Criminal Law 1991 Legislative Update
| Publication year | 1991 |
| Pages | 2065 |
| Citation | Vol. 10 No. 1991 Pg. 2065 |
1991, October, Pg. 2065. Criminal Law 1991 Legislative Update
The Colorado legislature tinkers with criminal law and procedure each year, and 1991 was no exception. However, the number of additions, deletions and modifications was lower than usual. The following is a summary of the major changes enacted in the 1991 legislative session. It is not intended to be either detailed or comprehensive, and counsel should consult the legislation itself for the actual language and effective dates.
Two brand new offenses were created by legislation in 1991. First, the inhalation of toxic vapors, previously banned by many municipalities, is now a violation of state law, as well. This new petty offense, codified at CRS § 18-18-111, was created by House Bill ("H.B.") 91-1057.
The second new offense, codified at CRS § 18-6-803.5, is the crime of violating a restraining order. This Class 3 misdemeanor was created by H.B. 91-1177.
Several existing offenses were broadened by the addition of new variations on existing crimes or by new definitions of existing terms. H.B. 91-1177 broadened the bond jumping statute, CRS § 18-8-212, to include cases filed as juvenile delinquency petitions. H.B. 91-1177 expanded the reach of the Colorado Victim and Witness Protection Act, CRS § 18-8-701 et seq., by broadening the definitions of "victim" and "witness." The new definitions eliminate the requirement of an ongoing official proceeding. H.B. 91-1229 broadened the definition of child abuse in CRS § 18-6-401 to include a
continued pattern of conduct which results in malnourishment, lack of proper medical care, cruel punishment, mistreatment, or an accumulation of injuries which ultimately results in the death of a child or serious bodily injury to a child.
H.B. 91-1076 broadened the definition of "peace officer" in CRS § 21-33.5-303(6) to include Colorado Bureau of Investigation investigators. The definition of "serious bodily injury" under CRS § 18-l-901(3Xp) now includes the risk of future injury occasioned at the time of the actual injury, as well as breaks, fractures and burns of the second and third degree. The definition of a "bomb" in CRS § 18-12-101(l)(b) also was broadened to include chemical explosives.
Sex offenses, which have received a great deal of...
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