First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0353.02 Anna Petrini x5497
HOUSE BILL 25-1141
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING CRIMINAL OFFENS ES AFFECTING RETAILERS .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
.)
Current law requires mandatory sentencing to at least the minimum
of the prescribed range for a person who, within the immediately
preceding 4 years, was twice convicted of felony theft from a store and
who is once again convicted of felony theft from a store.
The bill requires a state court to sentence a person convicted of
burglary, robbery, theft, or a related property crime from or of a store,
who was convicted of any 2 of the specified property crimes or
comparable municipal offenses from or of a store within the preceding 4
HOUSE SPONSORSHIP
Bradley, Barron, Bradfield, Brooks, Caldwell, DeGraaf, Garcia Sander, Hartsook, Keltie,
Richardson, Soper, Winter T., Woog
SENATE SPONSORSHIP
Carson,
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. years, to at least the midpoint term for the current offense.
The bill adds language to the existing theft statute clarifying how
a gift card's value is determined for purposes of determining the offense
level and associated penalty. If the stolen item of value is a gift card, then
the value is the full monetary face value or, in the case of a variable load
gift card, the maximum potential value, regardless of whether funds have
been transferred to the gift card at the time of the theft. The bill adds gift
cards to the list of written instruments subject to forgery.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 18-4-206 as2
follows:3
18-4-206. Burglary of a store - mandatory sentencing for4
repeated offense. W
HEN A PERSON IS CONVICTED OF ANY OFFENSE5
PURSUANT TO THIS PART 2 AND THE BURGLARY OR RELATED OFFENSE WAS6
FROM OR OF A STORE, THE COURT SHALL SENTENCE THE PERSON PURSUANT7
TO THE PROVISIONS OF SECTION 18-4-413 (2) IF THE PERSON HAS, WITHIN8
THE IMMEDIATELY PRECEDING FOUR YEARS , BEEN CONVICTED OF ANY TWO9
OFFENSES PURSUANT TO THIS PART 2 OR PART 3 OR PART 4 OF THIS ARTICLE10
4,
OR PURSUANT TO COMPARABLE MUNICIPAL ORDINANCES , AND EACH11
OFFENSE WAS FROM OR OF A STORE.12
SECTION 2. In Colorado Revised Statutes, add 18-4-306 as13
follows:14
18-4-306. Robbery of a store - mandatory sentencing for15
repeated offense. W
HEN A PERSON IS CONVICTED OF ANY OFFENSE16
PURSUANT TO THIS PART 3 AND THE ROBBERY OR RELATED OFFENSE WAS17
FROM OR OF A STORE, THE COURT SHALL SENTENCE THE PERSON PURSUANT18
TO THE PROVISIONS OF SECTION 18-4-413 (2) IF THE PERSON HAS, WITHIN19
THE IMMEDIATELY PRECEDING FOUR YEARS , BEEN CONVICTED OF ANY TWO20
OFFENSES PURSUANT TO THIS PART 3 OR PART 2 OR PART 4 OF THIS ARTICLE21
HB25-1141-2- 4, OR PURSUANT TO COMPARABLE MUNICIPAL ORDINANCES , AND EACH1
OFFENSE WAS FROM OR OF A STORE.2
SECTION 3. In Colorado Revised Statutes, 18-4-401, add (13)3
as follows:4
18-4-401. Theft - definitions. (13) (a) I
F THE ITEM OF VALUE5
INVOLVED IS A GIFT CARD, THEN FOR PURPOSES OF DETERMINING THE6
OFFENSE LEVEL PURSUANT TO SUBSECTION (2) OF THIS SECTION, THE7
VALUE IS THE FULL MONETARY FACE VALUE OR , IN THE CASE OF A8
VARIABLE LOAD GIFT CARD , THE MAXIMUM POTENTIAL VALUE ,9
REGARDLESS OF WHETHER FUNDS HAVE BEEN TRANSFERRED TO THE GIFT10
CARD AT THE TIME OF THE THEFT.11
(b) A
S USED IN THIS SUBSECTION (13):12
(I) "C
LOSED-LOOP GIFT CARD" MEANS A CARD, CODE, OR DEVICE13
THAT IS ISSUED TO A CONSUMER ON A PREPAID BASIS , PRIMARILY FOR14
PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES, IN A SPECIFIED AMOUNT,15
REGARDLESS OF WHETHER THE AMOUNT MAY BE INCREASED OR RELOADED16
IN EXCHANGE FOR PAYMENT, AND IS REDEEMABLE UPON PRESENTATION BY17
A CONSUMER AT A SINGLE MERCHANT OR GROUP OF AFFILIATED18
MERCHANTS.19
(II) "G
IFT CARD" MEANS A PHYSICAL OR DIGITAL CLOSED -LOOP20
GIFT CARD OR OPEN-LOOP GIFT CARD THAT IS EITHER ACTIVATED OR21
INACTIVATED.22
(III) "O
PEN-LOOP GIFT CARD" MEANS A CARD, CODE, OR DEVICE23
THAT IS ISSUED TO A CONSUMER ON A PREPAID BASIS , PRIMARILY FOR24
PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES, IN A SPECIFIED AMOUNT,25
REGARDLESS OF WHETHER THAT AMOUNT MAY BE INCREASED OR26
RELOADED IN EXCHANGE FOR PAYMENT , AND IS REDEEMABLE UPON27
HB25-1141
-3- PRESENTATION AT MULTIPLE UNAFFILIATED MERCHANTS FOR GOODS OR1
SERVICES WITHIN THE PAYMENT CARD NETWORK .2
SECTION 4. In Colorado Revised Statutes, 18-4-413, amend (2);3
repeal (3); and add (1.5) as follows:4
18-4-413. Mandatory sentencing for repeated theft or5
property crime from a store - store defined. (1.5) W
HEN A PERSON IS6
CONVICTED OF ANY OFFENSE PURSUANT TO THIS PART 4 AND THE THEFT OR7
RELATED OFFENSE WAS FROM OR OF A STORE, THE COURT SHALL SENTENCE8
THE PERSON PURSUANT TO SUBSECTION (2) OF THIS SECTION IF THE PERSON9
HAS, WITHIN THE IMMEDIATELY PRECEDING FOUR YEARS , BEEN CONVICTED10
OF ANY TWO OFFENSES PURSUANT TO THIS PART 4 OR PART 2 OR PART 3 OF11
THIS ARTICLE 4, OR PURSUANT TO COMPARABLE MUNICIPAL ORDINANCES ,12
AND EACH OFFENSE WAS FROM OR OF A STORE .13
(2) Any person convicted of felony theft
ANY OFFENSE PURSUANT14
TO THIS PART 4 OR PART 2 OR PART 3 OF THIS ARTICLE 4, which felony15
theft OFFENSE was from OR OF a store, who within the immediately16
preceding four years was twice convicted of felony theft ANY TWO17
OFFENSES PURSUANT TO THIS PART 4 OR PART 2 OR PART 3 OF THIS ARTICLE18
4,
OR PURSUANT TO COMPARABLE MUNICIPAL ORDINANCES , which felony
19
theft was OFFENSES WERE each time from OR OF a store, shall be20
sentenced to at least the minimum MIDPOINT term provided for such THE21
offense. A person convicted under this section shall not be IS NOT eligible22
for probation or suspension of sentence.23
(3) The mandatory sentencing requirements specified in24
subsection (2) of this section shall not apply when the person is being25
sentenced pursuant to section 18-4-401 (4).26
SECTION 5. In Colorado Revised Statutes, 18-5-101, amend (1);27
HB25-1141
-4- and add (1.3), (5.5), and (7.3) as follows:1
18-5-101. Definitions. As used in sections 18-5-101 to 18-5-110,2
unless the context otherwise requires:3
(1) "Complete written instrument" means one which purports to4
be a genuine written instrument fully drawn with respect to every5
essential feature thereof. "CLOSED-LOOP GIFT CARD" MEANS A CARD,6
CODE, OR DEVICE THAT IS ISSUED TO A CONSUMER ON A PREPAID BASIS ,7
PRIMARILY FOR PERSONAL , FAMILY, OR HOUSEHOLD PURPOSES , IN A8
SPECIFIED AMOUNT, REGARDLESS OF WHETHER THE AMOUNT MAY BE9
INCREASED OR RELOADED IN EXCHANGE FOR PAYMENT , AND IS10
REDEEMABLE UPON PRESENTATION BY A CONSUMER AT A SINGLE11
MERCHANT OR GROUP OF AFFILIATED MERCHANTS .12
(1.3) "C
OMPLETE WRITTEN INSTRUMENT " MEANS ONE WHICH13
PURPORTS TO BE A GENUINE WRITTEN INSTRUMENT FULLY DRAWN WITH14
RESPECT TO EVERY ESSENTIAL FEATURE THEREOF .15
(5.5) "G
IFT CARD" MEANS A PHYSICAL OR DIGITAL CLOSED-LOOP16
GIFT CARD OR OPEN-LOOP GIFT CARD THAT IS EITHER ACTIVATED OR17
INACTIVATED.18
(7.3) "O
PEN-LOOP GIFT CARD" MEANS A CARD, CODE, OR DEVICE19
THAT IS ISSUED TO A CONSUMER ON A PREPAID BASIS , PRIMARILY FOR20
PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES, IN A SPECIFIED AMOUNT,21
REGARDLESS OF WHETHER THAT AMOUNT MAY BE INCREASED OR22
RELOADED IN EXCHANGE FOR PAYMENT , AND IS REDEEMABLE UPON23
PRESENTATION AT MULTIPLE UNAFFILIATED MERCHANTS FOR GOODS OR24
SERVICES WITHIN THE PAYMENT CARD NETWORK .25
SECTION 6. In Colorado Revised Statutes, 18-5-102, amend26
(1)(g) and (1)(h); and add (1)(i) as follows:27
HB25-1141
-5- 18-5-102. Forgery. (1) A person commits forgery, if, with intent1
to defraud, the person falsely makes, completes, alters, or utters a written2
instrument that is or purports to be, or that is calculated to become or to3
represent if completed:4
(g) Part of an issue of lottery tickets or shares designed for use in5
the lottery held pursuant to article 40 of title 44; or6
(h) A document-making implement that may be used or is used in7
the production of a false identification document or in the production of8
another document-making implement to produce false identification9
documents;
OR10
(i) A
GIFT CARD.11
SECTION 7. Act subject to petition - effective date -12
applicability. (1) This act takes effect at 12:01 a.m. on the day following13
the expiration of the ninety-day period after final adjournment of the14
general assembly; except that, if a referendum petition is filed pursuant15
to section 1 (3) of article V of the state constitution against this act or an16
item, section, or part of this act within such period, then the act, item,17
section, or part will not take effect unless approved by the people at the18
general election to be held in November 2026 and, in such case, will take19
effect on the date of the official declaration of the vote thereon by the20
governor.21
(2) This act applies to offenses committed on or after the22
applicable effective date of this act.23
HB25-1141
-6-