HB 19-1250 Summary

• Creates new offense of "unlawful sexual conduct by a peace officer" (C.R.S. 18-3-405.7) criminalizing sexual contact, intrusion, or penetration by a peace officer when contacting victim for law enforcement purposes, using knowledge of active investigation, or displaying authority.

• Classifies unlawful sexual conduct as Class 4 felony for sexual contact and Class 3 felony for sexual intrusion or penetration; explicitly states victim consent is not a defense.

• Exempts lawful searches from the new offense provisions.

• Designates unlawful sexual conduct by a peace officer as a sex offense under multiple statutory sections (16-11.7-102, 16-22-102, 18-1.3-1003) and subjects violators to intensive supervision probation requirements.

• Appropriates $178,471 from capital construction fund for 2019-20 fiscal year and $39,701-$43,916 annually from general fund through 2023-24 for implementation; section repeals July 1, 2024.