner, Ginal, Gonzales, Hinrichsen, Jaquez Lewis,
Kirkmeyer, Kolker, Liston, Lundeen, Marchman, Mullica, Pelton R., Priola,
Rich, Roberts, Simpson, Smallwood, Van Winkle, Will, Winter F.,
Zenzinger;
also REPRESENTATIVE(S) Winter T. and Duran, Armagost, Bird,
Boesenecker, Bradley, Catlin, Clifford, Evans, Frizell, Froelich, Hartsook,
Lieder, Lindstedt, Lukens, Lynch, Martinez, Mauro, Pugliese, Snyder,
Soper, Taggart, Titone, Valdez, Weinberg, Willford, Wilson, Young,
McCluskie.
C
ONCERNING STRENGTHENING THE ENFORCEMENT OF HUMAN TRAFFICKING
FOR SERVITUDE
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 16-1-104, amend
(8.5)(a)(I) as follows:
16-1-104. Definitions. (8.5) (a) (I) "Crime of violence" means a
crime in which the defendant used, or possessed and threatened the use of,
a deadly weapon during the commission or attempted commission of any
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. crime committed against an elderly person or a person with a disability or
a crime of murder, first or second degree assault, kidnapping, sexual assault,
robbery, first degree arson, first or second degree burglary, escape, or
criminal extortion, HUMAN TRAFFICKING FOR INVOLUNTARY SERVITUDE OF
AN ADULT OR A MINOR
, OR HUMAN TRAFFICKING FOR SEXUAL SERVITUDE OF
AN ADULT OR A MINOR
, or during the immediate flight therefrom, or the
defendant caused serious bodily injury or death to any person, other than
himself or herself TO THE DEFENDANT or another participant, during the
commission or attempted commission of any such THE felony or during the
immediate flight therefrom.
SECTION 2. In Colorado Revised Statutes, 18-1.3-406, amend
(2)(a)(II) introductory portion and (2)(a)(II)(J); and add (2)(a)(II)(L) and
(2)(a)(II)(M) as follows:
18-1.3-406. Mandatory sentences for violent crimes - definitions.
(2) (a) (II) Subparagraph (I) of this paragraph (a) SUBSECTION (2)(a)(I) OF
THIS SECTION
applies to the following crimes:
(J) Criminal extortion; or
(L) HUMAN TRAFFICKING FOR INVOLUNTARY SERVITUDE OF AN
ADULT OR A MINOR IN VIOLATION OF SECTION
18-3-503; OR
(M) HUMAN TRAFFICKING FOR SEXUAL SERVITUDE OF AN ADULT OR
A MINOR IN VIOLATION OF SECTION
18-3-504.
SECTION 3. In Colorado Revised Statutes, 18-3-503, add (3) as
follows:
18-3-503. Human trafficking for involuntary servitude - human
trafficking of a minor for involuntary servitude. (3) I
T IS AN
AFFIRMATIVE DEFENSE TO A CHARGE PURSUANT TO THIS SECTION IF THE
PERSON BEING CHARGED
, AT THE TIME OF THE OFFENSE, WAS A VICTIM OF
HUMAN TRAFFICKING FOR INVOLUNTARY SERVITUDE WHO WAS FORCED OR
COERCED INTO ENGAGING IN HUMAN TRAFFICKING FOR INVOLUNTARY
SERVITUDE PURSUANT TO THIS SECTION
.
SECTION 4. In Colorado Revised Statutes, 18-3-504, amend (2.5)
as follows:
PAGE 2-SENATE BILL 24-035 18-3-504. Human trafficking for sexual servitude - human
trafficking of a minor for sexual servitude. (2.5) It is an affirmative
defense to a charge pursuant to subsection (2) of this section if the person
being charged, can demonstrate by a preponderance of the evidence that, at
the time of the offense, he or she was a victim of human trafficking for
sexual servitude who was forced or coerced into engaging in the human
trafficking of minors for sexual servitude pursuant to subsection (2) of this
section.
SECTION 5. In Colorado Revised Statutes, 16-5-401, amend (6),
(8)(a) introductory portion, (8)(a.3) introductory portion, (8)(a.5)
introductory portion, (8)(a.7)(I), and (8)(a.7)(II) as follows:
16-5-401. Limitation for commencing criminal proceedings, civil
infraction proceedings, and juvenile delinquency proceedings -
definitions. (6) Except as otherwise provided in paragraph (a) of
subsection (1) SUBSECTION (1)(a) of this section pertaining to sex offenses
against children, or felony sexual assault in violation of section 18-3-402,
C.R.S., HUMAN TRAFFICKING FOR INVOLUNTARY SERVITUDE OF AN ADULT
OR A MINOR IN VIOLATION OF SECTION
18-3-503, OR HUMAN TRAFFICKING
FOR SEXUAL SERVITUDE OF AN ADULT IN VIOLATION OF SECTION
18-3-504
(1), the period of time during which an adult person or juvenile may be
prosecuted shall be IS extended for an additional seven years as to any
offense or delinquent act charged under section 18-6-403 C.R.S., or charged
as criminal attempt, conspiracy, or solicitation to commit any of the acts
specified in said sections.
(8) (a) Except as otherwise provided in paragraph (a) of subsection
(1) SUBSECTION (1)(a) of this section pertaining to sex offenses against
children, or felony sexual assault in violation of section 18-3-402, C.R.S.,
HUMAN TRAFFICKING FOR INVOLUNTARY SERVITUDE OF AN ADULT OR A
MINOR IN VIOLATION OF SECTION
18-3-503, OR HUMAN TRAFFICKING FOR
SEXUAL SERVITUDE OF AN ADULT IN VIOLATION OF SECTION
18-3-504 (1),
and except as otherwise provided in paragraphs (a.3) and (a.5) of this
subsection (8) SUBSECTIONS (8)(a.3) AND (8)(a.5) OF THIS SECTION, the
period of time during which an adult person or juvenile may be prosecuted
shall be
IS ten years after the commission of the offense or delinquent act
as to any offense or delinquent act:
(a.3) Except as otherwise provided in paragraph (a) of subsection (1)
PAGE 3-SENATE BILL 24-035 SUBSECTION (1)(a) of this section concerning sex offenses against children,
or felony sexual assault in violation of section 18-3-402, C.R.S., HUMAN
TRAFFICKING FOR INVOLUNTARY SERVITUDE OF AN ADULT OR A MINOR IN
VIOLATION OF SECTION
18-3-503, OR HUMAN TRAFFICKING FOR SEXUAL
SERVITUDE OF AN ADULT IN VIOLATION OF
18-3-504 (1), if the victim at the
time of the commission of an offense or delinquent act is a child under
eighteen years of age, the period of time during which an adult person or
juvenile may be prosecuted shall be
IS ten years after such THE victim
reaches the age of eighteen years as to any offense or delinquent act:
(a.5) Except as otherwise provided in paragraph (a) of subsection (1)
SUBSECTION (1)(a) of this section concerning sex offenses against children,
or felony sexual assault in violation of section 18-3-402, C.R.S., HUMAN
TRAFFICKING FOR INVOLUNTARY SERVITUDE OF AN ADULT OR A MINOR IN
VIOLATION OF SECTION
18-3-503, OR HUMAN TRAFFICKING FOR SEXUAL
SERVITUDE OF AN ADULT IN VIOLATION OF SECTION
18-3-504 (1), in any case
in which the identity of the defendant or juvenile is determined, in whole or
in part, by patterned chemical structure of genetic information, and in which
the offense has been reported to a law enforcement agency, as defined in
section 26-1-114 (3)(a)(III)(B), C.R.S.,
within ten years after the
commission of the offense, there shall be IS no limit on the period of time
during which a person may be prosecuted after the commission of the
offense as to any offense or delinquent act charged:
(a.7) (I) Except as otherwise provided in paragraph (a) of subsection
(1) SUBSECTION (1)(a) of this section pertaining to sex offenses against
children and except as otherwise provided in paragraphs (a.3) and (a.5) of
this subsection (8) SUBSECTIONS (8)(a.3) AND (8)(a.5) OF THIS SECTION, the
period of time during which an adult person or juvenile may be prosecuted
shall be
IS twenty years after the commission of the offense or delinquent
act as to any offense or delinquent act charged as a felony under section
18-3-402, C.R.S.,
18-3-503, OR 18-3-504 (1), or as criminal attempt,
conspiracy, or solicitation to commit a felony under section 18-3-402,
C.R.S.
18-3-503, OR 18-3-504 (1).
(II) Except as otherwise provided in paragraph (a) of subsection (1)
SUBSECTION (1)(a) of this section concerning sex offenses against children,
if the victim at the time of the commission of an offense or delinquent act
is a child under eighteen years of age, the period of time during which an
adult person or juvenile may be prosecuted shall be
IS twenty years after
PAGE 4-SENATE BILL 24-035 such THE victim reaches eighteen years of age as to any offense or
delinquent act charged as a felony under section 18-3-402, C.R.S.,
18-3-503, OR 18-3-504 (1), or as criminal attempt, conspiracy, or
solicitation to commit a felony under section 18-3-402, C.R.S., 18-3-503,
OR 18-3-504 (1).
SECTION 6. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 5-SENATE BILL 24-035 the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
Steve Fenberg Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 6-SENATE BILL 24-035