Excepts this act from the 5-year statutory appropriation statute for prison bed construction and operating costs and ties any prison bed construction and operating costs resulting from this act to the prison bed savings and operating costs savings created by an amendment contained in House Bill No. 99-1168.
Provides that the act applies to offenses committed on or after July 1, 2000; except that said act shall only take effect if:
APPROVED by Governor June 2, 1999
EFFECTIVE July 1, 2000
NOTE: House Bill 99-1168 was signed by the Governor on May 24, 1999.
S.B. 99-96 Female genital mutilation - crime created - educational program. Requires the executive director of the department of public health and environment, or the executive director's designee, to:
Authorizes the executive director to obtain and expend private funds, grants, gifts, or donations for the educational program. Creates the female genital mutilation fund for such grants, gifts, or donations. Repeals the educational program effective July 1, 2004.
Makes it a crime of child abuse for a person to excise or infibulate the genitalia of a female child, or for the parent, guardian, or other person legally responsible for a female child to allow such mutilation of the child's genitalia. Specifies that consent to such conduct or belief that the conduct is required as a matter of custom, ritual, or standard practice is not an affirmative defense. Establishes exceptions to such crime if the procedure is necessary for the health of the child or performed on a mother who is in labor or in connection with the birth of her infant.
Requires the district attorney to report information to the immigration and naturalization service where there is a reasonable belief that any person arrested or charged with female genital mutilation is not a citizen or national of the U.S.
States the intent of the general assembly that any cost of the act will be offset by savings from the passage of House Bill 99-1168.
Provides that this act shall apply to offenses committed on or after May 24, 1999; except that said act shall only take effect if:
APPROVED by Governor May 24, 1999
EFFECTIVE May 24, 1999
NOTE: House Bill 99-1168 was signed by the Governor on May 24, 1999.
S.B. 99-106 Hazing - penalties. Establishes a class 3 misdemeanor offense for engaging in hazing. Defines "hazing" as any activity that recklessly endangers the health or safety of or causes a risk of bodily injury to another person for the purpose of initiation or admission into any student organization.
BECAME LAW: April 17, 1999
EFFECTIVE July 1, 1999
S.B. 99-119 Sexual offenses - HIV testing - mandatory sentencing. Requires a person who is convicted under a municipal ordinance that is comparable to the offense of prostitution or patronizing a prostitute to submit to human immunodeficiency virus (HIV) testing. Specifies that the results of said test shall be reported to either the district attorney or municipal attorney. Authorizes the district attorney or municipal attorney to release the test results to a district attorney or municipal attorney in another jurisdiction if the person is charged in the other jurisdiction with prostitution or patronizing a prostitute. Requires the HIV test to be performed by a facility that provides ongoing health care. Requires the employee of the facility who performs the test to provide oral and documentary evidence concerning whether the person tested was provided notice of the positive result and the date of such notice. Specifies that authorized possession of medical records concerning HIV testing in this context does not constitute theft of medical records.
In sentencing a person who is convicted of prostitution with knowledge of being infected with HIV, allows the court to order an assessment for the use of controlled substances or alcohol and to order the person to receive treatment if recommended following the assessment. Also allows the court to order the person to participate in mental health treatment if recommended in the presentence report.
Requires the court to order any person who has been bound over for trial on a sex offense consisting of sexual penetration that involved sexual intercourse or anal intercourse to submit to HIV testing. Specifies that the test results shall be reported to the district attorney. Requires the district attorney to maintain the confidentiality of the test results except under specified circumstances. If the person tests positive, allows the district attorney to seek information from the state department of public health and environment and the local health department concerning whether the person had knowledge of his or her HIV infection prior to the date of the offense.
If the district attorney determines the person had such knowledge, allows the district attorney to file an indictment or information seeking mandatory sentencing. Requires the state or local health department employee who first notified the person to provide oral and written information only about the notice and its date at the sentencing hearing. If such employee is no longer employed by the state or local health department, requires the state or local health department to provide the former employee's name and address, if available, the documentary evidence, and, if the former employee is unavailable, any current officer or employee with knowledge of the notice and its date. If the person is convicted and the court determines the person had prior knowledge of his or her HIV infection, requires the court to sentence the person to a mandatory term of incarceration of at least 3 times the upper limit of the presumptive range for the level of offense committed, up to the remainder of the person's natural life.
Specifies that the disclosure provisions shall not be construed to abridge the statutory confidentiality requirements imposed on the state department of public health and environment and the local health departments except with regard to the court and the parties to the criminal action.
Provides that sections 5 and 6 of this act shall apply to offenses committed on or after May 29, 1999; except that said sections shall only take effect if:
APPROVED by Governor May 29, 1999
EFFECTIVE May 29, 1999
NOTE: House Bill 99-1168 was signed by the Governor on May 24, 1999.
S.B. 99-129 Public transportation entities - authority to appoint fare inspectors. Authorizes public transportation entities to appoint and employ fare inspectors to enforce the statutory provision proscribing theft of public transportation services by fare evasion. Specifies qualifications for such fare inspectors. Empowers fare inspectors to issue citations to persons violating such statutory provision. Requires fare inspectors to issue citations on behalf of the county in which the person occupying, riding in, or using a public transportation vehicle without paying the applicable fare is located at the time the theft is discovered. Requires the public transportation entity whose fare inspector issued the citation to timely deliver the citation to the local law enforcement agency for the jurisdiction in which the accused person is located at the time the theft is discovered, as well as to the district attorney for the county on behalf of which the citation was issued. Requires the local law enforcement agency to transmit the citation to the clerk of the appropriate county court for purposes of enforcement and prosecution of the theft by fare evasion statute.
APPROVED by Governor April 15, 1999
EFFECTIVE August 4, 1999
NOTE: This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final
adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section
1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of
this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date
of the official declaration of the vote thereon by proclamation of the governor.
H.B. 99-1027 Criminal mischief involving graffiti - driver's license revocation. Makes revocation of a driver's license a mandatory penalty for convictions or adjudications for criminal mischief where the court finds that the underlying factual basis for the conviction or adjudication involved defacing property. Applies the penalty in the same manner as a mandatory driver's license revocation for a conviction or adjudication for defacing property. Prohibits an insurer from canceling, increasing the premium for, or otherwise changing an insurance policy because the insured or a member of the insured's household has had his or her license revoked because of a conviction or adjudication for defacing property or criminal mischief.
APPROVED by Governor April 22, 1999
EFFECTIVE July 1, 1999
H.B. 99-1070 Sexual assault - age of parties. Adds a new crime of sexual assault in the second degree when, at the time of the act, the victim is at least 15 years of age but less than 17 and the actor is at least 10 years older than the victim and is not the victim's spouse. Makes the crime of sexual assault in the second degree in such circumstances a class 1 misdemeanor, subject to enhanced sentencing provisions.
Applies to offenses committed on or after July 1, 1999.
APPROVED by Governor April 16, 1999
EFFECTIVE July 1, 1999
H.B. 99-1075 Bail bonds - procedures - compensated sureties - forfeiture - judgment - exoneration. Establishes and defines a "board system" that prohibits the acceptance of appearance bonds from any bonding agent if a bail forfeiture judgment against the bonding agent remains unpaid or is not otherwise discharged. Establishes a procedure for compensated sureties that:
Requires the court to order the division of insurance to forfeit the qualification bond of a cash bonding agent if the agent is placed on the board for more than 30 consecutive days for the same forfeiture.
Requires the court to order the division of insurance to suspend the license of a bail bonding agent if the agent is placed on the board for more than 45 consecutive days for the same forfeiture.
Requires the division of insurance to order a bail insurance company to pay an unpaid judgment if the judgment remains unpaid 15 days after the company has been placed on the board.
Requires the division of insurance to deny, suspend, revoke, or refuse to renew a bail bonding license if the agent has not paid a judgment after being on the board for more than 45 consecutive days for the same forfeiture or if the agent continues to execute bonds after being placed on the board. Adds such an offense to the list of prohibited activities of bail bonding agents, punishable as a misdemeanor.
APPROVED by Governor March 24, 1999
EFFECTIVE July 1, 1999
H.B. 99-1095 Drugs associated with drug-induced rape - prohibition - appropriation. Prohibits any person from knowingly possessing gamma hydroxybutyrate (GHB) or ketamine. Makes violation of this prohibition a class 1 misdemeanor.
Prohibits any person from knowingly manufacturing, distributing, dispensing, selling, or possessing with intent to manufacture, distribute, or sell GHB or ketamine. Prohibits any person from knowingly causing or attempting to cause any other person to unknowingly consume or receive the direct administration of GHB or ketamine. Makes violation of either of these prohibitions a class 3 felony or a class 2 felony if the violation is subsequent to a prior conviction for a violation of either of these prohibitions.
Allows a person who is licensed to prescribe, administer, or dispense controlled substances to possess, manufacture, distribute, dispense or sell GHB or ketamine for bona fide medical needs.
Excepts this act from the 5-year statutory appropriation statute for prison bed construction and operating costs and ties any prison bed construction and operating costs resulting from this act to the prison bed savings and operating costs savings created by an amendment contained in House Bill No. 99-1168.
Provides that this act shall apply to offenses committed on or after July 1, 1999; except that said act shall only take effect if:
APPROVED by Governor June 1, 1999
EFFECTIVE July 1, 1999
NOTE: House Bill 99-1168 was signed by the Governor on May 24, 1999.
H.B. 99-1162 Procedural changes - grand juries - costs - bail - probation. Clarifies that a grand jury of any type shall serve for a term of 12 months unless the court discharges the jurors earlier or enlarges the term; except that no grand jury term shall exceed 18 months. Specifies that a judge may close the grand jury selection proceeding to the public. Allows release of juror names and numbers in the absence of a court order preserving confidentiality.
Repeals the provision that grants the state of Colorado a judgment for costs incurred in making undercover purchases of controlled substances to obtain evidence against a defendant, but gives the court authority to include the cost of these undercover purchases in orders for restitution.
Codifies section 19 of article II of the state constitution with regard to a person's right to bail after conviction.
Clarifies that, unless an appeal from the trial court raises a claim related to the granting of probation, the trial court retains jurisdiction of the case for the purpose of adjudicating complaints regarding alleged violations of the terms and conditions of probation.
Corrects a reference to federal law in the definition of "victim" for purposes of the "Colorado Crime Victim Compensation Act".
APPROVED by Governor March 15, 1999
EFFECTIVE March 15, 1999
H.B. 99-1168 Criminal laws - substantive changes. Changes harassment by stalking to the crime of stalking. Expands the crime to include circumstances under which the offender presents a credible threat to a person with whom the victim has or has had a relationship. Expands the crime to include circumstances under which the offender repeatedly engages in conduct that would cause a reasonable person to suffer serious emotional distress. Raises the penalty from a class 6 to a class 5 felony for a first offense and from a class 5 to a class 4 felony for second or subsequent or aggravated offense. Makes stalking a crime of extraordinary risk of harm to allow the court to impose enhanced sentencing.
Makes harassment a class 1 misdemeanor if the offender commits harassment with the intent of harassing or intimidating another person because of the other person's actual or perceived race, color, religion, ancestry, or national origin. Clarifies that a charge of ethnic intimidation may be based on actions taken because of the offender's perception of the victim's race, color, religion, ancestry, or national origin. Raises ethnic intimidation resulting in bodily injury to a class 4 felony if the offender is physically aided or abetted by one or more persons during commission of the offense.
Increases the penalty for unlawful distribution, manufacturing, dispensing, sale, or possession of flunitrazepam to a class 3 felony or a class 2 felony for any second or subsequent offense. Requires the mandatory sentencing provisions for schedule I and schedule II controlled substances to apply to flunitrazepam. Makes illegal possession or consumption of ethyl alcohol by an underage person an unclassified offense rather than a class 2 petty offense, thereby removing the right to a jury trial on the offense. Extends the ability to aggregate the amount of drugs involved in two or more transactions over a six-month period to all schedule I and schedule II controlled substances and flunitrazepam.
Lowers the penalty for driving after revocation of license from a class 6 felony to a class 1 misdemeanor. Creates as a class 6 felony the crime of aggravated driving with a revoked license where a person convicted of driving with a revoked license is also convicted of other specified crimes.
Clarifies that "bodily injury" as used in the crime of unlawful ownership of a dangerous dog does not include a fracture of a bone, because such injury is included in the definition of "serious bodily injury".
Makes theft by receiving committed twice or more within 6 months a class 4 felony if the aggregate amount involved is $500 or more but less than $15,000 and a class 3 felony if the aggregate amount involved is $15,000 or more.
Classifies remifentanil hydrochloride as a schedule II controlled substance. Classifies modafinil, sibutramine, and stadol (butorphanol tartrate) as schedule IV controlled substances.
Clarifies that the crimes concerning escape or other offenses committed while under lawful confinement apply to persons who are confined due to convictions or adjudications occurring under the laws of this state, another state, the United States, or any territory under the control of the United States.
Clarifies that real property is not subject to seizure and forfeiture if it is neither proceeds of nor part of the same tract or lot of land used for the underlying public nuisance act.
Makes it a class 6 felony to possess or use up to 8 ounces of marihuana in a detention facility. Makes any subsequent offense, where both the initial and subsequent offenses involved more than one ounce of marihuana, a class 5 felony.
Makes any equipment, including computer equipment, used in committing sexual exploitation of a child or computer crime subject to forfeiture as a class 1 public nuisance. Clarifies that the crime of failing to register as a sex offender applies to persons required to register as sexually violent predators. Makes knowingly neglecting or otherwise acting in a manner injurious to the welfare of an at-risk juvenile a class 1 misdemeanor.
Removes a defendant's right to appellate review of the propriety of a sentence if the sentence is within the range agreed upon by the parties pursuant to a plea agreement. Clarifies that enhanced sentencing applies where a defendant who is on bond for commission of a felony is subsequently convicted of another felony and convicted in the case involving the previous felony charge.
APPROVED by Governor May 24, 1999
EFFECTIVE July 1, 1999
H.B. 99-1172 Mental condition - cooperation in examination - pleading. For offenses committed on or after July 1, 1999, requires a defendant who pleads not guilty by reason of insanity to cooperate in court-ordered examinations. Sanctions any defendant who refuses to cooperate by prohibiting that defendant from calling his or her own physician as a witness.
For offenses committed on or after July 1, 1999, prohibits a defendant from introducing evidence relevant to the issue of insanity without first entering a plea of not guilty by reason of insanity. Requires any defendant who seeks to introduce expert opinion evidence as to his or her mental condition to give notice of such intent and undergo a court-ordered examination. Directs that any defendant who provides such notice waives any claim of confidentiality or privilege with regard to communications made to a physician or psychologist. Requires the defendant to give notice at arraignment of the intent to introduce evidence as to mental condition, but allows the court to allow notice at a later date on a showing of good cause. Specifies that any delay caused by undergoing the examination is excluded from the time within which the defendant must be tried.
APPROVED by Governor April 22, 1999
EFFECTIVE July 1, 1999
H.B. 99-1235 Genetic testing - violent offenders - confidentiality - appropriation. Expands the list of crimes for which a person is required to submit to and pay for a DNA test of the person's blood to include crimes of violence and crimes for which a person must be sentenced as a crime of violence. Establishes the violent offender identification fund to receive such payments. Authorizes the parole board to require such testing as a condition of parole for a person found guilty of a sexual offense under the department of correction's code of penal discipline. Prohibits the release, except to criminal justice agencies, of information concerning chemical testing of offenders' DNA.
Appropriates from the general fund $335,910 and 2.0 FTE to the department of public safety for allocation to the Colorado bureau of investigation. Also appropriates $2,950 from the general fund to the judicial department for allocation to probation and related services in the judicial department. Adjusts the general fund appropriation made to the capital construction fund in the annual general appropriations act by $338,860.
APPROVED by Governor June 2, 1999
EFFECTIVE July 1, 1999
H.B. 99-1254 Collection of restitution - legislative council study - repeal - appropriation. Directs the legislative council staff to conduct a study of the assessment, collection, and distribution of criminal restitution. Specifies matters that the study shall examine and contacts with whom the staff should consult. Directs the council staff to present the final report and recommendations to legislative council and any other committees designated by legislative council by September 1, 1999. Authorizes the council to solicit and expend gifts, grants, and donations to defray the costs of the study. Repeals the statutory section effective July 1, 2000.
Appropriates from the general fund to the legislative department $14,172. Adjusts the general fund appropriation made to the capital construction fund in the annual general appropriations act by $14,172.
APPROVED by Governor May 24, 1999
EFFECTIVE May 24, 1999
H.B. 99-1260 Sex offenders - juvenile records - duty to register - genetic testing - community corrections sentence - sexually violent predators - community notification - appropriation. Allows public access to arrest and criminal records information concerning a juvenile charged with unlawful sexual behavior. Clarifies that the requirement to register as a sex offender applies to persons convicted under laws of another jurisdiction. Requires a sex offender who moves to Colorado to register as a sex offender in this state if the person was required to register as a sex offender in the state of conviction, regardless of the date of conviction. Makes technical amendments to clarify the definition of "unlawful sexual behavior", including clarifying that the genetic testing requirement imposed as a condition of probation applies to persons who receive deferred judgments.
Requires sex offenders who are sentenced directly to jail or community corrections to undergo DNA testing. Instructs the court to direct the sheriff to obtain the blood sample. Directs the Colorado bureau of investigation to conduct the DNA test and to maintain the test results on file. Allows a judge to sentence a sex offender to a residential community corrections program as a condition of probation. Establishes procedures by which the sex offender may be released to probation in the community. Requires any sex offender released from a residential community corrections program to participate in the intensive supervision probation program for sex offenders.
Extends the effective date for sexually violent predator evaluations to July 1, 1999. Directs the court to order administration of a sexually violent predator risk assessment for any defendant convicted of the specified offenses, and requires the court to make a finding concerning whether the defendant is a sexually violent predator. Instructs the parole board, in considering the release of any offender convicted of one of the specified offenses, to make specific findings concerning whether the offender is a sexually violent predator, based on a sexually violent predator risk assessment conducted by the department of corrections.
Requires department of corrections or department of human services personnel, prior to releasing a sex offender, to verify that the address given by the sex offender as the place where he or she will reside upon release is a residence, that the owners or occupants of the residence know the sex offender's criminal history and have agreed to allow the sex offender to reside at the address, and that the residence does not violate any conditions of parole. States that the sex offender is deemed to have provided false information if department personnel determine that the address does not meet these conditions. Makes providing false information concerning the address at which a person intends to reside upon release from incarceration or commitment an act that constitutes failure to register as a sex offender.
Makes a clarifying conforming amendment recognizing the court's ability to impose an indeterminate sentence pursuant to the "Colorado Sex Offender Lifetime Supervision Act of 1998". Clarifies that sex offender evaluation services shall be provided in conformance with standards adopted by the sex offender management board.
Authorizes the department of corrections or the supervising officer for any sex offender sentenced under the "Colorado Sex Offender Lifetime Supervision Act of 1998" who has been identified as a sexually violent predator to request the court or the state board of parole to determine whether the sexually violent predator should potentially be subject to community notification. Instructs the sex offender management board to adopt a risk assessment instrument, criteria for determining whether community notification is appropriate, and procedures and protocols for community notification. Identifies the local law enforcement agency for the jurisdiction in which the sexually violent predator resides as the entity that would carry out the community notification. Instructs the division of criminal justice within the department of public safety to create a technical assistance team to assist law enforcement agencies in carrying out community notifications and to provide educational services to communities.
Corrects the statutory cross references in the definition of "unlawful sexual offense", for purposes of the statute concerning habitual sex offenders against children. Clarifies that a sex offender must register if he or she moves to another state. Instructs the law enforcement agency of the jurisdiction in this state in which the sex offender resided to notify the agency responsible for sex offender registration in the new state. Requires, rather than allows, a local law enforcement agency to release information concerning a sex offender to any resident of the jurisdiction who requests information or to any nonresident who demonstrates a need to know. Extends the minimum registration time for a sex offender convicted of the class 1 misdemeanor of third degree sexual assault from 5 years to 10 years.
Clarifies that, in notifying a local law enforcement agency that a sex offender is planning to reside within the agency's jurisdiction, the department of corrections or department of human services may provide additional information concerning the sex offender. Allows the Colorado bureau of investigation, in providing the results of a criminal history check, to tell the requesting party that the person being checked is on the sex offender registry.
Appropriates $241,551 and 2.5 FTE from moneys remaining in the statewide instant criminal background check cash fund to the department of public safety for implementation of portions of the act. For the fiscal year beginning July 1, 2000, appropriates $172,882 and 1.5 FTE from general fund moneys to the department of public safety for implementation of portions of the act. Specifies the general assembly's intent that the future appropriation be derived from savings generated by House Bill No. 99-1168.
Provides that sections 3, 4, 14, and 17 of this act shall apply to offenses committed on or after July 1, 1999; except that section 3 and 17 shall only take effect if:
APPROVED by Governor June 2, 1999
EFFECTIVE July 1, 1999
NOTE: House Bill 99-1168 was signed by the Governor on May 24, 1999.
H.B. 99-1304 Burglary - clarification of "unlawful entry". Clarifies that, for purposes of the crimes of first and second degree burglary, a person may remain in a building unlawfully and form the intent to commit therein a crime, regardless of whether the person's initial access to the building was lawful or unlawful.
Applies to offenses committed on or after July 1, 1999.
APPROVED by Governor April 15, 1999
EFFECTIVE July 1, 1999
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