Digest of Bills - 2009

CRIMINAL LAW AND PROCEDURE

S.B. 09-35 Government official misconduct - penalty for proscribed acts related to contracts and claims. Makes it a class 1 misdemeanor to knowingly violate a provision of the proscribed acts related to contracts and claims for government officials. Permits the court to impose a fine that is no more than twice the amount of the benefit that the government official obtained or attempted to obtain.

APPROVED by Governor April 9, 2009
EFFECTIVE August 5, 2009
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

S.B. 09-36 Music piracy - dealing in unlawfully packaged recorded articles - elements - penalty - confiscation - restitution. Adds the mens rea of knowingly and the element of commercial advantage or financial gain to the crime of dealing in unlawfully packaged recorded articles. Requires the court to impose a fine of at least $1,000 dollars for a conviction of dealing in unlawfully packaged recorded articles if the offense involves more than 100 articles or if the defendant has previously been convicted of the offense.

Requires a law enforcement officer, upon discovery, to confiscate all recorded articles that constitute a theft of sound recordings offense and all equipment and components used to manufacture the recorded articles. Permits the confiscated recorded articles to be destroyed by court order and the confiscated equipment and components to be donated to charity by court order.

Requires restitution to the owner or producer of a master sound recording, or the trade association representing the owner or producer, for an injury suffered as a result of the theft of sound recording crime. Directs how the order of restitution is calculated.

APPROVED by Governor April 22, 2009
EFFECTIVE August 5, 2009
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

S.B. 09-93 Identity theft - inchoate penalty - statute of limitations - criminal possession of an identification document. Beginning July 1, 2009, reduces the penalty for an identity theft inchoate offense. Starts the statute of limitations for identity theft crimes when the crime is discovered.

Beginning in July 1, 2011, criminalizes possession or control of a driver's license, government-issued identification card, social security card, or passport of another person without the permission of the other person, unless permission is authorized by law, and makes the crime a predicate offense for racketeering.

APPROVED by Governor June 1, 2009
PORTIONS EFFECTIVE July 1, 2009
PORTIONS EFFECTIVE July 1, 2011

S.B. 09-97 Institutional peace officers - clean up. Makes clarifying changes to statutes related to institutional peace officers.

APPROVED by Governor April 9, 2009
EFFECTIVE August 5, 2009
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

S.B. 09-231 State methamphetamine task force - reduction of meetings - extension of repeal. Reduces the number of times the state methamphetamine task force must meet in a year from 6 meetings to 4 meetings. Extends the repeal of the state methamphetamine task force to January 1, 2014.

APPROVED by Governor April 20, 2009
EFFECTIVE April 20, 2009

S.B. 09-241 DNA testing - sample collection felony arrestees - file results upon charging - expungement process - DNA working group review and recommendations - cost or surcharge to offender identification fund - defendant's DNA database search rights - appropriation. Beginning September 30, 2010, requires each adult arrested for or charged with a felony to submit to a DNA test. Directs, that in most cases, the arresting agency take a biological sample for testing purposes during the booking process. In all other cases, directs that the sample be taken at the person's first court appearance, if practical.

Directs the Colorado bureau of investigation (CBI) to test the samples collected. Requires the CBI to file and maintain the results of such DNA testing in a database only after receiving confirmation that the person has been charged with a felony. Directs the CBI to furnish the results to a law enforcement agency upon request.

Permits the resulting DNA profile to be expunged from the database if:

The person is not charged with a felony;

The felony charges are dismissed; or

The person is found not guilty of the felony charge.

Requires the court to advise the person of his or her expungement rights at the person's first appearance and requires readvisement by the court or district attorney if an action occurs that triggers the right of expungement. Directs a person who wants his or her record expunged from the database to submit a written request to CBI. Upon receipt of the request, directs CBI to contact the district attorney to verify that the person qualifies for expungement. Requires CBI to send notice to the person indicating whether the record has been expunged.

Requires the DNA working group to convene to discuss and make recommendations regarding the appropriateness and implementation of this act. Requires the DNA working group to provide a report regarding its discussion and recommendations to the general assembly before the next regular session of the general assembly.

Beginning July 1, 2009, creates a $2.50 cost or surcharge on each felony, misdemeanor, and traffic offense, and on other criminal violations. Directs that the cost or surcharge be credited to the offender identification fund.

Beginning July 1, 2009, allows a defendant to request a search of a DNA database if the court determines there is a reasonable probability that a search will produce exculpatory or mitigating evidence.

Appropriates $75,000 to the CBI in the department of public safety from the offender identification fund for the preparation for implementation and implementation of this act.

APPROVED by Governor May 21, 2009
PORTIONS EFFECTIVE July 1, 2009

PORTIONS EFFECTIVE September 30, 2010

S.B. 09-284 Communications - rerouting - authority under exigent circumstances. Allows a supervising representative of a law enforcement agency (representative) to order a communications or internet access provider employee to cut, reroute, or divert telephone lines or cellular or digital signals if the representative has probable cause to believe that a person is holding a hostage or has barricaded himself or herself in a structure or motor vehicle and is armed and a danger to himself, herself, or others. Requires the communications or internet access provider to restore the normal operations of the telephone lines or communications signals as soon as practicable following resolution of the exigent circumstances. Provides civil immunity to communications or internet access providers and their employees or agents for any damages incurred as a result of an act or omission connected with compliance with the act.

APPROVED by Governor June 1, 2009
EFFECTIVE June 1, 2009

S.B. 09-286 Colorado commission on criminal and juvenile justice - sentencing - recommendations. Directs the Colorado commission on criminal and juvenile justice (commission) to study sentences in Colorado. Suggests the commission study the following issues:

A department of corrections facility bed limitation;

Sentences related to driving under restraint;

Sentences related to drug crimes;

Whether parole should be included in the sentence or outside the sentence;

Alternatives to incarceration for nonviolent, first-time offenders;

The consequences and efficacy of mandatory minimum sentences and other provisions that limit judicial discretion in the sentencing process; and

The impact of incarceration on crime rates.

Requires the commission to update the governor, attorney general, chief justice of the supreme court, and the judiciary committees and executive committee of the general assembly regarding the commission's findings, recommendations, and proposed plan for ongoing study of sentencing by November 30, 2009. Requires the commission to report to the executive committee of the general assembly regarding any recommendations to modify any sentencing laws by February 1, 2010.

Makes legislative findings.

APPROVED by Governor June 1, 2009
EFFECTIVE June 1, 2009

H.B. 09-1021 Study of mentally ill persons in the criminal justice system - extension - membership - areas of study - collaboration. Extends to 2015 the legislative oversight committee and task force for the continuing examination of the treatment of persons with mental illness who are involved in the criminal and juvenile justice systems. Adds a representative from the department of labor and employment to the task force, and removes one of the members from the department of human services. Identifies the areas of study for the task force. Directs the task force to collaborate with other task forces, committees, or organizations that are considering the same or similar issues.

APPROVED by Governor March 20, 2009
EFFECTIVE August 5, 2009
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 09-1081 Statute of limitations - vehicular homicide and leaving the scene of accident resulting in death - 5 years. Extends the statute of limitations for vehicular homicide and leaving the scene of an accident resulting in death from 3 years to 5 years. Exempts the act from the five-year statutory appropriation.

APPROVED by Governor May 21, 2009
EFFECTIVE July1, 2009

H.B. 09-1120 Public safety crimes - third degree assault on peace officer, firefighter, EMT - disarming peace officer crime. Makes it a third degree assault when a person, with the intent to infect, injure, harm, harass, annoy, threaten, or alarm a peace officer, a firefighter, or emergency medical technician, causes that peace officer, firefighter, or emergency medical technician to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or any toxic, caustic, or hazardous material. Requires a court to impose a sentence greater than the maximum, but not more than twice the maximum.

Clarifies that a person commits the crime of disarming a peace officer if he or she knowingly, without justification and without consent, removes the self-defense electronic control device, direct-contact stun device, or other similar device of a peace officer who is acting under his or her official authority.

APPROVED by Governor May 21, 2009
EFFECTIVE July 1, 2009

H.B. 09-1121 DNA evidence - preservation - disposal - form and sufficiency of the notice. Repeals and reenacts the DNA evidence preservation provisions. Makes the following changes to the DNA evidence preservation provisions:

Limits the preservation of DNA evidence collected during a criminal investigation to felonies or sex crimes;

Allows for disposal of evidence upon the defendant's or victim's request; and

Describes the form of the notice required and the sufficiency of such notice.

APPROVED by Governor March 18, 2009
EFFECTIVE March 18, 2009

H.B. 09-1123 Human trafficking - age requirements - penalty trafficking in children - elements of coercion of involuntary servitude. Defines an adult for purposes of trafficking in adults as a person 18 years of age or older. Defines a child for purposes of trafficking in children as a person under 18 years of age. Increases the penalty for trafficking in children from a class 3 felony to a class 2 felony.

Adds the following elements as means to commit coercion of involuntary servitude:

Threats of serious harm or physical restraint against a person or another person;

Using a scheme, plan, or pattern intended to cause a person to believe that, if the person does not perform the labor or services requested of him or her, that the person or another person will suffer serious harm or physical restraint; or

Using abuse or threatened abuse of law or the legal process against a person or another person.

APPROVED by Governor May 21, 2009
EFFECTIVE May 21, 2009

H.B. 09-1132 Communication networks used to commit crimes - telephone networks - data networks - text messaging - instant messaging. Adds telephone networks, data networks, text messages, and instant messages as means to commit computer dissemination of indecent material to a child, internet luring of a child, internet sexual exploitation of a child, and harassment.

Exempts the bill from the requirement of including a 5-year statutory appropriation.

APPROVED by Governor June 1, 2009
EFFECTIVE July 1, 2009

H.B. 09-1157 Schedule I controlled substance - BZP. Makes any material, compound, or mixture containing N-benzylpiperazine (BZP) a schedule I controlled substance.

Excepts the act from the requirement of including a 5-year statutory appropriation.

APPROVED by Governor June 1, 2009
EFFECTIVE July 1, 2009

H.B. 09-1163 Child victim crimes - clarification of internet sexual exploitation of a child - child abuse aggravating circumstance out-of-state convictions - possession of movie child pornography. Clarifies the provisions of internet sexual exploitation of a child. Clarifies that a previous out-of-state conviction applies to the aggravating sentencing provisions for child abuse. Clarifies the various acts of extraordinary aggravating conduct in child abuse. Makes possession of one motion picture, video tape, or video containing child pornography a class 4 felony.

APPROVED by Governor June 1, 2009
EFFECTIVE July 1, 2009

H.B. 09-1180 Firearms and weapons - permits to carry concealed handguns - exception to federal background check requirement. Amends the application procedure for concealed handgun permits (permits) to satisfy federal criminal background check requirements. Allows a person to satisfy federal and state background check requirements for the transfer of a firearm by presenting a valid permit and a valid, government-issued identification card.

Requires the Colorado bureau of investigation (bureau) to establish and maintain a template establishing a uniform appearance for permits (template). Requires the bureau to make the template available to each sheriff in the state. Requires the bureau, in establishing the template, to ensure that each permit is resistant to tampering and forgery and displays certain information.

Requires each sheriff of the state to ensure that each permit that he or she issues or renews after January 1, 2010, conforms to the template. Requires a sheriff who revokes a permit to confiscate the permit from the permit holder.

Clarifies that if a permit holder fails to file for renewal of his or her permit on or before the permit expiration date, his or her permit shall be invalid from the permit expiration date until such time as the permit is renewed by the sheriff who issued the permit.

VETOED by Governor May 15, 2009

H.B. 09-1181 Community corrections hearing - victim impact statement. Authorizes a victim to give an oral victim impact statement, subject to parameters set by the community corrections board, at a community corrections hearing considering a transitional referral for an offender.

APPROVED by Governor April 2, 2009
EFFECTIVE August 5, 2009
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 09-1227 Equity skimming - post-foreclosure rent. Expands the definition of the criminal offense of equity skimming to include the act of continuing to collect rent from a tenant after foreclosure and sale of the property to another person.

APPROVED by Governor April 21, 2009
EFFECTIVE September 1, 2009
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 09-1262 Criminal charges - issue summons or arrest warrant. Permits a court to issue a summons instead of an arrest warrant, without the consent of the district attorney, for class 4, 5, and 6 felonies, unless a law enforcement officer presents, in writing, a basis for believing that the defendant is a flight or public safety risk.

APPROVED by Governor April 3, 2009
EFFECTIVE August 5, 2009
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 09-1266 Penalties - loss of driving privileges - appropriation. Eliminates the loss of driving privileges as a penalty upon a conviction of one of the following criminal offenses:

Criminal mischief involving defacing property or damage to a motor vehicle;

Forgery of a penalty assessment notice issued to a minor;

Unlawful use of a controlled substance, marihuana, or marihuana concentrate; or

Unlawful use, distribution, manufacturing, dispensing, sale, or possession of a controlled substance, marihuana, or marihuana concentrate.

Revokes driving privileges for a first-time conviction of a minor in possession of alcohol only if the minor fails to complete an alcohol evaluation, assessment, or program ordered by the court in connection with such a conviction.

In the 2009 long bill, reduces the appropriation from the driver's license administrative revocation account to the department of revenue by $17,425.

APPROVED by Governor June 1, 2009
EFFECTIVE August 5, 2009
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 09-1334 Theft crimes - permissible aggregation of multiple offenses. For certain theft crimes, clarifies that 2 or more offenses may be aggregated and charged as a single offense. Removes the requirement that the 2 or more offenses occur before jeopardy attaches to one of the offenses.

APPROVED by Governor May 11, 2009
EFFECTIVE May 11, 2009

H.B. 09-1351 Inmate release - increased earned time for certain offenders - earned release time - appropriation. Increases the amount of earned time from 10 days to 12 days that certain inmates may earn on a monthly basis. Permits certain inmates to receive earned release time. Applies the earned time increase and earned release time to the following offenders:

An inmate who is serving a sentence for a class 4, 5, or 6 felony;

An inmate who is program-compliant; and

An inmate who was not or has not been convicted of a child prostitution crime, possession of a dangerous weapon or explosive or incendiary device, or a crime subject to the victim's rights protections.

Appropriates $867,959 to the department of corrections for the implementation of the act. Reduces the 2009 long bill general fund appropriation to the department of corrections by $2,997, 975.

APPROVED by Governor June 1, 2009
EFFECTIVE June 1, 2009

 

Session Laws of Colorado Digest of Bills General Assembly State of Colorado


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