Colorado 2024 Regular Session

Colorado Senate Bill SB035 Compare Versions

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1+Second Regular Session
2+Seventy-fourth General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 24-0331.01 Michael Dohr x4347
18 SENATE BILL 24-035
2-BY SENATOR(S) Pelton B. and Fields, Baisley, Buckner, Coleman, Cutter,
3-Danielson, Exum, Gardner, Ginal, Gonzales, Hinrichsen, Jaquez Lewis,
4-Kirkmeyer, Kolker, Liston, Lundeen, Marchman, Mullica, Pelton R., Priola,
5-Rich, Roberts, Simpson, Smallwood, Van Winkle, Will, Winter F.,
6-Zenzinger;
7-also REPRESENTATIVE(S) Winter T. and Duran, Armagost, Bird,
8-Boesenecker, Bradley, Catlin, Clifford, Evans, Frizell, Froelich, Hartsook,
9-Lieder, Lindstedt, Lukens, Lynch, Martinez, Mauro, Pugliese, Snyder,
10-Soper, Taggart, Titone, Valdez, Weinberg, Willford, Wilson, Young,
11-McCluskie.
9+Senate Committees House Committees
10+Judiciary Judiciary
11+A BILL FOR AN ACT
1212 C
13-ONCERNING STRENGTHENING THE ENFORCEMENT OF HUMAN TRAFFICKING
14-FOR SERVITUDE
15-.
13+ONCERNING STRENGTHENING THE ENFORCEMENT OF HUMAN101
14+TRAFFICKING FOR SERVITUDE .102
15+Bill Summary
16+(Note: This summary applies to this bill as introduced and does
17+not reflect any amendments that may be subsequently adopted. If this bill
18+passes third reading in the house of introduction, a bill summary that
19+applies to the reengrossed version of this bill will be available at
20+http://leg.colorado.gov
21+.)
22+Under current law, "crimes of violence" are subject to enhanced
23+sentencing. The bill adds human trafficking of an adult or a minor for the
24+purpose of involuntary servitude and human trafficking of an adult or a
25+minor for sexual servitude to the list of crimes of violence that are subject
26+to enhanced sentencing. The bill makes the statute of limitations for
27+human trafficking of an adult or a minor for the purpose of involuntary
28+HOUSE
29+3rd Reading Unamended
30+March 25, 2024
31+HOUSE
32+Amended 2nd Reading
33+March 22, 2024
34+SENATE
35+3rd Reading Unamended
36+February 28, 2024
37+SENATE
38+Amended 2nd Reading
39+February 27, 2024
40+SENATE SPONSORSHIP
41+Pelton B. and Fields, Baisley, Buckner, Coleman, Cutter, Danielson, Exum, Gardner,
42+Ginal, Hinrichsen, Jaquez Lewis, Kirkmeyer, Kolker, Liston, Lundeen, Marchman, Mullica,
43+Pelton R., Priola, Rich, Roberts, Simpson, Smallwood, Van Winkle, Will, Winter F.,
44+Zenzinger
45+HOUSE SPONSORSHIP
46+Winter T. and Duran, Armagost, Bird, Boesenecker, Bradley, Catlin, Clifford, Evans,
47+Frizell, Froelich, Hartsook, Lieder, Lindstedt, Lukens, Lynch, Martinez, Mauro, McCluskie,
48+Pugliese, Snyder, Soper, Taggart, Titone, Valdez, Weinberg, Willford, Wilson, Young
49+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
50+Capital letters or bold & italic numbers indicate new material to be added to existing law.
51+Dashes through the words or numbers indicate deletions from existing law. servitude and human trafficking of an adult for sexual servitude 20 years.
52+The bill does not change the unlimited statute of limitations for human
53+trafficking for sexual servitude of a minor.
54+Be it enacted by the General Assembly of the State of Colorado:1
1655
17-Be it enacted by the General Assembly of the State of Colorado:
18-SECTION 1. In Colorado Revised Statutes, 16-1-104, amend
19-(8.5)(a)(I) as follows:
20-16-1-104. Definitions. (8.5) (a) (I) "Crime of violence" means a
21-crime in which the defendant used, or possessed and threatened the use of,
22-a deadly weapon during the commission or attempted commission of any
23-NOTE: This bill has been prepared for the signatures of the appropriate legislative
24-officers and the Governor. To determine whether the Governor has signed the bill
25-or taken other action on it, please consult the legislative status sheet, the legislative
26-history, or the Session Laws.
27-________
28-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29-through words or numbers indicate deletions from existing law and such material is not part of
30-the act. crime committed against an elderly person or a person with a disability or
31-a crime of murder, first or second degree assault, kidnapping, sexual assault,
32-robbery, first degree arson, first or second degree burglary, escape, or
33-criminal extortion, HUMAN TRAFFICKING FOR INVOLUNTARY SERVITUDE OF
34-AN ADULT OR A MINOR
35-, OR HUMAN TRAFFICKING FOR SEXUAL SERVITUDE OF
36-AN ADULT OR A MINOR
37-, or during the immediate flight therefrom, or the
38-defendant caused serious bodily injury or death to any person, other than
39-himself or herself TO THE DEFENDANT or another participant, during the
40-commission or attempted commission of any such THE felony or during the
41-immediate flight therefrom.
42-SECTION 2. In Colorado Revised Statutes, 18-1.3-406, amend
43-(2)(a)(II) introductory portion and (2)(a)(II)(J); and add (2)(a)(II)(L) and
44-(2)(a)(II)(M) as follows:
45-18-1.3-406. Mandatory sentences for violent crimes - definitions.
46-(2) (a) (II) Subparagraph (I) of this paragraph (a) SUBSECTION (2)(a)(I) OF
47-THIS SECTION
48- applies to the following crimes:
49-(J) Criminal extortion; or
50-(L) HUMAN TRAFFICKING FOR INVOLUNTARY SERVITUDE OF AN
51-ADULT OR A MINOR IN VIOLATION OF SECTION
52-18-3-503; OR
53-(M) HUMAN TRAFFICKING FOR SEXUAL SERVITUDE OF AN ADULT OR
54-A MINOR IN VIOLATION OF SECTION
55-18-3-504.
56-SECTION 3. In Colorado Revised Statutes, 18-3-503, add (3) as
57-follows:
58-18-3-503. Human trafficking for involuntary servitude - human
59-trafficking of a minor for involuntary servitude. (3) I
60-T IS AN
61-AFFIRMATIVE DEFENSE TO A CHARGE PURSUANT TO THIS SECTION IF THE
62-PERSON BEING CHARGED
63-, AT THE TIME OF THE OFFENSE, WAS A VICTIM OF
64-HUMAN TRAFFICKING FOR INVOLUNTARY SERVITUDE WHO WAS FORCED OR
65-COERCED INTO ENGAGING IN HUMAN TRAFFICKING FOR INVOLUNTARY
66-SERVITUDE PURSUANT TO THIS SECTION
67-.
68-SECTION 4. In Colorado Revised Statutes, 18-3-504, amend (2.5)
69-as follows:
70-PAGE 2-SENATE BILL 24-035 18-3-504. Human trafficking for sexual servitude - human
71-trafficking of a minor for sexual servitude. (2.5) It is an affirmative
72-defense to a charge pursuant to subsection (2) of this section if the person
73-being charged, can demonstrate by a preponderance of the evidence that, at
74-the time of the offense, he or she was a victim of human trafficking for
75-sexual servitude who was forced or coerced into engaging in the human
76-trafficking of minors for sexual servitude pursuant to subsection (2) of this
77-section.
78-SECTION 5. In Colorado Revised Statutes, 16-5-401, amend (6),
79-(8)(a) introductory portion, (8)(a.3) introductory portion, (8)(a.5)
80-introductory portion, (8)(a.7)(I), and (8)(a.7)(II) as follows:
81-16-5-401. Limitation for commencing criminal proceedings, civil
82-infraction proceedings, and juvenile delinquency proceedings -
83-definitions. (6) Except as otherwise provided in paragraph (a) of
84-subsection (1) SUBSECTION (1)(a) of this section pertaining to sex offenses
85-against children, or felony sexual assault in violation of section 18-3-402,
86-C.R.S., HUMAN TRAFFICKING FOR INVOLUNTARY SERVITUDE OF AN ADULT
87-OR A MINOR IN VIOLATION OF SECTION
88-18-3-503, OR HUMAN TRAFFICKING
89-FOR SEXUAL SERVITUDE OF AN ADULT IN VIOLATION OF SECTION
90-18-3-504
91-(1), the period of time during which an adult person or juvenile may be
92-prosecuted shall be IS extended for an additional seven years as to any
93-offense or delinquent act charged under section 18-6-403 C.R.S., or charged
94-as criminal attempt, conspiracy, or solicitation to commit any of the acts
95-specified in said sections.
96-(8) (a) Except as otherwise provided in paragraph (a) of subsection
97-(1) SUBSECTION (1)(a) of this section pertaining to sex offenses against
98-children, or felony sexual assault in violation of section 18-3-402, C.R.S.,
99-HUMAN TRAFFICKING FOR INVOLUNTARY SERVITUDE OF AN ADULT OR A
100-MINOR IN VIOLATION OF SECTION
101-18-3-503, OR HUMAN TRAFFICKING FOR
102-SEXUAL SERVITUDE OF AN ADULT IN VIOLATION OF SECTION
103-18-3-504 (1),
104-and except as otherwise provided in paragraphs (a.3) and (a.5) of this
105-subsection (8) SUBSECTIONS (8)(a.3) AND (8)(a.5) OF THIS SECTION, the
106-period of time during which an adult person or juvenile may be prosecuted
107-shall be
108- IS ten years after the commission of the offense or delinquent act
109-as to any offense or delinquent act:
110-(a.3) Except as otherwise provided in paragraph (a) of subsection (1)
111-PAGE 3-SENATE BILL 24-035 SUBSECTION (1)(a) of this section concerning sex offenses against children,
112-or felony sexual assault in violation of section 18-3-402, C.R.S., HUMAN
113-TRAFFICKING FOR INVOLUNTARY SERVITUDE OF AN ADULT OR A MINOR IN
114-VIOLATION OF SECTION
115-18-3-503, OR HUMAN TRAFFICKING FOR SEXUAL
116-SERVITUDE OF AN ADULT IN VIOLATION OF
117-18-3-504 (1), if the victim at the
118-time of the commission of an offense or delinquent act is a child under
119-eighteen years of age, the period of time during which an adult person or
120-juvenile may be prosecuted shall be
121- IS ten years after such THE victim
122-reaches the age of eighteen years as to any offense or delinquent act:
123-(a.5) Except as otherwise provided in paragraph (a) of subsection (1)
124-SUBSECTION (1)(a) of this section concerning sex offenses against children,
125-or felony sexual assault in violation of section 18-3-402, C.R.S., HUMAN
126-TRAFFICKING FOR INVOLUNTARY SERVITUDE OF AN ADULT OR A MINOR IN
127-VIOLATION OF SECTION
128-18-3-503, OR HUMAN TRAFFICKING FOR SEXUAL
129-SERVITUDE OF AN ADULT IN VIOLATION OF SECTION
130-18-3-504 (1), in any case
131-in which the identity of the defendant or juvenile is determined, in whole or
132-in part, by patterned chemical structure of genetic information, and in which
133-the offense has been reported to a law enforcement agency, as defined in
134-section 26-1-114 (3)(a)(III)(B), C.R.S.,
135- within ten years after the
136-commission of the offense, there shall be IS no limit on the period of time
137-during which a person may be prosecuted after the commission of the
138-offense as to any offense or delinquent act charged:
139-(a.7) (I) Except as otherwise provided in paragraph (a) of subsection
140-(1) SUBSECTION (1)(a) of this section pertaining to sex offenses against
141-children and except as otherwise provided in paragraphs (a.3) and (a.5) of
142-this subsection (8) SUBSECTIONS (8)(a.3) AND (8)(a.5) OF THIS SECTION, the
143-period of time during which an adult person or juvenile may be prosecuted
144-shall be
145- IS twenty years after the commission of the offense or delinquent
146-act as to any offense or delinquent act charged as a felony under section
147-18-3-402, C.R.S.,
148- 18-3-503, OR 18-3-504 (1), or as criminal attempt,
149-conspiracy, or solicitation to commit a felony under section 18-3-402,
150-C.R.S.
151- 18-3-503, OR 18-3-504 (1).
152-(II) Except as otherwise provided in paragraph (a) of subsection (1)
153-SUBSECTION (1)(a) of this section concerning sex offenses against children,
154-if the victim at the time of the commission of an offense or delinquent act
155-is a child under eighteen years of age, the period of time during which an
156-adult person or juvenile may be prosecuted shall be
157- IS twenty years after
158-PAGE 4-SENATE BILL 24-035 such THE victim reaches eighteen years of age as to any offense or
159-delinquent act charged as a felony under section 18-3-402, C.R.S.,
160-18-3-503, OR 18-3-504 (1), or as criminal attempt, conspiracy, or
161-solicitation to commit a felony under section 18-3-402, C.R.S., 18-3-503,
162-OR 18-3-504 (1).
163-SECTION 6. Safety clause. The general assembly finds,
164-determines, and declares that this act is necessary for the immediate
165-preservation of the public peace, health, or safety or for appropriations for
166-PAGE 5-SENATE BILL 24-035 the support and maintenance of the departments of the state and state
167-institutions.
168-____________________________ ____________________________
169-Steve Fenberg Julie McCluskie
170-PRESIDENT OF SPEAKER OF THE HOUSE
171-THE SENATE OF REPRESENTATIVES
172-____________________________ ____________________________
173-Cindi L. Markwell Robin Jones
174-SECRETARY OF CHIEF CLERK OF THE HOUSE
175-THE SENATE OF REPRESENTATIVES
176- APPROVED________________________________________
177- (Date and Time)
178- _________________________________________
179- Jared S. Polis
180- GOVERNOR OF THE STATE OF COLORADO
181-PAGE 6-SENATE BILL 24-035
56+ 2
57+SECTION 1. In Colorado Revised Statutes, 16-1-104, amend3
58+(8.5)(a)(I) as follows:4
59+16-1-104. Definitions. (8.5) (a) (I) "Crime of violence" means a5
60+crime in which the defendant used, or possessed and threatened the use6
61+of, a deadly weapon during the commission or attempted commission of7
62+any crime committed against an elderly person or a person with a8
63+disability or a crime of murder, first or second degree assault, kidnapping,9
64+sexual assault, robbery, first degree arson, first or second degree burglary,10
65+escape, or criminal extortion, HUMAN TRAFFICKING FOR INVOLUNTARY11
66+SERVITUDE OF AN ADULT OR A MINOR, OR HUMAN TRAFFICKING FOR12
67+SEXUAL SERVITUDE OF AN ADULT OR A MINOR , or during the immediate13
68+flight therefrom, or the defendant caused serious bodily injury or death to14
69+any person, other than himself or herself TO THE DEFENDANT or another15
70+participant, during the commission or attempted commission of any such16
71+THE felony or during the immediate flight therefrom.17
72+SECTION 2. In Colorado Revised Statutes, 18-1.3-406, amend18
73+(2)(a)(II) introductory portion and (2)(a)(II)(J); and add (2)(a)(II)(L) and19
74+(2)(a)(II)(M) as follows:20
75+18-1.3-406. Mandatory sentences for violent crimes -21
76+definitions. (2) (a) (II) Subparagraph (I) of this paragraph (a)22
77+SUBSECTION (2)(a)(I) OF THIS SECTION applies to the following crimes:23
78+(J) Criminal extortion; or24
79+035-2- (L) HUMAN TRAFFICKING FOR INVOLUNTARY SERVITUDE OF AN1
80+ADULT OR A MINOR IN VIOLATION OF SECTION 18-3-503; OR2
81+(M) HUMAN TRAFFICKING FOR SEXUAL SERVITUDE OF AN ADULT3
82+OR A MINOR IN VIOLATION OF SECTION 18-3-504.4
83+SECTION 3. In Colorado Revised Statutes, 18-3-503, add (3) as5
84+follows:6
85+18-3-503. Human trafficking for involuntary servitude -7
86+human trafficking of a minor for involuntary servitude. (3) IT IS AN8
87+AFFIRMATIVE DEFENSE TO A CHARGE PURSUANT TO THIS SECTION IF THE9
88+PERSON BEING CHARGED, AT THE TIME OF THE OFFENSE, WAS A VICTIM OF10
89+HUMAN TRAFFICKING FOR INVOLUNTARY SERVITUDE WHO WAS FORCED OR11
90+COERCED INTO ENGAGING IN HUMAN TRAFFICKING FOR INVOLUNTARY12
91+SERVITUDE PURSUANT TO THIS SECTION .13
92+SECTION 4. In Colorado Revised Statutes, 18-3-504, amend14
93+(2.5) as follows:15
94+18-3-504. Human trafficking for sexual servitude - human16
95+trafficking of a minor for sexual servitude. (2.5) It is an affirmative17
96+defense to a charge pursuant to subsection (2) of this section if the person18
97+being charged, can demonstrate by a preponderance of the evidence that,19
98+at the time of the offense, he or she was a victim of human trafficking for20
99+sexual servitude who was forced or coerced into engaging in the human21
100+trafficking of minors for sexual servitude pursuant to subsection (2) of22
101+this section.23
102+SECTION 5. In Colorado Revised Statutes, 16-5-401, amend (6),24
103+(8)(a) introductory portion, (8)(a.3) introductory portion, (8)(a.5)25
104+introductory portion, (8)(a.7)(I), and (8)(a.7)(II) as follows:26
105+16-5-401. Limitation for commencing criminal proceedings,27
106+035
107+-3- civil infraction proceedings, and juvenile delinquency proceedings -1
108+definitions. (6) Except as otherwise provided in paragraph (a) of2
109+subsection (1) SUBSECTION (1)(a) of this section pertaining to sex offenses3
110+against children, or felony sexual assault in violation of section 18-3-402,4
111+C.R.S., HUMAN TRAFFICKING FOR INVOLUNTARY SERVITUDE OF AN ADULT5
112+OR A MINOR IN VIOLATION OF SECTION 18-3-503, OR HUMAN TRAFFICKING6
113+FOR SEXUAL SERVITUDE OF AN ADULT IN VIOLATION OF SECTION 18-3-5047
114+(1), the period of time during which an adult person or juvenile may be8
115+prosecuted shall be IS extended for an additional seven years as to any9
116+offense or delinquent act charged under section 18-6-403 C.R.S., or10
117+charged as criminal attempt, conspiracy, or solicitation to commit any of11
118+the acts specified in said sections.12
119+(8) (a) Except as otherwise provided in paragraph (a) of13
120+subsection (1) SUBSECTION (1)(a) of this section pertaining to sex offenses14
121+against children, or felony sexual assault in violation of section 18-3-402,15
122+C.R.S., HUMAN TRAFFICKING FOR INVOLUNTARY SERVITUDE OF AN ADULT16
123+OR A MINOR IN VIOLATION OF SECTION 18-3-503, OR HUMAN TRAFFICKING17
124+FOR SEXUAL SERVITUDE OF AN ADULT IN VIOLATION OF SECTION 18-3-50418
125+(1), and except as otherwise provided in paragraphs (a.3) and (a.5) of this19
126+subsection (8) SUBSECTIONS (8)(a.3) AND (8)(a.5) OF THIS SECTION, the20
127+period of time during which an adult person or juvenile may be21
128+prosecuted shall be IS ten years after the commission of the offense or22
129+delinquent act as to any offense or delinquent act:23
130+(a.3) Except as otherwise provided in paragraph (a) of subsection24
131+(1) SUBSECTION (1)(a) of this section concerning sex offenses against25
132+children, or felony sexual assault in violation of section 18-3-402, C.R.S.,26
133+HUMAN TRAFFICKING FOR INVOLUNTARY SERVITUDE OF AN ADULT OR A27
134+035
135+-4- MINOR IN VIOLATION OF SECTION 18-3-503, OR HUMAN TRAFFICKING FOR1
136+SEXUAL SERVITUDE OF AN ADULT IN VIOLATION OF 18-3-504 (1), if the2
137+victim at the time of the commission of an offense or delinquent act is a3
138+child under eighteen years of age, the period of time during which an4
139+adult person or juvenile may be prosecuted shall be IS ten years after such5
140+THE victim reaches the age of eighteen years as to any offense or6
141+delinquent act:7
142+(a.5) Except as otherwise provided in paragraph (a) of subsection8
143+(1) SUBSECTION (1)(a) of this section concerning sex offenses against9
144+children, or felony sexual assault in violation of section 18-3-402, C.R.S.,10
145+HUMAN TRAFFICKING FOR INVOLUNTARY SERVITUDE OF AN ADULT OR A11
146+MINOR IN VIOLATION OF SECTION 18-3-503, OR HUMAN TRAFFICKING FOR12
147+SEXUAL SERVITUDE OF AN ADULT IN VIOLATION OF SECTION 18-3-504 (1),13
148+in any case in which the identity of the defendant or juvenile is14
149+determined, in whole or in part, by patterned chemical structure of genetic15
150+information, and in which the offense has been reported to a law16
151+enforcement agency, as defined in section 26-1-114 (3)(a)(III)(B), C.R.S.,17
152+within ten years after the commission of the offense, there shall be IS no18
153+limit on the period of time during which a person may be prosecuted after19
154+the commission of the offense as to any offense or delinquent act charged:20
155+(a.7) (I) Except as otherwise provided in paragraph (a) of21
156+subsection (1) SUBSECTION (1)(a) of this section pertaining to sex offenses22
157+against children and except as otherwise provided in paragraphs (a.3) and23
158+(a.5) of this subsection (8) SUBSECTIONS (8)(a.3) AND (8)(a.5) OF THIS24
159+SECTION, the period of time during which an adult person or juvenile may25
160+be prosecuted shall be IS twenty years after the commission of the offense26
161+or delinquent act as to any offense or delinquent act charged as a felony27
162+035
163+-5- under section 18-3-402, C.R.S., 18-3-503, OR 18-3-504 (1), or as criminal1
164+attempt, conspiracy, or solicitation to commit a felony under section2
165+18-3-402, C.R.S. 18-3-503, OR 18-3-504 (1).3
166+(II) Except as otherwise provided in paragraph (a) of subsection4
167+(1) SUBSECTION (1)(a) of this section concerning sex offenses against5
168+children, if the victim at the time of the commission of an offense or6
169+delinquent act is a child under eighteen years of age, the period of time7
170+during which an adult person or juvenile may be prosecuted shall be IS8
171+twenty years after such THE victim reaches eighteen years of age as to any9
172+offense or delinquent act charged as a felony under section 18-3-402,10
173+C.R.S., 18-3-503, OR 18-3-504 (1), or as criminal attempt, conspiracy, or11
174+solicitation to commit a felony under section 18-3-402, C.R.S., 18-3-503,12
175+OR 18-3-504 (1).13
176+SECTION 6. Safety clause. The general assembly finds,14
177+determines, and declares that this act is necessary for the immediate15
178+preservation of the public peace, health, or safety or for appropriations for16
179+the support and maintenance of the departments of the state and state17
180+institutions.18
181+035
182+-6-