Criminal Law And Procedure - Digest of Bills

Digest of Bills - 2007

CRIMINAL LAW AND PROCEDURE

S.B. 07-17 Sex offender management board - appointment of additional members. Adds 3 members to the sex offender management board. Specifies that the members shall consist of one county director of social services and 2 county commissioners, one representing an urban or a suburban county and one representing a rural county. Directs that the members be appointed by the executive director of the department of public safety, after consultation with a statewide group that represents counties. Specifies the length of the terms of the members.

APPROVED by Governor March 16, 2007
EFFECTIVE March 16, 2007

S.B. 07-34 Concealed handgun permits - reciprocity. Clarifies that a person can use a permit issued by another state to carry a concealed handgun or weapon only if the person is a resident of the issuing state or has resided in Colorado for no more than 90 days.

APPROVED by Governor May 17, 2007
EFFECTIVE May 17, 2007

S.B. 07-55 Victim compensation and victim assistance - surcharges - repeal - appropriation. Increases costs levied for the benefit of crime victims on certain criminal actions. Adds surcharges to traffic infractions and offenses to fund the crime victim compensation fund. Rounds surcharges imposed for traffic infractions and offenses to the nearest dollar to facilitate the collection of surcharges.

Transfers one-half of certain surcharges collected for the victims and witnesses assistance and law enforcement fund to the general fund. Repeals this transfer effective July 1, 2008.

For the 2007-08 fiscal year, appropriates $4,186,071 to the judicial department for the implementation of the act, of which $2,901,319 is from the crime victim compensation fund, and $1,284,752 is from the victims and witnesses assistance and law enforcement fund.

APPROVED by Governor May 23, 2007
EFFECTIVE July 1, 2007

S.B. 07-96 Theft - at-risk adult or at-risk juvenile - appropriation. Creates a new classification for theft from an at-risk adult or at-risk juvenile when the theft is committed by a person in a position of trust.

Makes the following appropriations:

● For the fiscal year beginning July 1, 2007, appropriates $375,495 from the capital construction fund to the corrections expansion reserve fund.

● For the fiscal year beginning July 1, 2008, appropriates $325,429 from the capital construction fund to the corrections expansion reserve fund and $82,761 from the general fund to the department of corrections.

● For the fiscal year beginning July 1, 2009, appropriates $150,198 from the capital construction fund to the corrections expansion reserve fund and $154,487 from the general fund to the department of corrections.

● For the fiscal year beginning July 1, 2010, appropriates $750,990 from the capital construction fund to the corrections expansion reserve fund and $187,592 from the general fund to the department of corrections.

● For the fiscal year beginning July 1, 2011, appropriates $750,990 from the capital construction fund to the corrections expansion reserve fund and $353,114 from the general fund to the department of corrections.

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

S.B. 07-114 Substantive criminal law - crime clarifications - no bail for child abuse resulting in death - conforming changes for internet luring - gravity knife - mental health records. Clarifies the authority to prosecute distribution of alcohol as contributing to the delinquency of a minor.

Prohibits a court from granting a defendant bail pending sentencing if the defendant is convicted of child abuse resulting in death. Requires a person convicted of internet luring of a child to register as a sex offender. Prohibits the use of the purported age of a child as a defense for criminal conduct that depends on the defendant being in a position of trust. Clarifies the penalties for second degree kidnapping.

Defines "gravity knife" to include a butterfly knife.

Adds internet luring of a child to the list of offenses that are subject to the crimes against children surcharge. Clarifies the crime of internet luring of a child.

Adds mental health records to the theft of medical records crime.

Repeals the requirement that the director of the joint budget committee staff certify to the revisor of statutes that a certain amount of money is transferred to the drug offender treatment fund.

APPROVED by Governor May 31, 2007
EFFECTIVE July 1, 2007

S.B. 07-115 Wiretap - ex parte order exception. Permits a wiretap without an ex parte order, for a period not to exceed 24 hours, when an emergency situation exists where one or more suspects in a felony crime have barricaded themselves in a building and one or more of the suspects is armed with a deadly weapon or explosive device.

APPROVED by Governor April 2, 2007
EFFECTIVE April 2, 2007

S.B. 07-260 Property offenses - threshold loss amounts - increase - study and recommendations for future inflationary increases. Increases various threshold loss amounts that determine the level of offense for various offenses involving property. Beginning January 15, 2011, and every 5 years thereafter, requires the division of criminal justice in the department of public safety to report, in consultation with the state economist, to the judiciary committees of the general assembly recommendations for changes to the threshold loss amounts based upon inflationary changes during the previous 5 years.

APPROVED by Governor May 31, 2007
EFFECTIVE July 1, 2007

H.B. 07-1004 Sex offender lifetime supervision report - treatment and monitoring program information. Requires additional information to be included in the annual report regarding the "Colorado Sex Offender Lifetime Supervision Act of 1998" related to offenders who are in the department of corrections sex offender treatment and monitoring program.

APPROVED by Governor May 31, 2007
EFFECTIVE May 31, 2007

H.B. 07-1010 Search and arrest warrants - process by electronic transfer - electronic signature. Permits an application for a search warrant or an arrest warrant to be submitted by an electronic transfer that may include an electronic signature. Allows the court to issue a search warrant or an arrest warrant by electronic transfer that may include an electronic signature.

APPROVED by Governor March 1, 2007
EFFECTIVE March 1, 2007

H.B. 07-1040 Illegal immigrant legal process - no-bond warrant upon removal - no dismissal of charges - forfeiture of bond and fees upon removal - appropriation - post-enactment review. Requires a court to issue a no-bond warrant when a defendant is determined to be illegally present in the country and the defendant is either removed from the country or is subject to removal. Directs that a no-bond warrant be issued when a defendant who has posted a bond is released to the immigration and customs enforcement agency. Requires that a defendant arrested on a no-bond warrant be taken into custody and held.

Prohibits a court from dismissing criminal charges, at any stage of criminal proceedings, against a person who is illegally present in the country, except upon the motion of the district attorney.

Requires a law enforcement agency to notify a defendant's bail agent if the agency has probable cause to believe, after investigation, that the defendant is in the country illegally. Directs a person, other than a bail bond agent, to sign a waiver stating the person will forfeit the bond and fees if the defendant is removed from the county. Requires the defendant or a person other than a bail agent to forfeit the bond and fees on a felony or class 1 or 2 misdemeanor if the defendant is removed from the country. If, after bail is posted, it is determined that the defendant was in the country illegally, directs the court to return all of the bail documents to the bail agent, and directs the agent to return the bail fee to the court for forfeiture. Credits the bonds and fees to the capital construction fund for transfer to the corrections expansion reserve fund for use in prison bed construction and operations.

Makes a 5-year statutory appropriation for implementation of the act, as follows: For the 2007-08 fiscal year, appropriates $1,126,485 from the capital construction fund to the corrections expansion reserve fund for prison construction; for the 2008-09 fiscal year, appropriates $700,924 from the capital construction fund to the corrections expansion reserve fund for prison construction and appropriates $248,823 to the department of corrections from the corrections expansion reserve fund for operations; for the 2009-10 fiscal year, appropriates $375,495 from the capital construction fund to the corrections expansion reserve fund for prison construction and appropriates $402,770 to the department of corrections from the corrections expansion reserve fund for operations; for the 2010-11 fiscal year, appropriates $50,066 from the capital construction fund to the corrections expansion reserve fund for prison construction and appropriates $485,531 to the department of corrections for operations; and for the 2011-12 fiscal year, appropriates $496,566 to the department of corrections from the corrections expansion reserve fund for operations.

Requires a 2-year post-enactment review of the act.

APPROVED by Governor June 1, 2007
EFFECTIVE June 1, 2007

H.B. 07-1050 Flag displays on flagstaffs of public buildings or grounds - prohibition - exceptions. Prohibits the display of certain flags on the permanent flagstaffs of public buildings or grounds. Repeals the petty offense involving flag displays that may cause a breach of the peace. Expands the types of flags allowed to be displayed on permanent flagstaffs of public buildings or grounds to include: Prisoner of war and missing in action flags; veteran commemorative flags; United States or state armed forces or military commemorative flags; foreign nation flags on special, ceremonial occasions; and flags for educational, cultural, or historical purposes with the prior permission of the chief administrative officer of the building or grounds.

APPROVED by Governor April 9, 2007
EFFECTIVE August 3, 2007
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 07-1067 Sex offenders - registration requirements. Requires a sex offender whose place of residence is a trailer or motor home to include in his or her registration form the address at which the trailer or motor home is lawfully located. Repeals language that allows a sex offender to register a motor vehicle as a residence. Requires a sex offender to register identifying information concerning any motor vehicle he or she owns or leases. Requires a sex offender whose place of residence is a trailer or motor home to register a new address if the trailer or motor home is moved to a new address. Adds to the offense of failure to register as a sex offender the failure of a sex offender whose place of residence is a trailer or motor home to register an address at which the trailer or motor home will be lawfully located.

APPROVED by Governor March 26, 2007
EFFECTIVE March 26, 2007

H.B. 07-1141 Commodity metals sale -record of seller identification and ownership - regulation exemptions - criminal penalty. Requires a purchaser of commodity metals to verify and record the seller's identification. Specifies what qualifies as sufficient proof of identification. Requires the seller to provide a signed affidavit to the purchaser indicating that the seller is the owner of the metal or is entitled to sell the metal. Requires the purchaser to hold the commodity metal unchanged for 5 days unless there is a digital record of the seller and commodity metal. States that a beer keg suitable for reuse is not exempt from the commodity metal sale regulations. Exempts recycling centers and curbside recycling from the regulations.

Makes a violation of the regulations a class 2 misdemeanor if the value of the commodity metal is less than $500 and a class 1 misdemeanor if the value of the commodity metal is $500 or more.

APPROVED by Governor May 14, 2007
EFFECTIVE July 1, 2007

H.B. 07-1171 Sex offenders - presentence report requirement - exception. Requires each person convicted as a sex offender to receive a presentence report unless a presentence report has been completed on the offender in the last 6 months and there has been no material change that would affect the report. Requires the presentence report to include, when appropriate, the risk assessment screening.

APPROVED by Governor March 26, 2007
EFFECTIVE March 26, 2007

H.B. 07-1172 Sexually violent predators - annual report. Directs the department of corrections and the judicial department to jointly submit to the judiciary committees of the general assembly, the division of criminal justice in the department of public safety, and the governor an annual report concerning sexually violent predators who are in or released from the custody of the department of corrections or who are on probation.

APPROVED by Governor March 26, 2007
EFFECTIVE March 26, 2007

H.B. 07-1173 Reserve peace officer status - volunteer peace officer. States a reserve peace officer may be a fully P.O.S.T.-certified peace officer serving as a volunteer and may be granted full peace officer status and authority at the discretion of the appointing authority. Repeals language that requires a reserve officer's uniform to be distinguishable from a P.O.S.T.-certified officer's uniform.

APPROVED by Governor March 16, 2007
EFFECTIVE August 3, 2007
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 07-1174 Concealed carry permit database - repeal - law enforcement use - audit. Extends the repeal of the statewide concealed handgun permit database to July 1, 2011. Prohibits a law enforcement officer from using the database to establish either reasonable suspicion for a traffic stop or probable cause for a search or seizure.

Requires the state auditor to conduct a performance audit of the concealed handgun permit database and provide an audit report prior to January 1, 2011. Directs the audit to consider:

● The accuracy of the information contained in the database;

● The security of the information contained in the database;

● The benefit of the database for law enforcement; and

● The benefit of the database for public safety.

APPROVED by Governor May 14, 2007
EFFECTIVE May 14, 2007

H.B. 07-1235 Cruelty to animals - impounded and forfeited animals - euthanasia - dangerous dogs - property damage - sexual act with animal - injured animals - euthanasia - domestic violence - violation of court order protecting animals - aggravated animal cruelty offenders - genetic testing. Permits an impounded or forfeited animal that is injured, disabled, or diseased to be euthanized without a court order under certain circumstances. Makes it a petty offense for an owner to own a dangerous dog that damages the property of another person. Authorizes an agent of the bureau of animal protection or a peace officer, under certain circumstances, to euthanize an animal that is injured, disabled, or diseased.

Specifies that a sexual act with an animal constitutes cruelty to animals. Expands "domestic violence" to include crimes against animals when used as a method of coercion in a personal relationship. Includes within the crime of violation of a protective order contact with or harm to an animal protected by the order. Applies the mandatory requirement for genetic testing of convicted offenders to persons convicted of aggravated cruelty to animals.

APPROVED by Governor May 5, 2007
EFFECTIVE July 1, 2007

H.B. 07-1315 Defendant's rights - sex offender management board and domestic violence offender management board membership - sentencing court jurisdiction of boot camp sentences - misdemeanor sentencing. Adds a criminal defense attorney to the sex offender management board and the domestic violence offender management board.

Provides that the sentencing court, in a case where an offender is sentenced to boot camp, shall retain jurisdiction of the case to consider motions for reconsideration when the offender's case is on appeal.

Prohibits a court from requiring a defendant to serve a sentence in county jail for a misdemeanor consecutive to a sentence to the department of corrections. Permits a defendant convicted of a misdemeanor to receive credit for time served prior to sentencing.

APPROVED by Governor April 16, 2007
EFFECTIVE April 16, 2007

H.B. 07-1317 Sex offenders - registration information - web site posting - educational information. Requires a local law enforcement agency that chooses to post sex offender registration information on its web site also to post educational information concerning protection from sex offenders or provide a link to the educational information included on the Colorado bureau of investigation web site. Directs the local law enforcement agency to work with the sex offender management board and sexual assault victims' advocacy groups in preparing the educational information.

APPROVED by Governor April 26, 2007
EFFECTIVE April 26, 2007

H.B. 07-1326 Sex offenders - registration - child sex crime offenders - register email addresses, instant-messaging identities, or chat room identities - reasonable effort to verify - appropriation. Requires a sex offender who has been convicted of a child sex crime, when registering as a sex offender, to provide any email address, instant-messaging identity, or chat room identity prior to using the address or identity. Exempts registering a work email address if the email address is supplied by an employer primarily for work, the address includes the employer by name or other identifier, and the offender is not the owner of the company. Requires a reasonable effort be made to verify the information provided, including requiring the registrant to sign a statement that the information provided is accurate.

Makes a statutory 5-year appropriation for implementation of the act as follows: For the 2007-08 fiscal year, appropriates $500,660 from the capital construction fund to the corrections expansion reserve fund; for the 2008-09 fiscal year, appropriates $150,198 from the capital construction fund to the corrections expansion reserve fund and appropriates $110,348 from the general fund to the department of corrections; for the 2009-10 fiscal year, appropriates $75,099 from the capital construction fund to the corrections expansion reserve fund and appropriates $143,452 from the general fund to the department of corrections; for the 2010-11 fiscal year, appropriates $160,005 from the general fund to the department of corrections; and for the 2011-12 fiscal year, appropriates $160,005 from the general fund to the department of corrections.

APPROVED by Governor May 31, 2007
EFFECTIVE July 1, 2007

H.B. 07-1343 DNA testing - all felons in custody - appropriation. Beginning July 1, 2007, extends DNA testing requirements to all adults convicted of a felony or of a misdemeanor involving unlawful sexual behavior who are in custody, on parole, or on probation. Beginning July 1, 2007, extends DNA testing requirements to all juveniles who are adjudicated for an offense that would constitute a felony or a misdemeanor involving unlawful sexual behavior if committed by an adult and, as a result, are in custody, on parole, or on probation.

For the 2007-08 fiscal year, appropriates $27,560 to the department of public safety for allocation to the Colorado bureau of investigation for implementation of the act; and appropriates $4,960 from the offender identification fund to the department of corrections for implementation of the act.

APPROVED by Governor May 31, 2007
EFFECTIVE July 1, 2007

H.B. 07-1358 Colorado criminal and juvenile justice commission - members - empirical analysis - annual report and recommendations - appropriation. Creates the Colorado criminal and juvenile justice commission ("commission"). States that the commission shall consist of 26 voting members, including 8 ex officio members, 4 legislative members, 2 members appointed by the chief justice, and 12 members appointed by the governor.

States that the mission of the commission is to enhance public safety, ensure justice, and protect the rights of victims through the cost-effective use of public resources. Requires the commission to:

● Conduct an empirical analysis of and collect evidence-based data on sentencing policies and practices;

● Investigate effective alternatives to incarceration, the factors contributing to recidivism, evidence-based recidivism reduction initiatives, and cost-effective crime prevention programs;

● Make an annual report of findings and recommendations, including evidence-based analysis and data;

● Study and evaluate the outcomes of commission recommendations as implemented;

● Conduct studies and make recommendations concerning policies and practices in the criminal justice system;

● Prioritize areas of study based on the potential impact on crime and corrections and the resources available for conducting the work; and

● Work with other state-established boards, task forces, or commissions that study or address criminal justice issues.

Directs the commission to create advisory committees that will study and report findings on issues the commission is considering. Requires the division of criminal justice in the department of public safety to provide staff assistance to the commission. Permits the acceptance of gifts, grants, and donations for the operation of the commission, and creates a cash fund for the receipt of those moneys. Repeals the commission, effective July 1, 2013.

For the 2007-08 fiscal year, appropriates $92,657 and 1.0 FTE from the general fund to the department of public safety for implementation of the act; appropriates $28,080 from the general fund to the department of corrections for implementation of this act; and appropriates $1,920 from the general fund to the legislative department for implementation of the act.

APPROVED by Governor May 23, 2007
EFFECTIVE May 23, 2007

H.B. 07-1363 Competency - defendant's motion to terminate criminal proceeding. Permits a defendant to move to terminate the criminal proceedings and the commitment or treatment order against him or her if there is a substantial probability that the defendant will not be restored to competency in the foreseeable future.

APPROVED by Governor June 1, 2007
EFFECTIVE June 1, 2007

H.B. 07-1375 Sexual assault reports - licensed professionals. In a disciplinary case involving a licensed professional who is accused of a sex offense, requires a victim's advocate in the attorney general's office to advise the victim of the alleged offense of his or her right to pursue criminal and civil action and the applicable statute of limitations and to provide the victim with contact information for the law enforcement agencies and community-based resources in the jurisdiction where the alleged offense occurred.

APPROVED by Governor May 23, 2007
EFFECTIVE May 23, 2007