CO House Bill of Interest 2017-01-23
Michael Dell
HB17-1109 Child Sex Assault Pattern Offense Place Of Trial
HOUSE SPONSORSHIP Carver and Danielson
SENATE SPONSORSHIP Fields and Cooke
House Committees
Judiciary
CONCERNING PROSECUTING IN ONE JURISDICTION A PERSON WHO HAS COMMITTED SEXUAL ASSAULTS AGAINST A CHILD IN DIFFERENT JURISDICTIONS.
Bill Summary
In current law, several sex-assault-on-a-child crimes are designated "pattern" offenses, meaning that the defendant has a pattern of sexually assaulting the same child repeatedly. When such assaults occur in more than one jurisdiction, the district attorney in each such jurisdiction must prosecute a case for the incident that occurred in his or her jurisdiction.
The bill allows a prosecutor to charge and bring a pattern-offense case for all such assaults in any jurisdiction where one of the acts occurred. The bill allows the prosecution of a defendant charged with sex-assault-on-a-child pattern offense or sex-assault-on-a-child-in-a-position-of-trust pattern offense to be tried:
! In a county where at least one or more of the incidents of sexual contact occurred;
! In a county where an act in furtherance of the offense was committed; or
! In a county where the victim resided during all or part of the offense.
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