A Bill for an Act
Page 1, Line 101Concerning the penalty for theft of firearms.
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.)
In current law, the sentencing structure for theft, except for auto theft, is based on the value of the item stolen. The bill exempts theft of firearms from that sentencing structure and makes theft of a firearm a class 6 felony, regardless of the firearm's value. Subsequent violations, including multiple firearms stolen in the same criminal incident, are separate class 5 felonies.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, 18-4-401, amend (2) introductory portion and (4); and add (2.3) as follows:
Page 2, Line 318-4-401. Theft. (2) Except as provided in subsection (2.3) of this section, theft is:
Page 2, Line 4(2.3) Theft in violation of subsection (1) of this section of
Page 2, Line 5a firearm, as defined in section 18-12-101, is a class 6 felony, regardless of the value of the firearm.
Page 2, Line 6(4) (a) Except as provided in subsection (4)(c) of this
Page 2, Line 7section, when a person commits theft twice or more within a period of
Page 2, Line 8six months, two or more of the thefts may be aggregated and charged in
Page 2, Line 9a single count, in which event the aggregate thefts
so aggregated andPage 2, Line 10
charged shallshall bePage 2, Line 11based on the aggregate value of the things involved, pursuant to subsection (2) of this section.
Page 2, Line 12(b) Except as provided in subsection (4)(c) of this section,
Page 2, Line 13when a person commits theft twice or more against the same person
Page 2, Line 14pursuant to one scheme or course of conduct, the thefts may be
Page 2, Line 15aggregated and charged in a single count, in which event
they shallPage 2, Line 16thefts constitute a single offense, the penalty for which
shall bePage 2, Line 17on the aggregate value of the things involved, pursuant to subsection (2) of this section.
Page 2, Line 18(c) (I) When a person commits theft of a firearm two or more times, each subsequent theft is a class 5 felony.
Page 2, Line 19(II) When a person commits theft of a firearm and, in that
Page 2, Line 20one scheme or course of conduct involving theft of a firearm,
Page 2, Line 21multiple firearms are stolen, the person commits a separate class 5 felony for each firearm stolen.
Page 3, Line 1SECTION 2. Safety clause. The general assembly finds,
Page 3, Line 2determines, and declares that this act is necessary for the immediate
Page 3, Line 3preservation of the public peace, health, or safety or for appropriations for
Page 3, Line 4the support and maintenance of the departments of the state and state institutions.