S.B. 96-133 Drug offender surcharge - increase - repeal of controlled substances tax. For offenses committed on and after July 1, 1996, increases the surcharge imposed for drug offenses, other than possession of not more than one ounce of marihuana, by 50%. Repeals the controlled substances tax.
APPROVED by Governor March 25, 1996
EFFECTIVE March 25, 1996
S.B. 96-174 Unlawful sexual offense against a child - testimony of child victim - use of closed circuit television. When a defendant is charged with an unlawful sexual offense against a child under 12 years of age, authorizes a court, upon the motion of any party or upon its own motion, to allow the testimony of the child to be taken in a room other than the courtroom and to be televised in the courtroom by means of closed circuit television.
Requires a party to file such a motion no later than 10 days prior to trial. Specifies that the court must find that the testimony by the child victim in the courtroom and in the presence of the defendant would result in the child suffering serious emotional distress or trauma such that the child would not be able to reasonably communicate and that closed circuit television equipment is available for use. Specifies that only the prosecuting attorney, the defense attorney, the guardian ad litem, if any, and the judge may question the child victim when he or she testifies by closed circuit television. Identifies the people who may be in the room with the child victim when the child testifies.
Provides that the procedure for examining a child victim by means of closed circuit television shall not apply if the defendant is appearing pro se. Specifies that the provisions for closed circuit television shall not preclude the identification of the defendant by the child in person. Allows the defendant, rather than the child, to be removed from the courtroom upon the stipulation of the parties and the approval of the court.
APPROVED by Governor May 2, 1996
EFFECTIVE May 2, 1996
S.B. 96-214 Concealed weapons permits - fingerprint processing - appropriation. Requires the sheriff or chief of police, in making a background inquiry on any person who applies for a permit to carry a concealed weapon, to request a check of the applicant's fingerprints. Specifies that the Colorado bureau of investigation has authority, upon request of local law enforcement authorities, to conduct a criminal history check, including processing fingerprints, on any person who applies for a concealed weapons permit. Specifies that the applicant bears the cost of the fingerprint check.
Appropriates to the department of public safety, Colorado bureau of investigation, $151,455 from fingerprint processing fees paid by persons applying for concealed weapons permits and 2 FTE for implementation of the act.
APPROVED by Governor May 23, 1996
EFFECTIVE May 23, 1996
S.B. 96-221 Integrated criminal justice information system - task force - implementation - local pilot programs - appropriation. Adopts recommendations of the task force created under HB 95-1105 to establish an integrated criminal justice information system to enable criminal justice agencies to exchange information concerning offenders. Creates the criminal justice information program task force, with numbers from the departments of public safety, corrections, and human services, the judicial department, and the Colorado district attorneys council who served on the earlier task force. Directs the task force to implement a program for all criminal justice agencies to share data stored in each other's systems to reduce duplicative data entries.
Requires the task force to submit a plan for implementing the program to the commission on information management by June 1, 1996. The plan must include:
Prohibits any expenditure of money prior to the approval of the plan. Requires the commission on information management to approve any requests for expenditures by a criminal justice agency for the program if the plan and requests meet specified criteria. Authorizes the state controller to expend moneys approved by the commission.
Requires the task force to review changes to computer applications that might impact the program and to make recommendations to all appropriate budgetary approval agencies concerning future expenditures by criminal justice agencies for computer platforms.
Requires the task force to develop a plan and timetable for a local pilot program in El Paso, Jefferson, and Weld counties for the seamless integration of local criminal justice agencies with the statewide criminal justice agencies.
Appropriates $2,711,323 out of the capital construction fund for the fiscal year beginning July 1, 1995, to the division of accounts and control under the department of personnel.
APPROVED by Governor May 23, 1996
EFFECTIVE May 23, 1996
H.B. 96-1087 Criminal offenses - immunity for peace officers - false reporting - punishment for third conviction - husband and wife privilege - definition of runaway child - controlled substances - escape - second degree murder - sale of animal parts - cost of care - abuse of property insurance - habitual offenders. Section 1: Provides immunity from civil liability for peace officers who, in good faith, make statements to support the issuance of emergency protection orders.
Sections 2 and 3: Adds the act of providing false identifying information to a law enforcement agency to the crime of false reporting to authorities.
Sections 4 and 5: Clarifies that a person who has been twice convicted of a felony is not eligible to receive a fine in lieu of imprisonment on the 3rd conviction and may not receive a suspended sentence.
Section 6: Clarifies that the husband-wife privilege does not apply in class 1, 2, or 3 felony cases for offenses committed on or after July 1, 1993, as well as in felony offenses committed prior to that date.
Section 7: Clarifies that the definition of "runaway child" applies to persons who are under 18 years of age.
Sections 8 and 9: Corrects the spelling of certain controlled substances.
Sections 10 and 11: Allows a court to suspend the sentence of a juvenile who is convicted of escape or attempted escape if the court is sentencing the juvenile to the youthful offender system.
Sections 12 and 13: Deletes murder committed in the heat of passion as a form of manslaughter, makes it a form of second degree murder, and designates it as a class 3, rather than a class 2, felony.
Section 14: Amends the definition of "sell" in the wildlife statute to include transactions by a principal proprietor, agent, servant, or employee.
Sections 15 and 16: Specifies that wages or other payment received by an inmate while incarcerated may be applied to the inmate's payment of restitution, child support, and costs of care.
Section 17: Creates a private right of action for enforcement of laws prohibiting abuse of property insurance.
Sections 18 and 19: Makes conforming amendments to clarify that the judge, rather than the jury, determines whether a defendant is a habitual sex offender against children or a habitual child abuser.
APPROVED by Governor June 5, 1996
EFFECTIVE July 1, 1996
H.B. 96-1120 Criminal procedure - miscellaneous changes. Requires the sex offender treatment board to implement, as well as develop, guidelines and standards for sex offender treatment programs. Requires the sex offender treatment board to undergo sunset review prior to July 1, 2001.
For purposes of authorizing a peace officer to act when a crime is committed in the officer's presence, specifies that "peace officer" includes federal law enforcement officers. Authorizes the peace officer to act regardless of whether the officer is acting within the scope of his or her duties at the time the crime is observed.
Prohibits the sealing of criminal records when an offense is not charged or a dismissal occurs as part of a plea agreement in a separate case.
Provides that the prosecuting attorney shall present any available arrest affidavits, rather than investigative reports, of a person who is subject to a restraining order at the restrained person's first court appearance following arrest.
Clarifies that a defendant may be subject to enhanced sentencing if such defendant commits a felony while on bond following revocation of probation.
Replaces the special prosecutions unit in the attorney general's office with the criminal enforcement section. Authorizes the criminal enforcement section, or any attorney in the department of law authorized by the attorney general, to prosecute all criminal cases for the attorney general. Authorizes the attorney general to appoint a deputy attorney general as head of the criminal enforcement section, and requires the deputy attorney general to have at least 2 years of criminal experience as a trial or appellate prosecutor.
Deletes the requirement that a district attorney, at the time of filing charges, file with the court a written list of the names and addresses of the witnesses whom he or she intends to call at the preliminary hearing.
Deletes "Whether a falsification is material in a given factual situation is a question of law" from the definition of "materially false statement".
Clarifies that venue is proper in any county in the state for a trial based on a state grand jury indictment, as determined by the chief judge who is supervising the grand jury.
Provides that the probation department in each judicial district may enter into agreements with a state or public agency, corporation, or private agency or person to provide supervision for defendants placed on probation by the court.
APPROVED by Governor May 22, 1996
EFFECTIVE July 1, 1996
H.B. 96-1145 Affirmative defense - not guilty by reason of insanity. For offenses occurring on or after July 1, 1995, clarifies that the plea of not guilty by reason of insanity is an affirmative defense and shall be tried in the same proceeding as the substantive charges.
APPROVED by Governor January 31, 1996
EFFECTIVE January 31, 1996
H.B. 96-1181 Unlawful sexual behavior - evidence of prior acts - genetic testing of probationers - third degree sexual assault - data base for registering sex offenders - term of parole for sex offenders - confidentiality and sealing of records - appropriation. Reenacts with amendments provisions stating when evidence of prior acts may be introduced to prove the commission of an offense involving unlawful sexual behavior. Establishes procedures for the offering of such evidence by the prosecution.
Extends to persons receiving probation as well as parole the requirement that a person convicted of an offense involving unlawful sexual behavior or for which the factual basis involved unlawful sexual behavior must undergo genetic testing. Requires the probationers to pay for such testing. Establishes the sex offender identification fund to collect payments and pay the costs of the testing.
Expands the crime of sexual assault in the third degree to include taking a photograph of a person's intimate parts without the person's consent. Defines "photograph" to include any mechanically, electronically, or chemically reproduced visual image.
Establishes a common definition of "unlawful sexual behavior" that includes:
Adopts this definition for purposes of admissibility into evidence of other acts, for determining when a person on parole or probation must undergo genetic testing or register as a sex offender, and for determining when records are confidential or may be sealed.
Requires a juvenile adjudicated for the delinquent act of failing to register as a sex offender to be sentenced to a minimum 45-day detention and a juvenile adjudicated for the class 6 felony of failing to register as a sex offender to be committed out of the home for at least one year.
Requires local law enforcement agencies to forward copies of sex offender registration forms to the Colorado bureau of investigation and requires, rather than permits, the director of the bureau to establish a central registry of such persons. Requires the criminal justice information system to develop an interactive data base to allow querying of a sex offender's registration status, known addresses, and modus operandi. Directs that the system include cross validation of the offender's registered address with the address on the offender's driver's license or identification card.
On or after September 1, 1996, requires any person seeking employment at a nursing facility or the nursing facility to make inquiry of the Colorado bureau of investigation to determine if the person has a criminal history. Costs of the inquiry are to be paid for by the person seeking employment or the nursing facility.
Extends the maximum length of parole for a person convicted of an offense involving unlawful sexual behavior from up to 5 years to the maximum sentence imposed by the court.
Allows the department of corrections access to otherwise confidential juvenile court records and information in the central registry of child protection for aid in determining treatment, visitation approval, and supervised conditions for persons convicted of offenses involving unlawful sexual behavior. Prohibits the expungement of juvenile records and the sealing of criminal justice records relating to offenses involving unlawful sexual behavior. Permits the name of the victim of a sexual assault or attempted sexual assault to be included within the criminal justice record if delivered to a criminal justice agency.
Contingent upon passage of bills relating to the children's code, makes the same changes to the provisions amended by such bills.
Appropriates $237,853 out of the general fund to the sex offender identification fund to pay the costs of drawing and testing blood of sex offenders receiving probation who are unable to pay such costs. Appropriates $252,981 and 1.0 FTE out of such fund to the department of public safety, Colorado bureau of investigation, and $11,282 to the judicial department, probation department, to pay for the drawing and genetic testing of blood from sex offenders receiving probation.
Grants spending authority to the Colorado bureau of investigation for $26,108 anticipated to be paid by or on behalf of persons seeking employment at nursing facilities.
The act takes effect on July 1, 1996, and applies to offenses committed on and after such date; except that the sections amending provisions amended by the children's code bills adopted in 1996 are effective January 1, 1997, and only if the applicable children's code bill becomes law.
APPROVED by Governor June 3, 1996
EFFECTIVE July 1, 1996
H.B. 96-1196 Deferred sentencing - mentally ill misdemeanants - demonstration program - repeal. Authorizes the division of mental health, under the department of human services, to develop and implement a 3-year demonstration program in no more than 3 participating counties for the purpose of studying the use of deferred sentences for mentally ill persons charged with a class 2 or class 3 misdemeanor. Conditions such deferred sentencing upon participation in a mental health treatment program. Establishes procedures to be followed, including requiring the district attorney and the court to approve any plea agreement and requiring the defendant to obtain a final evaluation prior to dismissal of the case. Directs the division of mental health to establish a fee schedule, and requires the defendant or the county to pay for the mental health treatment. Directs the participating counties to submit an objective evaluation to the division of mental health at the end of the program, and requires the division to submit a report to the general assembly by December 1, 2000, on the effectiveness of the program. Repeals the 3-year demonstration program, effective July 1, 2001.
APPROVED by Governor June 1, 1996
EFFECTIVE June 1, 1996
H.B. 96-1198 Collection of monetary orders - restitution in amount of pecuniary loss - time payment and late payment fees - assignment to private counsel or collection agency - attachment of earnings. Requires that all orders for restitution be in the full amount of the pecuniary loss suffered by the victim, and removes a court's discretion to consider a defendant's ability to pay in establishing the amount of restitution. Removes the authority of the court and the parole board to modify the amount of an order for restitution.
Adopts a uniform definition of "victim" for purposes of restitution orders that includes:
Clarifies that an order of restitution is a final judgment that may be enforced by any of the parties defined as a victim. Establishes that, notwithstanding the general statute of limitations on civil judgments, orders of restitution are valid until paid in full. To collect on orders of restitution, fines, or fees, allows the state to use any method available to collect other amounts owed to the state, including assigning the account to a private attorney or collection agency. States that the costs of any private attorney or agency shall be added to the amount due, but limits such costs to 25% of the amount collected.
Authorizes a court to order up to 50% of a defendant's earnings to be withheld by the defendant's employer and credited to unpaid orders for restitution, fines, and fees. So long as it is under 50% of the defendant's earnings, permits the court to increase or decrease the amount ordered to be withheld upon a showing of changed circumstances or to suspend or cancel attachment of earnings. Allows the superintendent of a correctional facility in which a person is confined to fix the manner and time of payment of these orders.
For restitution paid into a court and unclaimed for 2 years, changes the fund to which such restitution is credited from the general fund to the victim and witness assistance and law enforcement fund in the judicial district where the crime occurred. Clarifies that these local funds receive restitution payments due to the state when the victim cannot be located or declines to accept the restitution payments.
Establishes a $25 time payment fee whenever a defendant does not pay all court-ordered restitution, fines, costs, or fees at the time the court enters the order. Specifies that the time payment fee may only be assessed once per case. Authorizes the assessment of the $10 late penalty fee whenever restitution or a fine or a fee is not made when due. Allows the court to waive these fees if it determines that the defendant does not have the financial resources to make the payments. Creates the judicial collection enhancement fund in the state treasury to which time payment and late fees are to be credited, and directs the general assembly to appropriate moneys in the fund to pay part of the costs of collecting restitution, fines, and fees. Prioritizes how payments by the defendant are to be credited.
States that the provisions are effective upon passage and shall apply to orders entered and delinquencies occurring on and after the effective date. Makes amendments to new provisions of the "Colorado Children's Code" effective January 1, 1997, but only if the new provisions of the "Colorado Children's Code" become law.
APPROVED by Governor June 3, 1996
PORTIONS EFFECTIVE June 3, 1996, January 1, 1997
H.B. 96-1281 Criminal offenses - use of forged academic records. Makes the use of a forged academic record with intent to seek employment or with intent to seek admission to a public or private institution in this state or to secure a scholarship or other form of financial assistance a crime, punishable as a class 1 misdemeanor.
APPROVED by Governor May 23, 1996
EFFECTIVE July 1, 1996
H.B. 96-1361 Criminal offenses - endangering public transportation - school buses - future appropriations. Expands the definition of "public" for purposes of the crime of endangering public transportation to include the transportation of pupils enrolled in public or nonpublic schools in preschool through grade 12.
Makes a future appropriation to the department of corrections out of the mass transportation account to the corrections expansion reserve fund for fiscal year 1997-98.
Makes future appropriations to the department of corrections out of the general fund for fiscal years 1998-99 through 2000-01.
Applies to offenses committed on or after July 1, 1996.
APPROVED by Governor June 1, 1996
EFFECTIVE July 1, 1996
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