CO SB008

Increases penalty for criminal pollution of state waters committed with criminal negligence or recklessness from a maximum daily fine of $12,500 to a misdemeanor punishable by a maximum fine of $25,000, imprisonment up to one year, or both.

Increases penalty for criminal pollution committed knowingly or intentionally from a maximum daily fine of $25,000 to a class 5 felony punishable by a maximum fine of $50,000, imprisonment up to three years, or both.

Elevates violations involving false statements or tampering with water quality monitoring devices from misdemeanor to class 5 felony charges, with doubled penalties for a second offense within two years.

Requires that prosecutions be commenced upon request by the division or peace officer who must present evidence based on reasonable suspicion to the attorney general or district attorney, with no charges without probable cause.

Takes effect August 5, 2020, unless subject to referendum petition, in which case it requires voter approval at the November 2020 general election and applies only to offenses committed on or after the effective date.