Incorrect answer:

YES, the purpose of legislative immunity is to prevent intimidation of legislators through, among other things, questioning of their motives for taking legislative actions. Because sponsorship of legislation is a legitimate legislative function that is within the "sphere of legitimate legislative activity," a legislator's improper motivation for sponsoring legislation cannot form the basis of a criminal prosecution of the legislator is INCORRECT.

Legislative immunity does not prevent criminal prosecution of the legislator because taking a bribe is not a legislative action that occurs within the "sphere of legitimate legislative activity." A prosecution for bribery does not require a protected inquiry into the legislator's motives for the legislative actions of sponsoring or voting on a bill because the crime occurs when the legislator accepts money in exchange for a promise to sponsor the bill and can be proved even if the legislator does not actually sponsor the bill.

Return to Question

The information on this page is presented as an informational service only and should not be relied upon as an official record of action or legal position of the State of Colorado, the Colorado General Assembly, or the Office of Legislative Legal Services.