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-