S.B. 02-18 Demonstration drug courts - continued funding - source of funding changed - probation supervision fee - appropriation. Continues the funding for the demonstration drug courts. Changes the funding source from the drug offender surcharge fund to the offender services fund. Increases the monthly probation supervision fee from $35 to $45.
Appropriates $729,399 and 5.8 FTE to the judicial department from the offender services fund. Allocates $63,390 and 1.6 FTE of this amount to the public defender.
APPROVED by Governor June 1, 2002
EFFECTIVE July 1, 2002
S.B. 02-54 Jurors - creation of master juror list. Expands the groups used for supplementation of voter registration lists for the purposes of creating the master juror list. Directs that the department of revenue match the drivers license lists used for the master juror list with the most recent address of the individual used for income tax purposes and supply any additional income tax address to the state court administrator. Authorizes the executive director of the department of revenue to release identifying information regarding taxpayer names, addresses, and year of birth, if available, to the state court administrator for the purpose of compiling the master juror list. Directs that those persons who receive taxpayer information for the purpose of compiling the master juror list shall be subject to the limitations and the penalties provided under statute regarding the disclosure of taxpayer information. Shifts the administrative responsibility for supplementing the master juror list from the state supreme court to the state court administrator.
APPROVED by Governor June 1, 2002
EFFECTIVE June 1, 2002
S.B. 02-84 Property subject to levy - property subject to judicial process. Specifies that only Colorado judgments and foreign judgments that have been domesticated in accordance with Colorado law are entitled to judgment liens.
Replaces certain terms related to judgment liens with terminology consistent with that used by the courts and the clerks and recorders. In the case of a judgment lien, clarifies which court clerk gives the transcript of a judgment record and which property is subject to the lien.
Clarifies that a lien expires 6 years after the entry of judgment and specifies the procedure for continuing the lien before expiration of such lien. States that the lien of any judgment shall expire if the judgment is satisfied or considered satisfied pursuant to Colorado law.
Specifies the statutory provisions that govern liens for judgment in the case of judgments for child support and maintenance in domestic cases and orders of restitution in criminal cases.
Specifies the recording procedure regarding property subject to a judgment lien in a county that is annexed to or incorporated into another county after the date that such judgment is recorded.
Clarifies that a lis pendens may be filed only with respect to an action in a Colorado state court or in a federal district court in Colorado.
APPROVED by Governor March 21, 2002
EFFECTIVE March 21, 2002
S.B. 02-168 Evidence - mortality table - inheritance tax. Repeals the "inheritance and succession tax law" which is applicable to persons dying before January 1, 1980.
Updates the mortality table used as evidence in judicial proceedings in order to account for the most recent statistics from the national center for health statistics.
APPROVED by Governor June 7, 2002
EFFECTIVE July 1, 2002
S.B. 02-169 Property exempt from levy and sale - Roth IRAs. Exempts from levy and sale under a writ of attachment or execution property held in a Roth individual retirement account.
APPROVED by Governor May 24, 2002
EFFECTIVE May 24, 2002
S.B. 02-219 Property exempt from levy and sale - agriculture exemption. Specifies that only one agriculture exemption in the aggregate value of $25,000 will be allowed for a debtor and his or her spouse in a debt collection proceeding. Clarifies that a debtor or his or her spouse in a debt collection proceeding who wishes to exempt certain property from levy and sale may utilize either the agriculture exemption or the occupational exemption, but not both.
Specifies that the act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the purposes of the act.
APPROVED by Governor June 7, 2002
EFFECTIVE July 1, 2002
H.B. 02-1034 Restraining order fees - victims of domestic abuse, domestic violence, stalking, or sexual assault. Repeals the $10 law enforcement restraining order service-of-process fee. Prohibits the assessment of a filing fee for a civil restraining order unless the court finds the petitioner is not seeking the restraining order as a victim of domestic abuse, domestic violence, stalking, or sexual assault. Prohibits a state agency or public agency from charging a service-of-process fee if the petitioner is seeking relief as a victim of domestic abuse, domestic violence, stalking, or sexual assault. Permits the court to assess the filing fee, service-of-process fees, and costs against the respondent at the permanent restraining order hearing.
APPROVED by Governor June 3, 2002
EFFECTIVE July 1, 2002
H.B. 02-1054 Name change - fingerprint-based criminal history check - prohibition on felons - appropriation. Requires a petition for a name change by a person 14 years or older to include the results of a fingerprint-based criminal history check. Specifies the required extent of the fingerprint-based criminal history check. Obligates the petitioner to submit fingerprints to the Colorado bureau of investigation, submit certified records of any criminal disposition not reflected in the fingerprint-based criminal history check, and pay for the fingerprint-based criminal history check. Prohibits the court from granting a petition for a name change to anyone convicted of a felony in this state or any other state or under federal law.
Appropriates $126,633 and 0.3 FTE to the department of public safety, Colorado bureau of investigation for implementation of this act.
APPROVED by Governor June 3, 2002
EFFECTIVE June 3, 2002
H.B. 02-1101 Family-friendly courts program - appropriation. Creates the family-friendly court program ("program") as a 3-year pilot program. Specifies that the purpose of the program is to establish or enhance existing family-friendly court programs in judicial districts throughout the state to provide quality child care services in or near courthouses and to serve as clearinghouses of information and resource referrals. Specifies that, to be eligible for funding under the program, a judicial district shall apply to the state court administrator in accordance with timelines and guidelines adopted by the state court administrator. Directs the state court administrator to announce to all judicial districts the availability of grants for the establishment or enhancement of family-friendly court programs.
Identifies the duties of the judicial districts that are selected by the state court administrator for funding through the program. Specifies the information and resource referrals that the family-friendly court services shall make available to patrons of the program.
Authorizes judicial districts and the state court administrator to accept private and public funds, grants, gifts, and donations for the purpose of implementing the program. Creates the family-friendly court program cash fund for such moneys and any moneys that may be appropriated to the fund directly by the general assembly. Specifies that, on and after July 1, 2002, a one-dollar surcharge assessed for traffic offenses and infractions shall also be credited to the family-friendly court program cash fund for grants by the state court administrator.
Repeals the program effective July 1, 2005.
For the 2002-03 fiscal year, appropriates $122,200 and 0.5 FTE to the judicial department from the family-friendly court program cash fund for the implementation of the program.
APPROVED by Governor May 24, 2002
EFFECTIVE July 1, 2002
H.B. 02-1106 Witnesses - testimony - prior statements by persons incapable of testifying - admissibility. Modifies the restrictions on the admissibility of testimony concerning prior statements made by persons incapable of testifying.
APPROVED by Governor March 13, 2002
EFFECTIVE July 1, 2002
H.B. 02-1287 Firearm transfers - mental health adjudications - reports by court clerks to national instant criminal background check system. Directs the clerk of the court of every judicial district in the state and the probate court of the city and county of Denver to report to the national instant criminal background check system (NICS) the name of each person with respect to whom the court has entered:
Directs the clerk of the court of every judicial district in the state and the probate court of the city and county of Denver to cancel a record made by that clerk in NICS upon the written request of the person to whom the record pertains if, at least 3 years before the date of the request:
Specifies that the disclosure of information by court clerks pursuant to this act shall not constitute the theft of medical records or information.
Makes the act applicable to court orders entered on and after July 1, 2002.
APPROVED by Governor May 30, 2002
EFFECTIVE May 30, 2002
H.B. 02-1312 Adoption hearings - termination appeals - relinquishment hearings - court docket priority - exceptions. On and after July 1, 2002, gives docket priority to any hearing concerning a petition for adoption or concerning a petition related to a child who is available for adoption due to an order of the court terminating the parent-child legal relationship filed with a district court, the Colorado court of appeals, or the Colorado supreme court. If there is no determination on such a case within 6 months after the filing of the petition, gives the hearing a priority on the court's docket that supersedes the priority of any other priority civil hearing. Specifies that the priority of a hearing concerning the issuance of a specified temporary restraining order is not affected by these provisions.
On and after July 1, 2002, gives docket priority to any hearing concerning a petition for relinquishment filed in a district court, the Colorado court of appeals, or the Colorado supreme court. If there is no determination on such a case within 2 months after the filing of the petition, gives the hearing a priority on the court's docket that supersedes the priority of any other priority civil hearing. Specifies that the priority of a hearing concerning the issuance of a specified temporary restraining order is not affected by these provisions.
APPROVED by Governor June 7, 2002
EFFECTIVE July 1, 2002
H.B. 02-1330 Writ of attachment - writ of execution - exempt property - period of exemption. Increases the amount of the cash surrender value of policies or certificates of life insurance that is exempt from writs of execution or writs of attachment issued against the insured from $25,000 to $50,000. Changes the period of time during which increases in cash value from moneys contributed to a policy or certificate of life insurance prior to the issuance of a writ of attachment or writ of execution are not exempt from such writs from 24 months to 48 months.
APPROVED by Governor May 24, 2002
EFFECTIVE August 7, 2002
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi
of this digest.
H.B. 02-1334 Dishonored checks - notice by regular mail. Permits the holder of a dishonored check, draft, or order who seeks treble damages to give the notice of dishonor by regular mail supported by an affidavit of mailing.
APPROVED by Governor April 18, 2002
EFFECTIVE August 7, 2002
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi
of this digest.
H.B. 02-1396 Statute of limitations - criminal and juvenile delinquency proceedings - sex crimes against children - appropriation. For certain sex crimes against children, tolls the 10-year limitation period in which to bring a criminal prosecution or a juvenile delinquency prosecution until the victim is 18 years of age.
Makes a 5-year statutory appropriation for implementation of the act as follows: For fiscal year 2002-03, appropriates $69,467 from the capital construction fund to the corrections expansion reserve fund; for the fiscal year 2003-04, appropriates $27,251 in general fund moneys to the department of corrections; for fiscal year 2004-05, appropriates $27,251 in general fund moneys to the department of corrections; for fiscal year 2005-06, appropriates $27,251 in general fund moneys to the department of corrections; for fiscal year 2006-07, appropriates $27,251 in general fund moneys to the department of corrections.
Makes the act contingent upon the passage of and the savings generated by House Bill 02-1292.
APPROVED by Governor June 3, 2002
EFFECTIVE June 3, 2002
NOTE: House Bill 02-1292 was signed by the Governor May 30, 2002, and the fiscal estimate shows sufficient
general fund savings.
|
||||
|
|
||||
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.