Text of CO SB 189 (2024)

Second Regular Session Seventy-fourth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 24-1099.01 Michael Dohr x4347 SENATE BILL 24-189 Senate Committees House Committees Judiciary A BILL FOR AN ACT CONCERNING GENDER-RELATED CHANGES TO CRIMES THAT INVOLVE 101 BIAS. 102 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.) The bill adds gender identity and gender expression to the classes identified in bias-motivated crimes and harassment. The bill redefines sexual orientation for purposes of bias-motivated crimes as an individual's identity, or another individual's perception thereof, in relation to the gender or genders to which the individual is sexually or emotionally attracted and the behavior or social affiliation that may result from the SENATE SPONSORSHIP Fields and Hansen, HOUSE SPONSORSHIP Weissman, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. attraction. Be it enacted by the General Assembly of the State of Colorado: 1 SECTION 1. In Colorado Revised Statutes, 18-9-121, amend (2) 2 introductory portion and (5)(b) as follows: 3 18-9-121. Bias-motivated crimes. (2) A person commits a 4 bias-motivated crime if, with the intent to intimidate or harass another 5 person, in whole or in part, because of that person's actual or perceived 6 race; color; religion; ancestry; national origin; physical or mental 7 disability; or sexual orientation; he or she GENDER IDENTITY, AS DEFINED 8 IN SECTION 2-4-401; OR GENDER EXPRESSION, AS DEFINED IN SECTION 9 2-4-401, THE PERSON: 10 (5) For purposes of this section: 11 (b) "Sexual orientation" means a person's actual or perceived 12 orientation toward heterosexuality, homosexuality, bisexuality, or 13 transgender status AN INDIVIDUAL'S IDENTITY, OR ANOTHER INDIVIDUAL'S 14 PERCEPTION THEREOF, IN RELATION TO THE GENDER OR GENDERS TO 15 WHICH THE INDIVIDUAL IS SEXUALLY OR EMOTIONALLY ATTRACTED AND 16 THE BEHAVIOR OR SOCIAL AFFILIATION THAT MAY RESULT FROM THE 17 ATTRACTION. 18 SECTION 2. In Colorado Revised Statutes, 18-9-111, amend 19 (2)(a) as follows: 20 18-9-111. Harassment - Kiana Arellano's Law. (2) (a) A 21 person who violates subsection (1)(a) or (1)(c) of this section or violates 22 any provision of subsection (1) of this section with the intent to intimidate 23 or harass another person, in whole or in part, because of that person's 24 actual or perceived race; color; religion; ancestry; national origin; 25 SB24-189 -2- physical or mental disability, as defined in section 18-9-121; (5)(a); or 1 sexual orientation, as defined in section 18-9-121; (5)(b), GENDER 2 IDENTITY, AS DEFINED IN SECTION 2-4-401; OR GENDER EXPRESSION, AS 3 DEFINED IN SECTION 2-4-401, commits a class 1 misdemeanor. 4 SECTION 3. Effective date - applicability. This act takes effect 5 July 1, 2024, and applies to offenses committed on or after said date. 6 SECTION 4. Safety clause. The general assembly finds, 7 determines, and declares that this act is necessary for the immediate 8 preservation of the public peace, health, or safety or for appropriations for 9 the support and maintenance of the departments of the state and state 10 institutions. 11 SB24-189 -3-

SENATE BILL 24-189 BY SENATOR(S) Fields and Hansen, Bridges, Buckner, Cutter, Danielson, Exum, Gonzales, Hinrichsen, Jaquez Lewis, Kolker, Marchman, Michaelson Jenet, Mullica, Priola, Rodriguez, Sullivan; also REPRESENTATIVE(S) Weissman and Soper, Amabile, Bird, Boesenecker, Brown, Clifford, Daugherty, deGruy Kennedy, Duran, Froelich, Garcia, Herod, Jodeh, Kipp, Lieder, Lindstedt, Lukens, McCormick, McLachlan, Ortiz, Parenti, Sirota, Story, Titone, Valdez, Willford, Young, McCluskie. CONCERNING GENDER-RELATED CHANGES TO CRIMES THAT INVOLVE BIAS. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 18-9-121, amend (1), (2) introductory portion, and (5)(b) as follows: 18-9-121. Bias-motivated crimes - legislative declaration. (1) The general assembly hereby finds and declares that it is the right of every person, regardless of race, color, ancestry, religion, national origin, physical or mental disability, or sexual orientation, OR TRANSGENDER IDENTITY to be secure and protected from fear, intimidation, harassment, and physical harm caused by the activities of individuals and groups. The general assembly NOTE: This bill has been prepared for the signatures of the appropriate legislative officers and the Governor. To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws. ________ Capital letters or bold & italic numbers indicate new material added to existing law; dashes through words or numbers indicate deletions from existing law and such material is not part of the act. further finds that the advocacy of unlawful acts against persons or groups because of a person's or group's race, color, ancestry, religion, national origin, physical or mental disability, or sexual orientation, OR TRANSGENDER IDENTITY for the purpose of inciting and provoking bodily injury or damage to property poses a threat to public order and safety and should be subject to criminal sanctions. (2) A person commits a bias-motivated crime if, with the intent to intimidate or harass another person, in whole or in part, because of that person's actual or perceived race; color; religion; ancestry; national origin; physical or mental disability; or sexual orientation; he or she OR TRANSGENDER IDENTITY THE PERSON: (5) For purposes of this section: (b) "Sexual orientation" means a person's actual or perceived orientation toward heterosexuality, homosexuality, bisexuality, or transgender status A PERSON'S ORIENTATION TOWARD SEXUAL OR EMOTIONAL ATTRACTION AND THE BEHAVIOR OR SOCIAL AFFILIATION THAT MAY RESULT FROM THE ATTRACTION. SECTION 2. In Colorado Revised Statutes, 18-9-111, amend (2)(a) as follows: 18-9-111. Harassment - Kiana Arellano's Law. (2) (a) A person who violates subsection (1)(a) or (1)(c) of this section or violates any provision of subsection (1) of this section with the intent to intimidate or harass another person, in whole or in part, because of that person's actual or perceived race; color; religion; ancestry; national origin; physical or mental disability, as defined in section 18-9-121; (5)(a); or sexual orientation, as defined in section 18-9-121; (5)(b), OR TRANSGENDER IDENTITY commits a class 1 misdemeanor. SECTION 3. In Colorado Revised Statutes, 18-1-901, add (3)(r.5) as follows: 18-1-901. Definitions. (3) (r.5) "TRANSGENDER IDENTITY" MEANS IDENTITY BASED ON AN INDIVIDUAL'S GENDER IDENTITY OR EXPRESSION BEING DIFFERENT FROM THAT TYPICALLY ASSOCIATED WITH THEIR SEX AT BIRTH. PAGE 2-SENATE BILL 24-189 SECTION 4. Effective date - applicability. This act takes effect July 1, 2024, and applies to offenses committed on or after said date. SECTION 5. Safety clause. The general assembly finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, or safety or for appropriations for the support and maintenance of the departments of the state and state institutions. ____________________________ ____________________________ Steve Fenberg Julie McCluskie PRESIDENT OF SPEAKER OF THE HOUSE THE SENATE OF REPRESENTATIVES ____________________________ ____________________________ Cindi L. Markwell Robin Jones SECRETARY OF CHIEF CLERK OF THE HOUSE THE SENATE OF REPRESENTATIVES APPROVED________________________________________ (Date and Time) _________________________________________ Jared S. Polis GOVERNOR OF THE STATE OF COLORADO PAGE 3-SENATE BILL 24-189