Digest of Bills - 1995

CRIMINAL LAW AND PROCEDURE

S.B. 95-54 Death penalty - determination by panel of judges. Provides that a panel of 3 judges in a death penalty case, not the jury, shall determine whether to sentence a defendant to death or to life imprisonment, using the same procedures required of a jury under current law. Describes the composition and the selection of the panel of judges. Requires that the sentencing hearing be held not later than 60 days after the trial verdict. Specifies that, if a death sentence is overturned on grounds other than unconstitutionality or insufficiency of evidence, the case is remanded to the trial court for a new sentencing hearing. States that, if a death sentence is declared invalid based on unconstitutionality or insufficiency of evidence or if the prosecutor on remand informs the court that the death penalty would no longer serve the interest of justice, the defendant is sentenced to life imprisonment.

APPROVED by Governor June 5, 1995
EFFECTIVE July 1, 1995

S.B. 95-153 Sex offenders - victim protection - information about sexual offenders - lie detector examination - victims' advocates. Declares the general assembly's intent to revise statutory law governing sexual offenses for the purpose of providing greater sensitivity to the victims of such offenses.

        Reorganizes statutory provisions regarding information about sexual offenders.

        Prohibits law enforcement agencies from making the investigation or prosecution of a sexual offense case contingent upon a victim's submission to a polygraph or other electronic lie detector examination. Prohibits law enforcement agencies from administering such examinations without the informed consent of the victim. Makes a law enforcement agency responsible for the direct cost of collecting forensic evidence from a sexual offense victim.

        Changes the term "private victim's advocate" to "victim's advocate", excludes advocates employed by any law enforcement agency from the definition of "victim's advocate", and incorporates advocacy on behalf of sexual assault victims as one of the functions served by a victim's advocate. Adds victims' advocates to the list of persons required to report child abuse or neglect.

        Applies to offenses committed on or after July 1, 1995.

APPROVED by Governor May 25, 1995
EFFECTIVE July 1, 1995

S.B. 95-230 Livestock exhibition - livestock tampering or drugging prohibition - criminal penalty. Makes it a class 1 misdemeanor to tamper with or sabotage any livestock entered in a livestock exhibition in this state. Provides that, in lieu of the fine imposed for a class 1 misdemeanor, the court may impose a fine of not less than $1000 nor more than $100,000. Specifies that the name and photograph of any person convicted of violating this act shall be made available

for publication in newspapers of general circulation and trade journals.

APPROVED by Governor May 31, 1995
EFFECTIVE May 31, 1995

H.B. 95-1044 Criminal procedures - miscellaneous changes. Section 1.  Amends the criminal statute of limitations to clarify that the time limits on all crimes are tolled while the offender is absent from the state.

        Section 2.   Adds the costs of obtaining a governor's warrant, photocopying reports, developing film, videotaping, and making undercover drug buys to obtain evidence used against the defendant to the costs that are recoverable from a person convicted of a crime.

        Section 3.  Allows the affidavit supporting probable cause for an arrest warrant to be sworn to either before a judge or a notary.

        Section 4.  Strikes the repeal of the subsection that allows emergency 24-hour wiretaps.

        Section 5.  Amends a portion of the public nuisance statute to refer to the appropriate section in defining "controlled substance".

        Section 6.  Amends a portion of the public nuisance statute to reflect that the drinking age has been raised to 21 years.

        Section 7.  Specifies that a prisoner who requests disposition of an untried complaint or information can waive the right to a speedy trial of said complaint or information and the time for trying said complaint or information is thereafter governed by the statutory speedy trial provisions.

        Section 8.  Upon filing an indictment, information, or felony complaint, requires the prosecutor to file a list of the names and address of the witnesses to be called upon at the preliminary hearing. Within 20 days after the defendant's first appearance, requires the prosecutor to give to the defendant a list of the names and addresses of the witnesses to be called at trial. Specifies that, if the prosecutor requests an order to require the defense attorney to withhold witnesses' names and addresses from the defendant, the prosecutor may withhold such information from the defense attorney until the court rules on the order, but the defense attorney must receive written notice that information is being withheld.

        Section 9.  Authorizes the state board of parole to enter into contracts with private laboratories for chemical urine testing of parolees.

        Sections 10.  Clarifies that treatment of sex offenders includes monitoring of the offender.

        Sections 11 to 13.  Extends the date by which the sex offender treatment board shall adopt a standardized procedure for evaluating and identifying sex offenders and guidelines and standards for the treatment of sex offenders. Extends the date by which the sex offender treatment board shall report to the general assembly.

        Section 14. Requires the trial judge or a replacement judge, rather than the jury, to determine whether a convicted defendant should be sentenced as a habitual offender.

        Section 15. Requires the department of corrections, the judicial department, the division of criminal justice, and the department of human services to prohibit a convicted sex offender from contracting for sex offender treatment services, unless the person providing the services meets established standards.

        Section 16. Requires sex offenders to annually reregister with the local law enforcement agency of the city, town, county, or city and county in which the sex offender resides.

        Section 17. Specifies that, if a person commits the offense of failure to register as a sex offender, that person may be tried either in the county in which the offender resides or in the county in which the offender is apprehended.

APPROVED by Governor May 16, 1995
EFFECTIVE July 1, 1995

H.B. 95-1070 Criminal code - amendments. Amends the Colorado Criminal Code and other provisions of law governing substantive criminal law in the state as follows:

        Sections 1 and 2. Specifies that physicians who make reports of injuries that appear to be related to the commission of a crime are not subject to the rule of evidence concerning the physician-patient relationship and that such physicians may be examined as witnesses within specified limits.

        Section 3. Deletes a provision of the crime of violence statute to conform with amendments made to the statute by House Bill 94-1126.

        Sections 4 and 5. Specifies in the statutory provisions governing criminal attempt and criminal conspiracy that the attempt or conspiracy to commit a crime of violence is itself a crime of violence.

        Sections 6 and 7. Repeals the element of 1st degree assault under which a person acts alone or with another in committing or attempting to commit certain crimes, during the course of which a person other than a participant suffered serious bodily injury. Makes 2nd degree assault a class 3 felony if committed without the heat of passion and if the victim, who is a person other than a participant in the crime, suffered serious bodily injury during the commission or attempted commission of certain crimes committed by a person acting alone or with another.

        Section 8. Repeals the statute concerning assault on the elderly so that there is no duplication with the offense of crime against at-risk adults and at-risk juveniles.

        Section 9. Provides that a sentence for a conviction of a 1st degree sexual assault will be consecutive to any sentence for conviction of a crime of violence.

        Section 10. Excepts from the crime of violence sentencing requirements 3rd degree assault that is committed by treatment or examination of a victim for other than bona fide medical purposes, which crime is otherwise a class 4 felony.

        Section 11. Amends the sexual assault on a child statute by redefining the elements of the crime regarding the situations under which children are made to submit to a perpetrator.

        Section 12. Includes prior adjudications for motor vehicle theft, in addition to prior convictions, as elements for class 3 felony and class 5 felony aggravated motor vehicle theft.

        Section 13. Repeals the automatic sunset date for the statutory part governing domestic violence offenses.

        Section 14. Amends the penalties for the crimes of 1st, 2nd, and 3rd degree assaults against at-risk adults and at-risk juveniles to eliminate duplicate assault crimes and penalties.

        Section 15. Restores the crime and penalty for the crime of indecent exposure to persons 15 years of age and older, and amends the statute so that the enhanced penalties apply only to subsequent offenses of indecent exposure to children under the age of 15 years.

        Section 16. Requires that the minimum sentence for a person convicted of escape be mandatory, and prohibits the court from granting probation or suspending the sentence.

        Section 17. Creates the crime of retaliation against a juror, and makes it a class 3 felony.

        Section 18. Reduces from 5 to 3 the number of persons required under the definition of "riot" for purposes of the riot statutes.

        Section 19. Amends the definition of "civil disorder" for the purposes of the civil disobedience statutes to include damage to any property or to another person rather than damage to the property or person of another individual.

        Section 20. Expands the definition of "drug offender" for the purposes of the drug offender surcharge statutes to include a person convicted of an attempt to commit a drug offense.

        Sections 23 and 24. Establishes procedures for examining a defendant who alleges mental retardation as a basis for not being subject to the imposition of the death penalty.

        Section 25. Creates the crime of violation of a restraining order relating to travel in or on a specified public conveyance, and makes it a class 3 misdemeanor.

        Section 26. Changes classifications for the crime of stalking from a class 1 misdemeanor to a class 6 felony for a first offense and from a class 1 misdemeanor with a mandatory jail sentence to a class 5 felony for a second or subsequent conviction for an offense that occurs within 7 years of the first conviction. Makes the violation of a restraining order in connection with the commission of stalking a class 6 felony rather than a class 1 misdemeanor with a mandatory jail sentence.

        Section 28. Makes the crime of indecent exposure apply to crimes committed on or after the passage of this act and makes other amendments apply to crimes committed on or after July 1, 1995.

APPROVED by Governor June 3, 1995
EFFECTIVE June 3, 1995

H.B. 95-1087 Department of corrections - operations. Revises the body of law related to the administration of the department of corrections as follows:

        Section 1. Restores parole officers to and makes community program agents peace officers, level Ia.

        Sections 2 and 3. Authorizes medical treatment without parental consent for juvenile offenders placed in the youthful offender system in the department of corrections. In addition, deletes the requirement that the executive director review the department's decision to revoke a juvenile's sentence to the youthful offender system in accordance with the "State Administrative Procedure Act".

        Sections 4, 5, and 6. Amends definitions of "seizing agency" for the purposes of the forfeiture laws to include the department of corrections and specifies that the department of corrections will participate in the disposition of seized property under the "Colorado Contraband Forfeiture Act".

        Section 7. Adds the Pueblo minimum center and the San Carlos facility to the statutory list of correctional facilities. States that the security description of facilities listed under the correctional facilities statutes is not to be construed to define or restrict the custody level of inmates in the facilities. Requires the department to use an accounting system that assures a complete and separate accounting of construction costs and the direct operating costs associated with maintaining each level of inmates at each correctional facility that maintains mixed custody levels of inmates. (But see HB95-1352 that amends language to require an accounting of the direct and indirect operating costs of maintaining inmates.) Requires the department to submit an annual report to the general assembly comparing the construction and operating costs for correctional facilities that do not mix levels of inmates with those that mix levels of inmates.

        Section 8. Repeals the statute requiring that inmates be assigned to county or municipal roadwork.

        Section 9. Restores the statute authorizing the department of corrections to enter into venture agreements with the private sector.

        Section 10. Repeals an obsolete provision concerning the conditions and compensation for offenders in work programs.

        Section 11. Authorizes the department of corrections to establish an off-grounds work program for inmates in minimum security facilities. Defines the criteria for the program and the duties and responsibilities of the department and the contracting agency.

        Sections 12, 13, 14, and 15. Allows a nonviolent offender to accrue earned time during a mandatory period of parole and for the earned time to considered toward the inmate's discharge date upon the revocation of parole and reincarceration of the inmate. Specifies that the offender may not receive earned time during reincarceration.

        Section 16. Adds oral surgeons to the panel of medical consultants appointed by the executive director and requires that such consultants be licensed by the state board of dental examiners.

        Section 17. Specifies that if the department is responsible for reimbursing a local entity, the reimbursement is to be made to the general fund of the entity or any other fund specified by the local entity.

        Sections 18. Requires the department to obtain blood and saliva samples from an inmate convicted of certain sexual offenses to determine an inmate's genetic markers. Directs the department of obtain the samples before an inmate is discharged or released for parole and to forward test results to the Colorado bureau of investigation. Requires the department to release test results to a law enforcement agency upon the agency's request.

APPROVED by Governor May 24, 1995
PORTIONS EFFECTIVE July 1, 1995

H.B. 95-1101 Criminal justice - integrated criminal justice information system. Creates a planning team for developing a strategic plan for the implementation of an integrated criminal justice information system. Provides that the planning team consist of the executive directors of the departments of public safety, corrections, and human services and the state court administrator or designees for such persons. Requires the chief justice of the Colorado supreme court and the governor to appoint a chief officer to coordinate the development of the strategic plan. Describes the required features of the plan, and lists the goals to be accomplished under the plan. Requires the departments to submit the plan to the commission on information management, and requires the commission to submit a final plan to the general assembly for development of an implementation proposal. Requires the Colorado bureau of investigation to adopt a form and reporting standards consistent with the plan and applicable federal and state law.

APPROVED by Governor May 22, 1995
EFFECTIVE May 22, 1995

H.B. 95-1109 Criminal offenses - knowingly causing the death of a child - appropriation. Establishes that a person in a position of trust who knowingly causes the death of a child commits the crime of murder in the first degree. Eliminates the statutory privilege between doctor and patient and husband and wife in any prosecution for such crime.

        Appropriates $31,935 to the judicial department for allocation to the state public defender and $20,446 to the judicial department for the implementation of the act.

APPROVED by Governor May 31, 1995
EFFECTIVE July 1, 1995

H.B. 95-1120 Affirmative defenses - insanity and impaired mental state merged - procedural changes. Revises the definition of "insanity" to incorporate impaired mental condition. Eliminates the separate hearing in connection with a plea of not guilty by reason of insanity. Requires that the revised insanity defense be treated as other defenses that are raised at trial.

        Applies to offenses committed on or after July 1, 1995.

APPROVED by Governor March 23, 1995
EFFECTIVE July 1, 1995

H.B. 95-1179 Domestic violence - inclusion of property crimes - procedures - restraining orders against juveniles - venue - extension of domestic violence statutes - sunrise and sunset review of certification of and standards for domestic violence intervention program providers. Amends the definition of "domestic violence" to include all crimes against property instead of including only felony crimes against property.

        Provides that a court shall not accept a plea of guilty or nolo contendere to an offense that does not include a domestic violence designation when the facts of the case indicate that the underlying factual basis includes an act of domestic violence, unless there is a good faith representation by the prosecuting attorney that he or she would be unable to establish a prima facie case if the defendant were brought to trial on the original offense.

        Makes it a violation of a restraining order if a person performs conduct that is prohibited in a restraining order and the person has acquired actual knowledge of the contents of the restraining order.

        Eliminates a requirement that a peace officer arresting a person for a crime or offense involving domestic violence take the arrested person to the nearest jail or detention facility and replaces it with a requirement that the peace officer remove the arrested person from the scene of the arrest and take the person to the station for booking. Directs that the arrested person be held or released in accordance with the adopted bonding schedule for the jurisdiction where the arrest is made.

        Transfers the responsibility to inform the protected party when an arrest for violation of a restraining order takes place from the prosecuting attorney to the law enforcement agency or any other locally designated agency. Deletes the provision that allows a prior conviction for violating a restraining order to be established during the sentencing phase rather than at trial.

        Amends the "Colorado Children's Code" to authorize issuance of a restraining order to prevent domestic abuse against any juvenile based upon the standards set forth in the statutes governing restraining orders to prevent domestic abuse.

        States that venue for filing a complaint for a restraining order is proper in any county where the domestic abuse occurs, where one of the parties resides, or where one of the parties is employed. Clarifies that a person who has been convicted of a crime involving domestic violence shall not be eligible for home detention in the home of the victim.

        Provides for the repeal, effective July 1, 1998, of 2 statutes governing the certification of and setting of standards for domestic violence intervention program providers by local boards and the commission on domestic violence. Directs that such functions be reviewed prior to such repeal by the sunrise and sunset review committee.

        Eliminates a scheduled July 1, 1995, repeal of the statutory provisions governing domestic violence offenses.

APPROVED by Governor May 22, 1995
EFFECTIVE July 1, 1995

H.B. 95-1202 Sex offender registration - information - release to public - immunity. Authorizes a local law enforcement agency, when necessary for public safety, to release basic identification and criminal history information regarding a registered sex offender within the agency's jurisdiction to any person living within the agency's jurisdiction. Authorizes the agency, when necessary for public safety, to release information regarding a registered sex offender to any person living outside the agency's jurisdiction who can show a need to know. Specifies the minimum considerations for demonstrating a need to know.

        Grants state agencies, their employees, local law enforcement agencies, and their employees immunity from civil and criminal liability for the good faith implementation of the sex offender registry statute.

APPROVED by Governor June 5, 1995
EFFECTIVE June 5, 1995

H.B. 95-1280 Fire arson investigators - classification. Allows a fire arson investigator to be classified as a peace officer, level II, if appointed by the fire department chief and approved by the sheriff or the chief of police of the jurisdictions in which such investigator performs duties.

APPROVED by Governor March 30, 1995
EFFECTIVE July 1, 1995

H.B. 95-1291 Probation - supervision fees for administrative and personnel costs. Adds a $5 monthly fee for the length of ordered probation to the initial probation supervision fee that may be ordered by the court as a condition of probation if the charge is a misdemeanor or petty offense. Imposes such initial supervision fee regardless of the level of supervision. Adds associated administrative and personnel costs to the list of adjunct probation services for which appropriations may be made out of the offender services fund.

APPROVED by Governor April 7, 1995
EFFECTIVE July 1, 1995

H.B. 95-1338 Criminal offenses - bringing alcohol, bottles, or cans into the major league baseball stadium. Makes it a class 1 petty offense for any person to carry or bring into the Denver metropolitan major league baseball stadium any alcoholic beverage or alcoholic liquor or any bottle or can.

APPROVED by Governor May 23, 1995
EFFECTIVE May 23, 1995

H.B. 95-1347 Location of persons with outstanding felony warrants - state agency assistance to law enforcement. Directs the division of workers' compensation, the division of employment and training, the state personnel director, and the department of human services to assist law enforcement agencies in locating persons who have outstanding arrest warrants in connection with felony offenses. Requires the state agencies to provide location information to the Colorado bureau of investigation, if not otherwise prohibited by federal law. Requires the state agencies and the bureau to develop and use cost-efficient methods for the exchange of information.

APPROVED by Governor May 31, 1995
EFFECTIVE July 1, 1995

 

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