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HB19-1250

Sexual Assault While In Custody Or Detained

Concerning sex offenses committed by a peace officer, and, in connection therewith, making an appropriation.
Session:
2019 Regular Session
Subject:
Crimes, Corrections, & Enforcement
Bill Summary

Under current law, sexual assault is a class 4 felony and unlawful sexual contact is a class 1 misdemeanor subject to a modified sentencing range as an extraordinary risk crime. When the offense is committed by a peace officer, the bill classifies sexual assault as a class 3 felony and unlawful sexual contact as a class 4 felony.

The bill creates the offense of unlawful sexual conduct by a peace officer. A peace officer commits the offense when he or she knowingly engages in sexual contact, sexual intrusion, or sexual penetration:

  • When the peace officer encounters the victim for the purpose of law enforcement or in the performance of the officer's duties;
  • When the peace officer knows at the time of the unlawful sexual conduct that the victim is the subject of an active investigation; or
  • In furtherance of sexual contact, intrusion, or penetration, the peace officer makes any show of real or apparent authority.

Unlawful sexual conduct by a peace officer is a class 4 felony when the offense is committed by sexual contact and is a class 3 felony when the offense is committed by sexual intrusion or sexual penetration. An offender convicted of unlawful sexual conduct by a peace officer is required to register as a sex offender. An offender convicted of class 3 felony unlawful sexual conduct by a peace officer is subject to lifetime supervision.

To comply with the statutorily required 5-year prison appropriation, the bill appropriates:

  • For the 2019-20 state fiscal year, $178,471 from the capital construction fund to the corrections expansion reserve fund;
  • For the 2020-21 state fiscal year, $39,701 to the department of corrections from the general fund;
  • For the 2021-22 state fiscal year, $43,916 to the department of corrections from the general fund;
  • For the 2022-23 state fiscal year, $43,311 to the department of corrections from the general fund;
  • For the 2023-24 state fiscal year, $41,491 to the department from the general fund.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status

Introduced
Passed
Became Law

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Bill Text