Second Regular Session Sixty-fourth General Assembly STATE OF COLORADO INTRODUCED SENATE SPONSORSHIP

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1 Second Regular Session Sixty-fourth General Assembly STATE OF COLORADO INTRODUCED LLS NO Michael Dohr HOUSE BILL 0-0 HOUSE SPONSORSHIP McCluskey Johnson S. SENATE SPONSORSHIP House Committees Judiciary Appropriations Senate Committees 1 A BILL FOR AN ACT CONCERNING LAWS RELATED TO THE IMPERSONATION OF A PEACE OFFICER, AND MAKING AN APPROPRIATION THEREFOR. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Increases the penalty for impersonating a peace officer to a class felony. Repeals a duplicate statute that addresses impersonating a peace officer. Requires the court to sentence a defendant convicted of impersonating a peace officer who used peace officer paraphernalia in committing the offense to the midpoint of the sentencing range. Makes the use or possession of red or blue lights on unauthorized vehicles a class 1 misdemeanor. Requires volunteer firefighters and ambulance attendants to obtain a permit prior to using special lights and alarm systems on their personal vehicles. Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute.

2 Makes a -year statutory appropriation Be it enacted by the General Assembly of the State of Colorado: SECTION , Colorado Revised Statutes, is amended to read: Impersonating a peace officer. (1) A person who falsely pretends to be a peace officer and performs an act in that pretended capacity commits impersonating a peace officer. which is a class 1 misdemeanor. () (a) IMPERSONATING A PEACE OFFICER IS A CLASS SIX FELONY. (b) IF A PERSON, WHILE COMMITTING IMPERSONATING A PEACE OFFICER, USES PEACE OFFICER PARAPHERNALIA, THE PERSON SHALL BE SENTENCED TO AT LEAST THE MIDPOINT OF THE PRESUMPTIVE SENTENCING RANGE SPECIFIED IN SECTION () "PEACE OFFICER PARAPHERNALIA" MEANS AN ACTUAL OR FACSIMILE: (a) BADGE, IDENTIFICATION, INSIGNIA, RESTRAINT DEVICE, UNIFORM, OR DISTINCTIVE PART OF A UNIFORM, ASSOCIATED WITH A PEACE OFFICER; OR (b) DISTINCTIVE MARKING ASSOCIATED WITH A PEACE OFFICER VEHICLE, AN OPERATING BLUE LIGHT, AN OPERATING RED LIGHT, OR A SIREN. SECTION. Part of 1 of article of title 1, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 1--. Blue and red lights - illegal use or possession. (1) A PERSON SHALL NOT EQUIP, DRIVE, OR MOVE A VEHICLE OR EQUIPMENT -- HB0-0

3 UPON A STREET, HIGHWAY, OR AREA OPEN TO THE PUBLIC FOR VEHICULAR TRAFFIC WITH A LAMP OR DEVICE CAPABLE OF DISPLAYING A RED OR BLUE LIGHT THAT IS VISIBLE FROM IN FRONT OF THE VEHICLE. THIS SECTION SHALL NOT APPLY TO A PERSON EXPRESSLY AUTHORIZED TO OPERATE SUCH A VEHICLE. A SHERIFF OR CHIEF OF POLICE MAY EXPRESSLY AUTHORIZE A NON-LAW ENFORCEMENT PERSON TO OPERATE A VEHICLE THAT INCLUDES SUCH LIGHTS. () A PERSON WHO VIOLATES SUBSECTION (1) OF THIS SECTION COMMITS A CLASS 1 MISDEMEANOR. SECTION. Repeal. --, Colorado Revised Statutes, is repealed. SECTION. Repeal. --0 () (b), Colorado Revised Statutes, is repealed as follows: --0. Motorized bicycles - motor-driven cycles - lighting equipment - department control - use and operation. () (b) No person shall equip, drive, or move any vehicle or equipment upon any highway with any lamp or device thereon capable of displaying a red or blue light visible from directly in front of the center thereof. This section shall not apply to any vehicle upon which such lights visible from the front are expressly authorized or required by this article. SECTION. -- (1), Colorado Revised Statutes, is amended to read: --. Volunteer firefighters - volunteer ambulance attendants - special lights and alarm systems. (1) (a) All members of volunteer fire departments regularly attached to the fire departments organized within incorporated towns, and COUNTIES, cities, and fire protection districts and all members of a volunteer ambulance service -- HB0-0

4 regularly attached to a volunteer ambulance service within an area which the ambulance service would be reasonably expected to serve may have their private automobiles equipped with a signal lamp or a combination of signal lamps capable of displaying flashing, oscillating, or rotating red lights visible to the front and rear at five hundred feet in normal sunlight. In addition to the red light, flashing, oscillating, or rotating signal lights may be used that emit white or white in combination with red lights. At least one of such signal lamps or combination of signal lamps shall be mounted on the top of the automobile. Said automobiles may be equipped with audible signal systems such as sirens, whistles, or bells. Said lights, together with any signal systems authorized by this subsection (1), may be used only when a member of a fire department is responding to or attending a fire alarm or other emergency or when a member of an ambulance service is responding to an emergency requiring the member's services. Neither such lights nor such signals shall be used for any other purpose than those set forth in this subsection (1). If used for any other purpose, such use shall constitute a violation of this subsection (1), and the violator commits a class B traffic infraction. (b) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (a) OF THIS SUBSECTION (1), A MEMBER OF A VOLUNTEER FIRE DEPARTMENT OR A VOLUNTEER AMBULANCE SERVICE MAY EQUIP HIS OR HER PRIVATE AUTOMOBILE WITH THE EQUIPMENT DESCRIBED IN PARAGRAPH (a) OF THIS SUBSECTION (1) ONLY AFTER RECEIVING A PERMIT FOR THE EQUIPMENT FROM THE FIRE CHIEF OF THE FIRE DEPARTMENT OR CHIEF EXECUTIVE OFFICER OF THE AMBULANCE SERVICE THROUGH WHICH THE VOLUNTEER SERVES. SECTION. Part 1 of article 1 of title 1, Colorado Revised -- HB0-0

5 Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: Appropriation to comply with section --0. (1) PURSUANT TO SECTION --0, C.R.S., THE FOLLOWING STATUTORY APPROPRIATIONS, OR SO MUCH THEREOF AS MAY BE NECESSARY, ARE MADE IN ORDER TO IMPLEMENT H.B. 0-, ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTY-FOURTH GENERAL ASSEMBLY: (a) FOR THE FISCAL YEAR BEGINNING JULY 1, 00, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED FROM THE CAPITAL CONSTRUCTION FUND CREATED IN SECTION --0, SECTION 1-1-, THE SUM OF DOLLARS ($ ). (b) (I) FOR THE FISCAL YEAR BEGINNING JULY 1, 00, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED, FROM THE CAPITAL CONSTRUCTION FUND CREATED IN SECTION --0, SECTION 1-1-, THE SUM OF DOLLARS ($ ). (II) FOR THE FISCAL YEAR BEGINNING JULY 1, 00, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED TO THE DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, THE SUM OF DOLLARS ($ ). (c) (I) FOR THE FISCAL YEAR BEGINNING JULY 1, 00, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED, FROM THE CAPITAL CONSTRUCTION FUND CREATED IN SECTION --0, SECTION 1-1-, THE SUM OF DOLLARS ($ ). (II) FOR THE FISCAL YEAR BEGINNING JULY 1, 00, IN ADDITION -- HB0-0

6 TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED TO THE DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, THE SUM OF DOLLARS ($ ). (d) (I) FOR THE FISCAL YEAR BEGINNING JULY 1, 00, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED, FROM THE CAPITAL CONSTRUCTION FUND CREATED IN SECTION --0, SECTION 1-1-, THE SUM OF DOLLARS ($ ). (II) FOR THE FISCAL YEAR BEGINNING JULY 1, 00, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED TO THE DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, THE SUM OF DOLLARS ($ ). (e) (I) FOR THE FISCAL YEAR BEGINNING JULY 1, 00, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED, FROM THE CAPITAL CONSTRUCTION FUND CREATED IN SECTION --0, SECTION 1-1-, THE SUM OF DOLLARS ($ ). (II) FOR THE FISCAL YEAR BEGINNING JULY 1, 00, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED TO THE DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, THE SUM OF DOLLARS ($ ). SECTION. --0 () (q), () (r), () (s), and () (t), Colorado Revised Statutes, as they will become effective July 1, 00, are amended, and the said --0 (), as it will become effective July 1, 00, is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read: --0. Capital construction fund - capital assessment fees -- HB0-0

7 calculation. () As of July 1, 1, and July 1 of each year thereafter through July 1, 00, a sum as specified in this subsection () shall accrue to the capital construction fund. The state treasurer and the controller shall transfer such sum out of the general fund and into the capital construction fund as moneys become available in the general fund during the fiscal year beginning on said July 1. Transfers between funds pursuant to this subsection () shall not be deemed to be appropriations subject to the limitations of section The amount which shall accrue pursuant to this subsection () shall be as follows: (q) On July 1, 00, one hundred million dollars, plus two hundred thirty-three thousand eight hundred seventy-two dollars pursuant to H.B , enacted at the second regular session of the sixty-second general assembly; plus seventy-nine thousand eight hundred eighty-seven dollars pursuant to H.B. 01-, enacted at the first regular session of the sixty-third general assembly; plus four hundred eighty-six thousand two hundred sixty-nine dollars pursuant to S.B. 0-00, enacted at the second regular session of the sixty-third general assembly; plus nine hundred seventy-two thousand five hundred thirty-eight dollars pursuant to H.B. 0-, enacted at the second regular session of the sixty-third general assembly; plus four thousand twelve dollars pursuant to section of H.B. 0S-0 enacted at the third extraordinary session of the sixty-third general assembly; plus sixty-nine thousand four hundred sixty-seven dollars pursuant to H.B. 0-, enacted at the first regular session of the sixty-fourth general assembly; PLUS DOLLARS PURSUANT TO H.B. 0-, ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTY-FOURTH GENERAL ASSEMBLY; (r) On July 1, 00, one hundred million dollars; plus four -- HB0-0

8 hundred forty-nine thousand seven hundred ninety-nine dollars pursuant to S.B.0-00, enacted at the second regular session of the sixty-third general assembly; plus one hundred thirty-eight thousand nine hundred thirty-four dollars pursuant to H.B. 0-, enacted at the first regular session of the sixty-fourth general assembly; plus sixty-nine thousand four hundred sixty-seven dollars pursuant to H.B. 0-, enacted at the first regular session of the sixty-fourth general assembly; PLUS DOLLARS PURSUANT TO H.B. 0-, ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTY-FOURTH GENERAL ASSEMBLY; (s) On July 1, 00, twenty-two thousand nine hundred twenty-four dollars pursuant to section of H.B. 0S-0, enacted at the third extraordinary session of the sixty-third general assembly; plus two hundred ninety-one thousand seven hundred sixty-one dollars pursuant to H.B. 0-0, enacted at the first regular session of the sixty-fourth general assembly; plus one hundred twenty-five thousand forty-one dollars pursuant to H.B. 0-, enacted at the first regular session of the sixty-fourth general assembly; plus sixty-nine thousand four hundred sixty-seven dollars pursuant to H.B. 0-1, enacted at the first regular session of the sixty-fourth general assembly; plus sixty-nine thousand four hundred sixty-seven dollars pursuant to H.B. 0-, enacted at the first regular session of the sixty-fourth general assembly; PLUS DOLLARS PURSUANT TO H.B. 0-, ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTY-FOURTH GENERAL ASSEMBLY; (t) On July 1, 00, four hundred sixteen thousand eight hundred two dollars pursuant to H.B. 0-0, enacted at the first regular session of the sixty-fourth general assembly; plus fifty-five thousand five hundred seventy-four dollars pursuant to H.B. 0-, enacted at the first regular -- HB0-0

9 session of the sixty-fourth general assembly; PLUS DOLLARS PURSUANT TO H.B. 0-, ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTY-FOURTH GENERAL ASSEMBLY; (u) ON JULY 1, 00, DOLLARS PURSUANT TO H.B. 0-, ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTY-FOURTH GENERAL ASSEMBLY. SECTION. Effective date - applicability. This act shall take effect July 1, 00, and shall apply to offenses committed on or after said date. SECTION. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety. -- HB0-0