2016 Colorado Revised Statutes
Title 18 - Criminal Code
Article 13 - Miscellaneous Offenses
§ 18-13-107.7. Intentional misrepresentation of a service animal for a person with a disability - penalty - sealing of conviction records - definitions
(1) A person commits intentional misrepresentation of a service animal if:
(a) The person intentionally misrepresents an animal in his or her possession as his or her service animal or service-animal-in-training for the purpose of obtaining any of the rights or privileges set forth in section 24-34-803, C.R.S.;
(b) The person was previously given a written or verbal warning regarding the fact that it is illegal to intentionally misrepresent a service animal;
(c) The person knows that the animal in question is not a service animal or service-animal-in-training.
(2) A person who violates subsection (1) of this section commits a class 2 petty offense and, upon conviction, shall be punished as follows:
(a) For a first offense, a fine of twenty-five dollars;
(b) For a second offense, a fine of not less than fifty dollars but not more than two hundred dollars; and
(c) For a third or subsequent offense, a fine of not less than one hundred dollars but not more than five hundred dollars.
(3) (a) A defendant may petition the district court of the district in which any conviction records pertaining to the defendant's first conviction for intentional misrepresentation of a service animal, as described in subsection (1) of this section, are located for the sealing of the conviction records, except for basic identifying information.
(b) If a petition is filed pursuant to paragraph (a) of this subsection (3) for the sealing of a record of conviction for intentional misrepresentation of a service animal, the court shall order the record sealed if the following criteria are met:
(I) The petition is filed;
(II) The filing fee is paid or the defendant has filed a motion to file without payment with a supporting financial affidavit and the court has granted the motion;
(III) The defendant's first conviction for intentional misrepresentation of a service animal was at least three years prior to the date of the filing of the petition; and
(IV) The defendant has not had a subsequent conviction for intentional misrepresentation of a service animal.
(c) An order entered pursuant to this subsection (3) must be directed to each custodian who may have custody of any part of the conviction records that are the subject of the order. Whenever a court enters an order sealing conviction records pursuant to this subsection (3), the defendant shall provide the Colorado bureau of investigation and each custodian of the conviction records with a copy of the order and shall pay to the bureau any costs related to the sealing of his or her criminal conviction records that are in the custody of the bureau unless the court has granted the motion specified in subparagraph (II) of paragraph (b) of this subsection (3). Thereafter, the defendant may request and the court may grant an order sealing the civil case in which the conviction records were sealed.
(4) As used in this section, unless the context otherwise requires:
(a) "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.
(b) "Qualified 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. 12101 et seq., and its related amendments and implementing regulations.
(c) "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.
(d) "Service-animal-in-training" means a dog or miniature horse that is being individually trained to do work or perform tasks for the benefit of a qualified individual with a disability.
(e) "Trainer of a service animal" means a person who is individually training a service animal to do work or perform tasks for the benefit of a qualified individual with a disability.
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