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Bill Detail: HB19-1250

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Title Sexual Assault While In Custody Or Detained
Status House Committee on Judiciary Refer Amended to Appropriations (03/21/2019)
Bill Subjects
  • Crimes, Corrections, & Enforcement
House Sponsors L. Herod (D)
Senate Sponsors
House Committee Judiciary
Senate Committee
Date Introduced 03/15/2019
Description

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
  • When the peace officer makes any show of authority in
connection with the unlawful sexual conduct.
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.

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Fiscal Notes Fiscal Notes (03/20/2019) (most recent)  
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