HB 20-1148 Summary

• Adds provisions to Section 18-8-610.5 to prohibit conviction for both tampering with a deceased human body and abuse of a corpse arising from a single incident; requires courts to proceed under Section 18-1-408 if defendant is charged with both offenses.

• Upgrades abuse of a corpse from a Class 2 misdemeanor to a Class 6 felony under Section 18-13-101.

• Adds double jeopardy protections under Section 18-13-101(3) preventing conviction for both abuse of a corpse and tampering with a deceased human body from the same incident.

• Extends statute of limitations for both tampering with a deceased human body and abuse of a corpse to begin running upon discovery of the criminal act under Section 16-5-401.

• Takes effect August 5, 2020, subject to referendum petition provisions; Section 3 applies retroactively to offenses committed before the effective date if the statute of limitations has not expired.