Colorado 2025 Regular Session

Colorado House Bill HB1141 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	First Regular Session
2	2	Seventy-fifth General Assembly
3	3	STATE OF COLORADO
4	4	INTRODUCED
5	5
6	6
7	7	LLS NO. 25-0353.02 Anna Petrini x5497
8	8	HOUSE BILL 25-1141
9	9	House Committees Senate Committees
10	10	Judiciary
11	11	A BILL FOR AN ACT
12	12	C
13	13	ONCERNING CRIMINAL OFFENS ES AFFECTING RETAILERS .101
14	14	Bill Summary
15	15	(Note: This summary applies to this bill as introduced and does
16	16	not reflect any amendments that may be subsequently adopted. If this bill
17	17	passes third reading in the house of introduction, a bill summary that
18	18	applies to the reengrossed version of this bill will be available at
19	19	http://leg.colorado.gov
20	20	.)
21	21	Current law requires mandatory sentencing to at least the minimum
22	22	of the prescribed range for a person who, within the immediately
23	23	preceding 4 years, was twice convicted of felony theft from a store and
24	24	who is once again convicted of felony theft from a store.
25	25	The bill requires a state court to sentence a person convicted of
26	26	burglary, robbery, theft, or a related property crime from or of a store,
27	27	who was convicted of any 2 of the specified property crimes or
28	28	comparable municipal offenses from or of a store within the preceding 4
29	29	HOUSE SPONSORSHIP
30	30	Bradley, Barron, Bradfield, Brooks, Caldwell, DeGraaf, Garcia Sander, Hartsook, Keltie,
31	31	Richardson, Soper, Winter T., Woog
32	32	SENATE SPONSORSHIP
33	33	Carson,
34	34	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
35	35	Capital letters or bold & italic numbers indicate new material to be added to existing law.
36	36	Dashes through the words or numbers indicate deletions from existing law. years, to at least the midpoint term for the current offense.
37	37	The bill adds language to the existing theft statute clarifying how
38	38	a gift card's value is determined for purposes of determining the offense
39	39	level and associated penalty. If the stolen item of value is a gift card, then
40	40	the value is the full monetary face value or, in the case of a variable load
41	41	gift card, the maximum potential value, regardless of whether funds have
42	42	been transferred to the gift card at the time of the theft. The bill adds gift
43	43	cards to the list of written instruments subject to forgery.
44	44	Be it enacted by the General Assembly of the State of Colorado:1
45	45	SECTION 1. In Colorado Revised Statutes, add 18-4-206 as2
46	46	follows:3
47	47	18-4-206. Burglary of a store - mandatory sentencing for4
48	48	repeated offense. W
49	49	HEN A PERSON IS CONVICTED OF ANY OFFENSE5
50	50	PURSUANT TO THIS PART 2 AND THE BURGLARY OR RELATED OFFENSE WAS6
51	51	FROM OR OF A STORE, THE COURT SHALL SENTENCE THE PERSON PURSUANT7
52	52	TO THE PROVISIONS OF SECTION 18-4-413 (2) IF THE PERSON HAS, WITHIN8
53	53	THE IMMEDIATELY PRECEDING FOUR YEARS , BEEN CONVICTED OF ANY TWO9
54	54	OFFENSES PURSUANT TO THIS PART 2 OR PART 3 OR PART 4 OF THIS ARTICLE10
55	55	4,
56	56	OR PURSUANT TO COMPARABLE MUNICIPAL ORDINANCES , AND EACH11
57	57	OFFENSE WAS FROM OR OF A STORE.12
58	58	SECTION 2. In Colorado Revised Statutes, add 18-4-306 as13
59	59	follows:14
60	60	18-4-306. Robbery of a store - mandatory sentencing for15
61	61	repeated offense. W
62	62	HEN A PERSON IS CONVICTED OF ANY OFFENSE16
63	63	PURSUANT TO THIS PART 3 AND THE ROBBERY OR RELATED OFFENSE WAS17
64	64	FROM OR OF A STORE, THE COURT SHALL SENTENCE THE PERSON PURSUANT18
65	65	TO THE PROVISIONS OF SECTION 18-4-413 (2) IF THE PERSON HAS, WITHIN19
66	66	THE IMMEDIATELY PRECEDING FOUR YEARS , BEEN CONVICTED OF ANY TWO20
67	67	OFFENSES PURSUANT TO THIS PART 3 OR PART 2 OR PART 4 OF THIS ARTICLE21
68	68	HB25-1141-2- 4, OR PURSUANT TO COMPARABLE MUNICIPAL ORDINANCES , AND EACH1
69	69	OFFENSE WAS FROM OR OF A STORE.2
70	70	SECTION 3. In Colorado Revised Statutes, 18-4-401, add (13)3
71	71	as follows:4
72	72	18-4-401. Theft - definitions. (13) (a) I
73	73	F THE ITEM OF VALUE5
74	74	INVOLVED IS A GIFT CARD, THEN FOR PURPOSES OF DETERMINING THE6
75	75	OFFENSE LEVEL PURSUANT TO SUBSECTION (2) OF THIS SECTION, THE7
76	76	VALUE IS THE FULL MONETARY FACE VALUE OR , IN THE CASE OF A8
77	77	VARIABLE LOAD GIFT CARD , THE MAXIMUM POTENTIAL VALUE ,9
78	78	REGARDLESS OF WHETHER FUNDS HAVE BEEN TRANSFERRED TO THE GIFT10
79	79	CARD AT THE TIME OF THE THEFT.11
80	80	(b) A
81	81	S USED IN THIS SUBSECTION (13):12
82	82	(I) "C
83	83	LOSED-LOOP GIFT CARD" MEANS A CARD, CODE, OR DEVICE13
84	84	THAT IS ISSUED TO A CONSUMER ON A PREPAID BASIS , PRIMARILY FOR14
85	85	PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES, IN A SPECIFIED AMOUNT,15
86	86	REGARDLESS OF WHETHER THE AMOUNT MAY BE INCREASED OR RELOADED16
87	87	IN EXCHANGE FOR PAYMENT, AND IS REDEEMABLE UPON PRESENTATION BY17
88	88	A CONSUMER AT A SINGLE MERCHANT OR GROUP OF AFFILIATED18
89	89	MERCHANTS.19
90	90	(II) "G
91	91	IFT CARD" MEANS A PHYSICAL OR DIGITAL CLOSED -LOOP20
92	92	GIFT CARD OR OPEN-LOOP GIFT CARD THAT IS EITHER ACTIVATED OR21
93	93	INACTIVATED.22
94	94	(III) "O
95	95	PEN-LOOP GIFT CARD" MEANS A CARD, CODE, OR DEVICE23
96	96	THAT IS ISSUED TO A CONSUMER ON A PREPAID BASIS , PRIMARILY FOR24
97	97	PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES, IN A SPECIFIED AMOUNT,25
98	98	REGARDLESS OF WHETHER THAT AMOUNT MAY BE INCREASED OR26
99	99	RELOADED IN EXCHANGE FOR PAYMENT , AND IS REDEEMABLE UPON27
100	100	HB25-1141
101	101	-3- PRESENTATION AT MULTIPLE UNAFFILIATED MERCHANTS FOR GOODS OR1
102	102	SERVICES WITHIN THE PAYMENT CARD NETWORK .2
103	103	SECTION 4. In Colorado Revised Statutes, 18-4-413, amend (2);3
104	104	repeal (3); and add (1.5) as follows:4
105	105	18-4-413. Mandatory sentencing for repeated theft or5
106	106	property crime from a store - store defined. (1.5) W
107	107	HEN A PERSON IS6
108	108	CONVICTED OF ANY OFFENSE PURSUANT TO THIS PART 4 AND THE THEFT OR7
109	109	RELATED OFFENSE WAS FROM OR OF A STORE, THE COURT SHALL SENTENCE8
110	110	THE PERSON PURSUANT TO SUBSECTION (2) OF THIS SECTION IF THE PERSON9
111	111	HAS, WITHIN THE IMMEDIATELY PRECEDING FOUR YEARS , BEEN CONVICTED10
112	112	OF ANY TWO OFFENSES PURSUANT TO THIS PART 4 OR PART 2 OR PART 3 OF11
113	113	THIS ARTICLE 4, OR PURSUANT TO COMPARABLE MUNICIPAL ORDINANCES ,12
114	114	AND EACH OFFENSE WAS FROM OR OF A STORE .13
115	115	(2) Any person convicted of felony theft
116	116	ANY OFFENSE PURSUANT14
117	117	TO THIS PART 4 OR PART 2 OR PART 3 OF THIS ARTICLE 4, which felony15
118	118	theft OFFENSE was from OR OF a store, who within the immediately16
119	119	preceding four years was twice convicted of felony theft ANY TWO17
120	120	OFFENSES PURSUANT TO THIS PART 4 OR PART 2 OR PART 3 OF THIS ARTICLE18
121	121	4,
122	122	OR PURSUANT TO COMPARABLE MUNICIPAL ORDINANCES , which felony
123	123	19
124	124	theft was OFFENSES WERE each time from OR OF a store, shall be20
125	125	sentenced to at least the minimum MIDPOINT term provided for such THE21
126	126	offense. A person convicted under this section shall not be IS NOT eligible22
127	127	for probation or suspension of sentence.23
128	128	(3) The mandatory sentencing requirements specified in24
129	129	subsection (2) of this section shall not apply when the person is being25
130	130	sentenced pursuant to section 18-4-401 (4).26
131	131	SECTION 5. In Colorado Revised Statutes, 18-5-101, amend (1);27
132	132	HB25-1141
133	133	-4- and add (1.3), (5.5), and (7.3) as follows:1
134	134	18-5-101. Definitions. As used in sections 18-5-101 to 18-5-110,2
135	135	unless the context otherwise requires:3
136	136	(1) "Complete written instrument" means one which purports to4
137	137	be a genuine written instrument fully drawn with respect to every5
138	138	essential feature thereof. "CLOSED-LOOP GIFT CARD" MEANS A CARD,6
139	139	CODE, OR DEVICE THAT IS ISSUED TO A CONSUMER ON A PREPAID BASIS ,7
140	140	PRIMARILY FOR PERSONAL , FAMILY, OR HOUSEHOLD PURPOSES , IN A8
141	141	SPECIFIED AMOUNT, REGARDLESS OF WHETHER THE AMOUNT MAY BE9
142	142	INCREASED OR RELOADED IN EXCHANGE FOR PAYMENT , AND IS10
143	143	REDEEMABLE UPON PRESENTATION BY A CONSUMER AT A SINGLE11
144	144	MERCHANT OR GROUP OF AFFILIATED MERCHANTS .12
145	145	(1.3) "C
146	146	OMPLETE WRITTEN INSTRUMENT " MEANS ONE WHICH13
147	147	PURPORTS TO BE A GENUINE WRITTEN INSTRUMENT FULLY DRAWN WITH14
148	148	RESPECT TO EVERY ESSENTIAL FEATURE THEREOF .15
149	149	(5.5) "G
150	150	IFT CARD" MEANS A PHYSICAL OR DIGITAL CLOSED-LOOP16
151	151	GIFT CARD OR OPEN-LOOP GIFT CARD THAT IS EITHER ACTIVATED OR17
152	152	INACTIVATED.18
153	153	(7.3) "O
154	154	PEN-LOOP GIFT CARD" MEANS A CARD, CODE, OR DEVICE19
155	155	THAT IS ISSUED TO A CONSUMER ON A PREPAID BASIS , PRIMARILY FOR20
156	156	PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES, IN A SPECIFIED AMOUNT,21
157	157	REGARDLESS OF WHETHER THAT AMOUNT MAY BE INCREASED OR22
158	158	RELOADED IN EXCHANGE FOR PAYMENT , AND IS REDEEMABLE UPON23
159	159	PRESENTATION AT MULTIPLE UNAFFILIATED MERCHANTS FOR GOODS OR24
160	160	SERVICES WITHIN THE PAYMENT CARD NETWORK .25
161	161	SECTION 6. In Colorado Revised Statutes, 18-5-102, amend26
162	162	(1)(g) and (1)(h); and add (1)(i) as follows:27
163	163	HB25-1141
164	164	-5- 18-5-102. Forgery. (1) A person commits forgery, if, with intent1
165	165	to defraud, the person falsely makes, completes, alters, or utters a written2
166	166	instrument that is or purports to be, or that is calculated to become or to3
167	167	represent if completed:4
168	168	(g) Part of an issue of lottery tickets or shares designed for use in5
169	169	the lottery held pursuant to article 40 of title 44; or6
170	170	(h) A document-making implement that may be used or is used in7
171	171	the production of a false identification document or in the production of8
172	172	another document-making implement to produce false identification9
173	173	documents;
174	174	OR10
175	175	(i) A
176	176	GIFT CARD.11
177	177	SECTION 7. Act subject to petition - effective date -12
178	178	applicability. (1) This act takes effect at 12:01 a.m. on the day following13
179	179	the expiration of the ninety-day period after final adjournment of the14
180	180	general assembly; except that, if a referendum petition is filed pursuant15
181	181	to section 1 (3) of article V of the state constitution against this act or an16
182	182	item, section, or part of this act within such period, then the act, item,17
183	183	section, or part will not take effect unless approved by the people at the18
184	184	general election to be held in November 2026 and, in such case, will take19
185	185	effect on the date of the official declaration of the vote thereon by the20
186	186	governor.21
187	187	(2) This act applies to offenses committed on or after the22
188	188	applicable effective date of this act.23
189	189	HB25-1141
190	190	-6-