S.B. 94-51 Domestic violence - evidence of similar acts. Amends the definition of "domestic violence" to include invasion of home or property or the threat thereof. Allows the admission of evidence of prior domestic violence acts or transactions in prosecutions which involve domestic violence.
APPROVED by Governor June 3, 1994
EFFECTIVE June 3, 1994
S.B. 94-65 Criminal procedures - miscellaneous amendments. Allows access to arrest history records of applicants for professional or occupational licensure, registration, or certification by any division, board, commission, or person responsible for such licensure, registration, or certification.
Requires a defendant, at the time jeopardy attaches with respect to a first prosecution, to object to the prosecution's failure to join additional charges if defendant actually knows of additional pending prosecutions which the prosecution is required to join. States that, if a defendant fails to make the objection, the defendant waives the "compulsory joinder claim".
Provides that the itemized victim impact statement may include any loss incurred by a victim of a crime after criminal charges have been filed formally against a defendant, rather than only the losses incurred up to the time at which criminal charges are filed.
Defines "profits from the crime", and requires that any person who contracts with a person convicted of a crime for payment of such "profits from the crime" shall pay such profits to the victims assistance and law enforcement advisory board. Requires the board to deposit the money in an escrow account for the benefit of any victim of the crime from which the profits were derived and to notify such victim of the existence of the escrow account. States that a victim may, within 5 years of establishment of the escrow account, enforce any order of restitution against the moneys in the escrow account.
Clarifies that persons sentenced to county jails who participate in certain employment programs shall receive one day credit against their sentences for each day spent in the program.
Deletes the automatic repeal dates for the statute of limitations for certain offenses against children.
Repeals statutory provisions governing a grand jury's duty to oversee the accountability of the county treasurer.
APPROVED by Governor May 4, 1994
EFFECTIVE July 1, 1994
S.B. 94-89 Criminal offenses - penalties - jurisdiction. Clarifies that, in imposing a jail sentence for violating a municipal ordinance, a municipal court does not have the authority to order a child under 18 years of age to be confined in a department of institutions facility.
Makes defacing property a class 2 misdemeanor rather than an unclassified misdemeanor.
Specifies that repeated communications at inconvenient hours must invade the privacy of another or interfere in the use of private property in order to constitute harassment and specifies that repeated communications in offensively coarse language must be in a manner likely to provoke a disorderly response in order to constitute harassment.
Limits the exclusive original jurisdiction of the juvenile court over a violation of any county or municipal ordinance allegedly committed by a juvenile to a violation for which the penalty may be a jail sentence of more than 10 days rather than a violation for which the penalty may be a jail sentence of any length.
Requires that the juvenile court, in determining whether to waive juvenile court jurisdiction over a juvenile for the commission of a delinquent act and to transfer the case to the district court, consider whether the juvenile used or possessed and threatened to use a deadly weapon in the commission of the delinquent act.
Rewrites the statute that prohibits the possession of weapons by persons previously convicted of certain felonies to extend its application to persons convicted of any felony. Classifies the offense as a class 1 misdemeanor, but continues to apply more serious penalties if the previous conviction involved the use of a dangerous weapon or was for a specified felony.
APPROVED by Governor May 31, 1994
EFFECTIVE July 1, 1994
S.B. 94-123 Unlawfully carrying concealed weapon - affirmative defense - federal officers. Includes, within the list of persons who are entitled to an affirmative defense to the crime of unlawfully carrying a concealed weapon, United States probation officers and United States pretrial services officers while on duty and serving in the state of Colorado pursuant to rules and regulations promulgated by the judicial conference of the United States.
APPROVED by Governor April 14, 1994
EFFECTIVE July 1, 1994
S.B. 94-136 Death penalty - additional aggravating factor - child under age of 12 killed. Adds to the statutory aggravating factors for death penalty determinations the fact that the defendant intentionally killed a child under the age of 12 years.
APPROVED by Governor May 4, 1994
EFFECTIVE May 4, 1994
S.B. 94-196 Life sentence - third violent felony - habitual criminals. Amends the state habitual offender statute to impose a life sentence for persons who are convicted of a class 1 or 2 felony or a class 3 felony that is a crime of violence and who have twice previously been convicted for any such felonies. Denies eligibility for parole until the person has served at least 40 calendar years.
Makes the act applicable to felonies committed on or after the date of passage and subsequent to the two prior convictions, regardless of whether the two previous convictions were committed on or before such date.
APPROVED by Governor May 31, 1994
EFFECTIVE May 31, 1994
S.B. 94-201 Sentences - youthful offender system - administration. Changes the mandatory sentence to the youthful offender system from a one-to-5-year determinate sentence and one year of mandatory parole supervision to a 2-to-6-year determinate sentence, with 6 to 12 months of community supervision during the last 12 months of the sentence. When a juvenile's sentence to the youthful offender system is revoked, authorizes one day of credit toward the adult sentence for each day served in the youthful offender system.
Expands the population of juveniles who may be sentenced to the youthful offender system by increasing the maximum age of a juvenile at the time of sentencing from age 18 to 19 and by applying the sentencing provisions retroactively to include certain juveniles who committed acts before the effective date of the original youthful offender system act, which was enacted September 13, 1993.
Describes the components of the youthful offender system as: An intake, diagnostic, and orientation program; phase I, during which time a range of core programs, supplementary activities, and educational and prevocational programs are provided to youthful offenders; phase II, during which time the department of corrections is authorized to transfer a youthful offender to a prerelease halfway facility in preparation for supervised release; and phase III, during which the youthful offender is monitored as the offender reintegrates into society.
Allows the department of corrections to contract with providers to operate phase I of the system as the youthful offender system reaches its capacity at the specified location and until permanent facilities are available for the youthful offender system. Requires that youthful offenders under the supervision of a contract provider during phase I be returned to the supervision of the department of corrections upon completion of phase I. Authorizes the department of corrections to operate or to contract with a prerelease halfway house for youthful offenders, and authorizes the department to move youthful offenders to such facilities as an initial phase of community supervision. Places the prerelease halfway house under the administration of the department of corrections, and requires that the prerelease halfway house have 24-hour custody of youthful offenders and be a minimum restricted security facility.
Permits the department of corrections to transfer a youthful offender to an appropriate facility for the purpose of accomplishing a youthful offender's redirection goals, as long as the transfer does not jeopardize the safety and welfare of the youthful offender. Gives the department of corrections the authority to operate an "emancipation house" for youthful offenders participating in phases II and III under the youthful offender system for whom family reintegration poses difficulties. Specifies that a youthful offender placed in an emancipation house will be provided reintegration support services. Allows the department of corrections to contract for programs that are comparable to the youthful offender system for female youthful offenders sentenced to the youthful offender system until permanent facilities are available for the youthful offender system.
Reassigns parole supervision responsibilities that were placed with the state board of parole to the department of corrections as community supervision responsibilities. Authorizes the executive director of the department of corrections to review the department's decisions related to the revocation of the youthful offender's sentence to the youthful offender system and specified transfer issues. Requires the department of corrections to notify the district attorney of record concerning the executive director's decision to uphold the department's recommendation for revocation of an offender's sentence, and makes the district attorney of record responsible for seeking the revocation of an offender's sentence.
Requires annual reports, rather than a single report, concerning the administration of the youthful offender system. Adds a summary of the recidivism rate
for offenders to the list of items to be included in annual reports.
APPROVED by Governor June 3, 1994
EFFECTIVE June 3, 1994
S.B. 94-202 Criminal extortion. Repeals and reenacts the statute relating to the crime of criminal extortion, including aggravated criminal extortion. Makes it a crime of criminal extortion for a person by substantial threat of specified acts to cause another person to act or refrain from acting. Describes the nature and extent of the threats included in the commission of the crime of criminal extortion. Describes the nature and extent of the threats included in the commission of aggravated criminal extortion.
APPROVED by Governor May 31, 1994
EFFECTIVE May 31, 1994
S.B. 94-204 Death penalty - expedited process - use of state moneys in appeals limited. Expresses the general assembly's intent that review of death penalty cases by the Colorado supreme court be given priority over other cases. Excepts challenges based on newly discovered evidence and ineffective assistance of counsel from the requirement that, in any direct appeal of a death penalty case, all challenges to the conviction or sentence shall be included in the appellate brief at the time such brief is filed with the Colorado supreme court, or such issues shall be deemed irrevocably waived.
Limits applications for postconviction review in class 1 felony cases where the death penalty is imposed to only those that raise claims of newly discovered evidence and ineffective assistance of counsel. Directs the district court to consider expeditiously any applications for postconviction relief in class 1 felony cases where the death penalty is imposed, and to give priority to those cases. Requires a person seeking appeal of a denial of postconviction remedy from the district court in a death penalty case to file the appeal directly with the Colorado supreme court, in accordance with any rules adopted by the supreme court, and exempts such cases from initial jurisdiction by the court of appeals.
Prohibits the use of state moneys to prosecute any appeal on behalf of a defendant in any class 1 felony case in which a sentence of death has been imposed that is not an "appeal as of right", or to prosecute any habeas corpus proceeding on a petitioner's behalf unless the petitioner is seeking to prevent extradition.
APPROVED by Governor May 31, 1994
EFFECTIVE July 1, 1994
H.B. 94-1045 Harassment by stalking - penalties. Clarifies that the crime of harassment by stalking is a "knowing" offense and therefore distinct from the crime of harassment. Extends the crime of harassment by stalking to afford protection to the victim's immediate family members. Expands the crime of harassment by stalking to include circumstances in which the defendant indirectly threatens the victim through another person. Defines the term "immediate family" to include the person's spouse, parent, grandparent, sibling, or child. Defines the term "in connection with" for acts occurring before, during, or after the act of threatening the victim. Mandates a sentence of 60 days in county jail upon conviction of harassment by stalking if the victim had previously obtained a restraining order or injunction against the defendant. Clarifies that the mandatory sentences are in addition to any other sentence that may be imposed for the class 1 misdemeanor.
APPROVED by Governor June 3, 1994
EFFECTIVE July 1, 1994
H.B. 94-1052 Endangering public transportation - appropriations. Expands the crime of endangering public transportation to include threatening any operator, crew member, attendant, or passenger on a public conveyance with death or imminent serious bodily injury; knowingly or recklessly causing bodily injury to another person on a public conveyance; or with criminal negligence causing bodily injury to another person on a public conveyance by means of a deadly weapon.
Appropriates $57,000 out of the mass transportation account to the corrections expansion reserve fund in the state treasury to implement this act. Makes future appropriations to the department of corrections for fiscal years 1995-96 through 1998-99.
APPROVED by Governor May 25, 1994
EFFECTIVE July 1, 1994
H.B. 94-1063 Probation - effectiveness of order. For offenses committed on or after July 1, 1994, specifies that any order granting probation takes effect upon entry of the order and, if an appeal is brought, remains in effect pending determination of the appeal, unless the court grants a stay of probation. Allows any defendant who is sentenced to probation to move for a stay of probation pending a ruling on a motion for a new trial or a motion in arrest of judgment or pending review by an appellate court. Authorizes any court that grants a stay of probation to require the defendant to post an appeal bond while probation is stayed. Specifies that the district attorney shall be present when the court rules on the defendant's motion for stay of probation.
APPROVED by Governor March 18, 1994
EFFECTIVE July 1, 1994
H.B. 94-1090 Restraining orders - central registry - violation and enforcement. Consolidates and makes uniform the procedures for enforcement of temporary restraining orders issued to prevent emotional abuse of the elderly, issued to prevent domestic abuse, issued pursuant to the "Uniform Dissolution of Marriage Act" or the "Uniform Parentage Act", issued against an adult or a juvenile charged with a violation of the "Colorado Criminal Code", or issued in a dependency and neglect action. Requires such restraining orders to be on standardized forms prescribed by the judicial department.
Requires the court, at the time a restraining order is requested, to inquire about all information concerning the existence of prior restraining orders on the same subject matter. Imposes an independent duty on the requesting party or such party's attorney to disclose knowledge concerning the existence of prior restraining orders of any court.
Authorizes the court to award interim legal custody of a child to a person entitled to bring a custody action when such award is reasonably related to preventing domestic abuse or preventing the child from witnessing domestic abuse. Authorizes the issuance of temporary restraining orders and temporary orders in actions filed pursuant to the "Uniform Parentage Act".
Identifies the grounds for the criminal violation of a restraining order as contacting, harassing, injuring, intimidating, molesting, threatening, or touching a protected person, or entering or remaining on premises, or coming within a specified distance of a protected person or premises when such conduct is prohibited by a restraining order. Defines certain terms including "restraining order". Changes the violation of a restraining order, other than the violation of restraining orders issued pursuant to the "Colorado Criminal Code" or second or subsequent convictions for the violation of a restraining order, from a class 3 misdemeanor to a class 2 misdemeanor. Specifies that a prior conviction for the violation of a restraining order need not be pled or proven at trial.
Sets forth the procedure for enforcement of restraining orders. Identifies the duties of peace officers in enforcing such orders including the requirement that a peace officer arrest, or, if an arrest would be impractical, seek a warrant for the arrest of a restrained person when such peace officer has probable cause to believe that a restraining order has been violated. Limits a peace officer's liability when enforcing a restraining order.
Creates a computerized central registry of restraining orders in the Colorado bureau of investigation accessible to any state law enforcement agency and to any local law enforcement agency with compatible computer capabilities. Requires the registration of all restraining orders by the clerk of the issuing court.
Applies to restraining orders and subsequent orders issued on or after January 1, 1995.
APPROVED by Governor June 3, 1994
EFFECTIVE January 1, 1995
H.B. 94-1092 Contact between defendant and victim - prevention - mandatory restraining orders. Requires the court to provide, as a condition of any appeal bond or probation order, that the defendant shall not harass, molest, intimidate, retaliate against, or tamper with the victim of or any prosecution witnesses to the crime, unless the court makes written findings that the condition is not necessary. Requires any mandatory restraining order, including a mandatory restraining order against a juvenile, to remain in effect until the disposition of any appeals that may be brought. Specifies that the trial court retains jurisdiction to enforce, modify, or dismiss the restraining order pending any appeal that may be brought.
APPROVED by Governor June 3, 1994
EFFECTIVE June 3, 1994
H.B. 94-1105 Gambling - vintage slot machines. Allows a person to own a vintage slot machine so long as such device is not used for gambling. Defines "vintage slot machine" as any model of slot machine that was marketed before 1984.
APPROVED by Governor March 2, 1994
EFFECTIVE March 2, 1994
H.B. 94-1122 Crime stopper organizations - confidentiality - repayment of reward. Specifies that the records of a crime stopper organization concerning reports of criminal activity are confidential. Stipulates that such records are not required to be produced except as directed by court order after an ex parte in camera review. Authorizes a court to subpoena such records on motion of a criminal defendant alleging that the records contain impeachment or exculpatory evidence. Limits the court's inspection to records and information that are relevant to the specific case pending before the court. Directs the court to present impeachment or exculpatory evidence to the defendant together with a certifying affidavit. Prohibits the court from disclosing the identity of any person who was the source of such evidence unless the state or federal constitution requires otherwise. Provides for the return of crime stopper records to the crime stopper organization. Requires the crime stopper organization to retain such records until the time for filing an appeal of the criminal offense has expired. Specifies that any person who knowingly or intentionally discloses confidential crime stopper records or information commits a class 1 misdemeanor. Requires any prosecution for such offense be commenced within 5 years from the date of the violation.
Authorizes the court to order a defendant to repay all or part of a crime stopper reward when the reward led to the defendant's arrest and conviction in a felony case, the defendant has entered a plea of guilty or nolo contendere to a felony offense, or when the defendant enters into a plea bargain agreement which reduces the felony to a misdemeanor. Requires repayment as a condition of any sentence to probation. Establishes an order of priority for the repayment of crime stopper rewards among other debts and obligations required to be paid by a criminal defendant. Limits the amount of repayment to the actual amount of the reward paid by a crime stopper organization. Creates the crime stopper reward reimbursement fund, and requires repayments to be credited to such fund. Specifies that moneys repaid to a crime stopper organization may be used solely for paying other crime stopper rewards.
Establishes requirements for articles of incorporation applicable to any crime stopper organization that elects to avail itself of the confidentiality provisions of the act.
APPROVED by Governor June 1, 1994
EFFECTIVE June 1, 1994
H.B. 94-1126 Criminal laws - miscellaneous amendments - crimes of violence defined - unlawful sexual offenses defined - speedy trial computation when mental condition raised -11-member jury - verdict authorized - peace officer defined - 2nd degree assault - crimes against children expanded - crimes of wholesale promotion and promotion of obscenity to children created - penalties - miscellaneous offenses amended - repeal - controlled substance offenses. Repeals statutory language related to functions performed by the criminal justice commission to conform with the automatic termination of the commission.
Replaces the phrases "person with a disability" and "elderly person" with the phrase "at-risk adult or at-risk juvenile" in the definition of "crimes of violence". Adds as crimes of violence any conspiracy or attempt to commit any of the crimes, other than unlawful sexual offenses, enumerated in the definition of crimes of violence. Adds the crimes of enticement of a child and indecent exposure to the crimes enumerated as "unlawful sexual offenses", which are referenced as "crimes of violence" and for which greater sentences may be imposed because the crimes pose "extraordinary risks of harm to society".
Excludes from the time computation for speedy trial any period during which a defendant is under observation or examination after an issue of insanity, incompetency, or impaired mental condition is raised, rather than only the period during which a defendant is under observation or examination following a plea of not guilty by reason of insanity. Authorizes the court in all cases except class 1 felony cases to allow 11 members of a 12-person jury to issue a verdict after the court excuses a juror for cause once the jury retires to consider the verdict. Includes as a peace officer, level Ia, the state attorney general, the deputy attorney general, and any other deputy or assistant attorney general assigned to a criminal enforcement function in the attorney general's office. Requires that notice be provided to specified district attorneys regarding the initiation of contempt proceedings against defendants.
Eliminates, as a crime of 2nd degree assault, intentionally causing serious bodily injury to another. Changes references to the perpetrator in the 3rd degree sexual assault statute from "adult" to "person". Expands the offense of 2nd degree criminal trespass to include the act of remaining upon the common areas, rather than upon the premises, of a hotel, motel, condominium, or apartment building. Expands the definition regarding the "false completion" of a written instrument to include an act to transform an incomplete instrument into a complete one by adding or inserting materially false information or statements. Gives an investigator with the attorney general's office access to bank records. Repeals the crime of intentional misrepresentation by an employer. Expands the crime of obscenity by adding the offenses of wholesale promotion and promotion of obscenity to a minor, and makes the commission of such offenses class 6 felonies. Increases the penalties for the crime of indecent exposure so that the penalty for 2nd and subsequent offenses is greater than the penalty for a 1st offense.
Eliminates references to the term "secondary" from the series of educational institutions subject to the statute prohibiting persons from carrying concealed weapons on or near school grounds and to the statutes prohibiting persons from dispensing controlled substances on or near school grounds or in any school bus that is transporting students. Adds certain drugs to the specified schedules of controlled substances. Reduces from a class 3 to a class 4 felony the classification for the commission of possession of a schedule II controlled substance.
Increases the penalty for the crime of theft of livestock.
APPROVED by Governor May 31, 1994
EFFECTIVE July 1, 1994
H.B. 94-1144 Death penalty - additional aggravating factor - 2 or more persons killed. Adds to the statutory aggravating factors for death penalty determinations the fact that a defendant unlawfully and intentionally, knowingly, or with universal malice manifesting extreme indifference to human life generally, killed 2 or more persons during the same criminal episode.
APPROVED by Governor March 15, 1994
EFFECTIVE March 15, 1994
H.B. 94-1192 Convicted sex offenders - duty to register with local law enforcement agencies - duty of agencies. Repeals and reenacts the statute that requires persons convicted of certain sexual offenses against children to register with local law enforcement agencies where the person plans to reside to extend the requirement to any offender convicted of any sexual offense.
Requires probation and parole officers and personnel with the department of corrections to require an offender under their jurisdiction to sign a notice that informs the offender of the duty to register with local law enforcement agencies when the offender is placed on probation or parole or is released from the department of corrections. Requires the same law enforcement personnel, within 48 hours after an offender has been placed on parole or probation, to notify local law enforcement agencies of the address that the offender provided in the signed notice.
Imposes a specified jail sentence for a 1st offense of failing to register with the local law enforcement agency and a specified sentence to the department of corrections for 2nd and subsequent offenses for failing to register with the local law enforcement agency.
Extends the duty to register to any person adjudicated as a juvenile based on the commission of the specified sexual offenses and imposes the same sanctions against a juvenile for failing to register. Makes current provisions concerning the duties of local law enforcement agencies, the sexual offender registry, confidentiality, and discontinuance of the duty to register applicable to a juvenile offender.
APPROVED by Governor May 31, 1994
EFFECTIVE July 1, 1994
H.B. 94-1253 Domestic violence - domestic abuse - restraining orders - peace officers' duties. Redefines "domestic violence" for purposes of the criminal statutes. Requires a person preparing certain initiating documents for a criminal case to indicate on the face of the document whether the facts, if proven, could constitute an act of domestic violence.
In sentencing a person convicted of a criminal offense the underlying factual basis of which includes an act of domestic violence, requires the court to order the defendant into a certified treatment program unless a treatment provider determines that such a treatment program would be inappropriate. In such cases, requires the defendant to be referred back to the court for alternative disposition. Prohibits a defendant from entering into a plea bargain arrangement whereby the domestic violence designation of the crime with which the defendant is charged is not included in the offense to which the defendant would plead guilty, unless the prosecuting attorney makes a record, and the court finds, that the prosecuting attorney would not be able to establish the necessary relationship required in an offense involving domestic violence. Renders a person accused or convicted of a crime involving domestic violence ineligible for deferred prosecution or for home detention in the home of the victim. Directs the court to consider the safety of the victim and the victim's children before granting probation to a person convicted of a domestic violence crime.
Increases the crime of violation of a restraining order, other than an automatic restraining order in criminal cases, from a class 3 misdemeanor to a class 2 misdemeanor. Makes a 2nd or subsequent violation of a restraining order a class 1 misdemeanor. Indicates that a prior conviction need not be pled or proven at trial and may be established by a certified copy of a judgment of conviction from the court in which it was entered. Requires a peace officer to use every reasonable means to enforce a restraining order. Mandates such officer to arrest, or, if an arrest would be impractical, to seek a warrant for the arrest of a restrained person when the officer has probable cause to believe that a restrained person has violated or attempted to violate a restraining order. Identifies other duties of peace officers related to the enforcement of restraining orders.
Mandates a peace officer to arrest a person who the officer has probable cause to believe has committed a crime or offense involving domestic violence. Identifies a peace officer's duties when the officer receives complaints of domestic violence from 2 or more opposing persons. Directs the arresting agency to make every reasonable effort to collect and preserve evidence pertinent to an arrest. Prohibits a peace officer from arresting and releasing a person at the scene of a domestic violence offense. Limits the liability of a peace officer in domestic violence matters. Adds communications between a victim of domestic violence and a private victim's advocate to the list of privileged communications.
Charges the Colorado bureau of investigation with the duty of reporting annually to the governor, the president of the senate, and the speaker of the house of representatives concerning the number of assaults related to and the number of deaths directly attributable to domestic violence.
Authorizes a court issuing a restraining order to prevent domestic abuse to grant parenting time with conditions, including supervision of such parenting time. Prohibits a court from denying such a restraining order solely due to a lapse in time between an act of domestic abuse and the filing of the petition for the restraining order. If the petitioning party is unable to serve the defendant, directs the court to extend the temporary restraining order to prevent domestic abuse without the necessity of a hearing. Prohibits a court from granting a mutual restraining order to prevent domestic abuse for the protection of opposing parties unless each party meets the required burden of proof. Clarifies that a person who has been excluded from a shared residence due to a restraining order to prevent domestic abuse is entitled to avail himself or herself of the remedies under the forcible entry and detainer statutes. Gives landlords the same ability if the lessee has been excluded by a restraining order. Centralizes and standardizes the duties of a peace officer in enforcing restraining orders to prevent domestic abuse.
Identifies the procedure to be followed for registering a restraining or similar order issued by a court of another state or jurisdiction, and empowers a court in this state to enforce such orders.
Authorizes the restriction of a criminal defendant's calling privileges from a jail or correctional facility if such defendant's alleged victim is able to demonstrate the violation of a restraining order by the defendant.
Adds the evaluation of the safety of the victim and the victim's children to the list of items which the probation department's presentence victim impact statement may include. Requires as a condition of every bail bond in domestic violence cases that the released person acknowledge the restraining order in effect. Includes the restraint of the defendant from contact with the victim or the victim's family members in domestic violence cases among those conditions of probation which a court may order. Lists additional items which the court shall require as conditions of probation in domestic violence cases.
Repeals the peace bond statute.
When requesting the filing of any criminal case, requires a law enforcement agency to identify whether the factual basis of the charge being requested includes an act of domestic violence. Requires law enforcement agencies that issue complaints, summonses, or summonses and complaints to identify on the face of such documents whether the charge includes an act of domestic violence. Directs such information to be provided in the criminal justice information system network. Requires the court to identify whether the factual basis of the charges includes an act of domestic violence and whether such designation needs to be added or eliminated from the system based upon the court's findings in the case. Directs the court to eliminate the designation of domestic violence if the defendant is found not guilty of the alleged crime or if the case is dismissed. Establishes access to such computerized criminal justice information by any sentencing court, probation office, or other pretrial services agency preparing a report on domestic violence cases.
Lists additional provisions which a court may order on the motion of the prosecuting attorney or on its own motion as part of the automatic criminal justice restraining order in domestic violence cases. In domestic violence cases, conditions the release of a criminal defendant on bail on the statement of the terms of the restraining order by the court and the acknowledgment by the defendant of such order. Requires the prosecuting attorney to notify the alleged victim, the complainant, and the protected person of the restraining order if such persons are not present at the time the restraining order is issued. Authorizes a defendant or the prosecuting attorney to request a hearing before the court to modify the terms of the restraining order. Directs the prosecuting attorney to send notice of such a hearing to the defendant and to the alleged victim.
Sets forth a victim's right to be informed of the defendant's violation of any condition of probation and the right to receive copies of all probation reports sent to the court and to receive notice of probation revocation hearings in domestic violence cases.
Applies to orders entered on or after July 1, 1994.
APPROVED by Governor June 3, 1994
EFFECTIVE July 1, 1994
H.B. 94-1276 Transfer of handguns - statewide instant criminal background check established - transferor duties - duties and powers of the Colorado bureau of investigation - fees - cash fund created - penalties - repeal - appropriation. Requires the Colorado bureau of investigation (CBI) to administer a statewide instant criminal background check system in connection with the transfer of handguns in this state. Expresses the general assembly's intent that the system be implemented in a manner that is consistent with the federal "Brady Handgun Violence Prevention Act", and any federal rules adopted pursuant to the act. Also states the general assembly's intent that the CBI act as the authorized government official for the purpose of implementing the act in accordance with the federal law.
Prohibits licensed firearm importers, manufacturers, and dealers from transferring a handgun to any person who: Is prohibited under local, state, or federal law from purchasing, receiving, or possessing a handgun; has been convicted of specified crimes involving the use of force against a spouse, a former spouse, or a child; or is subject to a restraining order to prevent domestic abuse or a restraining order issued in connection with the specified crimes. Limits the prohibition with respect to restraining orders issued by state courts.
Disallows licensed firearm importers, manufacturers, and dealers from transferring a handgun to any person, other than another transferor or licensed collector, until the transferor completes each of the following actions: Provides to and obtains from the transferee a form adopted by the CBI which requests the transferee's name, date of birth, gender, race, and social security number or other acceptable identification number; inspects proper identification of the transferee, which may include a form containing a photograph of the transferee; collects a fee from the transferee for the purpose of processing the criminal history instant check of the transferee; requests the CBI, via a toll-free telephone call, to conduct an instant check of any information concerning the transferee that has been reported and is reflected in the CBI's computerized data base system as of the date of the request; and receives a unique approval number for the inquiry from the CBI and records the date and the approval number on the form completed by the transferee.
Defines "handgun" as a firearm that has a short stock and is designed to be held and fired by the use of a single hand, and any combination of parts from which such firearm can be assembled.
Describes the transferor's responsibilities under circumstances where telephone services are interrupted due to natural disasters, situations involving a risk to the public safety, or other bona fide emergency, or for any other reason beyond the control of the transferor. Under those circumstances, prohibits a transferor from transferring a handgun for 30 hours or until telephone service is available, whichever occurs earlier, and requires the transferor to complete a CBI form and submit a report to the CBI within 24 hours after the transfer of a handgun.
Makes the CBI responsible for administering a statewide instant criminal background check system in connection with the transfer of handguns. Upon receipt of a request from a transferor for a criminal history check, requires the bureau to review its criminal history records during the transferor's call. Requires the CBI to check its records as quickly as possible. If the CBI's review indicates that the transferee is not prohibited from purchasing, receiving, or possessing a handgun, requires the bureau to provide an approval number to the transferor. If the CBI's review indicates that the transferee is prohibited from purchasing, receiving, or possessing a handgun, requires the CBI to provide a non-approval number to the transferor. Requires the executive director of the department of public safety to adopt rules concerning the instant criminal background check system.
Describes the CBI's responsibilities in the event of any scheduled computer downtime, electronic failure, or similar problem that delays the CBI's ability to respond during a transferor's phone call. Requires the bureau to immediately notify the transferor of the reason for and estimated length of any delay and within 24 hours to issue an approval or non-approval number. Allows a transferor to transfer a handgun if the CBI has failed to provide an approval or non-approval number within 24 hours.
Allows a transferee to request a review of the CBI's decision to issue a non-approval number for a transferee and a review of the CBI's criminal history records. Requires a transferor to provide a transferee with written information prepared by the CBI concerning the procedure by which the person may request a review of CBI's decision and records. Makes the transferee responsible for obtaining and providing any dispositional information to the CBI if that information is not included in the CBI's records and the information indicates that a transferee is not prohibited from receiving or possessing a handgun.
Makes records that are created or maintained by the CBI to conduct the criminal history check confidential, and prohibits the CBI and all of its employees from disclosing any information pertaining to the check. Requires the bureau to destroy any record created or obtained for the background check as soon as possible, but no later than 48 hours after the day the CBI issues an approval number to the transferor.
Allows the CBI to maintain records of the national crime information center transactions to the extent required by federal law and to maintain a log of the dates of requests for criminal history records checks, unique approval and non-approval numbers, license identification numbers, and transaction numbers corresponding to such dates for a period of no more than 2 years, unless otherwise prohibited by federal law.
Prohibits use of information obtained under the instant check system against a transferee for any purpose other than law enforcement purposes. Requires the CBI to immediately notify law enforcement agencies after it provides a transferor with a non-approval number for a transferee. Directs the CBI to provide the law enforcement agencies with any criminal background information and any information provided by the transferor concerning the transferee.
Requires the CBI director to establish a fee to be charged to a transferor each time the transferor makes a request using the statewide instant criminal background check system. Creates the statewide instant criminal background check cash fund, and requires the CBI to transfer any fees collected to the fund.
Makes it unlawful for: Any transferee willfully and knowingly to provide false information or fraudulent identification in connection with a transfer; any transferor, or employee or agent of the transferor, to violate the provisions of the act; any person to acquire knowingly a handgun for a person who is prohibited by local, state, or federal law from purchasing, receiving, or possessing a handgun; any transferor to request criminal history records under false pretenses or willfully and intentionally to disseminate criminal history record information to any person other than the transferee; or any agent or employee, or former agent or employee, of the CBI to intentionally violate the provisions of the act. Makes each violation a class 1 misdemeanor punishable by 6 to 18 months imprisonment, a $500 to $5,000 fine, or both.
Provides immunity from civil, criminal, or licensing sanctions to CBI, law enforcement, and court personnel who, in good faith, comply with the act. Provides the same immunity to transferors who comply with the act.
Exempts law enforcement officers and CBI agents as transferors and transferees under the act when the transfer of a handgun is made for official law enforcement purposes. Exempts licensed collectors as transferors and transferees under the act.
Prohibits transferors from complying with the federal "Brady Handgun Violence Prevention Act" in any manner other than that set forth in the article.
Appropriates $105,669 and 2.0 FTE from the statewide instant criminal background check cash fund during the current fiscal year for the implementation of the act.
Appropriates $187,985 and 6.0 FTE for fiscal year 1994-95 from the statewide instant criminal background check cash fund for the implementation of the act.
Makes the act applicable to handgun transfers on and after February 28, 1994, the implementation date required under the federal "Brady Handgun Violence Prevention Act".
Repeals the new law, effective February 28, 1999, which is the date of the implementation of the federal national instant criminal background check system.
APPROVED by Governor February 26, 1994
EFFECTIVE February 26, 1994
H.B. 94-1278 Conditional release from commitment of criminal defendants - revocation. Provides that a court order conditionally releasing a criminal defendant from commitment after a verdict of not guilty by reason of insanity or impaired mental condition shall include notice of the statutory provisions pursuant to which such release may be revoked.
Changes how revocation proceedings shall be initiated. Requires the superintendent of the Colorado mental health institute at Pueblo or the director of a community mental health center, upon probable cause to believe that a defendant is ineligible to remain on conditional release, to apply for a warrant directing the appropriate law enforcement officer to take custody of such defendant. Requires the law enforcement officer to deliver the defendant to the Colorado mental health institute at Pueblo. Upon the defendant's return to the institute, requires the superintendent to provide notice to the district attorney for the 10th judicial district who shall, within 72 hours after such notice, file a petition for the revocation of the defendant's conditional release.
Establishes that the district court for the 10th judicial district shall have jurisdiction and venue to accept a petition and to enter an order for the temporary revocation of a defendant's conditional release. Clarifies that the committing court shall hold the final hearing on the petition for revocation.
APPROVED by Governor May 25, 1994
EFFECTIVE July 1, 1994
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