Full Statute Name:  West's Colorado Revised Statutes Annotated. Title 18. Criminal Code. Article 13. Miscellaneous Offenses; Title 24. Government—State. Principal Departments. Article 34. Department of Regulatory Agencies. Part 8. Persons with Disabilities--Civil Rights; Title 42. Vehicles and Traffic. Regulation of Vehicles and Traffic. Article 4. Regulation of Vehicles and Traffic. Part 8. Pedestrians.

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Primary Citation:  C. R. S. A. § 18-13-107; § 24-34-301; § 24-34-801 - 804; § 42-4-808; § 18-1.3-602; § 18-9-202 Country of Origin:  United States Last Checked:  March, 2015 Alternate Citation:  CO ST § 18-13-107; § 24-34-801 - 804; § 42-4-808; § 18-1.3-602; § 18-9-202
Summary:

The following statutes comprise the state's relevant assistance animal and guide dog laws.

Statute Text: 

West's Colorado Revised Statutes Annotated. Title 18. Criminal Code. Article 13. Miscellaneous Offenses.

§ 18-13-107 . Interference with persons with disabilities

Title 24. Government--State Principal Departments - Article 34. Department of Regulatory Agencies - Part 3. Colorado Civil Rights Division--Commission--Procedures

§ 24-34-301. Definitions

Title 24. Government—State. Principal Departments. Article 34. Department of Regulatory Agencies. Part 8. Persons with Disabilities--Civil Rights

§ 24-34-801 . Legislative declaration

§ 24-34-802 . Violation--penalty

§ 24-34-803 . Rights of persons with assistance dogs

§ 24-34-804 . Violations--penalties

Title 42. Vehicles and Traffic. Regulation of Vehicles and Traffic. Article 4. Regulation of Vehicles and Traffic. Part 8. Pedestrians.

§ 42-4-808 . Drivers and pedestrians, other than persons in wheelchairs, to yield to persons with disabilities

West's Colorado Revised Statutes Annotated. Title 18. Criminal Code. Article 1.3. Sentencing in Criminal Cases. Part 6. Restitution.

§ 18-1.3-602 . Definitions (definition of service animal for cruelty laws in c(II)(3.5)).

§ 18-9-202 . Cruelty to animals--aggravated cruelty to animals--cruelty to a service animal--restitution (for cruelty to service animals see subsection 1(c)).

 

 

West's Colorado Revised Statutes Annotated. Title 18. Criminal Code. Article 13. Miscellaneous Offenses. 

§ 18-13-107. Interference with persons with disabilities

(1) A person shall not falsely impersonate an individual with a disability, as that term is defined in section 24-34-301(5.6), C.R.S.

(2) Repealed by Laws 1982, S.B.31, § 4.

(3) A person shall not knowingly deny an individual with a disability, as defined in section 24-34-301(5.6), C.R.S., any right or privilege protected in section 24-34-502, 24-34-502.2, 24-34-601, 24-34-802(1), or 24-34-803, C.R.S.

(4) Violation of the provisions of subsection (1) of this section is a class 1 petty offense. Violation of the provisions of subsection (3) of this section is a class 3 misdemeanor.

Credits

Amended by Laws 1982, S.B.31, §§ 2, 4; Laws 1993, S.B.93-242, § 22, eff. July 1, 1993; Laws 1995, S.B.95-29, § 4; Laws 2014, Ch. 250, § 14, eff. Aug. 6, 2014.

 

Title 24. Government--State Principal Departments - Article 34. Department of Regulatory Agencies - Part 3. Colorado Civil Rights Division--Commission--Procedures

§ 24-34-301. Definitions

As used in parts 3 to 8 of this article, unless the context otherwise requires:

(1) “Age” means a chronological age of at least forty years.

(1.1) “Agency” or “state agency” means any board, bureau, commission, department, institution, division, section, or officer of the state.

(1.5) “Commission” means the Colorado civil rights commission created in section 24-34-303.

(1.6) “Commissioner” means a member of the Colorado civil rights commission.

(2) “Director” means the director of the Colorado civil rights division, which office is created in section 24-34-302.

(2.5) “Disability” has the same meaning as set forth in the federal “Americans with Disabilities Act of 1990”, 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations.

(3) “Division” means the Colorado civil rights division, created in section 24-34-302.

(4) Deleted by Laws 1993, S.B.93-242, § 59, eff. July 1, 1993.

(4.1) “Housing” means a building, structure, vacant land, or part thereof offered for sale, lease, rent, or transfer of ownership; except that “housing” does not include any room offered for rent or lease in a single-family dwelling maintained and occupied in part by the owner or lessee of said dwelling as his or her household.

(4.2) “Housing accommodations” means any real property or portion thereof that is used or occupied, or intended, arranged, or designed to be used or occupied, as the home, residence, or sleeping place of one or more persons but does not include any single family residence, the occupants of which rent, lease, or furnish for compensation not more than one room in that residence.

(4.5) “Marital status” means a relationship or a spousal status of an individual, including but not limited to being single, cohabitating, engaged, widowed, married, in a civil union, or legally separated, or a relationship or a spousal status of an individual who has had or is in the process of having a marriage or civil union dissolved or declared invalid.

(5)(a) “Person” means one or more individuals, limited liability companies, partnerships, associations, corporations, legal representatives, trustees, receivers, or the state of Colorado and all of its political subdivisions and agencies.

(b) For the purposes of part 5 of this article, “person” does not include any private club not open to the public, which as an incident to its primary purpose or purposes provides lodgings that it owns or operates for other than a commercial purpose, unless such club has the purpose of promoting discrimination in the matter of housing against any person because of disability, race, creed, color, religion, sex, sexual orientation, marital status, familial status, national origin, or ancestry.

(5.3) “Place of public accommodation” or “public accommodation” has the same meaning as set forth in Title III of the federal “Americans with Disabilities Act of 1990”, 42 U.S.C. sec. 12181(7), and its related amendments and implementing regulations.

(5.4) “Public entity” has the same meaning as set forth in Title II of the federal “Americans with Disabilities Act of 1990”, 42 U.S.C. sec. 12131, and its related amendments and implementing regulations.

(5.5) “Public transportation service” means a common carrier of passengers or any other means of public conveyance or modes of transportation, including but not limited to airplanes, motor vehicles, railroad trains, motor buses, streetcars, boats, or taxis.

(5.6) “Qualified individual with a disability” or “individual with a disability” has the same meaning as set forth in the federal “Americans with Disabilities Act of 1990”, 42 U.S.C. sec. 12131, and its related amendments and implementing regulations.

(6) “Respondent” means any person, agency, organization, or other entity against whom a charge is filed pursuant to any of the provisions of parts 3 to 8 of this article.

(6.5) “Service animal” has the same meaning as set forth in the implementing regulations of Title II and Title III of the federal “Americans with Disabilities Act of 1990”, 42 U.S.C. sec. 12101 et seq.

(7) “Sexual orientation” means an individual's orientation toward heterosexuality, homosexuality, bisexuality, or transgender status or another individual's perception thereof.

(8) “Trainer of a service animal” means a person who individually trains a service animal.

Credits
Repealed and reenacted by Laws 1979, H.B.1355, § 3. Amended by Laws 1986, S.B.23, §§ 1, 2; Laws 1989, S.B.13, § 1; Laws 1990, S.B.90-74, § 13, eff. April 18, 1990; Laws 1992, H.B.92-1315, § 1, eff. July 1, 1992; Laws 1993, S.B.93-242, § 59, eff. July 1, 1993; Laws 2008, Ch. 341, § 2, eff. May 29, 2008; Laws 2013, Ch. 49, § 26, eff. May 1, 2013; Laws 2013, Ch. 168, § 3, eff. Aug. 7, 2013; Laws 2014, Ch. 250, § 1, eff. Aug. 6, 2014.

 

Title 24. Government—State. Principal Departments. Article 34. Department of Regulatory Agencies. Part 8. Persons with Disabilities--Civil Rights

§ 24-34-801. Legislative declaration

(1) The general assembly declares that it is the policy of the state:

(a) To encourage and enable individuals who are visually or hearing impaired or individuals with a disability to participate fully in social, employment, and educational opportunities, as well as other activities in our state on the same terms and conditions as individuals without a disability;

(b) That individuals who are visually or hearing impaired or individuals with a disability have the same rights as individuals without a disability to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities, and other public places;

(c) That individuals who are visually or hearing impaired or individuals with a disability are entitled to full and equal housing accommodations, facilities, and privileges of all common carriers, airplanes, motor vehicles, trains, motor buses, streetcars, boats, or any other public conveyances or modes of transportation, hotels, motels, lodging places, places of public accommodation, amusement, or resort, and other places to which the general public is invited, including restaurants and grocery stores; and

(d) That individuals who are visually or hearing impaired or individuals with a disability must not be excluded, by reason of his or her disability, from participation in or be denied the benefits of the services, programs, or activities of any public entity or be subject to discrimination by any public entity.

(2) Repealed by Laws 1995, S.B.95-29, § 1.

Credits

Repealed and reenacted by Laws 1979, H.B.1355, § 3. Amended by Laws 1986, S.B.68, § 1; Laws 1989, H.B.1207, § 1; Laws 1993, S.B.93-242, § 68, eff. July 1, 1993; Laws 1995, S.B.95-29, § 1; Laws 2014, Ch. 250, § 10, eff. Aug. 6, 2014.

 

§ 24-34-802. Violation--penalty

(1) It is a discriminatory practice and unlawful for any person to discriminate against any individual or group because such person or group has opposed any practice made a discriminatory practice based on disability pursuant to part 5, 6, or 8 of this article, or because such person or group has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing conducted pursuant to part 5, 6, or 8 of this article.

(2)(a) A qualified individual with a disability, as defined in section 24-34-301(5.6), who is subject to a violation of subsection (1) of this section or of section 24-34-502, 24-34-502.2, 24-34-601, or 24-34-803 based on his or her disability may bring a civil suit in a court of competent jurisdiction and is entitled to any of the following remedies:

(I) A court order requiring compliance with the provisions of the applicable section;

(II) The recovery of actual monetary damages; or

(III) A statutory fine not to exceed three thousand five hundred dollars.

(b) For a claim brought pursuant to paragraph (a) of this subsection (2) for a construction-related accessibility violation, the violation must be considered a single incident and not as separate violations for each day the construction-related accessibility violation exists.

(c)(I) A small business defendant is entitled to a fifty percent reduction in a statutory fine assessed pursuant to subparagraph (III) of paragraph (a) of this subsection (2) if it corrects the accessibility violation within thirty days after the filing of the complaint. The fifty percent reduction in a statutory fine does not apply, however, if the defendant knowingly or intentionally made or caused to have made the access barrier that caused the accessibility violation.

(II) For purposes of this paragraph (c), “small business” means an employer with twenty-five or fewer employees and no more than three million five hundred thousand dollars in annual gross income.

(III) Nothing in this paragraph (c) may be interpreted to result in a reduction in actual monetary damages awarded pursuant to subparagraph (II) of paragraph (a) of this subsection (2).

(3) An award of attorney fees and costs pursuant to section 24-34-505.6(6)(b) applies to claims brought pursuant to this section.

(4) A court that hears civil suits pursuant to this section shall apply the same standards and defenses that are available under the federal “Americans with Disabilities Act of 1990”, 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations.

Credits

Repealed and reenacted by Laws 1979, H.B.1355, § 3. Amended by Laws 1995, S.B.95-29, § 2. Repealed and reenacted by Laws 2014, Ch. 250, § 11, eff. Aug. 6, 2014.

 

§ 24-34-803. Rights of persons with assistance dogs

(1) A qualified individual with a disability has the right to be accompanied by a service animal individually trained for that individual without being required to pay an extra charge for the service animal in or on the following places or during the following activities and subject to the conditions and limitations established by law and applicable alike to all individuals:

(a) Any place of employment, housing, or public accommodation;

(b) Any programs, services, or activities conducted by a public entity;

(c) Any public transportation service; or

(d) Any other place open to the public.

(2) A trainer of a service animal, or an individual with a disability accompanied by an animal that is being trained to be a service animal, has the right to be accompanied by the service animal in training without being required to pay an extra charge for the service animal in training in or on the following places or during the following activities:

(a) Any place of employment, housing, or public accommodation;

(b) Any programs, services, or activities conducted by a public entity;

(c) Any public transportation service; or

(d) Any other place open to the public.

(3)(a) An employer shall allow an employee with a disability who is accompanied by a service animal to keep the employee's service animal with the employee at all times in the place of employment. An employer shall not fail or refuse to hire or discharge any individual with a disability, or otherwise discriminate against any individual with a disability, with respect to compensation, terms, conditions, or privileges of employment because that individual with a disability is accompanied by a service animal individually trained for that individual.

(b) An employer shall make reasonable accommodation to make the workplace accessible for an otherwise qualified individual with a disability who is an applicant or employee and who is accompanied by a service animal individually trained for that individual unless the employer can show that the accommodation would impose an undue hardship on the employer's business. For purposes of this paragraph (b), “undue hardship” and “reasonable accommodation” have the same meaning as set forth in Title I of the federal “Americans with Disabilities Act of 1990”, 42 U.S.C. sec 12101 et seq., and its related amendments and implementing regulations.

(4) The owner or individual with a disability who has control or custody of a service animal or the trainer of a service animal is liable for any damage to persons, premises, or facilities, including places of housing, places of public accommodation, and places of employment, caused by that individual's service animal or service animal in training. The individual who has control or custody of a service animal or a service animal in training is subject to the provisions of section 18-9-204.5, C.R.S.

(5) An individual with a disability who owns a service animal is exempt from any state or local licensing fees or charges that might otherwise apply in connection with owning a similar animal.

(6) The mere presence of a service animal in a place of public accommodation is not grounds for any violation of a sanitary standard, rule, or regulation promulgated pursuant to section 25-4-1604, C.R.S.

Credits

Added by Laws 1995, S.B.95-29, § 3. Amended by Laws 2013, Ch. 316, § 62, eff. Aug. 7, 2013. Repealed and reenacted by Laws 2014, Ch. 250, § 12, eff. Aug. 6, 2014.

 

§ 24-34-804. Violations--penalties

(1) It is unlawful for any person, firm, corporation, or agent of any person, firm, or corporation to:

(a) Withhold, deny, deprive, or attempt to withhold, deny, or deprive a qualified individual with a disability who is accompanied by a service animal or a trainer of a service animal of any of the rights or privileges secured in section 24-34-803;

(b) Threaten to interfere with any of the rights of a qualified individual with a disability who is accompanied by a service animal or a trainer of a service animal secured in section 24-34-803;

(c) Punish or attempt to punish a qualified individual with a disability who is accompanied by a service animal or a trainer of a service animal for exercising or attempting to exercise any right or privilege secured by section 24-34-803; or

(d) Interfere with, injure, or harm, or cause another dog to interfere with, injure, or harm, a service animal.

(2) Any person who violates any provision of subsection (1) of this section commits a class 3 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.

(3)(a)(I) Except as provided for in subparagraphs (II) and (III) of this paragraph (a), a person who violates any provision of subsection (1) of this section is liable to the qualified individual with a disability who is accompanied by a service animal or a trainer of a service animal whose rights were affected for the penalties provided in section 24-34-802.

(II) A person who willfully or wantonly causes harm to a service animal or a service animal in training is liable to the legal owner of the service animal or service animal in training for treble the amount of actual damages.

(III) The legal owner of an animal that is willfully or wantonly allowed to cause harm to a service animal or a service animal in training is liable to the legal owner of the service animal or service animal in training for treble the amount of actual damages.

(b) In any action commenced pursuant to this subsection (3), a court may award costs and reasonable attorney fees.

(c) An animal care or control agency is exempt from the provisions of this subsection (3) if, after a good faith effort, the agency is unaware that the animal is a service animal.

(4) Nothing in this section is intended to interfere with remedies or relief that any person might be entitled to pursuant to parts 3 to 7 of this article.

Credits

Added by Laws 1995, S.B.95-29, § 3. Amended by Laws 2002, Ch. 318, § 254, eff. Oct. 1, 2002; Laws 2014, Ch. 250, § 13, eff. Aug. 6, 2014.

 

Title 42. Vehicles and Traffic. Regulation of Vehicles and Traffic. Article 4. Regulation of Vehicles and Traffic. Part 8. Pedestrians.

§ 42-4-808. Drivers and pedestrians, other than persons in wheelchairs, to yield to persons with disabilities.

(1) Any pedestrian, other than a person in a wheelchair, or any driver of a vehicle who approaches an individual who has an obviously apparent disability shall immediately come to a full stop and take such precautions before proceeding as are necessary to avoid an accident or injury to said individual. A disability shall be deemed to be obviously apparent if, by way of example and without limitation, the individual is using a mobility device, is assisted by a service animal, as defined in section 24-34-301, C.R.S., is being assisted by another person, or is walking with an obvious physical impairment. Any person who violates any provision of this section commits a class A traffic offense.

(2) The department has no authority to assess any points under section 42-2-127 to any pedestrian who is convicted of a violation of subsection (1) of this section.

Credits

Added by Laws 1994, S.B.94-1, § 1, eff. Jan. 1, 1995. Amended by Laws 1995, S.B.95-29, § 5; Laws 2014, Ch. 250, § 26, eff. Aug. 6, 2014.

 

West's Colorado Revised Statutes Annotated. Title 18. Criminal Code. Article 1.3. Sentencing in Criminal Cases. Part 6. Restitution

§ 18-1.3-602. Definitions

As used in this part 6, unless the context otherwise requires:

(1) “Collections investigator” means a person employed by the judicial department whose primary responsibility is to administer, enforce, and collect on court orders or judgments entered with respect to fines, fees, restitution, or any other accounts receivable of the court, judicial district, or judicial department.

(2) “Conviction” means a verdict of guilty by a judge or jury or a plea of guilty or nolo contendere that is accepted by the court for a felony, misdemeanor, petty offense, or traffic misdemeanor offense, or adjudication for an offense that would constitute a criminal offense if committed by an adult. “Conviction” also includes having received a deferred judgment and sentence or deferred adjudication; except that a person shall not be deemed to have been convicted if the person has successfully completed a deferred sentence or deferred adjudication.

(2.3) “Money advanced by a governmental agency for a service animal” means costs incurred by a peace officer, law enforcement agency, fire department, fire protection district, or governmental search and rescue agency for the veterinary treatment and disposal of a service animal that was harmed while aiding in official duties and for the training of an animal to become a service animal to replace a service animal that was harmed while aiding in official duties, as applicable.

(2.5) Repealed by Laws 2004, Ch. 255, § 27, eff. May 21, 2004.

(3)(a) “Restitution” means any pecuniary loss suffered by a victim and includes but is not limited to all out-of-pocket expenses, interest, loss of use of money, anticipated future expenses, rewards paid by victims, money advanced by law enforcement agencies, money advanced by a governmental agency for a service animal, adjustment expenses, and other losses or injuries proximately caused by an offender's conduct and that can be reasonably calculated and recompensed in money. “Restitution” does not include damages for physical or mental pain and suffering, loss of consortium, loss of enjoyment of life, loss of future earnings, or punitive damages.

(b) “Restitution” may also include extraordinary direct public and all private investigative costs.

(c)(I) “Restitution” shall also include all costs incurred by a government agency or private entity to:

(A) Remove, clean up, or remediate a place used to manufacture or attempt to manufacture a controlled substance or which contains a controlled substance or which contains chemicals, supplies, or equipment used or intended to be used in the manufacturing of a controlled substance;

(B) Store, preserve, or test evidence of a controlled substance violation; or

(C) Sell and provide for the care of and provision for an animal disposed of under the animal cruelty laws in accordance with part 2 of article 9 of this title or article 42 of title 35, C.R.S.

(II) Costs under this paragraph (c) shall include, but are not limited to, overtime wages for peace officers or other government employees, the operating expenses for any equipment utilized, and the costs of any property designed for one-time use, such as protective clothing.

(d) “Restitution” shall also include costs incurred by a governmental agency or insurer that provides medical benefits, health benefits, or nonmedical support services directly related to a medical or health condition to a victim for losses or injuries proximately caused by an offender's conduct, including but not limited to costs incurred by medicaid and other care programs for indigent persons.

(3.5) “Service animal” means any animal, the services of which are used to aid the performance of official duties by a peace officer, law enforcement agency, fire department, fire protection district, or governmental search and rescue agency.

(4)(a) “Victim” means any person aggrieved by the conduct of an offender and includes but is not limited to the following:

(I) Any person against whom any felony, misdemeanor, petty, or traffic misdemeanor offense has been perpetrated or attempted;

(II) Any person harmed by an offender's criminal conduct in the course of a scheme, conspiracy, or pattern of criminal activity;

(III) Any person who has suffered losses because of a contractual relationship with, including but not limited to an insurer, or because of liability under section 14-6-110, C.R.S., for a person described in subparagraph (I) or (II) of this paragraph (a);

(IV) Any victim compensation board that has paid a victim compensation claim;

(V) If any person described in subparagraph (I) or (II) of this paragraph (a) is deceased or incapacitated, the person's spouse, parent, legal guardian, natural or adopted child, child living with the victim, sibling, grandparent, significant other, as defined in section 24-4.1-302(4), C.R.S., or other lawful representative;

(VI) Any person who had to expend resources for the purposes described in paragraphs (b), (c), and (d) of subsection (3) of this section.

(b) “Victim” shall not include a person who is accountable for the crime or a crime arising from the same conduct, criminal episode, or plan as defined under the law of this state or of the United States.

(c) Any “victim” under the age of eighteen is considered incapacitated, unless that person is legally emancipated or the court orders otherwise.

(d) It is the intent of the general assembly that this definition of the term “victim” shall apply to this part 6 and shall not be applied to any other provision of the laws of the state of Colorado that refers to the term “victim”.

(e) Notwithstanding any other provision of this section, “victim” includes a person less than eighteen years of age who has been trafficked by an offender, as described in section 18-3-503 or 18-3-504.

Credits

Relocated and amended by Laws 2002, Ch. 318, § 2, eff. Oct. 1, 2002. Amended by Laws 2003, Ch. 151, § 2, eff. Sept. 1, 2003; Laws 2004, Ch. 255, § 27, eff. May 21, 2004; Laws 2005, Ch. 46, § 1, eff. July 1, 2005; Laws 2005, Ch. 321, §§ 1, 2, eff. July 1, 2005; Laws 2006, Ch. 195, § 4, eff. Aug. 7, 2006; Laws 2012, Ch. 174, § 8, eff. Aug. 8, 2012; Laws 2013, Ch. 272, § 7, eff. July 1, 2013; Laws 2014, Ch. 282, § 16, eff. July 1, 2014.

 

§ 18-9-202. Cruelty to animals--aggravated cruelty to animals--cruelty to a service animal--restitution

(1)(a) A person commits cruelty to animals if he or she knowingly, recklessly, or with criminal negligence overdrives, overloads, overworks, torments, deprives of necessary sustenance, unnecessarily or cruelly beats, allows to be housed in a manner that results in chronic or repeated serious physical harm, carries or confines in or upon any vehicles in a cruel or reckless manner, engages in a sexual act with an animal, or otherwise mistreats or neglects any animal, or causes or procures it to be done, or, having the charge or custody of any animal, fails to provide it with proper food, drink, or protection from the weather consistent with the species, breed, and type of animal involved, or abandons an animal.

(b) Any person who intentionally abandons a dog or cat commits the offense of cruelty to animals.

(1.5)(a) A person commits cruelty to animals if he or she recklessly or with criminal negligence tortures, needlessly mutilates, or needlessly kills an animal.

(b) A person commits aggravated cruelty to animals if he or she knowingly tortures, needlessly mutilates, or needlessly kills an animal.

(c) A person commits cruelty to a service animal if he or she violates the provisions of subsection (1) of this section with respect to a service animal as defined in section 18-1.3-602(3.5), whether the service animal is on duty or not on duty.

(1.6) As used in this section, unless the context otherwise requires:

(a) “Serious physical harm” means any of the following:

(I) Any physical harm that carries a substantial risk of death;

(II) Any physical harm that causes permanent maiming or that involves some temporary, substantial maiming; or

(III) Any physical harm that causes acute pain of a duration that results in substantial suffering.

(1.8) A peace officer having authority to act under this section may take possession of and impound an animal that the peace officer has probable cause to believe is a victim of a violation of subsection (1) or (1.5) of this section or is a victim of a violation of section 18-9-204 and as a result of the violation is endangered if it remains with the owner or custodian. If, in the opinion of a licensed veterinarian, an animal impounded pursuant to this subsection (1.8) is experiencing extreme pain or suffering, or is severely injured past recovery, severely disabled past recovery, or severely diseased past recovery, the animal may be euthanized without a court order.

(2)(a) Except as otherwise provided in paragraph (b) of this subsection (2), cruelty to animals is a class 1 misdemeanor.

(a.5)(I) Repealed by Laws 2000, Ch. 282, § 2, eff. July 1, 2005.

(II) In addition to any other sentence imposed for a violation of this section, the court may order an offender to complete an anger management treatment program or any other appropriate treatment program.

(III) The court shall order an evaluation to be conducted prior to sentencing to assist the court in determining an appropriate sentence. The person ordered to undergo an evaluation shall be required to pay the cost of the evaluation, unless the person qualifies for a public defender, then the cost will be paid by the judicial district. If the evaluation results in a recommendation of treatment and if the court so finds, the person shall be ordered to complete an anger management treatment program or any other treatment program that the court may deem appropriate.

(IV) Upon successful completion of an anger management treatment program or any other treatment program deemed appropriate by the court, the court may suspend any fine imposed, except for a five hundred dollar mandatory minimum fine which shall be imposed at the time of sentencing.

(V) In addition to any other sentence imposed upon a person for a violation of any criminal law under this title, any person convicted of a second or subsequent conviction for any crime, the underlying factual basis of which has been found by the court to include an act of cruelty to animals, shall be required to pay a mandatory minimum fine of one thousand dollars and shall be required to complete an anger management treatment program or any other appropriate treatment program.

(VI) Nothing in this paragraph (a.5) shall preclude the court from ordering treatment in any appropriate case.

(VII) This paragraph (a.5) does not apply to the treatment of pack or draft animals by negligently overdriving, overloading, or overworking them, or the treatment of livestock and other animals used in the farm or ranch production of food, fiber, or other agricultural products when such treatment is in accordance with accepted agricultural animal husbandry practices, the treatment of animals involved in activities regulated pursuant to article 60 of title 12, C.R.S., the treatment of animals involved in research if such research facility is operating under rules set forth by the state or federal government, the treatment of animals involved in rodeos, the treatment of dogs used for legal hunting activities, wildlife nuisances, or to statutes regulating activities concerning wildlife and predator control in the state, including trapping.

(b)(I) A second or subsequent conviction under the provisions of paragraph (a) of subsection (1) of this section is a class 6 felony. A plea of nolo contendere accepted by the court shall be considered a conviction for the purposes of this section.

(II) In any case where the court sentences a person convicted of a class 6 felony under the provisions of this paragraph (b) to probation, the court shall, in addition to any other condition of probation imposed, order that:

(A) The offender, pursuant to section 18-1.3-202(1), be committed to the county jail for ninety days; or

(B) The offender, pursuant to section 18-1.3-105(3), be subject to home detention for no fewer than ninety days.

(III) In any case where an offender is committed to the county jail or placed in home detention pursuant to subparagraph (II) of this paragraph (b), the court shall enter judgment against the offender for all costs assessed pursuant to section 18-1.3-701, including, but not limited to, the cost of care.

(c) Aggravated cruelty to animals is a class 6 felony; except that a second or subsequent conviction for the offense of aggravated cruelty to animals is a class 5 felony. A plea of nolo contendere accepted by the court shall be considered a conviction for purposes of this section.

(d) If a person is convicted of cruelty to a service animal pursuant to paragraph (c) of subsection (1.5) of this section, he or she shall be ordered to make restitution to the agency or individual owning the animal for any veterinary bills and replacement costs of the animal if it is disabled or killed as a result of the cruelty to animals incident.

(2.5) It shall be an affirmative defense to a charge brought under this section involving injury or death to a dog that the dog was found running, worrying, or injuring sheep, cattle, or other livestock.

(3) Nothing in this part 2 modifies in any manner the authority of the parks and wildlife commission, as established in title 33, C.R.S., or prohibits any conduct authorized or permitted under title 33, C.R.S.

CREDIT(S)

Amended by Laws 1977, H.B.1654, § 58; Laws 1990, H.B.90-1234, § 5, eff. July 1, 1990; Laws 1992, H.B.92-1155, § 1, eff. April 29, 1992; Laws 1997, H.B.97-1181, § 2, eff. July 1, 1997; Laws 2000, Ch. 282, § 2, eff. Sept. 1, 2000; Laws 2000, Ch. 317, § 1, eff. Sept. 1, 2000; Laws 2002, Ch. 318, § 204, eff. Oct. 1, 2002; Laws 2002, Ch. 322, §§ 22, 25, 26, eff. July 1, 2002; Laws 2003, Ch. 134, § 9, eff. April 17, 2003; Laws 2003, Ch. 199, § 30, eff. July 1, 2003; Laws 2003, Ch. 330, § 2, eff. July 1, 2003; Laws 2004, Ch. 168, § 2, eff. April 21, 2004; Laws 2007, Ch. 197, § 5, eff. July 1, 2007; Laws 2011, Ch. 81, §§ 2, 3, eff. Aug. 10, 2011; Laws 2012, Ch. 248, § 5, eff. June 4, 2012.

 

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