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Colorado Intentional Misrepresentation of Service or Assistance Animal [§ 18-13-107 and § 18-13-107.7]

§ 18-13-107.3. Intentional misrepresentation of entitlement to an assistance animal--penalty--definitions

(1) A person commits intentional misrepresentation of entitlement to an assistance animal if:

(a) The person intentionally misrepresents entitlement to an animal in his or her possession as an assistance animal for the purpose of obtaining any of the rights or privileges set forth in state or federal law for an individual with a disability as a reasonable accommodation in housing;

(b) The person was previously given a written or verbal warning regarding the fact that it is illegal to intentionally misrepresent entitlement to an assistance animal;

(c) The person knows that:

(I) The animal is not an assistance animal with regard to that person; or

(II) The person does not have a disability.

(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 entitlement to an assistance 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 entitlement to an assistance 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 entitlement to an assistance 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 entitlement to an assistance 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) A written finding made pursuant to section 12-36-142(1)(a), 12-38-132.5(1)(a), or 12-43-226.5(1)(a), C.R.S., is an affirmative defense to the offense established by this section. The lack of such a finding is not proof of the offense established by this section, and nothing in this section or in sections 12-36-142, 12-38-132.5, or 12-43-226.5, C.R.S., limits the means by which a person with a disability may demonstrate, pursuant to state or federal law, that the person has a disability or that the person has a disability-related need for an assistance animal.

(5) As used in this section, unless the context otherwise requires:

(a) “Assistance animal” means an animal that qualifies as a reasonable accommodation under the federal “Fair Housing Act”, 42 U.S.C. sec. 3601 et seq., as amended or section 504 of the federal “Rehabilitation Act of 1973”, 29 U.S.C. sec. 794, as amended.

(b) “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 and includes a handicap as that term is defined in the federal “Fair Housing Act”, 42 U.S.C. sec. 3601 et seq., as amended, and 24 CFR 100.201.

(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) “State and federal law” includes section 24-34-803, C.R.S., the federal laws specified in paragraph (a) of this subsection (5), and rules and regulations implementing those laws.

Credits
Added by Laws 2016, Ch. 309, § 5, eff. Jan. 1, 2017.

§ 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.

Credits
Added by Laws 2016, Ch. 309, § 5, eff. Jan. 1, 2017.

Page updated 5/9/19

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