Criminal Law And Procedure - Digest of Bills

Digest of Bills - 2006

CRIMINAL LAW AND PROCEDURE

S.B. 06-22 Sexually violent predators - definitions - community notification requirement - governmental immunity - mandatory arrest for failure to register - timing of sex offender assessment - appropriation. Requires community notification for all sexually violent predators. Expands the definition of "sexually violent predator" for purposes of community notification to include persons found to be sexually violent predators in other jurisdictions. Allows the sex offender management board, the department of corrections, the judicial department, and the parole board to revise the criteria for community notification when necessary. Changes the immunity provisions in the community notification statutes to provide the same protections as the "Colorado Governmental Immunity Act".

Requires a peace officer to make an arrest if the officer has probable cause to believe that the person has committed failure to register as a sex offender and the person is a sexually violent predator. Directs the arresting jurisdiction and the jurisdiction where the person failed to register to determine the appropriate jurisdiction for filing the failure to register charge. Gives the appropriate jurisdiction 5 days or more from the date of the arrest to charge the sexually violent predator.

Adds attempt, solicitation, and conspiracy to commit to the list of offenses regarding sexually violent predators. Requires a sexually violent predator assessment, if one had not been conducted previously, when considering release or discharge of an offender who commits a specified sex-related crime. Establishes registration as a sex offender by a sexually violent predator as a condition of bond.

Appropriates from the general fund $71,806 and 0.7 FTE to the department of corrections for the implementation of this act. Appropriates $27,000 from the sex offender surcharge cash fund to the judicial department for the implementation of this act. Appropriates from the general fund $29,000 to the department of public safety for allocation to the division of criminal justice for the implementation of this act.

APPROVED by Governor May 30, 2006
EFFECTIVE May 30, 2006

S.B. 06-25 Dangerous dogs - unlawful ownership - prosecution - warning sign - reporting and disclosure - limitations on exemptions - confiscation and destruction of dangerous dog - placement by impound agency. Modifies the definition of "dangerous dog" to allow prosecution for a first incident. Requires a person convicted of owning a dangerous dog to post a conspicuous sign on the building or enclosure in which the dog is kept warning others of the dangerous dog. Specifies that the report concerning changes in a dog's status that a convicted dangerous-dog owner must make to the bureau of animal protection in the department of agriculture be in writing.

Requires a court to order a convicted dangerous-dog owner to disclose in writing to certain providers that a dog is dangerous before the dog receives services or treatment from the providers. Limits the exemption for dogs that inflict injury upon the providers to those dogs whose owners have complied with the written disclosure requirement. Further requires the court to order a convicted dangerous-dog owner to disclose to a prospective owner of a dangerous dog that the dog is dangerous.

Requires, rather than permits, a court to order the confiscation and destruction of a dangerous dog in cases in which the dangerous dog causes serious bodily injury or the same dog of the same owner is involved in a second or subsequent violation of the dangerous-dog statute. Permits the court-ordered confiscation and destruction of a dangerous dog for a second violation involving the same dog of a different owner.

Permits the court to condition the bail bond for the release of a person charged with unlawful ownership of a dangerous dog on the placement of the dangerous dog by an impound agency at a designated location.

APPROVED by Governor May 1, 2006
EFFECTIVE July 1, 2006

S.B. 06-102 Manslaughter - exception for providing palliative care. Provides a medical caregiver who has prescriptive authority or authority to administer medication with an exception to the offense of manslaughter when the caregiver provides consensual palliative care to a terminally ill patient. States the exception does not permit a medical caregiver to assist a patient in committing suicide.

APPROVED by Governor April 4, 2006
EFFECTIVE July 1, 2006

S.B. 06-122 Adolescent substance abuse prevention and treatment fund - minor in possession surcharge - appropriation. Creates the adolescent substance abuse prevention and treatment fund ("fund"). Creates a $25 surcharge for convictions of illegal possession or consumption of ethyl alcohol by an underage person. Allows the general assembly to appropriate moneys in the fund to the division of alcohol and drug abuse in the department of human services for adolescent substance abuse prevention and treatment programs.

Appropriates $55,978 out of the fund to the alcohol and drug abuse division in the department of human services for the implementation of this act.

APPROVED by Governor June 1, 2006
EFFECTIVE July 1, 2006

S.B. 06-150 DNA testing - all felons. Beginning July 1, 2007, expands DNA testing requirements to all adults convicted of a felony or an unlawful sexual offense. Extends DNA testing requirements to all juveniles who are adjudicated for an offense that would constitute a felony or unlawful sexual offense if committed by an adult. Specifies when the testing must be completed. Repeals other statutory DNA testing requirements.

APPROVED by Governor June 6, 2006
EFFECTIVE July 1, 2007

S.B. 06-177 Victim rights - critical stages - right to be informed - right to be present - notification upon perpetrator's release from custody - victim impact statements - witness information protected - victim information provided by court to entities responsible for victim notification. Modifies the guidelines for ensuring the rights of victims of and witnesses to crimes. Specifies that, for purposes of victim rights, there are 2 categories of critical stages in the criminal justice process: Those that the victim has the right to be informed of, and present for; and those that the victim has the right to be informed of, without being present for. Modifies a victim's right to be informed, upon request by the victim, when an accused or convicted person is released from custody. Clarifies that a victim may make both oral and written victim impact statements in a capital case. Creates the right of a victim to be notified of a referral to community corrections. Specifies the circumstances under which a victim may make a victim impact statement concerning a community corrections referral.

Specifies that a victim has the right to prevent a defendant from compelling a witness to a crime to testify concerning the location of the witness. Permits the testimony to occur if the witness consents or if the court makes an in camera finding of a reasonable and articulable need.

Requires a law enforcement agency periodically to notify a victim of the status of a cold case. Modifies the list of items of which a district attorney is required to inform a victim. Requires a probation department to notify a victim in a domestic violence case of any conduct by a defendant that results in an increased level of probation supervision. Requires the department of human services and any state hospital to notify a victim of certain information regarding a person charged with or convicted of a crime against the victim.

Requires the court to ensure that victim information is provided to any entity responsible for victim notification after sentencing, including but not limited to notifying the entity responsible for victim notification of a petition by a sex offender to stop sex offender registration. Establishes guidelines governing victim notification requirements.

APPROVED by Governor April 24, 2006
EFFECTIVE July 1, 2006

S.B. 06-206 Smuggling of humans - appropriation. Makes smuggling of humans a class 3 felony. Creates a separate offense for each person smuggled. Allows the offenses to be tried in any county in which a person who is illegally present in the United States and who is a subject of the action is found.

Makes a 5-year statutory appropriation, as follows: For the fiscal year beginning July 1, 2006, appropriates from the capital construction fund to the corrections expansion reserve fund the sum of $174,388; for the fiscal year beginning July 1, 2007, appropriates from the capital construction fund to the corrections expansion reserve fund the sum of $209,266 and to the department of corrections the sum of $53,626; for the fiscal year beginning July 1, 2008, appropriates from the capital construction fund to the corrections expansion reserve fund the sum of $392,373 and to the department of corrections the sum of $117,977; for the fiscal year beginning July 1, 2009, appropriates from the capital construction fund to the corrections expansion reserve fund the sum of $523,164 and to the department of corrections the sum of $238,636; for the fiscal year beginning July 1, 2010, appropriates from the capital construction fund to the corrections expansion reserve fund the sum of $523,164 and to the department of corrections the sum of $399,514.

APPROVED by Governor May 30, 2006
EFFECTIVE May 30, 2006

S.B. 06-207 Trafficking in adults - appropriation. Makes trafficking in adult humans a class 3 felony unless the adults who have been trafficked are illegally present in the United States, in which case trafficking in adults is a class 2 felony.

Makes the 5-year statutory appropriations as follows: for the fiscal year beginning July 1, 2006, appropriates $174,388 from the capital construction fund to the corrections expansion reserve fund; for the fiscal year beginning July 1, 2007, appropriates $209,266 from the capital construction fund to the corrections expansion reserve fund and $53,626 from the general fund to the department of corrections; for the fiscal year beginning July 1, 2008, appropriates $392,373 from the capital construction fund to the corrections expansion reserve fund and $17,977 from the general fund to the department of corrections; for the fiscal year beginning July 1, 2009, appropriates $523,164 from the capital construction fund to the corrections expansion reserve fund and $238,636 from the general fund to the department of corrections; and for the fiscal year beginning July 1, 2010, appropriates $523,164 from the capital construction fund to the corrections expansion reserve fund and $399,514 from the general fund to the department of corrections.

APPROVED by Governor May 30, 2006
EFFECTIVE May 30, 2006

H.B. 06-1011 Child exploitation - internet luring of a child - internet exploitation of a child - sexually exploitative material felony - internet access provider records. Prohibits a person from using a computer network to communicate a statement describing explicit sexual conduct to a child under 15 years of age, and, in connection with the communication, make a statement persuading or inviting the child to meet the person for any purpose when the person is more than 4 years older than the child. Makes internet luring of a child a class 4 or class 5 felony, depending on the circumstances of the commission of the act.

Prohibits a person from using a computer network to entice a child to expose or touch the child's own or another person's intimate parts or observe the person's intimate parts while communicating with the child via a computer network if the child is under 15 years of age and the person is at least 4 years older than the child. Makes internet sexual exploitation of a child a class 4 felony.

Requires an offender convicted of internet luring of a child or internet sexual exploitation of a child to register as a sex offender, and makes the offender subject to lifetime supervision. Applies the 10-year sex offense statute of limitations to internet luring of a child and internet sexual exploitation of a child.

Makes possession of more than 20 different items of sexually exploitative material pertaining to children a class 4 felony.

Requires an internet access provider to preserve records, upon the request of law enforcement, pending the issuance of a court order. Requires the internet access provider to release the records within 10 days after receiving a court order. Requires an internet access provider to turn over records related to a possible sex offense that involves the immediate danger of death or serious bodily injury without a court order. Directs an internet access provider doing business in Colorado to report incidents of apparent child pornography to the national center for missing and exploited children. Creates a civil penalty for failure to comply with a law enforcement records request.

For fiscal years 2006-07 through 2010-11, appropriates $523,164 to the corrections expansion reserve fund. Makes the following appropriations to the department of corrections: For the 2007-08 fiscal year, appropriates $160,878; for the 2008-09 fiscal year, appropriates $321,756 ; for the 2009-10 fiscal year, appropriates $482,634; and for the 2010-11 fiscal year, appropriates $643,512. For the 2006-07 fiscal year, appropriates $19,682 and 0.4 FTE to the judicial department for probation and related services.

APPROVED by Governor June 7, 2006
PORTIONS EFFECTIVE July 1, 2006
PORTIONS EFFECTIVE October 1, 2006

H.B. 06-1027 Peace officer status - municipal court marshals - public transit officers.Clarifies peace officer status for municipal court marshals and public transit officers. Eliminates the option for a municipal court marshal to receive reserve officer training in lieu of basic peace officer standards and training board certification training.

APPROVED by Governor March 13, 2006
EFFECTIVE July 1, 2007

H.B. 06-1057 Dangerous dogs - dog bite injuries - reporting requirement - penalty. Expands the reporting requirement for doctors who treat injuries involving criminal acts to report, to law enforcement personnel in the municipality or county in which the doctor is located, dog bite injuries inflicted by dangerous dogs. Makes it a class 2 petty offense to violate the reporting requirement.

APPROVED by Governor May 26, 2006
EFFECTIVE July 1, 2006

H.B. 06-1092 Possession of sexually exploitative material - felony - appropriation.Increases the penalty for sexual exploitation of a child by possession of sexually exploitative material from a class 1 misdemeanor to a class 6 felony.

Makes the 5-year statutory appropriation as follows: For fiscal year 2006, appropriates $345,970 from the capital construction fund to the corrections expansion reserve fund; and for fiscal years 2007 through 2010, appropriates $134,065 from the general fund to the department of corrections.

APPROVED by Governor June 7, 2006
EFFECTIVE July 1, 2006

H.B. 06-1102 Criminal procedure - child statements hearsay exception - criminal justice records victims of sexual assault - prohibiting sealing criminal record if money still owed - crime victim compensation fund payor of last resort - age for direct filing and transfer.Makes a statement by a child under 13 years of age describing all or part of a homicide or describing an act of domestic violence an exception to the hearsay rule. Requires that the name of the victim be redacted from an attempted sexual assault criminal justice record. Adds incest, aggravated incest, and attempts to the list of sexual offenses that are subject to having the victim's name redacted in a criminal justice record. Prohibits a court from sealing a criminal record if the defendant still owes restitution, fines, court costs, late fees, or other fees ordered by the court. States that the crime victim compensation fund is the payor of last resort. Clarifies that the age requirements for a direct filing or transfer are calculated based on the juvenile's age at the time of the alleged offense.

APPROVED by Governor April 13, 2006
EFFECTIVE April 13, 2006

H.B. 06-1122 Missing persons - human remains. Requires law enforcement officials to accept missing person reports promptly. Specifies the minimum actions a law enforcement agency shall take upon receiving a missing person report. Requires coroners and medical examiners to take steps, including obtaining DNA samples, to assist in the identification of unidentified human remains. Prohibits cremation of unidentified human remains until such steps are taken.

APPROVED by Governor April 6, 2006
EFFECTIVE April 6, 2006

H.B. 06-1136 Criminal statutes - constitutional challenge - notice to attorney general.Requires a defendant appearing in a criminal proceeding in state court to notify the state attorney general if the defendant alleges a state law or municipal ordinance is unconstitutional. States that failure to comply is not a waiver of the defendant's constitutional rights or right to raise a constitutional challenge.

APPROVED by Governor March 13, 2006
EFFECTIVE March 13, 2006

H.B. 06-1145 State methamphetamine task force - function - recommendations - funding - identification - repeal - methamphetamine precursor drugs - retail sale restrictions - appropriation. Creates the state methamphetamine task force ("task force") to examine specific issues concerning the best practices for the prevention, intervention, and treatment of methamphetamine abuse and the response of the criminal justice system. Requires the task force to obtain input from groups in the state affected by the issues studied by the task force. Requires the task force to report recommendations and legislative proposals to the general assembly. Specifies that only legislative members of the task force shall receive per diem and reimbursement for expenses.

Makes funding of the task force dependent upon contributions, grants, and donations. Requires the task force no later than August 1, 2006, to identify all funding sources that the task force intends to utilize for its operation for the next 2 years. Establishes the methamphetamine abuse prevention, intervention, and treatment cash fund.

Repeals the task force, effective July 1, 2010.

Limits the daily retail sale of methamphetamine precursor drugs ("methamphetamine precursors") to not more than a total of 3.6 grams of one or more methamphetamine precursors per individual. Prohibits a person from purchasing more than 3.6 grams of one or more methamphetamine precursors during any 24-hour period. Prohibits public access to methamphetamine precursors in stores prior to sale.

Expands the child abuse crime of manufacturing a controlled substance in the presence of a child under the age of 16 years to include manufacture in a vehicle. Clarifies that it is not a defense to the crime that the defendant did not know a child was present. Prohibits a parent, guardian, or custodian of a child to knowingly allow the child to be present at a premises or in a vehicle where the parent, guardian, or custodian knows that another person possesses a methamphetamine precursor with the intent to use it to manufacture methamphetamine.

Makes a 5-year statutory appropriation for implementation of the act.

APPROVED by Governor June 6, 2006
EFFECTIVE June 6, 2006

H.B. 06-1151 Child abuse - class 5 felony for certain subsequent convictions - appropriation. Upon a second or subsequent conviction, makes a misdemeanor-level child abuse offense a class 5 felony if the underlying factual basis of the child abuse, which would have constituted a misdemeanor, is found by the trier of fact to include one of the following acts:

● A continued pattern of conduct that results in malnourishment or lack of proper medical care of the child;

● A continued pattern of cruel punishment or unreasonable isolation or confinement of the child;

● Repeated threats by the offender of harm or death to the child or to a significant person in the child's life, which threats are made in the presence of the child;

● A continued pattern of acts of domestic violence committed by the offender; or

● A continued pattern of extreme deprivation of hygienic or sanitary conditions in the child's daily living environment.

Makes a 5-year statutory appropriation for implementation of the act as follows: appropriates $87,194 from the capital construction fund to the corrections expansion reserve fund for fiscal year 2006-07; appropriates $69,755 from the capital construction fund to the corrections expansion reserve fund for fiscal year 2007-08; appropriates $26,813 from the general fund to the department of corrections for fiscal year 2007-08; and appropriates $48,263 from the general fund to the department of corrections for fiscal years 2008-09, 2009-10, and 2010-11.

APPROVED by Governor June 7, 2006
EFFECTIVE July 1, 2006

H.B. 06-1153 Sex offender registration laws - CBI assistance - automobile-residence registration information - residence definition - appropriation. Requires the Colorado bureau of investigation to assist local law enforcement agencies in finding sex offenders who fail to register. Requires a sex offender who lives in an motor vehicle, trailer, or motor home to provide information related to the vehicle when registering as a sex offender. For sex offender registration purposes, includes a temporary shelter or institution in the definition of "residence".

Appropriates from the general fund $58,835 and 1.2 FTE to the department of public safety for allocation to the Colorado bureau of investigation for the implementation of this act.

APPROVED by Governor May 25, 2006
EFFECTIVE July 1,2006

H.B. 06-1179 Peace officer authority - FBI agents - ATF agents. Provides federal bureau of investigation ("FBI") and United States bureau of alcohol, tobacco, firearms, and explosives ("ATF") special agents to act with peace officer authority if the special agent is:

● Responding to a nonfederal crime committed in the presence of the agent;

● Responding to an emergency situation in which the agent has probable cause to believe a nonfederal crime is being committed involving injury or threat of injury to person or property, and immediate action is necessary to prevent escape, serious bodily injury, or destruction of property;

● Rendering assistance at the request of a Colorado peace officer;

● Effecting an arrest or providing assistance as part of a bona fide task force or joint investigation with Colorado peace officers.

Permits an FBI or ATF special agent to effect an arrest without a warrant and carry a firearm. Requires the FBI or ATF agent to immediately surrender to a Colorado peace officer custody of an arrestee arrested pursuant to the provisions of the act.

APPROVED by Governor March 27, 2006
EFFECTIVE March 27, 2006

H.B. 06-1190 Extradition procedures - prior waiver. Requires a court to hold a fugitive in custody for a minimum of 15 days and a maximum of 30 days after the court orders delivery of the fugitive to an agent of the demanding state, during which period an agent of a demanding state can complete transportation arrangements, travel to this state, and take custody of the fugitive.

Requires a written prior waiver of extradition as a condition of release to parole or a community corrections program. For a defendant who is arrested for or convicted of a felony offense, requires a written prior waiver of extradition as a condition of release to bail. For a defendant who has been convicted of a felony offense, requires a written prior waiver of extradition as a condition of release to probation.

In the case of a criminal defendant who is in a foreign country, requires the district attorney of the judicial district in which the offense was allegedly committed, who desires the international extradition of the defendant, to apply to the governor to request that the governor apply to the president of the United States to institute extradition proceedings for the return of the defendant to this country for the purpose of prosecution.

APPROVED by Governor April 5, 2006
EFFECTIVE July 1, 2006

H.B. 06-1323 Theft by deception - mortgage lending process. Imposes a mandatary minimum fine in an amount equal to the amount of pecuniary harm incurred from residential mortgage fraud. Prohibits a court from accepting a plea bargain unless it includes an order of restitution to the victim. Grants the attorney general concurrent jurisdiction with the district attorneys to prosecute mortgage fraud.

Recognizes a cause of action for theft by deception in the mortgage lending process. Exempts a bona fide purchaser of a mortgage contract from such cause of action.

Authorizes any state agency to receive and apply to the United States government for grants to lower the incidence of mortgage fraud in Colorado.

APPROVED by Governor May 30, 2006
EFFECTIVE July 1, 2006

H.B. 06-1326 Identity theft - reorganize financial theft crimes - jurisdiction - appropriation.Repeals the following crimes:

● Unlawful possession of personal identifying information;

● Theft of personal identifying information; and

● Sale or possession for sale of a financial transaction device.

Reorganizes the statutes pertaining to identity theft and related offenses. Creates the following new crimes:

● Identity theft;

● Criminal possession of a financial device; and

● Possession of identity theft tools.

Allows a charge of identity theft to be tried in the county where an act occurred, in any county where an act in furtherance of the offense is committed, or in the county where the victim resides. Adds certain identity crimes to the list of crimes under the "Colorado Organized Crime Control Act".

Makes the following appropriations from the capital construction fund to the corrections expansion reserve fund:

● For each of the 2006-07 and 2007-08 fiscal years, appropriates $610,358; and

● For the 2008-09 fiscal year, appropriates $462,128.

Makes the following appropriations from the general fund to the department of corrections:

● For the 2007-08 fiscal year, appropriates $187,691;

● For the 2008-09 fiscal year, appropriates $375,382; and

● For each of the 2009-10 and 2010-11 fiscal years, appropriates $517,491.

APPROVED by Governor May 30, 2006
EFFECTIVE July 1, 2006

H.B. 06-1364 Locating protected person - class 1 misdemeanor - exception - affirmative defense. Makes it a class 1 misdemeanor for a person to assist a restrained person in discovering the location of a protected person when the person knows or should know that the restrained person is subject to a court order prohibiting contact with the protected person. Establishes exceptions and an affirmative defense.

Adds to the crime of violation of a protection order contracting with another person.

APPROVED by Governor May 25, 2006
EFFECTIVE July 1, 2006

H.B. 06-1380 Flea markets - property sale without proof of ownership prohibited - penalty - interagency task force on organized retail theft - report to general assembly - repeal.Prohibits sellers of property at flea markets and similar facilities from selling certain property items without proof of ownership. Requires sellers to make the proof of ownership available to any peace officer for inspection at any reasonable time. Makes it a class 3 misdemeanor to sell property without proof of ownership.

Creates the interagency task force on organized retail theft to investigate methods of effectively preventing organized retail theft and develop recommendations regarding the enhancement of law enforcement efforts and education concerning organized retail theft. Requires the task force to report its recommendations to the judiciary committees of the general assembly on or before January 31, 2007. Repeals the task force, effective February 1, 2007.

APPROVED by Governor May 26, 2006
EFFECTIVE July 1, 2006

H.B. 06-1382 Right to Rest in Peace Act - criminal conduct at funerals - enhanced penalty - interference with funeral - unlawful funeral picketing - civil damages remedy - joint and several liability. Creates the "Right to Rest in Peace Act". Enhances the criminal penalty from a class 3 misdemeanor to a class 2 misdemeanor for disorderly conduct, obstructing a highway or other passageway, disrupting lawful assembly, and unlawful conduct on public property if the crime is committed at a funeral. Creates the crime of interference with a funeral, punishable as a class 2 misdemeanor with a mandatory fine.

Prohibits funeral picketing and electronically amplified funeral picketing within one hundred feet and one hundred fifty feet, respectively, of a funeral site. Creates a civil damages remedy, including attorney fees and costs, for mourners at funerals at which unlawful funeral picketing or electronically amplified funeral picketing occurs. Requires the court to impose joint and several liability on any person who commits unlawful funeral picketing by acting in concert or conspiring with one or more other persons.

APPROVED by Governor May 26, 2006
EFFECTIVE May 26, 2006