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Second Regular Session
Sixty-first General Assembly
LLS NO. 980446.01 JBB
SENATE BILL 98096
STATE OF COLORADO
BY SENATOR Congrove;
also REPRESENTATIVE Arrington.
A BILL FOR AN ACT
CONCERNING CERTAIN EXISTING CRIMINAL OFFENSES.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Section 1. Clarifies that the mere lawful possession of a weapon may not be used as an aggravating factor to enhance the penalty for menacing by the use of a deadly weapon.
Section 2. Changes the penalties for contributing to the delinquency of a minor to:
$ A class 6 felony if the violation by the minor is a felony;
$ The same level of offense or penalty as the violation if the violation by the minor is a misdemeanor; and
$ A class 1 petty offense if the violation by the minor is a petty offense.
Section 3. For the crime of pimping, requires the defendant to be "substantially" supported or maintained with money earned through prostitution.
Section 4. Repeals the duty to report crimes.
Sections 5 and 6. Changes the penalty for introducing alcohol, a controlled substance, or marihuana into a detention facility, or for making such substances in the facility, from a class 4 felony to a class 6 felony.
Section 7. For the crime of attempting to influence a public servant, requires the threat of economic reprisal to be "unlawful" economic reprisal.
Section 8. For crimes related to the public peace and order, changes the number of persons required to constitute a "riot" from 3 to 12.
Section 9. For the crime of endangering public transportation, requires that the defendant intended to commit a felony.
Section 10. Repeals the crime of bringing alcoholic beverages, bottles, or cans into the major league baseball stadium.
Section 11. Prohibits local governments from enacting measures that restrict the affirmative defenses to the crime of unlawful possession of a weapon.
Section 12. Reduces the crime of criminal libel from a class 6 felony to a class 1 misdemeanor. Provides that in all cases truth is an affirmative defense to a charge of criminal libel.
Section 13. Provides
an effective date.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 183206, Colorado Revised Statutes, is amended to read:
183206. Menacing. A
person commits the crime of menacing if, by any threat or physical
THE PERSON knowingly places or attempts to place another person
in fear of imminent serious bodily injury. Menacing is a class
3 misdemeanor, but, if committed by the use of a deadly weapon,
it is a class 5 felony. AS USED IN THIS SECTION, "USE OF
A DEADLY WEAPON" DOES NOT INCLUDE THE MERE LAWFUL POSSESSION
OF A WEAPON UNLESS THE WEAPON IS USED TO PLACE OR ATTEMPT TO PLACE
ANOTHER PERSON IN FEAR OF IMMINENT SERIOUS BODILY INJURY.
SECTION 2. 186701 (2), Colorado Revised Statutes, is amended to read:
186701. Contributing to
the delinquency of a minor. (2) (a) IF
THE VIOLATION OF THE LAW, ORDINANCE, OR ORDER CONSTITUTES A FELONY,
contributing to the delinquency of a minor is a
4 CLASS 6 felony;
(b) IF THE VIOLATION OF THE LAW, ORDINANCE, OR ORDER CONSTITUTES A MISDEMEANOR, CONTRIBUTING TO THE DELINQUENCY OF A MINOR IS A MISDEMEANOR OF THE SAME CLASS AS THE VIOLATION OR, IF THE MISDEMEANOR IS NOT CLASSIFIED, CARRIES THE SAME PENALTY AS THE VIOLATION; AND
(c) IF THE VIOLATION OF THE LAW, ORDINANCE, OR ORDER CONSTITUTES A PETTY OFFENSE, CONTRIBUTING TO THE DELINQUENCY OF A MINOR IS A CLASS 1 PETTY OFFENSE.
SECTION 3. 187206, Colorado Revised Statutes, is amended to read:
187206. Pimping. Any
person who knowingly lives on or is SUBSTANTIALLY supported or
in whole or in part
by money or other thing of value earned, received, procured, or
realized by any other person through prostitution commits pimping,
which is a class 3 felony.
SECTION 4. Repeal. 188115, Colorado Revised Statutes, is repealed as follows:
188115. Duty to report
a crime liability for disclosure.
It is the duty of every corporation
or person who has reasonable grounds to believe that a crime has
been committed to report promptly the suspected crime to law enforcement
authorities. Notwithstanding any other provision of the law to
the contrary, a corporation or person may disclose information
concerning a suspected crime to other persons or corporations
for the purpose of giving notice of the possibility that other
such criminal conduct may be attempted which may affect the persons
or corporations notified. When acting in good faith, such corporation
or person shall be immune from any civil liability for such reporting
or disclosure. This duty shall exist notwithstanding any other
provision of the law to the contrary; except that this section
shall not require disclosure of any communication privileged by
SECTION 5. 188203 (1), Colorado Revised Statutes, is amended to read:
188203. Introducing contraband
in the first degree. (1) A
person commits introducing contraband in the first degree if
THE PERSON knowingly and unlawfully:
(a) Introduces or attempts to introduce
a dangerous instrument, as defined in subsection (4) of this section,
malt, vinous, or spirituous liquor,
as defined in section 1247103, C.R.S., fermented malt
beverage, as defined in section 1246103, C.R.S., controlled
substance, as defined in section 1222303 (7), C.R.S.,
or marihuana or marihuana concentrate, as defined in section 1222303
(17) and (18), C.R.S., into a detention
(b) Being a person confined in a detention
facility, makes any dangerous instrument.
substance, marihuana or marihuana concentrate, or alcohol.
SECTION 6. 188204 (2), Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW PARAGRAPHS to read:
188204. Introducing contraband in the second degree. (2) "Contraband" as used in this section means any of the following, but does not include any article or thing referred to in section 188203:
(g.2) MALT, VINOUS, OR SPIRITUOUS LIQUOR, AS DEFINED IN SECTION 1247103, C.R.S.;
(g.4) FERMENTED MALT BEVERAGE, AS DEFINED IN SECTION 1246103, C.R.S.;
(g.5) CONTROLLED SUBSTANCE, AS DEFINED IN SECTION 1222303 (7), C.R.S.;
(g.8) MARIHUANA OR MARIHUANA CONCENTRATE, AS DEFINED IN SECTION 1222303 (17) AND (18), C.R.S.;
SECTION 7. 188306, Colorado Revised Statutes, is amended to read:
188306. Attempt to influence
a public servant. Any person who attempts
to influence any public servant by means of deceit or by threat
of violence or UNLAWFUL economic reprisal against any person or
property, with the intent thereby to alter or affect the public
servant's decision, vote, opinion, or action concerning any matter
THAT is to be considered or performed by him
THE PUBLIC SERVANT or the agency or body of which he OR SHE is
a member, commits a class 4 felony.
SECTION 8. 189101 (2), Colorado Revised Statutes, is amended to read:
189101. Definitions. As used in this part 1, unless the context otherwise requires:
(2) "Riot" means a public disturbance
involving an assemblage of
TWELVE or more persons which
THAT by tumultuous and violent conduct creates grave danger of
damage or injury to property or persons or substantially obstructs
the performance of any governmental function.
SECTION 9. 189115 (1) (b), Colorado Revised Statutes, is amended to read:
189115. Endangering public transportation. (1) A person commits endangering public transportation if such person:
(b) Stops or boards a public conveyance
with the intent of committing a
FELONY thereon; or
SECTION 10. Repeal. 189123, Colorado Revised Statutes, is repealed as follows:
189123. Bringing alcohol
beverages, bottles, or cans into the major league baseball stadium.
(1) (a) It shall
be unlawful for any person to carry or bring into the Denver metropolitan
major league baseball stadium district stadium, as defined in
section 3214103 (5) and (10), C.R.S., and referred
to in this section as the "stadium", the following:
(I) Any alcohol beverage or alcohol
liquor as defined in section 1247103 (2), C.R.S.;
(II) Any bottle or can except
as provided in subsection (2) of this section.
(b) As used in this section:
(I) "Bottle" means a
container that is made of nonporous material including but not
limited to glass or ceramic, typically with a comparatively narrow
neck or mouth, but excluding:
(A) Containers made of cardboard,
paper, or plastic; or
(B) Thermos bottles.
(II) "Can" means a container
of cylindrical shape that is made of metal or metallic alloys.
(2) Nothing in this section shall
be construed to prohibit a person from bringing or carrying into
the stadium a beverage, bottle, or can required in connection
with the person's practice of religion, the person's medical or
physical condition, or food or formula for the person's infant.
(3) Any person who violates subsection
(1) of this section commits a class 1 petty offense.
(4) Nothing in this section shall
be construed to prohibit a home rule municipality from enacting
an ordinance that is at least as restrictive as or more restrictive
than this section that prohibits a person from bringing any alcoholic
beverage or alcoholic liquor, any bottle, or any can into the
SECTION 11. 1812105, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
1812105. Unlawfully carrying a concealed weapon unlawful possession of weapons limitation on local restrictions legislative declaration. (3) (a) THE GENERAL ASSEMBLY FINDS THAT THE AFFIRMATIVE DEFENSES ESTABLISHED IN SUBSECTION (2) OF THIS SECTION ARE A MATTER OF STATEWIDE CONCERN.
(b) NO COUNTY, CITY AND COUNTY, OR MUNICIPALITY SHALL ENACT A RESOLUTION OR ORDINANCE THAT LIMITS OR RESTRICTS AN AFFIRMATIVE DEFENSE ESTABLISHED IN SUBSECTION (2) OF THIS SECTION.
SECTION 12. 1813105 (2) and (3), Colorado Revised Statutes, are amended to read:
1813105. Criminal libel.
(2) It shall be an affirmative defense that the publication
except libels tending to
blacken the memory of the dead and libels tending to expose the
natural defects of the living.
(3) Criminal libel is a class
felony 1 MISDEMEANOR.
SECTION 13. Effective date applicability. (1) This act shall take effect September 1, 1998; except that, if a referendum petition is filed against this act or an item, section, or part of this act within the ninetyday period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution, then the act, item, section, or part, if approved by the people, shall take effect February 1, 1999.
(2) The provisions of this act shall apply to offenses committed on or after the applicable effective date of this act.