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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0169.01 Anna Petrini x5497 SENATE BILL 26-111
Senate Committees House Committees
Judiciary
A BILL FOR AN ACT
CONCERNING CRIMINAL SENTENCI NG FOR PERSONS WHO COMMIT101
CERTAIN TYPES OF SEXUAL ASSAULT ON A CHILD , AND , IN102
CONNECTION THEREWITH , REQUIRING A PERIOD OF103
INCARCERATION FOR CERTAIN CLASS 4 AND CLASS 3 FELONY104
SEXUAL ASSAULT ON A CHILD OFFENSES.105
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
Current law permits a court to sentence a sex offender to probation
for an indeterminate period that can range from 10 years for a class 4
SENATE SPONSORSHIP
Rich,
HOUSE SPONSORSHIP
Bradley and English,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
felony and 20 years for a class 3 felony to a maximum of the sex
offender's natural life.
The bill prohibits a court from sentencing to probation a sex
offender convicted of:
! Class 4 felony sexual assault on a child;
! Class 4 felony sexual assault on a child by one in a position
of trust; or
! Class 3 felony sexual assault on a child by one in a position
of trust when the child is under 15 years old.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 18-1.3-1004, amend2
(2)(a) as follows:3
18-1.3-1004. Indeterminate sentence.4
(2) (a) The district court having jurisdiction, based on5
consideration of the evaluation conducted pursuant to section 16-11.7-1046
C.R.S., and the factors specified in section 18-1.3-203, may sentence a7
sex offender to probation for an indeterminate period of at least ten years8
for a class 4 felony or twenty years for a class 2 or 3 felony and a9
maximum of the sex offender's natural life; except that, if the sex10
offender committed a sex offense that constitutes a crime of violence, as11
defined in section 18-1.3-406, or committed a sex offense that makes him12
or her THE SEX OFFENDER eligible for sentencing as a habitual sex13
offender against children pursuant to section 18-3-412, or COMMITTED a14
sex offense requiring sentencing pursuant to paragraph (e) of subsection15
(1) SUBSECTION (1)(e) of this section, OR COMMITTED SEXUAL ASSAULT16
ON A CHILD THAT IS A CLASS 4 FELONY PURSUANT TO SECTION 18-3-405,17
OR COMMITTED SEXUAL ASSAULT ON A CHILD BY ONE IN A POSITION OF18
TRUST THAT IS A CLASS 4 FELONY PURSUANT TO SECTION 18-3-405.3, OR19
COMMITTED A SEXUAL ASSAULT ON A CHILD BY ONE IN A POSITION OF20
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TRUST THAT IS A CLASS 3 FELONY PURSUANT TO SECTION 18-3-405.31
(2)(a), the court shall sentence the sex offender to the department of2
corrections as provided in subsection (1) of this section. For any sex3
offender sentenced to probation pursuant to this subsection (2), the court4
shall order that the sex offender, as a condition of probation, participate5
in an intensive supervision probation program established pursuant to6
section 18-1.3-1007, until further order of the court.7
SECTION 2. In Colorado Revised Statutes, 18-3-405, add (3.5)8
as follows:9
18-3-405. Sexual assault on a child.10
(3.5) PURSUANT TO SECTION 18-1.3-1004 (2)(a), THE COURT SHALL11
SENTENCE A PERSON CONVICTED OF A CLASS 4 FELONY OF SEXUAL12
ASSAULT ON A CHILD TO THE DEPARTMENT OF CORRECTIONS FOR AN13
INDETERMINATE TERM OF INCARCERATION OF AS SET FORTH IN SECTION14
18-1.3-1004 (1)(a).15
SECTION 3. In Colorado Revised Statutes, 18-3-405.3, add (4.5)16
as follows:17
18-3-405.3. Sexual assault on a child by one in a position of18
trust.19
(4.5) (a) P URSUANT TO SECTION 18-1.3-1004 (2)(a), THE COURT20
SHALL SENTENCE A PERSON CONVICTED OF A CLASS 4 FELONY OF SEXUAL21
ASSAULT ON A CHILD BY ONE IN A POSITION OF TRUST TO THE DEPARTMENT22
OF CORRECTIONS FOR AN INDETERMINATE TERM OF INCARCERATION AS SET23
FORTH IN SECTION 18-1.3-1004 (1)(a).24
(b) PURSUANT TO SECTION 18-1.3-1004 (2)(a), THE COURT SHALL25
SENTENCE A PERSON CONVICTED OF A CLASS 3 FELONY OF SEXUAL26
ASSAULT ON A CHILD BY ONE IN A POSITION OF TRUST , AS DESCRIBED IN27
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SUBSECTION (2)(a) OF THIS SECTION , TO THE DEPARTMENT OF1
CORRECTIONS FOR AN INDETERMINATE TERM OF INCARCERATION AS SET2
FORTH IN SECTION 18-1.3-1004 (1)(a).3
SECTION 4. Act subject to petition - effective date -4
applicability. (1) This act takes effect at 12:01 a.m. on the day following5
the expiration of the ninety-day period after final adjournment of the6
general assembly (August 12, 2026, if adjournment sine die is on May 13,7
2026); except that, if a referendum petition is filed pursuant to section 18
(3) of article V of the state constitution against this act or an item, section,9
or part of this act within such period, then the act, item, section, or part10
will not take effect unless approved by the people at the general election11
to be held in November 2026 and, in such case, will take effect on the12
date of the official declaration of the vote thereon by the governor.13
(2) This act applies to offenses committed on or after the14
applicable effective date of this act.15
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