SecondHB1224_S_JUD.001 RegularNOT SessionAMENDED Seventy-thirdSENATE GeneralCOMMITTEE Assembly STATE OF COLORADOREFERENCE ENGROSSEDREPORT This_______________________________ VersionMarch Includes31, All2022 AmendmentsChair Adoptedof onCommittee SecondDate ReadingCommittee inon theJudiciary. House of Introduction LLS NO.

22-0358.01After Shelbyconsideration Rosson x4510the HOUSEmerits, BILLthe 22-1224Committee HOUSErecommends SPONSORSHIPthe Tipperfollowing: and Soper, SENATE SPONSORSHIP Gonzales, House Committees Senate Committees Judiciary A BILL FOR AN ACT C ONCERNING THEFT OF PUBLIC BENEFITS .

BillHB22-1224 Summarybe (Note:referred to the Committee of the Whole with favorable recommendation and with a recommendation that it be placed on the consent calendar.

This** summary*** applies** to*** this** bill as introduced and does notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) The bill creates specific elements for public benefits theft in the theft statute.

A person commits public benefits theft when a person intentionally misrepresents or withholds a material fact for determining eligibility, and does so for the purpose of obtaining or retaining public benefits the recipient of the public benefits is not eligible for.

For the purposes of calculating the value of the public benefit i 2 involved, the bill defines it as the difference between the value of the a 2 public benefit received and the value of the public benefit the recipient S R 5 O n 1 Shading denotes HOUSE amendment.

Double underlining denotes SENATE amendment.

H 2 r Capital letters or bold & italic numbers indicate new material to be added to existing statdte.

Dashes through the words indicate deletions from existing statute.

e m A waseligiblefor;exceptthat,iftheagencythatprovidesthepublicbenefit makes a referral for prosecution more than 180 calendar days after first receivingevidenceofamisrepresentationorwithholdingofmaterialfact, the value of the public benefit received after the agency received the evidence must be subtracted from the total.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.

In Colorado Revised Statutes, 18-4-401, amend (1)(d) and (1)(e);

and add (1)(f) and (11) as follows:

18-4-401.

Theft-repeal.

(1) A personcommitstheftwhenheor she knowingly obtains, retains, or exercises control over anything of valueofanotherwithoutauthorizationorbythreatordeception;receives, loans money by pawn or pledge on, or disposes of anything of value or belongingtoanotherthatheorsheknowsorbelievestohavebeenstolen;

orprocuresfoodoraccommodationsfromapublicestablishmentwithout making payment therefore, and:

(d) Demands any consideration to which he or she is not legally entitled as a condition of restoring the thing of value to the other person;

or (e) Knowingly retains the thing of value more than seventy-two hoursaftertheagreed-upontimeof returninanyleaseorhireagreement;

OR (f) NTENTIONALLY MISREPRESENTS OR WITHHOLDS A MATERIAL FACT FOR DETERMINING ELIGIBILITY FOR A PUBLIC BENEFIT AND DOES SO FOR THE PURPOSE OF OBTAINING OR RETAINING PUBLIC BENEFITS FOR WHICH THE PERSON IS NOT ELIGIBL.

(11) APERSON 'S CONDUCT THAT IS LIMITED TO THE ELEMENTS OF SUBSECTION (1)(f)OF THIS SECTION IS NOT SUBJECT TO PROSECUTION PURSUANT TO ANY OTHER PROVISION OF THIS SECTION.

-2- 1224 SECTION2.

Effectivedate-applicability.Thisacttakeseffect July 1, 2022, and applies to offenses committed on or after said date.

SECTION 3.

Safety clause.

The general assemblyherebyfinds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, or safety.

-3- 1224