The Following is a synopsis of the major substantive criminal law legislation passed in 2009.
Most of the new laws, unless otherwise indicated, are effective on or before 7/1/09.
These changes have been incorporated into the text of this Handbook edition
16‑5‑401 Limitation for commencing criminal proceedings. Adds offenses pertaining to identity theft to the list of crimes where the statute of limitations does not begin to run until the crime is discovered. Raises the statute of limitations to five years for vehicular homicide and leaving the scene of an accident that resulted in death. New five year statute of limitations for vehicular homicide and leaving the scene of an accident that resulted in death applies to all existing cases where the current statute of limitations has not expired as of 7/1/09.
16‑23‑101+ DNA Crime Prevention and Exoneration of the Innocent Act. New statutes created for collecting and testing DNA. Requires DNA sample from all adults arrested for a felony and submission of results to CODIS. (Effective 9/30/10)
18‑1‑1101+ Preservation of DNA evidence. Existing statutes dealing with the preservation of DNA evidence are repealed and reenacted with amendments and new statutes have been created.
18‑3‑204 Assault in the third degree. Amended to make it a class 1 misdemeanor (mandatory sentence two years and a day to four years) for causing a peace officer, firefighter, or emergency medical technician (or person whom the actor should know to be a peace officer, firefighter, or emergency medical technician ) to come into contact with blood, seminal fluid, urine, feces, saliva, mucous, vomit or any toxic, caustic or hazardous material by any means including throwing, tossing, or expelling the substance. Provides procedures for testing the actor for communicable diseases and for the reporting of such results to the peace officer, firefighter, or emergency medical technician.
18‑3‑306 Internet luring of a child. Amended to prohibit communication with the child over “telephone networks, data networks, text messages, and instant messages.â€
18‑3‑405.4 Internet sexual exploitation of a child. Amended to prohibit communication over “telephone networks, data networks, text messages, and instant messages.” Now covers situations where the actor knows or “believes” the person to be under fifteen and at least four years younger than the actor. Removes the requirement that the actor be actually communicating with the victim while the victim is observing the actor’s intimate parts.
18‑4‑401 Theft. States that two or more thefts in a six month period may, but are not required to be, aggregated into a single offense. Provides that theft committed twice or more against the same person (more than six months apart) pursuant to one scheme or course of conduct may be aggregated and charged in a single offense.
18‑4‑402 Theft of rental property. States that two or more thefts in a six month period may be aggregated into a single offense.
18‑4‑410 Theft by receiving. States that two or more thefts in a six month period may be aggregated into a single offense.
18‑4‑501 Criminal mischief. Deletes section requiring revocation of driver’s license upon conviction.
18‑4‑509 Defacing property. Deletes section requiring revocation of driver’s license upon conviction.
18‑4‑601+ Theft of sound recordings. Amends various provisions dealing with theft of sound recordings. New section 18‑4‑606 says that a law enforcement officer “shall” confiscate all illegal items as contraband and the items are to be delivered to the district attorney who, after a conviction, can request a court order for the destruction/disposal of the items.
18‑5‑118 Forgery of a penalty assessment notice issued to a minor under the age of eighteen years. Repealed.
18‑5‑903.5 Criminal possession of an identification document. New crime for possessing another person’s actual identification document. Class 1 misdemeanor for possession of one or more identification documents issued to the same person. Class 6 felony for possession of two or more identification documents when at least two are issued to different persons. (Effective 7/1/11)
18‑6‑402 Trafficking in children. Increases the age of a “child” from sixteen to eighteen and increases the penalty for trafficking in children to a class 2 felony.
18‑6‑403 Sexual exploitation of children. Adds possession of “video, video tape, or motion picture depicting moving images of a child engaged in, participating in, observing, or being used for explicit sexual conduct” and makes possession of one such item a class 4 felony.
18‑8‑116 Disarming a peace officer. Amended to include the taking of a self‑defense electronic control device, direct contact stun device, or other similar device from a peace officer.
18‑9‑111 Harassment. Adds harassment by means of “telephone networks, data networks, text messages, and instant messages.â€
18‑9‑116 Throwing missiles at vehicles ‑ harassment of bicyclists. It is a class 2 misdemeanor to knowingly project any missile at or against a bicyclist. “Missile” means any object or substance. (Effective 8/5/09)
18‑9‑312 Hostage or armed person in geographical area ‑ telephones, electronic, cellular, or digital communications. Amended to cover situations where hostages are taken or a barricaded person is armed with a deadly weapon/explosive device. Permits a law enforcement supervisor to request that a communications or internet access provider “cut, reroute, or divert” telephone lines or cellular or digital communications signals to prevent the hostage taker/armed person from communicating with anyone other than a peace officer or other authorized person.
18‑9‑313 Personal information on the internet ‑ law enforcement officials. Adds all judges and prosecutors to the list of persons already protected from having personal information placed on the internet. Expands the protection to immediate family members. Adds personal mobile telephone numbers and personal e‑mail address to the definition of “personal information”.
18‑13‑129 Coercion of involuntary servitude. Expands the prohibited methods of coercion.
18‑18‑203 Controlled substances ‑ Schedule I. Adds Benzylpiperazine (BZP) to schedule I.
18‑17‑103 Racketeering activity. Adds criminal possession of an identification document to crimes that constitute racketeering activity. (Effective 7/1/11)
18‑18‑404(4) Unlawful use of a controlled substance. Deletes section requiring revocation of driver’s license upon conviction.
18‑18‑405(6) Unlawful distribution, manufacturing, dispensing, sale or possession. Deletes section requiring revocation of driver’s license upon conviction.
18‑18‑406(12)Offenses relating to marihuana and marihuana concentrate. Deletes section requiring revocation of driver’s license upon conviction.
26‑2‑306 Trafficking in food stamps. States that two or more thefts in a six month period may be aggregated into a single offense.
42‑1‑102 Definitions. Eliminates the definition “neighborhood electric vehicle” and adds new definition for “low speed electrical vehicle” and adds it to the definition of “motor vehicle.” (Effective 8/5/09) Deletes the definitions of “motorscooter,” “motorbicycle,” “motorized bicycle,” and motor‑driven cycle.” Provides new definitions for “electrical assisted bicycles,” “electric personal assistive mobility device,” and “low‑power scooter.” Definition of “motor vehicle” amended to include “low‑power scooters.” (Effective 10/1/09)
42‑4‑101+ Regulations of vehicles and traffic. Various statutes amended to govern the operation of, and equipment requirements for, “electrical assisted bicycles,” “electric personal assistive mobility devices,” and “low‑power scooters.” (Effective 10/1/09)
42‑4‑109.6 Class B low‑speed electric vehicles. Defines a class B low‑speed vehicle as an electric vehicle capable of traveling more than 25 mph but less than 45 mph. Regulates its operation. . (Effective 8/5/09)
42‑4‑111 Powers of local authorities. Local authorities can regulate the operation of lowspeed electric vehicles. However, in regulating the operation of golf carts, they must prohibit: (1) an unlicensed driver to carry a passenger who is under twenty‑one; (2) operation of a golf cart by anyone under fourteen; (3) operation on a state highway.
42‑4‑239 Misuse of wireless telephone. Amended to prohibit use of a wireless telephone by any person under eighteen while operating a vehicle. Persons eighteen and older may not use a wireless telephone for “text messaging or other similar forms of manual data entry (i.e., dialing) or transmission” while operating a vehicle. Exceptions are calls to public safety entities and emergencies. A driver eighteen or older may not be cited unless the officer observes the use of a wireless telephone for the purpose of engaging in text messaging or other similar forms of manual data entry or transmission. States that “operating a vehicle” does not include a motor vehicle “at rest in a shoulder lane or lawfully parked.” (Effective 12/1/09)
42‑4‑713 Yielding right of way to transit buses. New section requires drivers to yield to public transportation buses entering traffic lanes after dropping off passengers. Bus must signal and be equipped with illuminated sign on back of the bus warning drivers to yield. (Effective 8/5/09)
42‑4‑1002 Passing oncoming vehicles. Motorists cannot pass a bicyclist moving in the same direction and in the same lane when there is oncoming traffic unless: (1) it allows oncoming traffic one‑half of the main traveled portion of the raodway, and (2) allows the bicyclist at least a three‑foot separation between the right side of the vehicle (including mirrors or other projecting objects) and the left side of the bicycle. (Effective 8/5/09)
42‑4‑1003 Overtaking a vehicle on the left. A driver passing a bicycle moving in the same direction must allow the bicyclist at least a three‑foot separation between the right side of the vehicle (including mirrors or other projecting objects) and the left side of the bicycle. (Effective 8/5/09)
42‑4‑1004 When overtaking on the right is permitted. The driver of a motor vehicle upon a one‑way roadway with two or more marked traffic lanes, when overtaking a bicyclist proceeding in the same direction and riding on the left‑hand side of the road shall allow the bicyclist at least a three‑foot separation between the left side of the vehicle (including mirrors or other projecting objects) and the right side of the bicycle. (Effective 8/5/09)
42‑4‑1008.5 Crowding or threatening bicyclist. It is careless driving (42‑4‑1402) for the driver of a motor vehicle to drive unnecessarily close to, toward, or near a bicyclist in a careless and imprudent manner. (Effective 8/5/09)
42‑4‑1412 Operation of bicycles and other human‑powered vehicles. New section pertaining to the operation of bicycles and human‑powered vehicles on roadways. (Effective 8/5/09)
42‑4‑1903 School buses. Requires drivers to stop their vehicles at least twenty feet before re
