Amendments for SB24-035
Senate Journal, February 22
After consideration on the merits, the Committee recommends that SB24-035 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 2, strike lines 2 through 24.
Page 3, strike lines 1 through 3 and substitute:
"SECTION 1. In Colorado Revised Statutes, 18-3-503, add (3) as
follows:
18-3-503. Human trafficking for involuntary servitude - human
trafficking of a minor for involuntary servitude. (3) IF A DEFENDANT IS
CONVICTED PURSUANT TO SUBSECTION (1) OF THIS SECTION, THE COURT SHALL
SENTENCE THE DEFENDANT IN ACCORDANCE WITH THE PROVISIONS OF SECTION
18-1.3-406.
SECTION 2. In Colorado Revised Statutes, 18-3-504, amend (1)(b)
and (2)(b) as follows:
18-3-504. Human trafficking for sexual servitude - human
trafficking of a minor for sexual servitude. (1) (b) Human trafficking for
sexual servitude is a class 3 felony. IF A DEFENDANT IS CONVICTED PURSUANT
TO SUBSECTION (1)(a) OF THIS SECTION, THE COURT SHALL SENTENCE THE
DEFENDANT IN ACCORDANCE WITH THE PROVISIONS OF SECTION 18-1.3-406.
(2) (b) Human trafficking of a minor for sexual servitude is a class 2
felony. The court shall sentence a person convicted of such a class 2 felony to
the department of corrections for a term of at least the minimum of the
presumptive range for a class 2 felony, as set forth in section 18-1.3-401. IF A
DEFENDANT IS CONVICTED PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION,
THE COURT SHALL SENTENCE THE DEFENDANT IN ACCORDANCE WITH THE
PROVISIONS OF SECTION 18-1.3-406.".
Senate Journal, February 27
SB24-035 by Senator(s) Pelton B. and Fields; also Representative(s) Winter T.--Concerning
strengthening the enforcement of human trafficking for servitude.
Amendment No. 1, Judiciary Committee Amendment.
(Printed in Senate Journal, February 22, page(s) 287 and placed in members' bill files.)
Amendment No. 2(L.003), by Senator Fields.
Amend the Judiciary Committee Report, dated February 21, 2024, page 1, line
11, strike "and (2)(b)" and substitute "(2)(b), and (2.5)".
Page 1 of the committee report, line 24, strike "18-1.3-406.".". and substitute
"18-1.3-406."
Page 1 of the committee report, after line 24, insert:
"(2.5) It is an affirmative defense to a charge pursuant to subsection (2)
of this section if the person being charged can demonstrate by a preponderance
of the evidence that, at the time of the offense, he or she was a victim of human
trafficking for sexual servitude who was forced or coerced into engaging in the
human trafficking of minors for sexual servitude pursuant to subsection (2) of
this section.".".
As amended, ordered engrossed and placed on the calendar for third reading and final
passage.
House Journal, March 13
5 SB24-035 be amended as follows, and as so amended, be referred to
6 the Committee of the Whole with favorable
7 recommendation:
8
9 Amend reengrossed bill, page 2, strike lines 3 through 24.
10
11 Page 3, strike lines 1 through 6 and substitute:
12 "SECTION 1. In Colorado Revised Statutes, 16-1-104, amend
13 (8.5)(a)(I) as follows:
14 16-1-104. Definitions. (8.5) (a) (I) "Crime of violence" means a
15 crime in which the defendant used, or possessed and threatened the use
16 of, a deadly weapon during the commission or attempted commission of
17 any crime committed against an elderly person or a person with a
18 disability or a crime of murder, first or second degree assault, kidnapping,
19 sexual assault, robbery, first degree arson, first or second degree burglary,
20 escape, or criminal extortion, HUMAN TRAFFICKING FOR INVOLUNTARY
21 SERVITUDE OF AN ADULT OR A MINOR, OR HUMAN TRAFFICKING FOR
22 SEXUAL SERVITUDE OF AN ADULT OR A MINOR, or during the immediate
23 flight therefrom, or the defendant caused serious bodily injury or death to
24 any person, other than himself or herself TO THE DEFENDANT or another
25 participant, during the commission or attempted commission of any such
26 THE felony or during the immediate flight therefrom.
27 SECTION 2. In Colorado Revised Statutes, 18-1.3-406, amend
28 (2)(a)(II) introductory portion and (2)(a)(II)(J); and add (2)(a)(II)(L) and
29 (2)(a)(II)(M) as follows:
30 18-1.3-406. Mandatory sentences for violent crimes -
31 definitions. (2) (a) (II) Subparagraph (I) of this paragraph (a)
32 SUBSECTION (2)(a)(I) OF THIS SECTION applies to the following crimes:
33 (J) Criminal extortion; or
34 (L) HUMAN TRAFFICKING FOR INVOLUNTARY SERVITUDE OF AN
35 ADULT OR A MINOR IN VIOLATION OF SECTION 18-3-503; OR
36 (M) HUMAN TRAFFICKING FOR SEXUAL SERVITUDE OF AN ADULT
37 OR A MINOR IN VIOLATION OF SECTION 18-3-504.
38 SECTION 3. In Colorado Revised Statutes, 18-3-503, add (3) as
39 follows:
40 18-3-503. Human trafficking for involuntary servitude -
41 human trafficking of a minor for involuntary servitude. (3) IT IS AN
42 AFFIRMATIVE DEFENSE TO A CHARGE PURSUANT TO THIS SECTION IF THE
43 PERSON BEING CHARGED, AT THE TIME OF THE OFFENSE, WAS A VICTIM OF
44 HUMAN TRAFFICKING FOR INVOLUNTARY SERVITUDE WHO WAS FORCED OR
45 COERCED INTO ENGAGING IN HUMAN TRAFFICKING FOR INVOLUNTARY
46 SERVITUDE PURSUANT TO THIS SECTION.
47 SECTION 4. In Colorado Revised Statutes, 18-3-504, amend
48 (2.5) as follows:
49 18-3-504. Human trafficking for sexual servitude - human
50 trafficking of a minor for sexual servitude. (2.5) It is an affirmative
51 defense to a charge pursuant to subsection (2) of this section if the person
52 being charged, can demonstrate by a preponderance of the evidence that,
53 at the time of the offense, he or she was a victim of human trafficking for
54 sexual servitude who was forced or coerced into engaging in the human
55 trafficking of minors for sexual servitude pursuant to subsection (2) of
56 this section.".
1 Renumber succeeding sections accordingly.
2
3