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Second Regular Session Seventy-first General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO.
HB1252_S_ED.001 NOT AMENDED SENATE COMMITTEE OF REFERENCE REPORT _______________________________ April 19, 2018 Chairman of Committee Date Committee on Education .
18-0950.01 Conrad Imel x2313 HOUSE BILL 18-1252 HOUSE SPONSORSHIP Roberts and Wilson, SENATE SPONSORSHIP Priola, House Committees Senate Committees Education A BILL FOR AN ACT C ONCERNING UNLAWFUL SALE OF ACADEMIC MATERIALS FOR SUBMISSION TO AN INSTITUTION OF HIGHER EDUCATION .
After consideration on the merits, the Committee recommends the following:
Bill Summary (Note:
HB18-1252 be referred to the Committee of the Whole with favorable recommendation.
This summary applies to this bill as introduced and does notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill e n passes third reading in the house of introduction, a bill summary that m 8 applies to the reengrossed version of this bill will be available at E n 0 U U , http://leg.colorado.gov.) O i i H a p Thebillcreatestheoffenseofunlawfulsaleofacademicmaterials R A r for submission to an institution of higher education.
** *** ** *** ** *HB1252_S_ED.001*
A person commits 3 unlawful sale of academic materials for submission to an institution of higher education when he or she sells or offers to sell an academic assignment, or sells or offers to sell assistance on an academic i 8 a 0 assignment, to another person knowing, or having reason to know, that E e , U d 2 O 2 h Shading denotes HOUSE amendment.
Double underlining denotes SENATE amendment.
H d a Capital letters or bold & italic numbers indicate new material to be added to existing statude.M Dashes through the words indicate deletions from existing statute.
e A the assignment is intended to be submitted under a student's name to fulfill the requirements for a degree, diploma, certificate, or course of study at any institution of higher education.
A person also commits the offense when he or she sells or offers to sell the answers to an online exam administered by a institution of higher education or sells or offers to sell a service that completes such an exam on behalf of a student.
Unlawful sale of academic materials for submission to an institution of higher education is a class 3 misdemeanor.
Be it enacted by the General Assembly of the State of Colorado:
SECTION1.
InColoradoRevisedStatutes,repealandreenact, with amendments, 23-4-102 as follows:
23-4-102.
Definitions.
S USED IN THIS ARTICL4,UNLESS THE CONTEXT OTHERWISE REQUIRES :
(1) "ASSIGNMENT " MEANS ANY SPECIFIC WRITTEN ,RECORDED , PICTORIAL ,ARTISTIC,OR OTHER ACADEMIC TASK ,INCLUDING BUT NOT LIMITED TO A TERM PAPER , THESIS,DISSERTATION, ESSAY, OR REPORT INTENDED FOR SUBMISSION TO ANY INSTITUTION OF HIGHER EDUCATION IN FULFILLMENT OF THE REQUIREMENTS FOR A DEGREE , DIPLOMA , CERTIFICATE ,OR COURSE OF STUDY.
(2) "E NTITY" MEANS A PARTNERSHIP , CORPORATION , OR ASSOCIATION .
(3) "NSTITUTION OF HIGHER EDUCATION " MEANS A STATE INSTITUTION OF HIGHER EDUCATION AS DEFINED IN SECTION 23-18-102 (10)(a),A LOCAL DISTRICT COLLEGE ,AN AREA TECHNICAL COLLEGE ,A TECHNICAL COLLEGE , AND ANY NONPUBLIC INSTITUTION OF HIGHER EDUCATION AS DEFINED IN SECTION 23-3.7-102 (3).
(4) "REPARE "MEANSTOPUTINTOCONDITIONFORINTENDEDUSE .
"P REPARE"DOESNOTINCLUDETHEMEREFURNISHINGOFINFORMATIONOR RESEARCH .
-2- 1252 (5) "SALE "OR "SELL "MEANS ANY TRANSFER ,EXCHANGE ,OR BARTER , IN ANY MANNER , FOR ANY CONSIDERATION ,OR BY ANY AGREEMENT .
SECTION 2.
In Colorado Revised Statutes, amend 23-4-103 as follows:
23-4-103.
Preparation, sale, and distribution of academic materials - advertising.
(1) No A persOR ENTITY shalNOT prepare, offer to prepare, cause to be prepared, sell, or distribute any term paper, thesis, dissertation, or other written maASSIGNMENT for another person for a fee or other compensation with the knowledge, or under circumstances in which heOR SHE should reasonably have known, that such term paper, thesis, dissertation, or other written material ASSIGNMENT is to be submitted by any other person for academic credit at any public or private college, university, or other institution of higher education in this state.
(1.5) APERSON OR ENTITY SHALL NOT PREPARE ,SELL,OR OFFER TO SELL TO ANOTHER PERSON A DOCUMENT OR SERVICE THAT PROVIDES ANSWERSFOR ,ORCOMPLETESONBEHALFOFASTUDENT ,ANONLINEEXAM THAT IS ADMINISTERED PURSUANT TO A COURSE OF STUDY AT ANY INSTITUTION OF HIGHER EDUCATION .
(2) No A personOR ENTITY shalNOT make or disseminate, with the intent to induce anyother person to enter into anyobligation relating thereto, anystatement, written or oral, OR SHEewill prepare, cause to be prepared, sell, or distribute any term paper, thesis, dissertation, or other written materiASSIGNMENT OR ANSWER TO AN ONLINE EXAM for a fee or other compensation for or on behalf of anyperson who has been assigned the written preparation of such term paper, thesis, dissertation, -3- 1252 orotherwrittenmateriaASSIGNMENTORANSWERTOANONLINEEXAM for academic credit at any public or private college, university, or other institution of higher education in this state.
SECTION3.
InColoradoRevisedStatutes,23-4-104,amend(2) as follows:
23-4-104.
Injunctions.
(2) Actions for injunction under the provisions of this artARTICLE 4 may be brought in the name of the people of the state of Colorado by the attorney general or by the district attorneyfor the judicial district in which the conduct to be enjoined took place or by any public or private college, university, or other institution of higher education acting for the interest of itself, its students, or the general public.
SECTION 4.
In Colorado Revised Statutes, add 23-4-104.5 as follows:
23-4-104.5.
Civil penaltyHE ATTORNEY GENERAL MAY BRING A CIVIL ACTION ON BEHALF OF THE STATE TO SEEK THE IMPOSITION OF A CIVILPENALTYFORANYVIOLATIONOFTHISARTICLE 4.T HECOURT ,UPON FINDING A VIOLATION OFTHIS ARTICL4,SHALLIMPOSE A CIVILPENALTY TO BE PAID TO THE GENERAL FUND OF THE STATE IN AN AMOUNT NOT TO EXCEED SEVEN HUNDRED FIFTY DOLLARS FOR EACH SUCH VIOLATION .
SECTION 5.
In Colorado Revised Statutes, add 23-4-105.5 as follows:
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23-4-105.5.
Exceptions.
(1) T IS NOT A VIOLATION OF THIS ARTICLE 4IF A PERSON OR ENTITY RENDERS FOR A F:E (a) TUTORIALASSISTANCEIFTHEASSISTANCEISNOTINTENDEDTO BESUBMITTEDINWHOLEORINSUBSTANTIALPARTASANASSIGNMENTOR AS AN ANSWER TO AN ONLINE EXAM ;OR -4- 1252 (b) ERVICEINTHEFORMOFTYPING ,TRANSCRIBING,ASSEMBLING , REPRODUCING ,OR EDITING AN ASSIGNMENT OR ANSWER TO AN ONLINE EXAMIFTHISSERVICE ISNOTINTENDEDTOMAKESUBSTANTIVECHANGES IN THE ASSIGNMENT OR ANSWER TO AN ONLINE EXA.
(2) T HIS ARTICLE4 DOES NOT APPLY TO A PERSON WHO IS ENROLLED FOR EDUCATIONAL PURPOSES .
SECTION 6.
Act subject to petition - effective date - applicability.(1) Thisacttakeseffectat12:01a.m.onthedayfollowing the expiration of the ninety-day period after final adjournment of the general assembly (August 8, 2018, if adjournment sine die is on May 9, 2018);
except that, if a referendum petition is filed pursuant to section 1 (3)ofarticleVofthestateconstitutionagainstthisactoranitem,section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved bythe people at the general election to be held in November 2018 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
(2) This act applies to offenses committed on or after the applicable effective date of this act.
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