Amendments for HB24-1074
House Journal, January 31
19 HB24-1074 be amended as follows, and as so amended, be referred to
20 the Committee of the Whole with favorable
21 recommendation:
22
23 Amend printed bill, page 2, line 11, after "(1.5)," insert "(1.8)," and strike
24 "and (2)(d)(II)" and substitute "(2)(d)(II), and (2.5)".
25
26 Page 2, line 13, strike "short title." and substitute "short title -
27 definition.".
28
29 Page 2, strike lines 21 through 26 and substitute:
30
31 "(II) KNOWINGLY KILLS OR CAUSES SERIOUS BODILY INJURY THAT
32 RESULTS IN THE DEATH OF A LAW ENFORCEMENT ANIMAL, WHETHER THE
33 LAW ENFORCEMENT ANIMAL IS ON DUTY OR NOT ON DUTY. FOR THE
34 PURPOSES OF THIS SUBSECTION (1.5)(b)(II), "SERIOUS BODILY INJURY"
35 MEANS BODILY INJURY THAT INVOLVES A SUBSTANTIAL RISK OF DEATH; A
36 SUBSTANTIAL RISK OF PERMANENT DISFIGUREMENT; A SUBSTANTIAL RISK
37 OF LOSS OR IMPAIRMENT OF THE FUNCTION OF ANY PART OR ORGAN OF THE
38 BODY; BREAKS; FRACTURES; A PENETRATING WOUND FROM A KNIFE OR A
39 PENETRATING GUNSHOT WOUND; OR BURNS OF THE SECOND OR THIRD
40 DEGREE.".
41
42 Page 3, after line 8 insert:
43
44 "(1.8) (a) A peace officer having authority to act under PURSUANT
45 TO this section may take possession of and impound an animal that the
46 peace officer has probable cause to believe is a victim of a violation of
47 subsection (1) or (1.5) of this section or is a victim of a violation of
48 section 18-9-204 and as a result of the violation is endangered if it
49 remains with the owner or custodian. If, in the opinion of a licensed
50 veterinarian, an animal impounded pursuant to this subsection (1.8) is
51 experiencing extreme pain or suffering, or is severely injured past
52 recovery, severely disabled past recovery, or severely diseased past
53 recovery, the animal may be euthanized without a court order.
54 (b) (I) A LICENSED VETERINARIAN IS IMMUNE FROM CRIMINAL
55 LIABILITY AND IS NOT IN VIOLATION OF THE PROVISIONS OF SECTION
56 (1.5)(b)(II) OF THIS SECTION IF:
1 (A) THE LICENSED VETERINARIAN PROVIDES VETERINARY
2 TREATMENT FOR AN INJURED LAW ENFORCEMENT ANIMAL; OR
3 (B) THE LICENSED VETERINARIAN EUTHANIZES THE LAW
4 ENFORCEMENT ANIMAL AFTER DETERMINING THAT THE LAW
5 ENFORCEMENT ANIMAL, DUE TO A CRITICAL INJURY, IS EXPERIENCING
6 EXTREME PAIN OR SUFFERING, OR IS SEVERELY INJURED PAST RECOVERY,
7 SEVERELY DISABLED PAST RECOVERY, OR SEVERELY DISEASED PAST
8 RECOVERY.
9 (II) A PERSON WHO OWNS OR WHO IS CHARGED WITH THE CARE OF
10 A LAW ENFORCEMENT ANIMAL IS IMMUNE FROM CRIMINAL LIABILITY AND
11 IS NOT IN VIOLATION OF THE PROVISIONS OF SECTION (1.5)(b)(II) OF THIS
12 SECTION IF SUCH PERSON IS ABLE TO REASONABLY DETERMINE THAT THE
13 LAW ENFORCEMENT ANIMAL, DUE TO A CRITICAL INJURY, IS EXPERIENCING
14 EXTREME PAIN OR SUFFERING, OR IS SEVERELY INJURED PAST RECOVERY.".
15
16 Page 4, after line 21 insert:
17
18 "(2.5) (a) It shall be IS an affirmative defense to a charge brought
19 under PURSUANT TO this section involving injury or death to a dog that the
20 dog was found running, worrying, or injuring sheep, cattle, or other
21 livestock.
22 (b) IT IS AN AFFIRMATIVE DEFENSE TO A CHARGE BROUGHT
23 PURSUANT TO THIS SECTION THAT INVOLVES INJURY OR DEATH TO A LAW
24 ENFORCEMENT ANIMAL THAT A PERSON WOULD REASONABLY BELIEVE
25 THAT THE USE OF THE LAW ENFORCEMENT ANIMAL WAS AN APPLICATION
26 OF UNREASONABLE OR EXCESSIVE FORCE IN VIOLATION OF SECTION
27 18-1-707 AND THEREFORE JUSTIFIED AN ACTION OF SELF-DEFENSE BY THE
28 PERSON.
29
30 SECTION 3. In Colorado Revised Statutes, 18-8-802, amend
31 (1)(a) and (1.5)(a) as follows:
32 18-8-802. Duty of a peace officer to report use of force by
33 peace officers or law enforcement animals - duty to intervene.
34 (1) (a) A peace officer who, in pursuance of such officer's law
35 enforcement duties, witnesses another peace officer, INCLUDING A PEACE
36 OFFICER WHO IS THE HANDLER OF A LAW ENFORCEMENT ANIMAL, in
37 pursuance of such other peace officer's law enforcement duties in
38 carrying out an arrest of any person, placing any person under detention,
39 taking any person into custody, booking any person, or in the process of
40 crowd control or riot control, use physical force OR ALLOW THE PEACE
41 OFFICER'S LAW ENFORCEMENT ANIMAL TO USE PHYSICAL FORCE which
42 exceeds the degree of physical force permitted pursuant to section
43 18-1-707 must report such use of force to such officer's OR HANDLER'S
44 immediate supervisor.
45 (1.5) (a) A peace officer, as defined in section 24-31-901 (3), who
46 is on-duty shall intervene to prevent or stop another peace officer,
47 INCLUDING A PEACE OFFICER WHO IS THE HANDLER OF A LAW
48 ENFORCEMENT ANIMAL, from using physical force that exceeds the degree
49 of force permitted, if any, by section 18-1-707 in pursuance of the other
50 peace officer's law enforcement duties in carrying out an arrest of any
51 person, placing any person under detention, taking any person into
52 custody, booking any person, or in the process of crowd control or riot
53 control, without regard for chain of command.".
54
55 Renumber succeeding section accordingly.
56
1 TRANSPORTATION, HOUSING AND LOCAL GOVERNMENT
2 After consideration on the merits, the Committee recommends the
3 following:
4
House Journal, February 9
21 Amendment No. 1, Judiciary Report, dated January 30, 2024, and placed
22 in member's bill file; Report also printed in House Journal, January 31,
23 2024.
24
25 Amendment No. 2, by Majority Leader Duran:
26
27 Amend the Judiciary Committee Report, dated January 30, 2024, page 1,
28 line 12, before "LOSS" insert "PROTRACTED".
29
30 Page 2, strike lines 26 through 32 and substitute:
31
32 "(b) A PERSON IS JUSTIFIED IN USING PHYSICAL FORCE UPON A LAW
33 ENFORCEMENT ANIMAL TO DEFEND THEIR OWN PERSON OR A THIRD PERSON
34 WHEN THE PERSON REASONABLY BELIEVES THAT A LAW ENFORCEMENT
35 ANIMAL IS AN APPLICATION OF UNREASONABLE OR EXCESSIVE FORCE, IN
36 VIOLATION OF SECTION 18-1-707. THIS IS AN AFFIRMATIVE DEFENSE TO A
37 CHARGE BROUGHT PURSUANT TO THIS SECTION THAT INVOLVES INJURY OR
38 DEATH TO A LAW ENFORCEMENT ANIMAL.".
39
40 Amendment No. 3, by Majority Leader Duran:
41
42 Amend the printed bill, page 2, line 6, strike "ANY ANIMAL USED BY" and
43 substitute "A CERTIFIED WORKING DOG OR A POLICE WORKING HORSE.".
44
45 Page 2, strike lines 7 through 9.
46
47 As amended, ordered engrossed and placed on the Calendar for Third
48 Reading and Final Passage.