A Bill for an Act
Page 1, Line 101Concerning criminal offenses affecting retailers.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
Current law requires mandatory sentencing to at least the minimum of the prescribed range for a person who, within the immediately preceding 4 years, was twice convicted of felony theft from a store and who is once again convicted of felony theft from a store.
The bill requires a state court to sentence a person convicted of burglary, robbery, theft, or a related property crime from or of a store, who was convicted of any 2 of the specified property crimes or comparable municipal offenses from or of a store within the preceding 4 years, to at least the midpoint term for the current offense.
The bill adds language to the existing theft statute clarifying how a gift card's value is determined for purposes of determining the offense level and associated penalty. If the stolen item of value is a gift card, then the value is the full monetary face value or, in the case of a variable load gift card, the maximum potential value, regardless of whether funds have been transferred to the gift card at the time of the theft. The bill adds gift cards to the list of written instruments subject to forgery.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, add 18-4-206 as follows:
Page 2, Line 318-4-206. Burglary of a store - mandatory sentencing for
Page 2, Line 4repeated offense.When a person is convicted of any offense
Page 2, Line 5pursuant to this part 2 and the burglary or related offense was
Page 2, Line 6from or of a store, the court shall sentence the person pursuant
Page 2, Line 7to the provisions of section 18-4-413 (2) if the person has, within
Page 2, Line 8the immediately preceding four years, been convicted of any two
Page 2, Line 9offenses pursuant to this part 2 or part 3 or part 4 of this article
Page 2, Line 104, or pursuant to comparable municipal ordinances, and each offense was from or of a store.
Page 2, Line 11SECTION 2. In Colorado Revised Statutes, add 18-4-306 as follows:
Page 2, Line 1218-4-306. Robbery of a store - mandatory sentencing for
Page 2, Line 13repeated offense.When a person is convicted of any offense
Page 2, Line 14pursuant to this part 3 and the robbery or related offense was
Page 2, Line 15from or of a store, the court shall sentence the person pursuant
Page 2, Line 16to the provisions of section 18-4-413 (2) if the person has, within
Page 2, Line 17the immediately preceding four years, been convicted of any two
Page 2, Line 18offenses pursuant to this part 3 or part 2 or part 4 of this article
Page 3, Line 14, or pursuant to comparable municipal ordinances, and each offense was from or of a store.
Page 3, Line 2SECTION 3. In Colorado Revised Statutes, 18-4-401, add (13) as follows:
Page 3, Line 318-4-401. Theft - definitions. (13) (a) If the item of value
Page 3, Line 4involved is a gift card, then for purposes of determining the
Page 3, Line 5offense level pursuant to subsection (2) of this section, the
Page 3, Line 6value is the full monetary face value or, in the case of a
Page 3, Line 7variable load gift card, the maximum potential value,
Page 3, Line 8regardless of whether funds have been transferred to the gift card at the time of the theft.
Page 3, Line 9(b) As used in this subsection (13):
Page 3, Line 10(I) "Closed-loop gift card" means a card, code, or device
Page 3, Line 11that is issued to a consumer on a prepaid basis, primarily for
Page 3, Line 12personal, family, or household purposes, in a specified amount,
Page 3, Line 13regardless of whether the amount may be increased or reloaded
Page 3, Line 14in exchange for payment, and is redeemable upon presentation by
Page 3, Line 15a consumer at a single merchant or group of affiliated merchants.
Page 3, Line 16(II) "Gift card" means a physical or digital closed-loop
Page 3, Line 17gift card or open-loop gift card that is either activated or inactivated.
Page 3, Line 18(III) "Open-loop gift card" means a card, code, or device
Page 3, Line 19that is issued to a consumer on a prepaid basis, primarily for
Page 3, Line 20personal, family, or household purposes, in a specified amount,
Page 3, Line 21regardless of whether that amount may be increased or
Page 3, Line 22reloaded in exchange for payment, and is redeemable upon
Page 4, Line 1presentation at multiple unaffiliated merchants for goods or services within the payment card network.
Page 4, Line 2SECTION 4. In Colorado Revised Statutes, 18-4-413, amend (2); repeal (3); and add (1.5) as follows:
Page 4, Line 318-4-413. Mandatory sentencing for repeated theft or
Page 4, Line 4property crime from a store - store defined. (1.5) When a person is
Page 4, Line 5convicted of any offense pursuant to this part 4 and the theft or
Page 4, Line 6related offense was from or of a store, the court shall sentence
Page 4, Line 7the person pursuant to subsection (2) of this section if the person
Page 4, Line 8has, within the immediately preceding four years, been convicted
Page 4, Line 9of any two offenses pursuant to this part 4 or part 2 or part 3 of
Page 4, Line 10this article 4, or pursuant to comparable municipal ordinances, and each offense was from or of a store.
Page 4, Line 11(2) Any person convicted of
felony theftPage 4, Line 12to this part 4 or part 2 or part 3 of this article 4, which
felonyPage 4, Line 13
theftPage 4, Line 14preceding four years was
twicefelony theftPage 4, Line 15offenses pursuant to this part 4 or part 2 or part 3 of this article
Page 4, Line 164, or pursuant to comparable municipal ordinances, which
felonyPage 4, Line 17
theft wasPage 4, Line 18sentenced to at least the
minimumsuchPage 4, Line 19offense. A person convicted under this section
shall not bePage 4, Line 20(3)
The mandatory sentencing requirements specified inPage 4, Line 21
subsection (2) of this section shall not apply when the person is being sentenced pursuant to section 18-4-401 (4).Page 4, Line 22SECTION 5. In Colorado Revised Statutes, 18-5-101, amend (1); and add (1.3), (5.5), and (7.3) as follows:
Page 5, Line 118-5-101. Definitions. As used in sections 18-5-101 to 18-5-110, unless the context otherwise requires:
Page 5, Line 2(1)
"Complete written instrument" means one which purports toPage 5, Line 3
be a genuine written instrument fully drawn with respect to everyPage 5, Line 4
essential feature thereof.Page 5, Line 5code, or device that is issued to a consumer on a prepaid basis,
Page 5, Line 6primarily for personal, family, or household purposes, in a
Page 5, Line 7specified amount, regardless of whether the amount may be
Page 5, Line 8increased or reloaded in exchange for payment, and is
Page 5, Line 9redeemable upon presentation by a consumer at a single merchant or group of affiliated merchants.
Page 5, Line 10(1.3) "Complete written instrument" means one which
Page 5, Line 11purports to be a genuine written instrument fully drawn with respect to every essential feature thereof.
Page 5, Line 12(5.5) "Gift card" means a physical or digital closed-loop
Page 5, Line 13gift card or open-loop gift card that is either activated or inactivated.
Page 5, Line 14(7.3) "Open-loop gift card" means a card, code, or device
Page 5, Line 15that is issued to a consumer on a prepaid basis, primarily for
Page 5, Line 16personal, family, or household purposes, in a specified amount,
Page 5, Line 17regardless of whether that amount may be increased or
Page 5, Line 18reloaded in exchange for payment, and is redeemable upon
Page 5, Line 19presentation at multiple unaffiliated merchants for goods or services within the payment card network.
Page 5, Line 20SECTION 6. In Colorado Revised Statutes, 18-5-102, amend
Page 5, Line 21(1)(g) and (1)(h); and add (1)(i) as follows:
Page 6, Line 118-5-102. Forgery. (1) A person commits forgery, if, with intent
Page 6, Line 2to defraud, the person falsely makes, completes, alters, or utters a written
Page 6, Line 3instrument that is or purports to be, or that is calculated to become or to represent if completed:
Page 6, Line 4(g) Part of an issue of lottery tickets or shares designed for use in the lottery held pursuant to article 40 of title 44;
orPage 6, Line 5(h) A document-making implement that may be used or is used in
Page 6, Line 6the production of a false identification document or in the production of
Page 6, Line 7another document-making implement to produce false identification documents; or
Page 6, Line 8(i) A gift card.
Page 6, Line 9SECTION 7. Act subject to petition - effective date -
Page 6, Line 10applicability. (1) This act takes effect at 12:01 a.m. on the day following
Page 6, Line 11the expiration of the ninety-day period after final adjournment of the
Page 6, Line 12general assembly; except that, if a referendum petition is filed pursuant
Page 6, Line 13to section 1 (3) of article V of the state constitution against this act or an
Page 6, Line 14item, section, or part of this act within such period, then the act, item,
Page 6, Line 15section, or part will not take effect unless approved by the people at the
Page 6, Line 16general election to be held in November 2026 and, in such case, will take
Page 6, Line 17effect on the date of the official declaration of the vote thereon by the governor.
Page 6, Line 18(2) This act applies to offenses committed on or after the applicable effective date of this act.