LEG00141

• Bill Number: SB03-122
• Year: 2003
• Title: Increase Penalty for Water Quality Crime
• Legislation - Doc Type: Other CWCB Related Bills - Passed

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(3) Any person who commits criminal pollution of state waters:
shall be filled, for cadr day thc ~iolation OCWIS, a5 fullo;vs.
(a) If the ,iolatioll is cOlnmitt-cd Is GUILTY OF A MISDEMEANOR,
AND, UPON CONVICTION THEREOF, SHALL BE PUNISHED BY A FINE OF NOT
MORE THAN TWELVE THOUSAND FIVE HUNDRED DOLLARS FOR EACH DAY
OF VIOLATION IF SUCH PERSON ACTED with criminal negligence or
recklessly, as defined in section 18-1-501, C.R.S. thc ",a"jlHulll fille shall
b(. t"d,c thotls1t11d fi,c handlcd dollars. IF SUCH CONVICTION IS FORA
VIOLATION COMMITTED AFTER A SEPARATE PREVIOUS CONVICTION UNDER
PARAGRAPH (a) OR (b) OFTHIS SUBSECTION (3), THE MAXIMUM FINE SHALL
BE TWENTY -FIVE THOUSAND DOLLARS FOR EACH DAY OF VIOLATION.
(b) If the ,i"lati61l is cmnmiUc,d Is GUILTY OF A FELONY AND,
UPON CONVICTION THEREOF, SHALL BE PUNISHED BY A FINE OF NOT MORE
THAN TWENTY -FIVE THOUSAND DOLLARS FOR EACH DAY OF VIOLATION OR
BY IMPRISONMENT NOT TO EXCEED FOUR YEARS, OR BY BOTH SUCH FINE
AND IMPRISONMENT, IF SUCH PERSON ACTED knowingly or intentionally,
as defined in section 18-1-501, C.R.S. thc' maxinltlm fine shall bc
twenty-fl,c, thotlsand dollars. IF SUCH CONVICTION IS FOR A VIOLATION
COMMITIED AFTER A SEPARATE PREVIOUS CONVICTION UNDER THIS
PARAGRAPH (b), THE PERSON SHALL BE PUNISHED BY A FINE OF NOT MORE
THAN FIFTY THOUSAND DOLLARS FOR EACH DAY OF VIOLATION, BY
IMPRISONMENT NOT TO EXCEED EIGHT YEARS, OR BY BOTH SUCH FINE AND
IMPRISONMENT. ANY PERSON SENTENCED TO IMPRISONMENT PURSUANT
TO THIS PARAGRAPH (b) SHALL BE SUBJECT TO A MANDATORY PERIOD OF
PAROLE OF TWO YEARS PURSUANT TO SECTION 18-1.3-401, C.R.S.
(c) If two StCpaIatc offenses olldc,] this articlc OCCtl1 ill two
sepalltlc OCCtlUC!lCc'S dtnin~ a pc]i"d oftwo )'CalS, Ill" maxillmm fine fm

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SB03-122