The Colorado House approved a bill on Monday to stop charging children under 13 with most crimes, advancing it to the Senate for consideration. 

Currently, the minimum age for criminal prosecution in Colorado is 10. House Bill 1249 would raise the age to 13, except when a child is suspected of committing homicide. This would remove children aged 10, 11 and 12 from the jurisdiction of juvenile, municipal and county courts. 

Instead of entering the criminal justice system, children under 13 who commit crimes would be referred to local collaborative management programs to get resources, such as therapy or family counseling. Victims of crimes committed by kids aged 10 to 12 could still access victim services and compensation, as the bill would remove the requirement for a police report to be filed. 

“We see repeated and unnecessary involvement with the justice system that is causing our young kids more harm than not,” said bill sponsor Rep. Serena Gonzales-Gutierrez, D-Denver. “When we talk about preventing more crime, preventing more victims, this is it. This is how we do it.” 

The House voted, 40-25, to advance the bill to the Senate. The vote was mostly split along party lines, with all but one Republican opposing the bill and all but seven Democrats supporting it. 

Proponents of the bill said arresting children does not address the cause of crime and sets them up for failure in the future, while opponents argued that serious crimes require serious criminal consequences, regardless of the perpetrator’s age. 

In 2021-22, 63 children under 13 were admitted into detention, accounting for 2.4% of new inmates, according to the Colorado Division of Youth Services. Of the 63 children, 58 were admitted for felony charges. 

In the last decade, nearly 2,500 cases of violent crimes and sexual offenses have been filed against 10- to 12-year-old children in Colorado, according to the Colorado District Attorneys’ Council. Of those, 970 were violent crimes, such as felony assault, attempted murder or armed robbery. Around 1,500 were sex offenses, 55% of which were sexual assaults on a child, where the perpetrator was over four years older than the victim and there was intimate sexual contact. 

“These people don’t need a hug, they need to go to jail,” said Rep. Brandi Bradley, R-Littleton, who voted against the bill. “You’re going to make it less safe for my community, for my children to go to school. … This is the way to make children sitting ducks for the mistakes of other children.”

Lawmakers rejected 15 amendments to the bill that sought to, in part, add additional exemptions, such as sex offenses against children, possession of handguns, bringing weapons to school, torturing animals and all crimes covered by the Victim’s Rights Act. 

Thirteen amendments passed, including specifying that it is illegal to recruit children under 13 to commit crimes on one’s behalf, and numerous clarifications or technical changes. 

Rep. Bob Marshall, D-Highlands Ranch, said he feels the bill is too broad, saying its protections should not apply for sex crimes and that it should not include 12-year-olds. Marshall was originally a co-sponsor of the bill but removed his name on Monday, in addition to voting “no.” 

“Not carving out sexual assault would be inappropriate because of the damage those do,” Marshall said. “These are very, very serious crimes and to not have the hammer of the government in order to require the counseling and the likes behind it. … The risk is something I’m not willing to take.” 

Proponents of the bill said most criminal cases brought against young children aren’t as serious as felony sexual assault, such as children being arrested for stealing a candy bar or snapping a classmate’s bra strap. But, even in serious cases, they said the current justice system isn’t helping address or prevent these crimes. 

In Colorado, just under 60% of youth who are committed reoffend within three years of release, according to a 2022 report from the Colorado Division of Youth Services. Colorado’s adult recidivism rate is among the highest in the nation, with around 50% of released prisoners being re-incarcerated within three years. 

Arrested children are more likely to be arrested as adults, less likely to graduate high school, more likely to be unemployed and face a higher risk of violence and sexual abuse while in detention, bill sponsors said. One study found that up to 90% of people in the juvenile justice system have experienced trauma, including high rates of physical or sexual abuse. 

Rep. Ryan Armagost, R-Berthoud, said he saw the negative impacts the criminal justice system has on children firsthand when he worked as a law enforcement officer. Armagost is co-sponsoring the bill and is the only Republican to vote “yes” on it Monday. 

“The decade I served as a law enforcement officer taught me that too many people who end up in a cycle of incarceration are first arrested at a very young age,” Armagost said. “We must start passing policy that prevents this cycle, and the victimization that stems from it, in the first place.”

Sixteen organizations are backing the bill, such as the Colorado Children’s Campaign, Colorado Criminal Defense Bar, Colorado Freedom Fund, Healthier Colorado and Mental Health Colorado.

Fifteen organizations registered against the bill, including the Colorado Association of Chiefs of Police, Colorado Municipal League, Colorado Organization for Victim Assistance, County Sheriffs of Colorado and Colorado District Attorneys’ Council.

Debate on the bill was cut short Monday after things got heated between lawmakers. 

While testifying in support of HB 1249, Rep. Elisabeth Epps, D-Denver, said, “The fear that should drive us should be the fear of our babies continuing to go to cages. Speaking of babies, isn’t it interesting when folks care about little Black and brown babies and when they don’t?” 

Epps seemed to be referencing a comment made by Rep. Scott Bottoms, R-Colorado Springs, during a debate on a package of abortion rights bills last month. While opposing the bills, Bottoms said, “What’s actually sadly ironic is that a 52-year-old white man is up here trying to defend babies. Little Black babies, little Hispanic babies, little white babies.” 

Multiple Republican lawmakers spoke over Epps after her comment, with some yelling, “It has nothing to do with color.” 

Epps continued her testimony over the yells, saying, “Just to be clear, I’ve been used to being talked over by white men my whole life. We’re okay.” 

Several Republicans then stood up and screamed, “Hey!”

The chamber briefly erupted into chaos before House Speaker Julie McCluskie, D-Dillon, called a recess and pulled the party leaders into a side room to discuss the conflict. 

During the leadership meeting, Rep. Richard Holtorf, R-Akron, said Epps’ comment suggested that her Republican opponents are racist, calling it “racist dogma” and “play(ing) the race card.” 

“We are not racist,” Holtorf said. “The husband of my oldest daughter is half-Black. And he sits at my kitchen table and I eat with him and break bread with him. I am sick and tired of being called a racist.” 

Rep. Jennifer Bacon, D-Denver, defended Epps during the meeting. Bacon pointed out that race is a relevant factor in the debate of the bill, as children of color are arrested at disproportionately high rates.

In 2021, Black children made up just over 5% of Colorado’s 10- to 17-year-old population, but constituted 23.8% of those detained in 2021-22, according to the Colorado Division of Youth Services. 

“Black and brown children are two and three times more likely to be represented by this system. That is a fact and we have to be able to talk about it,” Bacon said. “We can’t be shouted at because we talk about our communities.” 

Democratic leaders suggested they end debate and put the bill to a vote, while Republicans said the bill should be laid over to give lawmakers time to cool down. In the end, McCluskie allowed around 15 more minutes of debate before invoking Rule 16 to force an immediate vote on the bill. At least one more lawmaker, Rep. Stephanie Luck, R-Penrose, was still waiting to speak on the bill when debate was cut off. 

Under HB 1249, children aged 10 to 12 could still be taken into temporary custody by law enforcement, but law enforcement would then refer the child to their local collaborative management program. Other professionals, including school staff and mandatory reporters, could also refer kids to a collaborative management program. 

A team from the program would create an individualized plan for every child referred regarding which services they need. For felony sex offenses, the team would have to meet with the county department of human or social services to develop the plan and determine if the department will provide special prevention and intervention services or investigate the alleged crime.

The bill would also increase the minimum age when a child can be tried as an adult from 12 to 14 years old, and it would limit charging minors as adults to only in cases of class 1 or 2 felonies or crimes of violence.