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Senate Bill 03-012 |
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| The Amendment to the Bill | ||
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Sixty-fourth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 03-0186.01 Michael Dohr SENATE BILL 03-012 SENATE SPONSORSHIP Cairns, Appropriations CONCERNING CREATION OF THE FELONY FIREARM USE CRIME, AND MAKING AN APPROPRIATION THEREFOR. Bill Summary Creates a specific felony penalty for carrying, brandishing, or discharging a firearm or causing injury or death with a firearm during the commission of a felony. The penalties are as follows: ! Carrying a firearm, if the person committing the crime is a previous felon, receives a mandatory 5-year sentence to the department of corrections; ! Brandishing a firearm receives a mandatory 10-year sentence to the department of corrections; ! Discharging a firearm receives a mandatory 15-year sentence to the department of corrections; ! Causing injury with a firearm receives a mandatory 20-year sentence to the department of corrections; and ! Causing death with a firearm receives a mandatory life sentence to the department of corrections, unless sentenced to death for the underlying felony. Requires the sentence for the felony firearm use crime to be served consecutively with the underlying felony. States the sentence is not subject to good time or earned time provisions. Makes a 5-year statutory appropriation. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Article 12 of title 18, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 18-12-112. Firearm felony use. (1) A PERSON COMMITS FELONY FIREARM USE IF, DURING THE COMMISSION OF A FELONY, HE OR SHE: (a) HAS A PREVIOUS FELONY CONVICTION AND HAS A FIREARM ON HIS OR HER PERSON; OR (b) BRANDISHES A FIREARM; OR (c) DISCHARGES A FIREARM; OR (d) DISCHARGES A FIREARM AND AS A DIRECT RESULT OF THE DISCHARGE CAUSES INJURY TO ANOTHER PERSON; OR (e) DISCHARGES A FIREARM AND AS A DIRECT RESULT OF THE DISCHARGE CAUSES THE DEATH OF ANOTHER PERSON. (2) FELONY FIREARM USE IS AN UNCLASSIFIED FELONY AND: (a) IF COMMITTED AS DESCRIBED IN PARAGRAPH (a) OF SUBSECTION (1) OF THIS SECTION, SHALL BE PUNISHED BY A SENTENCE TO THE DEPARTMENT OF CORRECTIONS FOR A TERM OF INCARCERATION OF FIVE YEARS; (b) IF COMMITTED AS DESCRIBED IN PARAGRAPH (b) OF SUBSECTION (1) OF THIS SECTION, SHALL BE PUNISHED BY A SENTENCE TO THE DEPARTMENT OF CORRECTIONS FOR A TERM OF INCARCERATION OF TEN YEARS; (c) IF COMMITTED AS DESCRIBED IN PARAGRAPH (c) OF SUBSECTION (1) OF THIS SECTION, SHALL BE PUNISHED BY A SENTENCE TO THE DEPARTMENT OF CORRECTIONS FOR A TERM OF INCARCERATION OF FIFTEEN YEARS; (d) IF COMMITTED AS DESCRIBED IN PARAGRAPH (d) OF SUBSECTION (1) OF THIS SECTION, SHALL BE PUNISHED BY A SENTENCE TO THE DEPARTMENT OF CORRECTIONS FOR A TERM OF INCARCERATION OF TWENTY YEARS; (e) IF COMMITTED AS DESCRIBED IN PARAGRAPH (e) OF SUBSECTION (1) OF THIS SECTION, SHALL BE PUNISHED BY A SENTENCE TO THE DEPARTMENT OF CORRECTIONS FOR A TERM OF INCARCERATION FOR LIFE WITHOUT THE POSSIBILITY OF PAROLE, UNLESS THE DEFENDANT IS SENTENCED TO DEATH FOR THE UNDERLYING FELONY PURSUANT TO SECTION 18-1.3-1201. (3) CONVICTION OF FELONY FIREARM USE SHALL REQUIRE THE COURT TO SENTENCE THE DEFENDANT TO INCARCERATION, WITHOUT SUSPENSION, PURSUANT TO THE PROVISIONS OF SUBSECTION (2) OF THIS SECTION, AND THE SENTENCE SHALL NOT BE SUBJECT TO THE PROVISIONS OF SECTIONS 17-22.5-301 AND 17-22.5-302, C.R.S. A SENTENCE IMPOSED PURSUANT TO THIS SECTION SHALL BE IN ADDITION TO THE SENTENCE IMPOSED FOR THE UNDERLYING FELONY CONVICTION AND SHALL BE SERVED CONSECUTIVELY WITH THE UNDERLYING FELONY SENTENCE. (4) FOR THE PURPOSES OF THIS SECTION, THE TERM "BRANDISH" MEANS, WITH RESPECT TO A FIREARM, TO DISPLAY ALL OR PART OF THE FIREARM, OR OTHERWISE MAKE THE PRESENCE OF THE FIREARM KNOWN TO ANOTHER PERSON, TO INTIMIDATE THAT PERSON, REGARDLESS OF WHETHER THE FIREARM IS DIRECTLY VISIBLE TO THAT PERSON. SECTION 2. Part 1 of article 1 of title 17, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 17-1-146. Appropriation to comply with section 2-2-703 - SB 03-____. (1) PURSUANT TO SECTION 2-2-703, C.R.S., THE FOLLOWING STATUTORY APPROPRIATIONS, OR SO MUCH THEREOF AS MAY BE NECESSARY, ARE MADE IN ORDER TO IMPLEMENT S.B. 03-___, ENACTED AT THE FIRST REGULAR SESSION OF THE SIXTY-FOURTH GENERAL ASSEMBLY: (a) FOR THE FISCAL YEAR BEGINNING JULY 1, 2003, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED FROM THE CAPITAL CONSTRUCTION FUND CREATED IN SECTION 24-75-302, C.R.S., TO THE CORRECTIONS EXPANSION RESERVE FUND CREATED IN SECTION 17-1-116, THE SUM OF _______ DOLLARS ($ ). (b) (I) FOR THE FISCAL YEAR BEGINNING JULY 1, 2004, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED, FROM THE CAPITAL CONSTRUCTION FUND CREATED IN SECTION 24-75-302, C.R.S., TO THE CORRECTIONS EXPANSION RESERVE FUND CREATED IN SECTION 17-1-116, THE SUM OF ______ DOLLARS ($ ). (II) FOR THE FISCAL YEAR BEGINNING JULY 1, 2004, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED TO THE DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, THE SUM OF _____ DOLLARS ($ ). (c) (I) FOR THE FISCAL YEAR BEGINNING JULY 1, 2005, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED, FROM THE CAPITAL CONSTRUCTION FUND CREATED IN SECTION 24-75-302, C.R.S., TO THE CORRECTIONS EXPANSION RESERVE FUND CREATED IN SECTION 17-1-116, THE SUM OF ________ DOLLARS ($ ). (II) FOR THE FISCAL YEAR BEGINNING JULY 1, 2005, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED TO THE DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, THE SUM OF _____ DOLLARS ($ ). (d) (I) FOR THE FISCAL YEAR BEGINNING JULY 1, 2006, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED, FROM THE CAPITAL CONSTRUCTION FUND CREATED IN SECTION 24-75-302, C.R.S., TO THE CORRECTIONS EXPANSION RESERVE FUND CREATED IN SECTION 17-1-116, THE SUM OF ______ DOLLARS ($ ). (II) FOR THE FISCAL YEAR BEGINNING JULY 1, 2006, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED TO THE DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, THE SUM OF _____ DOLLARS ($ ). (e) (I) FOR THE FISCAL YEAR BEGINNING JULY 1, 2007, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED, FROM THE CAPITAL CONSTRUCTION FUND CREATED IN SECTION 24-75-302, C.R.S., TO THE CORRECTIONS EXPANSION RESERVE FUND CREATED IN SECTION 17-1-116, THE SUM OF ______ DOLLARS ($ ). (II) FOR THE FISCAL YEAR BEGINNING JULY 1, 2007, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED TO THE DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, THE SUM OF _____ DOLLARS ($ ). SECTION 3. The introductory portion to 24-75-302 (2) and 24-75-302 (2) (p), (2) (q), (2) (r), and (2) (s), Colorado Revised Statutes, are amended, and the said 24-75-302 (2) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read: 24-75-302. Capital construction fund - capital assessment fees - calculation. (2) As of July 1, 1988, and July 1 of each year thereafter through July 1, capital construction fund as moneys become available in the general fund during the fiscal year beginning on said July 1. Transfers between funds pursuant to this subsection (2) shall not be deemed to be appropriations subject to the limitations of section 24-75-201.1. The amount which shall accrue pursuant to this subsection (2) shall be as follows: (p) On July 1, 2003, one hundred million dollars, plus twenty-six thousand six hundred twenty-nine dollars pursuant to H.B. 01-1204, enacted at the first regular session of the sixty-third general assembly; plus one hundred thirty-eight thousand nine hundred thirty-four dollars pursuant to H.B. 01-1242, enacted at the first regular session of the sixty-third general assembly; plus four hundred eighty-six thousand two hundred sixty-nine dollars pursuant to S.B. 02-050, enacted at the second regular session of the sixty-third general assembly; plus five hundred six thousand five hundred thirty dollars pursuant to H.B. 02-1038, enacted at the second regular session of the sixty-third general assembly; PLUS _____ DOLLARS PURSUANT TO S.B. 03-____, ENACTED AT THE FIRST REGULAR SESSION OF THE SIXTY-FOURTH GENERAL ASSEMBLY; (q) On July 1, 2004, one hundred million dollars, plus two hundred thirty-three thousand eight hundred seventy-two dollars pursuant to H.B. 00-1201, enacted at the second regular session of the sixty-second general assembly; plus seventy-nine thousand eight hundred eighty-seven dollars pursuant to H.B. 01-1242, enacted at the first regular session of the sixty-third general assembly; plus four hundred eighty-six thousand two hundred sixty-nine dollars pursuant to S.B. 02-050, enacted at the second regular session of the sixty-third general assembly; plus nine hundred seventy-two thousand five hundred thirty-eight dollars pursuant to H.B. 02-1038, enacted at the second regular session of the sixty-third general assembly; plus four thousand twelve dollars pursuant to section 3 of H.B. 02S-1006 enacted at the third extraordinary session of the sixty-third general assembly; PLUS _____ DOLLARS PURSUANT TO S.B. 03-____, ENACTED AT THE FIRST REGULAR SESSION OF THE SIXTY-FOURTH GENERAL ASSEMBLY; (r) On July 1, 2005, one hundred million dollars, plus four hundred forty-nine thousand seven hundred ninety-nine dollars pursuant to S.B. 02-050, enacted at the second regular session of the sixty-third general assembly; PLUS _____ DOLLARS PURSUANT TO S.B. 03-____, ENACTED AT THE FIRST REGULAR SESSION OF THE SIXTY-FOURTH GENERAL ASSEMBLY; (s) On July 1, 2006, twenty-two thousand nine hundred twenty-four dollars pursuant to section 3 of H.B. 02S-1006, enacted at the third extraordinary session of the sixty-third general assembly; PLUS _____ DOLLARS PURSUANT TO S.B. 03-____, ENACTED AT THE FIRST REGULAR SESSION OF THE SIXTY-FOURTH GENERAL ASSEMBLY; (t) ON JULY 1, 2007, __________ DOLLARS PURSUANT TO S.B. 03-____, ENACTED AT THE FIRST REGULAR SESSION OF THE SIXTY-FOURTH GENERAL ASSEMBLY. SECTION 4. Effective date - applicability. This act shall take effect July 1, 2003, and shall apply to offenses committed on or after said date. SECTION 5. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety. Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. |
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