S.B. 03-6 Local initiative committee pilot program - creation. Creates a local initiative committee pilot program for the management of community-based programs for adults with mental illness who come into contact with the criminal justice system ("pilot program"). Establishes a local initiative committee ("committee") in at least 3 judicial districts over the course of 3 years, commencing January 1, 2004. Makes implementation of each of the 3 community-based pilot programs contingent upon receipt of the grants, gifts, or donations necessary to implement each program by July 1 of the year the program is required to be commenced. Requires the chief judge of each participating judicial district to appoint the members of the committee in the judicial district based on recommendations from the director of the division of mental health services in the department of human services, the director of the division of probation services in the judicial department, and the director of the division of criminal justice in the department of public safety.
Specifies the membership of the committee. Specifies that under the leadership of the director of the division of mental health services, the director of the division of probation services, and the director of the division of criminal justice, each committee shall meet at least 3 times each year to supervise and share information concerning the coordination of services for adults with mental illness who come into contact with the criminal justice system. Requires each committee to develop and implement plans for the provision and coordination of services within the judicial district. Requires each committee to review and revise the plans developed, as necessary.
Requires the director of the division of mental health services, the director of probation services, and the director of the division of criminal justice to submit to the judiciary committees of the senate and the house of representatives a copy of the plans adopted by each committee, any revision of the plans adopted, and a written report evaluating each committee's provision and coordination of services for adults with mental illness who come into the contact with the criminal justice system.
Authorizes the executive director of the department of public safety, the state court administrator in the judicial department, and the executive director of the department of human services to accept and expend on behalf of the state any grants, gifts, or donations from any private or public source for the purpose of establishing the local initiative committee pilot program.
APPROVED by Governor May 22, 2003
EFFECTIVE May 22, 2003
S.B. 03-24 Concealed handgun permits - qualifications - application procedures - background check procedures - temporary emergency permits - renewal - use restrictions - appropriation. Specifies that the issuance and use of a permit to carry a concealed handgun ("permit") is a matter of statewide concern. Assigns responsibility for issuing permits to county sheriffs and the official having the duties of a sheriff in a city and county.
Specifies the qualifications for receiving and keeping a permit. Allows a sheriff to deny the issuance of a permit if the sheriff has documentary evidence that the person would be a danger to self or others. Specifies the minimum contents of the permit and that permits are valid for 5 years and may be renewed. Directs the sheriffs to ensure all permits contain the same items of information and are the same size and color. Specifies how a permit may be used. Identifies conditions under which a handgun is not considered concealed.
Specifies the documents that an applicant must submit to a sheriff to apply for a permit. Instructs the sheriff to witness the applicant's signature on the permit application, to verify the applicant's identity, to take 2 full sets of the applicant's fingerprints, which must be sent to the Colorado bureau of investigation ("CBI"), and to determine whether the applicant meets the requirements for obtaining a permit. Specifies the procedures for denying a permit, including giving notice of the right to request a second review by the sheriff, to seek judicial review, and to submit additional information for the record. Directs the sheriff to establish the amount of the new and renewal permit fees based on the actual costs of issuing and renewing the permits, and caps the fee amounts at $100 for issuance of a permit and $50 for renewing a permit.
Requires each sheriff to maintain a list of the persons to whom he or she issues permits. Allows the sheriff to share information from the list upon request by a law enforcement agency. Specifies that any database of permit holders shall be searchable only by name. Prohibits creation or maintenance of a database of permittees on and after July 1, 2007. Requires each sheriff to submit an annual report to the general assembly containing information concerning permit applications and the number of permits issued, but not including the names of permit applicants. Specifies conditions under which a permit may become invalid or may be suspended. Establishes procedures for renewing a permit, including the documents to be filed and the fee to be paid.
Establishes procedures for judicial review of a sheriff's denial of, suspension of, revocation of, or refusal to renew a permit. Allows for judicial review either following or in lieu of a second review by the sheriff. Specifies that the sheriff bears the burden of proving that he or she appropriately denied, suspended, revoked, or refused to renew the permit. Allows the reviewing court to award attorney fees to the prevailing party on review.
Requires the CBI to process the fingerprints received from sheriffs for issuance of permits and to forward fingerprints to the federal bureau of investigation for processing. Allows the CBI to maintain the fingerprints for use only in obtaining information for the issuance and renewal of permits and in notifying a sheriff if a permittee is arrested for a disqualifying offense. Directs the CBI to provide a list to the general assembly of the jurisdictions in which the sheriff provides to the CBI the names of permittees.
Establishes procedures for a sheriff to issue a temporary emergency permit to a person whom the sheriff determines is in immediate danger. Allows a sheriff to issue a temporary emergency permit to a person 18 years of age or older. Makes the emergency permit valid for 90 days. Allows renewal of an emergency permit for one additional 90-day period; except that, if the permittee is younger than 21 years of age, allows renewal for repeated 90-day periods until the permittee reaches 21 years of age.
Exempts a law enforcement officer from another state from the permit requirement so long as the officer's state exempts Colorado law enforcement officers. Allows certain retired peace officers to qualify automatically for a permit within the first 5 years after retirement. Recognizes as valid in this state a permit issued to a person at least 21 years of age by another state that recognizes the validity of Colorado permits.
States that a permit authorizes the permittee to carry a concealed handgun in all areas of the state, except as restricted by state law. Prohibits a local government from adopting a resolution or ordinance restricting the carrying of a concealed handgun that would conflict with the state law. Specifies that a permit does not authorize a permittee to carry a concealed handgun in areas where carrying is prohibited by federal law, in secure public buildings, or on public elementary or secondary school grounds, with some exceptions. Clarifies the rights of private property owners to control their private property.
Grants civil immunity to the CBI, local law enforcement agencies, and employees of said entities for the good faith implementation of the act. Grants civil immunity in suits for damages arising from issuance or denial of a permit to persons who provide information concerning an applicant. Provides that permits issued prior to the effective date of the act shall expire on June 30, 2007, or on the date specified in the permit, whichever occurs first. Specifies procedures for renewing existing permits.
Appropriates $908,806 and 5.6 FTE to the CBI for the costs incurred in conducting the fingerprint criminal history checks.
APPROVED by Governor March 18, 2003
EFFECTIVE May 17, 2003
S.B. 03-25 Firearms - statewide regulation. Expands the prohibition against local ordinances and resolutions that restrict a person's ability to travel with a weapon in a private automobile to apply to situations in which the person is traveling for purposes of hunting or traveling within one jurisdiction.
Recognizes that firearms regulation is a matter of statewide concern. Prohibits a local government from maintaining a list or other form of record or database of: Persons who purchase or exchange firearms or leave firearms for repair or sale on consignment; persons who transfer firearms; or descriptions of firearms transferred, exchanged, or left for repair or sale on consignment.
Prohibits a local government from adopting or enforcing an ordinance, resolution, or other law that would prohibit the sale, purchase, or possession of a firearm that a person may lawfully sell, purchase, or possess under state or federal law. Allows a local government to enact an ordinance, regulation, or other law that prohibits the open carrying of a firearm in a building or specific area within the local government's jurisdiction. Requires the local government to post signs at the public entrances to any building or area in which open carrying of a firearm is prohibited.
APPROVED by Governor March 18, 2003
EFFECTIVE March 18, 2003
S.B. 03-38 Mortuary Science Code - unlawful acts. Clarifies that, for purposes of the unlawful acts described in the "Mortuary Science Code" only, the terms "next of kin", "kin", or "family member" do not include any person who is arrested on suspicion of having committed, is charged with, or has been convicted of, a homicide or related offense involving the death of the decedent.
APPROVED by Governor June 5, 2003
EFFECTIVE July 1, 2003
S.B. 03-65 Animal protection - animal cruelty prevention fund - cruelty to animals - serious physical harm - animal impoundment by peace officer - bonding requirements for impounded animals - impound agency - animal fighting - pet animal facility license - transfer of cats - county resolutions governing pet animals - violation. Expands the sources for the animal cruelty prevention fund to include grants, gifts, and donations. Expands the uses of the animal cruelty prevention fund to include assisting with costs associated with the impoundment of an animal that is the subject of cruelty. Extends the crime of cruelty to animals to include additional acts. Clarifies that a peace officer may take possession of and impound an animal under certain circumstances. Permits an animal owner or custodian to prevent disposition of an animal that has been impounded, by posting a bond with the court for the cost of the care provided by the impound agency. Extends the crime of animal fighting to include additional acts.
Increases the statutory fee cap for a pet animal facility license. Authorizes the commissioner of agriculture to adopt rules concerning the minimum weight requirement for the transfer of cats. Increases the statutory fine cap for violations of county resolutions governing pet animals.
APPROVED by Governor May 22, 2003
EFFECTIVE July 1, 2003
S.B. 03-76 DUI - first offense - unlawful use of controlled substance - deferred sentence - appropriation. Authorizes a person whose driver's licence is revoked for the first time for driving a vehicle with a blood alcohol content level greater than 0.10, in lieu of receiving a 3-month revocation, to receive a one-month revocation followed by a probationary license for 5 months. Provides that the change is only effective if Senate Bill 03-192 becomes law.
For persons charged with the unlawful use of a controlled substance, authorizes the court to defer sentencing for up to 4 years.
For the 2003-04 fiscal year, appropriates $239,753 and 5.5 FTE from the offender services fund to the judicial department and $183,930 and 4.0 FTE from the drivers license administrative revocation account in the highway users tax fund to the department of revenue for implementation of the act.
APPROVED by Governor June 5, 2003
EFFECTIVE July 1, 2003
NOTE: Senate Bill 03-192 was signed by the Governor March 5, 2003.
S.B. 03-97 Parole board - reconsideration of application - class 1 or 2 crimes of violence felons - once every 5 years. Allows the parole board to reconsider the parole application of a person convicted of a class 1 or 2 felony crime of violence once every 5 years.
APPROVED by Governor March 28, 2003
EFFECTIVE July 1, 2003
S.B. 03-133 Forfeiture - proportionality test - exceptions to conviction requirement - establishing a true owner - obtaining title to seized property - district attorney seizure report. Changes the proportionality test in forfeiture actions to the federal test. Requires a defendant who claims a forfeiture is constitutionally excessive to demonstrate by a preponderance of the evidence that the forfeiture is grossly disproportional to the crime.
Makes exceptions to the conviction requirement. Allows forfeiture if the criminal case is plea bargained to a lesser included offense. Requires that the stay in the civil case applies to discovery proceedings. Clarifies that a stay granted until the disposition of criminal charges does not continue through an appeal. Clarifies that acquittal of one defendant does not mandate dismissal of the entire forfeiture case where a co-defendant could be found guilty. Precludes standing in forfeiture actions for a defendant who fails to appear, and allows forfeiture in those cases. Makes clear the procedure in situations where the defendant dies before completion of the criminal case. Permits a defendant to waive the conviction requirement if he or she desires to resolve the civil case.
Limits the issues at a forfeiture-related temporary restraining order hearing to probable cause, the innocent owner defense, and issues regarding temporary seizure of the property. Reconciles the clear and convincing evidence standard with the presumption that large amounts of money found with drugs or a drug dealer are proceeds of criminal activity. Repeals the definition of "good cause" for purposes of granting the continuance of a public nuisance action. Clarifies the notice provisions relating to knowledge of a public nuisance act or the subject act by including prior similar conduct. Defines "proceeds traceable". Harmonizes the discovery provisions.
Requires a person claiming to be a true owner to establish standing and prove he or she is a true owner. Lists the criteria the court should consider in determining whether the person is a true owner.
Clarifies title issues after a court orders forfeiture. Permits the sheriff to sell the forfeited property at auction or in another commercially reasonable manner. Allows the property to be sold conditionally subject to liens if the purchaser can satisfy the liens within 60 days or obtains authorization from the lien holder. Eliminates the requirement that notices of seizure be filed for every item seized. Maintains notice requirements for real property and motor vehicles.
Eliminates the requirement that the district attorney report seizures taken by local police and sheriffs' departments to the United States attorney for forfeiture in federal court. Changes the filing date of the annual district attorney seizure report from January 1 to April 1.
APPROVED by Governor April 7, 2003
EFFECTIVE July 1, 2003
S.B. 03-147 Procedural changes in criminal laws - criminal pleading - jurisdiction - probation sentencing - venue - production of records in economic crime - corporate liability. Clarifies that criminal and juvenile pleadings can be filed using either the conjunctive or disjunctive. Amends the statute of limitations to toll the statute during the time the pleadings are filed in a court without jurisdiction, if the prosecution has a good faith belief the court has jurisdiction.
Adds incest to the list of crimes that allow the admission of out-of-court statements of a child and for which both videotaped depositions and testimony over closed-circuit television are allowed, and to the list of crimes in the treatment cost statute. Makes clear that the legislature intended that anyone convicted of a sexual offense that requires indeterminate sentencing must serve the minimum number of years that the court imposed as part of the sentence minus earned time before being eligible for parole. Allows a judge to impose a probation term of whatever length the judge deems is necessary, even if longer than the amount of time the judge could sentence the defendant to incarceration; except that the period of probation cannot exceed 5 years for misdemeanors or petty offenses.
Clarifies a reference in the cruelty to animals statute regarding prior convictions. Expands the venue for fraud offenses. Allows one jurisdiction to handle all cases arising out of the same crime spree. Clarifies a cross-reference in the habitual offender statute. Creates a procedure for production of records related to economic crime. Expands criminal liability for corporations to apply to business entities.
Allows a juvenile to be terminated from the youthful offender system program based upon failure to comply with the terms and conditions of his or her placement.
APPROVED by Governor April 17, 2003
EFFECTIVE April 17, 2003
S.B. 03-164 DNA testing - post-conviction - procedure. Creates a procedure for requesting post-conviction DNA testing. Requires a motion for post-conviction DNA testing to include sufficient facts to support a prima facie showing that relief is warranted and the results of all prior DNA tests, regardless of who performed the test. Allows the court to deny the motion without a hearing and appointment of counsel if the court is satisfied the petitioner is not entitled to relief. Prohibits a court from ordering DNA testing unless the petitioner demonstrates by a preponderance of the evidence that:
● The results of the DNA testing will demonstrate actual innocence;
● Biological evidence pertaining to the offense was collected and still exists;
● Conclusive DNA results were not available prior to conviction, and the petitioner did not secure DNA testing prior to conviction because testing was not reasonably available or for reasons that constitute justifiable excuse, ineffective assistance of counsel, or justifiable neglect; and
● The petitioner consents to provide a biological sample for DNA testing.
If the court grants a motion for hearing, requires the court to order the appropriate law enforcement agency to preserve existing biological evidence for DNA testing.
Compels the petitioner to pay for the DNA testing, or, if the petitioner is indigent and represented by the public defender or alternative defense counsel, states that testing shall be paid from the public defender's budget or alternate defense counsel's budget.
Imposes no duty on a law enforcement agency to preserve biological evidence, prior to an order to preserve the evidence, and no liability for failure to preserve biological evidence.
Allows the petitioner to use the results of the DNA testing in a post-conviction motion even if there is a law or rule barring the motion as untimely.
Requires the results of the DNA testing to be made available to the combined DNA index system and any other law enforcement DNA databases.
APPROVED by Governor March 28, 2003
EFFECTIVE August 6, 2003
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
S.B. 03-318 Drug crimes - possession or use offence one gram or less - reduce felony level - drug offender treatment fund - interagency task force on treatment - judicial district drug treatment boards - probation eligibility for person convicted of possession or use offence one gram or less if third felony - sunset. Decreases the penalty for use of a schedule I or II controlled substance to a class 6 felony. Reduces to a class 6 felony the penalty for a first possession offense when the amount of a schedule I through IV controlled substance is one gram or less. Lowers to a class 4 felony the penalty for a second or subsequent possession offense when the amount of a schedule I through IV controlled substance is one gram or less.
Creates the drug offender treatment fund. Creates the interagency task force ("task force") on treatment. Directs the task force to allocate the moneys in the drug offender treatment fund. Requires the task force to report to the judiciary committees of the house and senate regarding the anticipated savings generated by the act on or before January 31, 2005, and on or before January 31, 2007. Creates judicial district drug offender treatment boards ("boards") within each judicial district. Directs each board to distribute drug offender treatment fund moneys within the judicial district. Compels each board to report to the task force and the judiciary committees of the house and senate each year the amount of drug offender treatment fund moneys received and how the moneys were distributed.
Allows an offender who has 2 previous felony convictions and who is convicted of possession of one gram or less of a schedule I through IV controlled substance to be placed on probation.
Requires all portions of the act to return to existing language if the expected savings from the act of $2.2 million are not applied to the drug offender treatment fund in the fiscal year beginning in 2005, or any fiscal year thereafter.
APPROVED by Governor June 7, 2003
EFFECTIVE July 1, 2003
H.B. 03-1004 Manufacturing controlled substance - presence of a child - class 3 felony - appropriations. Adds manufacturing or attempting to manufacture a controlled substance, and possessing methamphetamine precursors with the intent to manufacture, in the presence of child, or on the premises where a child is found or resides, to the crime of child abuse. Makes the crime a class 3 felony.
Makes a 5-year statutory appropriation for implementation of the act as follows: For fiscal year 2006-07, appropriates $291,761 from the capital construction fund to the corrections expansion reserve fund; for fiscal year 2007-08, appropriates $416,802 from the capital construction fund to the corrections expansion reserve fund and appropriates $118,516 to the department of corrections.
APPROVED by Governor June 4, 2003
EFFECTIVE July 1, 2003
H.B. 03-1020 Criminal trial venue - same criminal episode - forgery. For purposes of determining the appropriate place of trial, adds forgery to the list of crimes that can be considered part of the same criminal episode if the crime is committed on 2 or more occasions within a 6-month period.
APPROVED by Governor April 17, 2003
EFFECTIVE April 17, 2003
H.B. 03-1034 Sex offender registration - electronic notification and transmission - effective date. Changes the effective date for electronic notification and electronic transmission of sex offender registration information from January 1, 2003, to January 1, 2004.
APPROVED by Governor March 25, 2003
EFFECTIVE March 25, 2003
H.B. 03-1045 Criminal penalties for unauthorized insurance. Increases to a class 1 misdemeanor the criminal penalty for the sale of policies of an insurance company not authorized to do business in Colorado.
APPROVED by Governor April 7, 2003
EFFECTIVE July 1, 2003
H.B. 03-1138 Unlawful termination of pregnancy - enhanced penalties - death penalty aggravator - appropriation. Makes it a class 4 felony to intentionally and unlawfully terminate another person's pregnancy. Prohibits prosecution of a person who provides medical treatment to which the pregnant woman consented. Repeals the requirement that the prosecution prove an underlying factual basis of domestic violence for a court to impose an enhanced sentence on a person convicted of a specified crime against a pregnant woman. Makes intentionally and knowingly killing a pregnant woman an aggravating factor for purposes of imposing the death penalty.
Makes a 3-year statutory appropriation as follows: For fiscal year 2005-06, appropriates $138,934 from the capital construction fund to the corrections expansion reserve fund; for fiscal year 2006-07 appropriates $125,041 from the capital constriction fund to the corrections expansion reserve fund and appropriates $56,436 in general fund moneys to the department of corrections; for the fiscal year 2007-08, appropriates $107,228 in general fund moneys to the department of corrections.
APPROVED by Governor June 3, 2003
EFFECTIVE July 1, 2003
H.B. 03-1191 Computer dissemination of indecent material to a child - prohibition - civil penalty - action to recover - distribution of penalty - attorney fees. Prohibits the computer dissemination of indecent material to a person believed to be a child. Clarifies that the person performing the computer dissemination of indecent material is not relieved of liability if the person to whom the material was disseminated in fact was not a child. Imposes a civil penalty against a person who violates the prohibition against computer dissemination of indecent material to a child. Enables any private individual to bring a civil action to recover the civil penalty. Establishes the priority for the distribution of a civil penalty assessed by the court. Awards a plaintiff his or her reasonable attorney fees and costs if he or she is awarded a distribution of the civil penalty. Clarifies that the civil action for a recovery of a civil penalty for the computer dissemination of indecent material to a child does not abrogate a criminal action or any civil action or claim available to a plaintiff.
APPROVED by Governor May 22, 2003
EFFECTIVE July 1, 2003
H.B. 03-1212 Courts - restitution - criminal cases - insurance benefits - payment credit priority. Requires the court, for non-felony convictions under the motor vehicle statutes, to order restitution concerning only the portion of the victim's pecuniary loss that is not compensable from certain sources. Directs the court to consider certain circumstances in determining the restitution amount to be ordered. Prohibits the court from awarding restitution concerning certain pecuniary losses and damages based on insurance coverage.
Clarifies that, under certain circumstances, an insurance company, risk management fund, and public entity shall not be obligated to defend a defendant in a criminal or traffic matter or to satisfy a civil judgment entered pursuant to the restitution statutes. Excludes from the definition of "restitution" damages for physical or mental pain and suffering, loss of consortium, loss of enjoyment of life, loss of future earnings, and punitive damages. Divides restitution in the payment priority statute into 3 sub-categories based on the circumstances of the victim involved.
APPROVED by Governor April 17, 2003
EFFECTIVE September 1, 2003
H.B. 03-1213 Sexual exploitation of a child - no commercial purpose - appropriations. Removes the "commercial purpose" qualifier from the crime of sexual exploitation of a child.
Makes a 5-year statutory appropriation for implementation of the act as follows: For fiscal year 2003-04, appropriates $69,467 from the capital construction fund to the corrections expansion reserve fund; for fiscal year 2004-05, appropriates $28,818 in general fund moneys to the department of corrections; for fiscal year 2005-06, appropriates $28,818 in general fund moneys to the department of corrections; for fiscal year 2006-07, appropriates $69,467 from the capital construction fund to the corrections expansion reserve fund and appropriates $28,818 in general fund moneys to the department of corrections; for fiscal year 2007-08, appropriates $56,436 in general fund moneys to the department of corrections.
For implementation of the act, adjusts appropriations made in the 2003 general appropriations act by decreasing the general fund appropriation to the department of corrections, institutions, utilities subprogram, utilities by $69,467.
APPROVED by Governor May 22, 2003
EFFECTIVE July 1, 2003
H.B. 03-1236 Substantive criminal law - sentencing clarifications - "act of harassment" in retaliation and intimidation statutes - habitual offender mandatory parole. Clarifies for statutes that require a mandatory sentence that the sentence is to the department of corrections in the case of felonies and to county jail in the case of misdemeanors. Provides that for certain drug-related offenses, a defendant who is subject to sentencing under 2 statutes shall receive the longer sentence, and the prosecution is not required to choose which statute to proceed under. In the case of sentencing under extraordinary aggravating circumstances and sentencing enhancing factors, removes the under-age-18 qualifier from particular circumstances. Makes the mandatory minimum sentence for possession of an explosive 4 years. Clarifies language in the aggravated cruelty to animals crime to clarify the felony and misdemeanor offenses and the sentencing provisions. Increases the penalty for indecent exposure to a class 1 misdemeanor regardless of the age of the victim.
Makes it clear that the possession of a weapon by a previous offender statute applies to both adult and juvenile convictions. Conforms certain references from sexual assault to sexual offense. Defines "act of harassment" pursuant to the harassment criminal offense for purposes of the crimes of intimidating a witness, retaliation against a witness, and retaliation against a juror.
Requires that anyone convicted of being a habitual criminal must serve a mandatory period of parole upon release.
APPROVED by Governor April 29, 2003
EFFECTIVE April 29, 2003
PORTIONS EFFECTIVE July 1, 2003
H.B. 03-1243 Statute of limitations - criminal violations - series of acts - Colorado Securities Act. Clarifies that when an offense or delinquent act is based on a series of acts performed at different times, the period of limitation prescribed by the "Colorado Securities Act" for commencing a criminal proceeding starts at the time when the last act in the series of acts is committed.
APPROVED by Governor April 22, 2003
EFFECTIVE July 1, 2003
H.B. 03-1244 Defacing property - mandatory minimum fine second or subsequent offense - juvenile diversion cash fund - replace damaged property. Increases the penalty for a second or subsequent conviction of defacing property to a class 1 misdemeanor and requires the court to impose a mandatory minimum fine of $750. Splits the fines collected between the highway user's tax fund and the juvenile diversion cash fund. Creates the juvenile diversion cash fund. Requires the court to order any person convicted of defacing property to replace the property if it cannot be repaired, allows the court to limit the replacement cost to $2,500.
APPROVED by Governor May 22, 2003
EFFECTIVE July 1, 2003
H.B. 03-1251 Automobile theft prevention authority - creation - board - donations - fund - repeal. Establishes an automobile theft prevention authority ("authority") in the department of public safety to make grants to create and improve automobile theft prevention, enforcement, or prosecution programs. Creates and specifies the membership of an automobile theft prevention board to review applications for grants and to award such grants under the authority.
Authorizes the department of public safety to accept gifts, grants, and donations, including voluntary payments from insurance companies, to pay for the authority. Creates the auto theft prevention cash fund. Requires the state treasurer to notify specified officials once the moneys in the fund reach $300,000. Specifies that if, by June 1, 2008, moneys in the fund have never reached $300,000, the moneys shall be returned.
Directs that the section be repealed, effective July 1, 2008, but that it be reviewed by the general assembly prior to that date.
APPROVED by Governor April 22, 2003
EFFECTIVE April 22, 2003
H.B. 03-1266 Peace officers - scope of authority - certification requirements. Repeals the definition of "peace officer". Describes peace officer. Delineates the scope of authority and certification requirements for each of the peace officers in the state of Colorado.
Makes changes in terminology related to the delineation of each peace officer in the state of Colorado.
APPROVED by Governor May 2, 2003
EFFECTIVE August 6, 2003
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
H.B. 03-1297 Death penalty aggravators - chemical, biological, or radiological weapons - killing multiple persons in multiple criminal episodes. Expands the current death penalty aggravating factor that applies to using an explosive or incendiary device to include using a chemical, biological, or radiological weapon to commit the offense. Adds intentionally killing more than one person in more than one criminal episode to the list of death penalty aggravating factors.
APPROVED by Governor April 29, 2003
EFFECTIVE April 29, 2003
H.B. 03-1303 Communications - theft of services - unauthorized use of identification numbers or codes - unlawful access devices - manufacture and sale - penalties. Amends existing statutes pertaining to telecommunications crime, including the manufacture and use of "cloned" cellular telephones and other devices for obtaining unauthorized access to proprietary signals, codes, access numbers, content, and services. Enhances penalties for violations. Exempts certain multipurpose devices and the reception of free services and content.
VETOED by Governor May 21, 2003
H.B. 03-1304 Impersonating a peace officer - class 1 misdemeanor. Increases the penalty for impersonating a peace officer from a class 2 misdemeanor to a class 1 misdemeanor.
APPROVED by Governor April 29, 2003
EFFECTIVE May 1, 2003
H.B. 03-1317 Sale or distribution of materials to manufacture controlled substances - enhanced sentencing - anhydrous ammonia - container restrictions - appropriation. Makes it a felony to sell or distribute chemicals, supplies, or equipment, when the seller or distributor knows or reasonably should know or believes that a person intends to use the materials sold or distributed to illegally manufacture a controlled substance. Specifies that the felony is a crime that presents an extraordinary risk of harm to society. Makes it a misdemeanor crime to sell, purchase, attempt to purchase, fill, refill, deliver, or permit to be delivered an anhydrous ammonia container under certain circumstances.
Makes a 5-year statutory appropriation for the implementation of this act as follows: For fiscal year 2004-05, appropriates $69,467 from the capital construction fund to the corrections expansion reserve fund; for fiscal year 2005-06, appropriates $69,467 from the capital construction fund to the corrections expansion reserve fund and appropriates $28,218 in general fund moneys to the department of corrections; for fiscal year 2006-07, appropriates $69,467 from the capital construction fund to the corrections expansion reserve fund and appropriates $56,436 in general fund moneys to the department of corrections; for fiscal year 2007-08, appropriates $55,574 from the capital construction fund to the corrections expansion reserve fund and appropriates $84,654 in general fund moneys to the department of corrections.
APPROVED by Governor June 4, 2003
EFFECTIVE July 1, 2004
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