Increase Criminal Penalty for Failure to Exit Premises
Summary
HB 1142 would increase the criminal penalties under Colorado law for a person who barricades or refuses police entry to premises or property, uses or threatens force, and then knowingly refuses to leave when ordered by a peace officer who has probable cause to believe a crime is occurring and that the person poses a danger. As introduced, the bill would raise that conduct from a class 2 misdemeanor to a class 6 felony.
The bill also increases penalties for related conduct occurring in the same criminal episode. If the person who refuses to leave also knowingly holds another person hostage or unlawfully confines or detains another person without consent or legal authority, the offense would be elevated from a class 1 misdemeanor to a class 5 felony. Likewise, if the person recklessly or knowingly causes a peace officer to believe they possess a deadly weapon, that offense would also be elevated from a class 1 misdemeanor to a class 5 felony. The bill would take effect July 1, 2025, and apply only to offenses committed on or after that date.
Impact
HB 1142 would amend Colorado Revised Statutes section 18-9-119 by substantially increasing the criminal classification for refusal to leave premises or property upon request of a peace officer, along with associated hostage-taking, unlawful confinement, and false-weapon-threat enhancements. The practical effect would be to expose affected defendants to more serious felony-level penalties, with corresponding consequences for sentencing, criminal records, and collateral impacts on accused persons. The bill would apply prospectively to offenses committed on or after July 1, 2025.
Sentiment
The committee record suggests the bill faced skepticism despite initial support for a conceptual amendment and a technical amendment, both adopted unanimously in committee. The final committee action was unfavorable: a motion to refer the bill to Appropriations failed, and the bill was then postponed indefinitely by a 7-4 vote. That sequence indicates that while members were willing to refine the proposal, the overall sentiment in Judiciary was ultimately negative or at least insufficiently supportive to advance the bill.
Contention
The main point of contention appears to have been whether the conduct described should be punished more severely by converting misdemeanor offenses into felonies. Supporters likely viewed the bill as a public-safety measure aimed at dangerous barricade or hostage situations involving police response, while opponents or undecided members may have been concerned about proportionality, the breadth of felony exposure, or the need for further fiscal review in Appropriations. The failed referral vote and subsequent indefinite postponement show that the bill did not command enough support to move forward.