Colorado 2025 Regular Session

Colorado Senate Bill SB168 Latest Draft

Bill / Engrossed Version Filed 04/14/2025

                            First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 25-0752.01 Christopher McMichael x4775
SENATE BILL 25-168
Senate Committees House Committees
Agriculture & Natural Resources
Appropriations
A BILL FOR AN ACT
C
ONCERNING THE PREVENTION OF ILLEGAL WILDLIFE TRAFFICKING .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 adds species that appear in Appendix I to the Convention
on International Trade in Endangered Species of Wild Fauna and Flora
(CITES Appendix I) to the wildlife covered under Colorado's wildlife
trafficking laws.
The bill establishes penalties for violating wildlife trafficking
laws. A person who violates wildlife trafficking laws commits a class 1
misdemeanor; except that:
! If a person violates wildlife trafficking laws and the value
SENATE
3rd Reading Unamended
April 14, 2025
SENATE
Amended 2nd Reading
April 11, 2025
SENATE SPONSORSHIP
Bright and Roberts, Amabile, Bridges, Cutter, Jodeh, Kipp, Michaelson Jenet, Wallace,
Winter F.
HOUSE SPONSORSHIP
Armagost and Espenoza, Barron
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. of the wildlife involved is more than $1,000 but less than
$10,000 the person commits a class 5 felony;
! If a person is convicted of trafficking wildlife and the
wildlife involved is an endangered species or threatened
species under Colorado law, the federal "Endangered
Species Act of 1973", or a species that appears in CITES
Appendix I, the person commits a class 4 felony; or
! If a person violates wildlife trafficking laws and the value
of the wildlife involved is more than $10,000, the person
commits a class 4 felony.
The bill grants the parks and wildlife commission in the
department of natural resources authority to suspend wildlife licenses
held by a person convicted of a violation of wildlife trafficking laws.
The bill requires the division of parks and wildlife in the
department of natural resources to conduct investigations and surveys to
collect information and data related to wildlife trafficking and determine
appropriate law enforcement measures based on those investigations and
surveys.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1.  Legislative declaration. (1)  The general assembly2
finds and declares that:3
(a)  The illegal trafficking of wildlife poses significant threats to4
native wildlife and wildlife habitats in Colorado and throughout the5
United States and the world;6
(b)  The trafficking of nonnative, invasive, or exotic species into7
Colorado, as well as the trafficking of native species out of Colorado,8
negatively impacts Colorado wildlife and habitats and can have cascading9
effects on ecosystem functions throughout the region;10
(c)  Wildlife trafficking is linked to other criminal operations,11
including drug trafficking, weapons trafficking, money laundering, and12
human trafficking, and can also create public health risks through an13
increased risk of zoonotic diseases that can damage our food systems and14
natural resources and infect humans and animals;15
168-2- (d)  Existing laws in Colorado are insufficient to effectively1
combat and prevent illegal wildlife trafficking;2
(e)  The division of parks and wildlife in the department of natural3
resources currently lacks staff capacity to effectively deter wildlife4
trafficking;5
(f)  Lack of data related to the illegal trafficking of native species6
limits Colorado's ability to assess the status of, threats to, and7
conservation needs of the state's native wildlife;8
(g)  Without adequate laws, capacity, and data, the division of9
parks and wildlife cannot effectively support federal agency efforts to10
combat illegal wildlife trafficking under the federal "Lacey Act (Game)"11
and other federal laws; and12
(h)  Legislation is needed to authorize additional capacity, collect13
data, and increase penalties related to illegal wildlife trafficking activities.14
SECTION 2. In Colorado Revised Statutes, 33-6-109, amend15
(3)(a) and (3)(b) as follows:16
33-6-109.  Wildlife - illegal possession. (3)  A person who17
violates subsection (1) or (2) of this section is guilty of a misdemeanor18
and, depending upon the wildlife involved, shall be punished upon19
conviction by a fine or imprisonment, or both, and license suspension20
points or suspension or revocation of license privileges as follows:21
(a)  For each animal listed as endangered or threatened 
PURSUANT22
TO SECTION 33-2-105 OR THE FEDERAL "ENDANGERED SPECIES ACT OF23
1973",
 16 U.S.C. SEC. 1531 ET SEQ., a fine of not less than two thousand24
dollars and not more than one hundred thousand dollars, or by25
imprisonment for not more than one year in the county jail, or by both26
such
 fine and such imprisonment, and an assessment of twenty points.27
168
-3- Upon conviction, the commission may suspend any or all WILDLIFE1
license privileges of the person for a period of from one year to life.2
(b) (I)  For each bald eagle, golden eagle, rocky mountain goat,3
desert bighorn sheep, American peregrine falcon, or rocky mountain4
bighorn sheep 
OR ANY WILDLIFE SPECIES LISTED IN APPENDIX I TO THE5
C
ONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF6
W
ILD FAUNA AND FLORA, a fine of not less than one thousand dollars and7
not more than one hundred thousand dollars, or by imprisonment for not8
more than one year in the county jail, or both such
 fine and such9
imprisonment, and an assessment of twenty points. Upon conviction, the10
commission may suspend any or all 
WILDLIFE license privileges of the11
person for a period of one year to life. A person who possesses all or a12
part of a bald eagle or golden eagle shall not be in violation of this section13
if the possession is authorized by 50 CFR 22.14
(II)  T
HE DIVISION SHALL MAKE A COPY OF APPENDIX I TO THE15
C
ONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF16
W
ILD FAUNA AND FLORA AVAILABLE AT NO COST ON THE DIVISION 'S17
PUBLIC WEBSITE AND MAKE A COPY OF APPENDIX I AVAILABLE FOR PUBLIC18
INSPECTION AT THE DIVISION'S OFFICE DURING REGULAR BUSINESS HOURS.19
SECTION 3. In Colorado Revised Statutes, 33-6-110, amend (1)
20
introductory portion, (1)(a), and (1)(b) as follows:21
33-6-110.  Division action to recover possession and value of22
wildlife unlawfully taken. (1)  The division may bring and maintain a23
civil action against any person, in the name of the people of the state, to24
recover possession or value or both possession and value of any wildlife25
taken in violation of articles 1 to 6 of this title TITLE 33. A writ of replevin26
may issue in such an action without bond. No previous demand for27
168
-4- possession shall be necessary. If ANY costs or damages are adjudged in1
favor of the defendant the same shall be paid out of the wildlife cash2
fund. Neither the pendency of such civil action nor a criminal prosecution3
for the same taking shall be a bar to the other; nor shall anything in this4
section affect the right of seizure under other provisions of articles 1 to5
6 of this title TITLE 33. The following shall be considered the minimum6
value of the wildlife unlawfully taken or possessed and may be recovered7
in addition to recovery of possession of the wildlife:8
(a)  For each eagle, member of an endangered species 
LISTED
9
PURSUANT TO SECTION 33-2-105 OR THE FEDERAL "ENDANGERED SPECIES10
A
CT OF 1973", 16 U.S.C. SEC. 1531 ET SEQ., rocky mountain goat, moose,
11
rocky mountain bighorn sheep, or lynx .................... $1,00012
(b)  For each elk or member of a threatened species or subspecies13
LISTED PURSUANT TO SECTION 33-2-105 OR THE FEDERAL "ENDANGERED14
S
PECIES ACT OF 1973", 16 U.S.C. SEC. 1531 ET SEQ., .................... $700
15
SECTION 4. In Colorado Revised Statutes, 33-6-113, amend (2)16
introductory portion and (2)(a) as follows:17
33-6-113.  Illegal sale of wildlife. (2)  Any A person who violates18
this section:19
(a)  With respect to big game, 
ANIMALS LISTED AS endangered20
SPECIES OR THREATENED species PURSUANT TO SECTION 33-2-105
 OR THE21
FEDERAL "ENDANGERED SPECIES ACT OF 1973", 16 U.S.C. SEC. 1531 ET22
SEQ., or eagles, commits a class 5 felony and shall be punished as23
provided in section 18-1.3-401. C.R.S. Upon such THE conviction, the24
commission may suspend any or all wildlife license privileges of the25
person for a minimum of one year to life.26
SECTION 5. In Colorado Revised Statutes, add 33-6-113.1      27
168
-5- as follows:1
33-6-113.1.  Illegal trafficking of wildlife - violation - penalties2
- investigations and surveys of trafficked wildlife - definition -3
appropriation. (1)  EXCEPT AS OTHERWISE PROVIDED IN ARTICLES 1 TO4
6
 OF THIS TITLE 33 OR BY RULE OF THE COMMISSION, IT IS UNLAWFUL FOR5
ANY PERSON, IN THE COURSE OF THE SAME CRIMINAL EPISODE , TO6
KNOWINGLY POSSESS, SELL, PURCHASE, TRANSPORT, IMPORT, OR EXPORT,7
OR CAUSE TO BE TRANSPORTED, IMPORTED, OR EXPORTED, WILDLIFE FOR8
MONETARY GAIN OR OTHER COMPENSATION IF THE PERSON KNEW , OR IN9
THE EXERCISE OF DUE CARE SHOULD HAVE KNOWN , THAT THE WILDLIFE10
WAS TAKEN, POSSESSED, SOLD, TRANSPORTED, IMPORTED, OR EXPORTED11
IN VIOLATION OF:12
(a)  A
 STATE LAW, A FEDERAL LAW, OR THE LAW OF A TRIBAL13
GOVERNMENT;14
(b)  A
 STATE OR FEDERAL RULE OR REGULATION ; OR15
(c)  A
 LAW OF OR REGULATION OF ANY OTHER NATION .16
(2)  E
XCEPT AS PROVIDED IN SUBSECTIONS (3) AND (4) OF THIS17
SECTION, A VIOLATION OF SUBSECTION (1) OF THIS SECTION IS A CLASS 118
MISDEMEANOR AND SHALL BE PUNISHED AS PROVIDED IN SECTION19
18-1.3-501.20
(3)  A
 VIOLATION OF SUBSECTION (1) OF THIS SECTION WHEN THE21
AGGREGATE VALUE OF THE WILDLIFE INVOLVED IN THE VIOLATION IS MORE22
THAN ONE THOUSAND DOLLARS BUT LESS THAN TEN THOUSAND DOLLARS23
IS A CLASS 5 FELONY AND SHALL BE PUNISHED AS PROVIDED IN SECTION24
18-1.3-401.25
(4)  A
 VIOLATION OF SUBSECTION (1) OF THIS SECTION IS A CLASS26
4
 FELONY AND SHALL BE PUNISHED AS PROVIDED IN SECTION 18-1.3-40127
168
-6- IF:1
(a)  T
HE AGGREGATE VALUE OF THE WILDLIFE INVOLVED IN THE2
VIOLATION IS TEN THOUSAND DOLLARS OR MORE ;3
(b)  T
HE WILDLIFE INVOLVED IN THE VIOLATION IS AN ENDANGERED4
SPECIES OR THREATENED SPECIES ACCORDING TO THE FEDERAL5
"E
NDANGERED SPECIES ACT OF 1973", 16 U.S.C. SEC. 1531 ET SEQ.;6
(c)  T
HE WILDLIFE INVOLVED IN THE VIOLATION IS AN ENDANGERED7
SPECIES OR THREATENED SPECIES PURSUANT TO SECTION 33-2-105;
 OR8
(d)  T
HE WILDLIFE INVOLVED IN THE VIOLATION IS A SPECIES LISTED9
IN APPENDIX I TO THE CONVENTION ON INTERNATIONAL TRADE IN10
E
NDANGERED SPECIES OF WILD FAUNA AND FLORA.11
(5)  T
HE COMMISSION SHALL SUSPEND THE WILDLIFE LICENSE12
PRIVILEGES OF A PERSON CONVICTED OF VIOLATING SUBSECTION (1) OF13
THIS SECTION FOR A PERIOD OF FIVE YEARS TO LIFE.14
(6)  U
PON CONVICTION FOR A VIOLATION OF SUBSECTION (1) OF15
THIS SECTION, THE COSTS OF HOUSING, CARING FOR, OR DISPOSAL OF16
SEIZED WILDLIFE BEFORE OR AFTER THE FILING OF FORMAL CHARGES17
AGAINST A PERSON ARE A PART OF THE COSTS ASSESSED UNDER SECTION18
18-1.3-701.19
(7)  T
HE DIVISION SHALL CONDUCT INVESTIGATIONS OF AND
20
SURVEYS OF COMMONLY TRAFFICKED WILDLIFE TO COLLECT INFORMATION21
AND DATA RELATED TO POPULATION , DISTRIBUTION, AND OTHER22
ECOLOGICAL DATA IN ORDER TO DETERMINE APPROPRIATE CONSERVATION ,23
MANAGEMENT, AND LAW ENFORCEMENT MEASURES .24
(8) AS USED IN THIS SECTION, "VALUE" MEANS THE MINIMUM25
VALUE AS DETERMINED BY SECTION 33-6-110 OR THE MARKET VALUE,26
WHICHEVER VALUE IS GREATER .27
168
-7- (9)  THE GENERAL ASSEMBLY SHALL APPROPRIATE SUFFICIENT1
MONEY TO IMPLEMENT THIS SECTION FROM THE WILDLIFE CASH FUND2
CREATED IN SECTION 33-1-112; EXCEPT THAT MONEY IN THE WILDLIFE3
CASH FUND FROM THE SALE OF HUNTING AND FISHING LICENSES OR FROM4
ASSOCIATED FEDERAL GRANTS IS NOT AVAILABLE FOR APPROPRIATION TO5
IMPLEMENT THIS SECTION.     6
SECTION 6. In Colorado Revised Statutes, 33-6-117, amend7
(1)(b)(I) as follows:8
33-6-117.  Willful destruction of wildlife - legislative intent.9
(1) (b)  A person who violates this subsection (1), with respect to:10
(I)  Big game, eagles, and endangered 
SPECIES OR THREATENED11
species 
PURSUANT TO SECTION 33-2-105
 OR THE FEDERAL "ENDANGERED12
S
PECIES ACT OF 1973", 16 U.S.C. SEC. 1531 ET SEQ., commits a class 513
felony and shall be punished as provided in section 18-1.3-401 C.R.S.,
14
and, in addition, shall be punished by a fine of not less than one thousand15
dollars nor more than twenty thousand dollars. For offenses committed on16
or after July 1, 1985, The COURT SHALL SET THE fine shall be in an17
amount within the presumptive range set out in section 18-1.3-40118
(1)(a)(III). C.R.S. Upon such conviction, the commission shall assess19
twenty license suspension points and suspend the wildlife license20
privileges for one year to life of the person convicted.21
SECTION 7. Act subject to petition - effective date -22
applicability. (1)  This act takes effect July 1, 2026; except that, if a23
referendum petition is filed pursuant to section 1 (3) of article V of the24
state constitution against this act or an item, section, or part of this act25
within the ninety-day period after final adjournment of the general26
assembly, then the act, item, section, or part will not take effect unless27
168
-8- approved by the people at the general election to be held in November1
2026 and, in such case, will take effect on the date of the official2
declaration of the vote thereon by the governor.3
(2)  This act applies to offenses committed on or after the4
applicable effective date of this act.5
168
-9-