Colorado 2024 2024 Regular Session

Colorado Senate Bill SB120 Engrossed / Bill

Filed 05/01/2024

                    Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 24-0636.01 Megan McCall x4215
SENATE BILL 24-120
Senate Committees House Committees
Judiciary
Finance
Appropriations
A BILL FOR AN ACT
C
ONCERNING UPDATES TO THE "CRIME VICTIM COMPENSATION ACT".101
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
.)
The bill makes the following updates to the "Crime Victim
Compensation Act" (act):
! Changes verbiage concerning an award of compensation to
approval of compensation for consistency with how crime
victim compensation programs operate;
! Revises language to be gender neutral;
! Changes the terminology for court administrator to court
executive to reflect the accurate position title as changed by
SENATE
3rd Reading Unamended
May 1, 2024
SENATE
Amended 2nd Reading
April 30, 2024
SENATE SPONSORSHIP
Fields, Bridges, Buckner, Cutter, Jaquez Lewis, Kirkmeyer, Kolker, Liston, Lundeen,
Marchman, Michaelson Jenet, Mullica, Priola, Winter F.
HOUSE SPONSORSHIP
Bird,
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. the state court administrator's office;
! Includes state offenses specified in the "Victim Rights Act"
under the definition of compensable crime;
! Includes as property damage expenses incurred for a motor
vehicle determined by law enforcement to be where a
compensable crime was committed;
! Modifies the requirement to notify appropriate law
enforcement officials to be eligible to receive
compensation under the act by removing the 72-hour
requirement. The requirement is met if the victim or
applicant provides documentation that a forensic
examination was conducted by a licensed or registered
nurse or medical providers.
! Modifies the requirement to fully cooperate with law
enforcement officials to be eligible to receive
compensation under the act to requiring the applicant to
have reasonably cooperated with law enforcement officials;
! Removes the requirement that an application be submitted
within one year of the date of injury to the victim;
! Removes outpatient care and homemaker and home health
services and adds replacement services losses, which is
defined in the bill, funeral expenses, certain travel
expenses, dependent care services, and certain relocation
services as losses compensable under the act;
! Adds as compensable losses towing or impound fees for a
motor vehicle that is determined to be where a
compensable crime was committed and prosthetic or
medically necessary devices were damaged or stolen as a
result of a compensable crime;
! Excludes property damage expenses and motor vehicle
expenses as losses compensable under the act except as
otherwise provided under the act;
! Allows for emergency approvals to be made in an amount
according to a judicial district's crime victim compensation
board's policies instead of the $2,000 cap under existing
law;
! Increases the amount that district attorneys may retain from
money deposited in the judicial district's crime victim
compensation fund for administrative costs from 12.5% to
22.5%;
! Levies a cost of $33 on each criminal action that results
with placement in an alternative sentencing program to be
credited to the crime victim compensation fund established
in the judicial district where the offense occurred; and
! Removes the exception from the prohibition from a court
120
-2- suspending or waiving a cost or surcharge levied under the
act if the court determines a defendant against a cost or
surcharge levied is indigent.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 24-4.1-102, amend2
(1), (4)(a)(I), (4)(b), (5)(b), (7.5), (8.5)(b), (9), (10)(a), (10)(b), and3
(10)(c); and add (9.5) as follows:4
24-4.1-102.  Definitions. As used in this part 1, unless the context5
otherwise requires:6
(1)  "Applicant" means any victim of a compensable crime who7
applies to the fund for compensation under this part 1. In the case of such8
A victim's death, the term includes any person who was his
 THE VICTIM'S9
dependent at the time of the death of that victim.10
(4) (a)  "Compensable crime" means:11
(I)  An intentional, knowing, reckless, or criminally negligent act12
of a person or any act in violation of section 42-4-1301 (1) or (2) C.R.S.,13
that results in residential property damage to or bodily injury or death of14
another person or results in loss of or damage to eyeglasses, dentures,15
hearing aids, or other prosthetic or medically necessary devices and16
which, if committed by a person of full legal capacity, is punishable as a17
crime in this state; or18
(b)  "Compensable crime" includes, 
BUT IS NOT LIMITED TO, ANY19
STATE OFFENSE THAT IS A CRIME PURSUANT TO SECTION 24-4.1-302 (1)20
AND ANY federal offenses that are
 OFFENSE THAT IS comparable to those21
specified in paragraph (a) of this subsection (4) SUBSECTION (4)(a) OF22
THIS SECTION and are IS committed in this state.23
(5) (b)  "Dependent" also means the A child or spouse INTIMATE24
120-3- PARTNER of the accused or other person in an intimate relationship, as1
defined in section 18-6-800.3, C.R.S., with the accused, if the accused2
provided household support to the dependent.3
(7.5)  "Household support" means the monetary support that a4
dependent would have received from the accused for the purpose of5
maintaining a home or residence 
AND DEPENDENT CARE.6
(8.5) (b)  "Property damage" also includes expenses related to the7
rekeying of a motor vehicle or other locks necessary to ensure a victim's8
safety 
AND MAY INCLUDE EXPENSES INCURRED FOR A MOTOR VEHICLE9
THAT IS DETERMINED BY LAW ENFORCEMENT TO BE WHERE A10
COMPENSABLE CRIME WAS COMMITTED .11
(9)  "Relative" means a victim's spouse,
 INTIMATE PARTNER,12
parent, grandparent, stepfather, stepmother, child, grandchild, brother,13
sister, half brother, half sister, or spouse's parents. The term includes said14
relationships that are created as a result of adoption. In addition,15
"relative" includes any person who has a family-type relationship with a16
victim.17
(9.5)  "R
EPLACEMENT SERVICES LOSS " MEANS EXPENSES18
REASONABLY INCURRED IN OBTAINING NECESSARY SERVICES THAT AN19
INJURED OR DECEASED VICTIM WOULD OTHERWISE HAVE PERFORMED FOR20
THE BENEFIT OF THE VICTIM'S SELF OR FAMILY, BUT NOT FOR INCOME, IF21
THE VICTIM HAD NOT BEEN INJURED OR DIED .22
(10) (a)  "Victim" means any of the following persons who suffer23
property damage, economic loss, injury, or death as a result of a24
compensable crime perpetrated or attempted in whole or in part in this25
state:26
(I)  Any person against whom a compensable crime is perpetrated27
120
-4- or attempted. Such A person shall be referred to as IS a "primary victim".1
(II)  Any person who attempts to assist or assists a primary victim;2
(III)  Any person who is a relative of a primary victim.3
(b)  "Victim" also means a person who suffers injury or death, the4
proximate cause of which is a compensable crime perpetrated or5
attempted in the person's presence against a primary victim. S
UCH A6
PERSON IS A "SECONDARY VICTIM" AND ALSO INCLUDES:7
(I)  A
NY PERSON WHO ATTEMPTS TO ASSIST OR ASSISTS A PRIMARY8
VICTIM; OR9
(II)  A
NY PERSON WHO IS A RELATIVE OF A PRIMARY VICTIM .10
(c)  "Victim" also means a person who is a resident of this state11
and who is a victim of a crime that occurred outside of this state, where12
the crime would be a compensable crime had it occurred in this state and13
where the state or country in which the crime occurred does not have a14
REASONABLY ACCESSIBLE crime victim compensation program for which15
the person would be eligible.16
SECTION 2. In Colorado Revised Statutes, 24-4.1-103, amend17
(1) as follows:18
24-4.1-103.  Crime victim compensation board - creation.19
(1)  There is hereby created in each judicial district a crime victim20
compensation board. Each board shall be
 IS composed of three members21
to be appointed by the district attorney. The district attorney shall22
designate one of the members as chairman CHAIRPERSON. To the extent23
possible, members shall fairly reflect the population of the judicial24
district.25
SECTION 3. In Colorado Revised Statutes, amend 24-4.1-10426
as follows:27
120
-5- 24-4.1-104.  District attorney to assist board. The district1
attorney and his THE DISTRICT ATTORNEY'S legal and administrative staff2
shall assist the board in the performance of its duties pursuant to this part3
1.4
SECTION 4. In Colorado Revised Statutes, 24-4.1-105, amend5
(1) and (3) as follows:6
24-4.1-105.  Application for compensation. (1)  A person who7
may be eligible for compensation under this part 1 may apply to the board8
in the judicial district in which the crime was committed. In a case in9
which the person entitled to apply is a minor, the application may be10
made on his THE MINOR'S behalf by his THE MINOR'S parent or guardian.11
In a case in which the person entitled to apply is mentally incompetent,12
the application may be made on his THE PERSON'S behalf by his THE13
PERSON'S parent, conservator, or guardian or by any other individual14
authorized to administer his THE PERSON'S estate.15
(3)  If the applicant makes any false statement as to a material fact,16
he shall be THE APPLICANT IS ineligible for an award APPROVAL pursuant17
to this part 1.18
SECTION 5. In Colorado Revised Statutes, 24-4.1-108, amend19
(1) introductory portion, (1)(b), (1)(c), (1)(e), (1)(f), (1.5) introductory20
portion, (1.5)(c), (1.5)(d), (3), and (4) as follows:21
24-4.1-108.  Approving compensation. (1)  A person is entitled22
to an award APPROVAL of compensation under this part 1 if:23
(b)  The appropriate law enforcement officials were notified of the24
perpetration of the crime allegedly causing the death of or injury to the25
victim. within seventy-two hours after its perpetration, unless the board26
finds good cause exists for the failure of notification; THE REQUIREMENT27
120
-6- TO NOTIFY THE APPROPRIATE LAW ENFORCEMENT OFFICIALS REQUIRED BY1
THIS SUBSECTION (1)(b) IS SATISFIED IF, AS THE RESULT OF THE2
COMPENSABLE CRIME THAT THE APPLICATION IS BEING SUBMITTED FOR ,3
THE VICTIM OR APPLICANT PROVIDES DOCUMENTATION THAT A FORENSIC4
EXAMINATION WAS CONDUCTED BY A LICENSED OR REGISTERED NURSE OR5
MEDICAL PROVIDER.6
(c)  The applicant has cooperated fully REASONABLY with law7
enforcement officials in the apprehension and prosecution of the8
assailant, or the board has found good cause exists for the failure to9
cooperate, or, if the applicant is a victim of assault by strangulation, the10
applicant cooperates with law enforcement by undergoing a medical11
forensic examination;12
(e)  The death of or injury to the victim was not substantially13
attributable to his THE VICTIM'S wrongful act or substantial provocation14
of his THE VICTIM'S assailant; and15
(f)  The application for an award APPROVAL of compensation under16
this part 1 is filed with the board. within one year of the date of injury to17
the victim or within such further extension of time as the board, for good18
cause shown, allows. For purposes of this paragraph (f), "good cause"19
may include but is not limited to circumstances in which a crime has20
remained unsolved for more than one year.21
(1.5)  A person is entitled to an award APPROVAL of compensation22
for property damage under this part 1 if:23
(c)  The applicant has cooperated fully REASONABLY with law24
enforcement officials in the apprehension and prosecution of the assailant25
or the board has found 
THAT good cause exists for the failure to26
cooperate; and27
120
-7- (d)  The application for an award APPROVAL of compensation for1
property damage under this part 1 is filed with the board within six2
months of the date of property damage or within such further extension3
of time as the board, for good cause shown, allows.4
(3)  Upon a finding by the board that compensation should be5
awarded, APPROVED, the board shall submit a statement of award6
PAYMENT REQUEST to the court administrator EXECUTIVE, who shall remit7
payment in accordance with the statement of award PAYMENT REQUEST.8
(4)  Consistent with approved standards established pursuant to9
section 24-4.1-117.3 (3) for the administration of crime victim10
compensation funds, the board may develop policies to ensure that11
primary victims are compensated and to ensure that available moneys12
MONEY in the fund are IS not exceeded.13
SECTION 6. In Colorado Revised Statutes, 24-4.1-109, amend14
(1)(e), (1.5)(a), (2)(a), and (2)(b); repeal (1)(c) and (1)(d); and add15
(1)(d.5), (1)(i), (1)(j), (1)(k), (1)(l), and (2)(d) as follows:16
24-4.1-109.  Losses compensable. (1)  Losses compensable under17
this part 1 resulting from death of or injury to a victim include:18
(c)  Outpatient care;19
(d)  Homemaker and home health services;20
(d.5)  R
EPLACEMENT SERVICES LOSSES;21
(e)  F
UNERAL AND burial expenses;22
(i)  R
EASONABLE TRAVEL EXPENSES FOR A VICTIM RELATED TO23
FUNERAL, BURIAL, MEDICAL CARE, OR MENTAL HEALTH COUNSELING ;24
(j)  R
EASONABLE TRAVEL EXPENSES FOR A VICTIM RELATED TO25
ATTENDING CRITICAL EVENTS PURSUANT TO SECTION 24-4.1-302 (2),26
EXCEPT WHEN THE PRIMARY OR SECONDARY VICTIM IS SUBPOENAED TO27
120
-8- TESTIFY;1
(k)  D
EPENDENT CARE SERVICES; AND2
(l)  R
EASONABLE RELOCATION EXPENSES FOR A VICTIM TO3
RELOCATE AS NECESSARY TO ENSURE THE VICTIM 'S SAFETY.4
(1.5) (a)  Losses compensable under this part 1 resulting from5
property damage include:6
(I) (A)  Repair or replacement of 
RESIDENTIAL property damaged7
as a result of a compensable crime; or8
(B)  Payment of the deductible amount on a residential 
OR MOTOR9
VEHICLE insurance policy;10
(II)  Any modification to the victim's residence that is necessary to11
ensure victim safety; and
12
(III)  The rekeying of a motor vehicle or other lock that is13
necessary to ensure the victim's safety;14
(IV)  T
OWING OR IMPOUND FEES FOR A MOTOR VEHICLE THAT LAW15
ENFORCEMENT DETERMINES TO BE WHERE A COMPENSABLE CRIME WAS16
COMMITTED; AND17
(V)  R
EPAIR OR REPLACEMENT OF DENTURES , EYEGLASSES,18
HEARING AIDS, OR OTHER PROSTHETIC OR MEDICALLY NECESSARY DEVICES19
DAMAGED OR STOLEN AS A RESULT OF A COMPENSABLE CRIME .20
(2)  Compensable losses do not include:21
(a)  Pain and suffering or property damage other than residential
22
property damage or rekeying a lock pursuant to subparagraph (III) of23
paragraph (a) of subsection (1.5) EXPENSES OTHER THAN THOSE SPECIFIED24
IN SUBSECTION (1.5)(a) of this section; or25
(b)  Aggregate damages to the victim or to the dependents of a26
victim exceeding thirty thousand dollars; 
OR27
120
-9- (d)  MOTOR VEHICLE EXPENSES OTHER THAN THOSE SPECIFIED IN1
SUBSECTIONS (1.5)(a)(I)(B) AND (1.5)(a)(III) OF THIS SECTION.2
SECTION 7. In Colorado Revised Statutes, amend 24-4.1-1103
as follows:4
24-4.1-110.  Recovery from collateral source. (1)  The board5
shall MAY deduct from compensation it awards APPROVES under this part6
1 any payments received by the applicant from the offender or from a7
person on behalf of the offender, from the United States or any state, or8
any subdivision or agency thereof, from a private source, or from an9
emergency award APPROVAL under this part 1 for injury or death10
compensable under this part 1, excluding death or pension benefits. 11
(2)  If compensation is awarded APPROVED under this part 1 and12
the person receiving it also receives a collateral sum under subsection (1)13
of this section which has not been deducted from it, he THE PERSON shall14
refund to the board the lesser of the sums or the amount of compensation15
paid to him THE PERSON under this part 1 unless the aggregate of both16
sums does not exceed his THE PERSON'S losses. The fund shall be IS the17
payer of last resort.18
(3)  If a defendant is ordered to pay restitution under article 18.519
of title 16 C.R.S., to a person who has received compensation awarded20
under this part 1, an amount equal to the compensation awarded shall21
APPROVED MUST be transmitted from such restitution to the board for22
allocation to the fund.23
SECTION 8. In Colorado Revised Statutes, amend 24-4.1-11124
as follows:25
24-4.1-111.  Compensation to relatives. (1)  A relative of a26
victim, even though he THE RELATIVE was not a dependent of the victim,27
120
-10- is eligible for compensation for reasonable medical, FUNERAL, or burial1
expenses for the victim, if:2
(a)  Such expenses were paid by him THE RELATIVE; and3
(b)  He THE RELATIVE files a claim in the manner provided in this4
part 1.5
SECTION 9. In Colorado Revised Statutes, amend 24-4.1-1126
as follows:7
24-4.1-112.  Emergency approvals. (1)  The board may order an8
emergency award APPROVAL to the applicant pending a final decision in9
the claim if it appears to the board, prior to taking action upon the claim,10
that undue hardship will result to the applicant if immediate payment is11
not made. Awards APPROVALS pursuant to this section are intended to12
cover expenses incurred by crime victims in meeting their immediate13
short-term needs. The amount of such award shall not AN APPROVAL14
PURSUANT TO THIS SECTION MUST NOT exceed two thousand dollars THE15
AMOUNT SET FORTH IN THE BOARD 'S POLICIES REGARDING EMERGENCY16
APPROVALS and shall MUST be deducted from any final award APPROVAL17
made as a result of the claim.18
(2)  If the amount of such AN emergency award APPROVAL exceeds19
the sum the board would have awarded APPROVED pursuant to this part 1,20
such excess shall MUST be repaid by the recipient.21
SECTION 10. In Colorado Revised Statutes, amend 24-4.1-11422
as follows:23
24-4.1-114.  Assignment, attachment, or garnishment of24
approved compensation. No compensation payable under this article25
4.1, prior to actual receipt thereof by the person or beneficiary entitled26
thereto or his THE PERSON'S OR BENEFICIARY'S legal representative, shall27
120
-11- be IS assignable or subject to execution, garnishment, attachment, or any1
other process, including process to satisfy an order or judgment for2
support or alimony.3
SECTION 11. In Colorado Revised Statutes, amend4
24-4.1-114.5 as follows:5
24-4.1-114.5.  Limitations on characterization of payment as6
income. No compensation payable to an applicant under this part 1 shall7
be IS included in the applicant's income for purposes of the Colorado8
income tax imposed in article 22 of title 39, C.R.S.; nor shall IS it be9
considered as income, property, or support for the purposes of10
determining the eligibility of the applicant for public assistance or the11
amount of assistance payments pursuant to section 26-2-108. C.R.S.12
SECTION 12. In Colorado Revised Statutes, amend 24-4.1-11613
as follows:14
24-4.1-116.  Subrogation. The acceptance of an award APPROVED15
COMPENSATION made pursuant to this part 1 shall subrogate SUBROGATES16
the state, to the extent of such award, THE APPROVED AMOUNT , to any17
right or right of action accruing to the applicant.18
SECTION 13. In Colorado Revised Statutes, amend 24-4.1-11719
as follows:20
24-4.1-117.  Fund created - control of fund. (1)  The crime21
victim compensation fund is hereby established in the office of the court22
administrator EXECUTIVE of each judicial district for the benefit of23
eligible applicants under this part 1.24
(2)  The fund consists of all money paid as a cost or surcharge25
levied on criminal actions, as provided in section 24-4.1-119; any federal26
money available to state or local governments for victim compensation;27
120
-12- all money received from any action or suit to recover damages from an1
assailant for a compensable crime which was the basis for an award2
APPROVAL of, and limited to, compensation received under this part 1;3
any restitution paid by an assailant to a victim for damages for a4
compensable crime which was the basis for an award APPROVAL OF5
COMPENSATION received under this part 1 and for damages for which the6
victim has received an award APPROVAL of, and limited to, compensation7
received under this part 1; money transferred from the marijuana tax cash8
fund pursuant to section 39-28.8-501 (4.9)(b); and any other money that9
the general assembly may appropriate or transfer to the fund.10
(3)  All moneys MONEY deposited in the fund shall be IS deposited11
in an interest-bearing account, which shall MUST be no less secure than12
those used by the state treasurer, and which shall MUST yield the highest13
interest possible. All interest earned by moneys MONEY in the fund shall14
be IS credited to the fund.15
(4)  At the conclusion of each fiscal year, all moneys MONEY16
remaining in the fund shall remain REMAINS in the fund. for use the17
succeeding year18
(5)  All moneys MONEY deposited in the fund shall MUST be used19
solely for the compensation of victims pursuant to this part 1; except that20
the district attorney and the court administrator EXECUTIVE may use an21
aggregate of no more than twelve TWENTY-TWO and one-half percent of22
the total amount of moneys MONEY in the crime victim compensation23
fund for administrative costs incurred pursuant to this part 1. The district24
attorney shall be permitted to MAY use no more than ten TWENTY percent25
of the total amount of moneys MONEY in the fund for administrative costs.26
The court administrator shall be permitted to EXECUTIVE MAY use no27
120
-13- more than two and one-half percent of the total amount of moneys MONEY1
in the fund for administrative costs.2
(6)  Grants of federal funds MONEY that are IS accepted pursuant3
to this part 1 for the purpose of assisting crime victims shall not be used4
to supplant state funds available to assist crime victims.5
SECTION 14. In Colorado Revised Statutes, 24-4.1-117.3,6
amend (2)(a)(VIII) as follows:7
24-4.1-117.3.  Crime victim services advisory board - creation8
- duties. (2) (a)  The advisory board shall consist CONSISTS of at least9
seventeen members appointed by the executive director, including but not10
limited to:11
(VIII)  A judicial district administrator COURT EXECUTIVE or12
judicial district representative;13
SECTION 15. In Colorado Revised Statutes, amend 24-4.1-11814
as follows:15
24-4.1-118.  Court executive custodian of fund - disbursements.16
The court administrator EXECUTIVE of each judicial district shall be IS the17
custodian of the fund, and 
THE COURT EXECUTIVE SHALL PAY all
18
disbursements from the fund shall be paid by him upon written19
authorization of the board or the court.20
SECTION 16. In Colorado Revised Statutes, 24-4.1-119, amend21
(1)(a), (1)(b), (1)(c), (1)(f), (1)(g)(I),       (2), and (3); and add (1)(h) as22
follows:23
24-4.1-119.  Costs and surcharges levied on criminal actions24
and traffic offenses. (1) (a)  Except as provided in subsection (1)(c) of25
this section, a cost of one hundred sixty-three dollars for felonies,26
seventy-eight dollars for misdemeanors, forty-six dollars for class 127
120
-14- misdemeanor traffic offenses, and thirty-three dollars for class 21
misdemeanor traffic offenses is levied on each criminal action resulting2
in a conviction or in a deferred judgment and sentence, as provided for in3
section 18-1.3-102, which criminal action is charged pursuant to state4
statute. The defendant shall pay these costs to the clerk of the court. Each5
clerk shall transmit the costs received to the court administrator6
EXECUTIVE of the judicial district in which the offense occurred for credit7
to the crime victim compensation fund established in that judicial district.8
(b)  The costs required by paragraph (a) of this subsection (1)9
SUBSECTION (1)(a) OF THIS SECTION shall not be levied on criminal actions10
which are charged pursuant to the penalty assessment provisions of11
section 42-4-1701, C.R.S., or to any violations of articles 1 to 15 of title12
33. C.R.S.13
(c)  A cost of thirty-three dollars is hereby levied on each criminal14
action resulting in a conviction or in a deferred judgment and sentence,15
as provided for in section 18-1.3-102 C.R.S., of a violation of section16
42-4-1301 (1) or (2). C.R.S. This cost shall be paid THE DEFENDANT17
SHALL PAY THIS COST to the clerk of the court, who shall deposit the same18
in TRANSMIT THE COSTS RECEIVED TO THE COURT EXECUTIVE OF THE19
JUDICIAL DISTRICT IN WHICH THE OFFENSE OCCURRED FOR CREDIT TO the20
crime victim compensation fund established in section 24-4.1-117 THAT21
JUDICIAL DISTRICT.22
(f) (I)  A surcharge is hereby levied against each penalty23
assessment imposed for a violation of a class A or class B traffic24
infraction or class 1 or class 2 misdemeanor traffic offense pursuant to25
section 42-4-1701. C.R.S. The amount of the surcharge shall be IS one26
half of the amount specified in the penalty and surcharge schedule in27
120
-15- section 42-4-1701 (4) C.R.S., or, if no surcharge amount is specified, the1
surcharge shall be IS calculated as thirty-seven percent of the penalty2
imposed. All moneys MONEY collected by the department of revenue3
pursuant to this paragraph (f) shall SUBSECTION (1)(f) MUST be4
transmitted to the court administrator EXECUTIVE of the judicial district5
in which the infraction occurred for credit to the crime victim6
compensation fund established in that judicial district as provided in7
ACCORDANCE WITH THE REQUIREMENTS SET FORTH IN section 42-1-217.8
C.R.S.	9
(II)  All calculated surcharge amounts pursuant to this paragraph10
(f) SUBSECTION (1)(f) resulting in dollars and cents shall MUST be rounded11
down to the nearest whole dollar.12
(III)  The surcharges levied pursuant to this paragraph (f)13
SUBSECTION (1)(f) are separate and distinct from surcharges levied14
pursuant to section 24-4.2-104 for the victims and witnesses assistance15
and law enforcement fund.16
(g) (I)  A surcharge of eight dollars is levied against each penalty17
imposed for violation of a civil infraction pursuant to section 16-2.3-101.18
The clerk of the court shall transmit all money collected to the court19
administrator EXECUTIVE of the judicial department in which the offense20
occurred for credit to the crime victim compensation fund established in21
that judicial district.22
(h)  A
 COST OF THIRTY-THREE DOLLARS IS LEVIED ON EACH23
CRIMINAL ACTION THAT RESULTS WITH PLACEMENT IN AN ALTERNATIVE24
SENTENCING PROGRAM PURSUANT TO SECTION 18-1.3-101. THIS COST IS25
PAID TO THE ALTERNATIVE SENTENCING PROGRAM AND THEN26
TRANSMITTED TO THE COURT EXECUTIVE OF THE JUDICIAL DISTRICT27
120
-16- WHERE THE OFFENSE OCCURRED FOR CREDIT TO THE CRIME VICTIM1
COMPENSATION FUND ESTABLISHED IN THAT JUDICIAL DISTRICT .2
     3
(2)  For purposes of determining the order of priority for payments4
required of a defendant pursuant to section 18-1.3-204 (2.5) C.R.S., the5
payments to the victim compensation fund required under this part 1 shall6
be ARE the first obligation of the defendant.7
(3)  The provisions of sections 18-1.3-701 and 18-1.3-702 C.R.S.,8
shall be ARE applicable as to the collection of costs levied pursuant to this9
part 1.10
SECTION 17. In Colorado Revised Statutes, amend 24-4.1-12211
as follows:12
24-4.1-122.  Reports. On or before October 1, 1985, and on or13
before each October 1 thereafter, the court administrator EXECUTIVE of14
each judicial district shall report to the state court administrator the15
amount of moneys MONEY collected by the judicial district in the prior16
fiscal year and the amount of moneys MONEY distributed to crime victims17
in the prior fiscal year by the board.18
SECTION 18. Applicability. This act applies to approvals for19
compensation pursuant to the "Colorado Crime Victim Compensation20
Act" on or after the effective date of this act.21
SECTION 19. Safety clause. The general assembly finds,22
determines, and declares that this act is necessary for the immediate23
preservation of the public peace, health, or safety or for appropriations for24
the support and maintenance of the departments of the state and state25
institutions.26
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