S.B. 02-10 Sex offenders - registration - future appropriations. Repeals and reenacts the sex offender registration provisions. Relocates the procedural provisions concerning sex offender registration. Relocates the provisions requiring nursing care facilities to conduct criminal history checks on employees. Reenacts the crime of failure to register as a sex offender.
Requires a person to register as a sex offender, on the grounds that the underlying factual basis of the offense of which the person was convicted involved unlawful sexual behavior, only under specified circumstances.
Beginning January 1, 2003, requires the court, at sentencing, initially to register a sex offender electronically. Authorizes the state court administrator to receive and expend public or private gifts, grants, or donations for implementation of the court registration provisions and makes implementation of such provisions conditional upon receipt of sufficient funds. Clarifies which parties must provide notice to the sex offender of the duty to register and the procedure and timing of the notice. Directs the probation department to provide notice to the Colorado bureau of investigation ("CBI") of any changes in the conditions or termination of a person's probation. Instructs the administrator of a community corrections program, or a designee, to provide notice to the CBI of any changes in the conditions or termination of a person's direct sentence to community corrections. Instructs the CBI to notify the appropriate law enforcement agency in either situation.
For persons sentenced to a county jail on or after January 1, 2003, directs the sheriff, or a designee, to confirm the person's registration and to give the person, prior to discharge from custody, notice of the duty to register. For persons sentenced to the department of corrections ("department") on or after January 1, 2003, directs the department to confirm the person's registration and to give the person, prior to release or discharge, notice of the duty to register.
Provides that failure properly to provide notice of the duty to register is not a defense to the offense of failure to register as a sex offender if the person has actual notice of the duty to register. Requires a person to register in each jurisdiction in which the person establishes a residence. Specifies evidence that may be used to demonstrate establishment of a residence.
Clarifies that a sex offender who is not sentenced to incarceration must initially register or, if sentenced on or after January 1, 2003, confirm registration with a local law enforcement agency within 5 business days after receiving notice of the duty to register. Requires all sex offenders, not just those to be posted on the internet, to sit for a photograph and provide fingerprints each time the sex offender registers. Clarifies that a person who discontinues residence in a jurisdiction shall file a cancellation of registration form with the appropriate law enforcement agency.
Directs the local law enforcement agency to provide to the CBI registration information within 3 business days after the required date of registration. Directs the CBI to provide a statewide standardized registration form for use by the courts, probation departments, community corrections programs, the department of corrections, the department of human services, and local law enforcement agencies. Requires a local law enforcement agency, within 3 business days after receiving notice from the CBI of a failure to register, to provide written confirmation of such failure. Delays the effectiveness of any requirement included in the act for electronic notification or transmission of information until January 1, 2003, and directs that, prior to said date, such notification or transmission shall be accomplished through any standard means of transmittal.
Clarifies that the Colorado sex offender registry ("registry") is created and maintained by the CBI and shall include persons ordered to register as a condition of parole. Identifies the CBI as the custodian for all documents pertaining to sex offender registration. Allows the CBI to release registry information to individuals under the same circumstances that individuals may receive sex offender information from their local law enforcement agencies, and specifies that the CBI may release the same information that a local law enforcement agency may release. Directs the executive director of the department of public safety to promulgate rules defining "need to know" for purposes of releasing sex offender information. Allows the CBI to charge a fee for release of such information. Creates the sex offender registry fund for receipt of such fees, and provides that money in the fund may be appropriated to pay for the costs, including personnel and equipment, incurred in operating and maintaining the registry. Authorizes the CBI to receive and expend public or private gifts, grants, or donations to establish and maintain the registry.
Allows a person who was younger than 18 years of age, rather than 16 years of age, at the time of adjudication or disposition to petition the court for discontinuance of the duty to register and removal from the registry immediately upon discharge from the person's sentence. Directs the court, in determining whether to grant the petition, to consider testimony provided by the victim of the offense. In any case in which a person submits a petition to discontinue the duty to register, requires the court to notify the victim of its decision either to continue or discontinue the duty.
Expands the venue for prosecuting a person for failure to register as a sex offender to include the county in which the person was released from incarceration.
Clarifies that the state board of parole may, as a condition of parole, order any person convicted of an offense, the underlying factual basis of which has been determined by the department of corrections to involve unlawful sexual behavior, to register as a sex offender while he or she is on parole. Requires the department of corrections, within 5 business days after the person is discharged from parole, to notify the CBI to remove such person's name from the registry.
For the 2003-04 through 2005-06 fiscal years, allows the general assembly, under certain circumstances, to appropriate money from the offender services fund to offset the costs incurred in operating and maintaining the registry. Specifies that no additional general fund appropriations are necessary to implement the act. Identifies anticipated future appropriations in the amount of $159,883 and 2.2 FTE from the sex offender registry fund and from moneys received by the CBI in conducting criminal history checks for implementation of the act.
APPROVED by Governor June 3, 2002
EFFECTIVE July 1, 2002
S.B. 02-19 DNA testing - biological substance sample - payment for collection and testing - offender identification fund. Changes "blood" to "biological substance sample" in each DNA testing provision. Clarifies the offender will pay for both the collection and chemical testing of the biological substance. Collapses the sex offender identification fund into the offender identification fund. Transfers any moneys in the sex offender identification fund to the offender identification fund. Prioritizes payment of probation supervision fees, drug offender surcharges, sex offender surcharges, and DNA collection and testing fees before payment of other fines, fees, or surcharges.
APPROVED by Governor June 3, 2002
EFFECTIVE July 1, 2002
S.B. 02-36 Community or useful public service - fee increase. Increases the amount assessed upon every person required to perform community or useful public service from $60 to $120. Allows for-profit entities to establish community or useful public service programs. Specifies that a for-profit entity that has a contract with a governmental entity shall be liable under the "Workers' Compensation Act of Colorado" or the "Colorado Employment Security Act" and that a for-profit entity is not prohibited from purchasing and keeping in force a policy of workers' compensation insurance.
APPROVED by Governor April 18, 2002
EFFECTIVE July 1, 2002
S.B. 02-37 State crime victim compensation fund - repeal redistribution - repeal fund. Repeals the requirements for annual redistribution of excess state crime victim compensation fund moneys. Repeals the state crime victim compensation fund.
APPROVED by Governor March 21, 2002
EFFECTIVE March 21, 2002
S.B. 02-39 Drug sentences reduction - one gram or less - drug treatment. Decreases the penalty for use of a schedule I or II controlled substance to a class 6 felony. Reduces to a class 6 felony the penalty for a first possession offense when the amount of a schedule I through IV controlled substance is one gram or less. Lowers to a class 4 felony the penalty for a second or subsequent possession offense when the amount of a schedule I through IV controlled substance is one gram or less.
Creates the drug offender treatment fund. Creates a state drug offender treatment board ("state board"). Identifies the state board membership as the president of the Colorado district attorneys' council, the state public defender, and the state court administrator, or such person's designee. Directs the state board to allocate at least 80% of drug offender treatment fund moneys to drug treatment programs and drug offender treatment boards in each judicial district and authorizes the state board to allocate up to 20% of the moneys to multi-jurisdictional drug treatment programs. Permits the state board to adopt rules and guidelines. Requires each judicial district to create a drug offender treatment board. Directs that each drug offender treatment board consist of a district attorney, a public defender, and a probation officer, or such person's designee. Stipulates that the drug offender treatment boards will distribute moneys to drug treatment providers in the judicial districts. Permits the drug offender treatment boards to adopt rules and guidelines.
Allows an offender who has 2 previous felony convictions and who is convicted of possession of one gram or less of a schedule I through IV controlled substance to be placed on probation.
Requires all portions of the act to return to existing language if the expected savings from the act are not applied to the drug offender treatment fund in the fiscal year beginning in 2004 or any fiscal year thereafter.
VETOED by Governor June 7, 2002
S.B. 02-50 Controlled substances - precursors - appropriations. Creates a class 3 felony for the possession of ephedrine, pseudoephedrine, or phenylpropanolamine or their salts, isomers, or salts of isomers with the intent to use the product as a precursor to any controlled substance.
Makes a 5-year statutory appropriation for implementation of the act as follows: For fiscal year 2002-03, appropriates $486,296 from the capital construction fund to the corrections expansion reserve fund; for the fiscal year 2003-04, appropriates $486,269 from the capital construction fund to the corrections expansion reserve fund and appropriates $190,757 in general fund moneys to the department of corrections; for fiscal year 2004-05, appropriates $485,269 from the capital construction fund to the corrections expansion reserve fund and appropriates $381,514 in general fund moneys to the department of corrections; for fiscal year 2005-06, appropriates $449,799 from the capital construction fund to the corrections expansion reserve fund and appropriates $572,271 in general fund moneys to the department of corrections; for fiscal year 2006-07, appropriates $748,721 in general fund moneys to the department of corrections.
Appropriates $14,373 and 0.3 FTE to the judicial department for allocation to the public defender for implementation of the act.
For implementation of the act, adjusts appropriations made in the 2002 general appropriation act by decreasing the general fund appropriations for performance-based pay by $500,642.
APPROVED by Governor June 6, 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.
S.B. 02-175 Corrections - sexual conduct in penal institutions - volunteers - contract employees. Clarifies that the crime of sexual conduct in penal institutions applies to contract employees, volunteers, and individuals who engage in work or volunteer functions in a correctional facility or a jail.
APPROVED by Governor May 24, 2002
EFFECTIVE July 1, 2002
H.B. 02-1019 Sex offenders - registration - not guilty by reason of insanity. When considering conditional release of a person or temporary physical removal from an institution of a person, allows a court to order such person to register with the local law enforcement agency of the jurisdiction in which the person plans to reside if the person was found not guilty by reason of insanity on a charge involving unlawful sexual behavior or if the chief officer of the institution in which the person is committed recommends registration based on information obtained during treatment that indicates the person has committed an offense involving unlawful sexual behavior.
Lists the items that shall be included in the court's order. Directs the department of human services to provide notice to the appropriate law enforcement agency and to the Colorado bureau of investigation ("CBI") of the person's release and the requirement that the person register.
Specifies where the person shall register and the information to be provided when registering. Directs the local law enforcement agency to forward the person's registration to the CBI. Includes the person's registration on the sex offender central registry. Maintains the confidentiality of information provided by persons required to register, except as otherwise provided for the release of information pertaining to registered, convicted sex offenders.
Upon completion of a period of 20 years following conditional release or temporary removal from an institution, allows a person to petition the court for an order discontinuing the registration requirement and removing the person's name from the central registry. Establishes the standard for issuing the order and the procedures for holding a hearing on the motion for an order.
APPROVED by Governor May 24, 2002
EFFECTIVE July 1, 2002
H.B. 02-1038 Possession of chemicals, equipment, or supplies with intent to manufacture controlled substances - appropriations. Makes it unlawful to possess one or more chemicals or supplies or equipment with intent to manufacture a controlled substance.
Makes a 5-year statutory appropriation for implementation of the act as follows: For fiscal year 2002-03, appropriates $486,269 from the capital construction fund to the corrections expansion reserve fund; for the fiscal year 2003-04, appropriates $506,530 from the capital construction fund to the corrections expansion reserve fund and appropriates $190,757 in general fund moneys to the department of corrections; for fiscal year 2004-05, appropriates $972,538 from the capital construction fund to the corrections expansion reserve fund and appropriates $389,462 in general fund moneys to the department of corrections; for fiscal year 2005-06, appropriates $770,976 in general fund moneys to the department of corrections; for fiscal year 2006-07, appropriates $770,976 in general fund moneys to the department of corrections.
Appropriates $12,947 and 0.3 FTE to the judicial department for allocation to the public defender for implementation of the act.
For implementation of the act, adjusts appropriations made in the 2002 general appropriation act by decreasing the general fund appropriations for performance-based pay by $499,216.
APPROVED by Governor June 6, 2002
EFFECTIVE July 1, 2002
H.B. 02-1046 Criminal sentencing - relocation. Relocates the provisions of certain criminal sentencing statutes in titles 16, 17, and 18, Colorado Revised Statutes, to a new article in title 18, Colorado Revised Statutes. Repeals most, but not all, of the current statutes containing the provisions being relocated. Conditions the enactment of certain sections of this act on the enactment of other bills.
APPROVED by Governor June 7, 2002
EFFECTIVE October 1, 2002
H.B. 02-1113 Peace officer personal information - posting on the internet. Prohibits anyone from knowingly posting the personal information of a peace officer on the internet if dissemination poses a imminent and serious threat to the safety of the officer or the officer's immediate family and the person posting the information knows or reasonably should know of the threat. Makes posting the personal information of a peace officer on the internet a class 1 misdemeanor.
APPROVED by Governor June 3, 2002
EFFECTIVE July 1, 2002
H.B. 02-1114 Sex offenders - registration - institutions of higher education. Requires sex offender registration forms to include a requirement that the registrant list the locations of all institutions of postsecondary education where he or she volunteers or is enrolled or employed. Compels all persons required to register as sex offenders to re-register when they change employment when they change employment or volunteer locations, if employed or volunteering at an institution of postsecondary education, or when they become employed by, enrolled in, or a volunteer at an institution of postsecondary education.
Directs the Colorado bureau of investigation to develop a database identifying all persons required to register who volunteer or are employed or enrolled at an institution of postsecondary education. Makes the database available to all law enforcement agencies in which jurisdictions an institution of postsecondary education is located. Requires each institution of postsecondary education to provide a statement to its campus community concerning where the campus sex offender registration information may be obtained.
Provides alternative sections to take effect contingent on the enactment of Senate Bill 02-010.
APPROVED by Governor June 3, 2002
EFFECTIVE July 1, 2002
NOTE: Senate Bill 02-010 was signed by the Governor June 3, 2002.
H.B. 02-1132 Sex offender management board - sex offender residences - study. Instructs the sex offender management board ("board"), within existing appropriations, to study the safety issues concerning living arrangements and locations for sex offenders. Directs the board, on or before March 15, 2004, to submit a report to the general assembly concerning the outcome of the study and, on or before July 1, 2004, to adopt guidelines, as necessary.
APPROVED by Governor March 27, 2002
EFFECTIVE March 27, 2002
H.B. 02-1141 Duration of sentences for felonies - public announcement. Requires a court imposing a prison sentence to publicly announce at sentencing that the defendant may spend less time incarcerated than the sentence term announced. Requires the court to announce that the actual time served by a defendant will be influenced by several factors. Clarifies that the announcement is not intended to grant any additional rights to the defendant. Specifies that the failure of the court to make the announcement shall not be grounds for the withdrawal of a guilty plea, the reversal of a conviction, or a reduction in sentence.
APPROVED by Governor June 3, 2002
EFFECTIVE July 1, 2002
H.B. 02-1145 Motor vehicle repair - deceptive trade practice - false air bag installation - penalty. Criminalizes installing or reinstalling, as a part of an air bag system, any object not designed in accordance with federal safety regulations for the make, model, and year of the vehicle. Makes the same conduct a violation of the "Colorado Consumer Protection Act". Punishes violators with a misdemeanor, and imposes a penalty of a fine of $2,500 to $5,000, or one year in the county jail, or both.
APPROVED by Governor April 3, 2002
EFFECTIVE July 1, 2002
H.B. 02-1225 Procedural changes in criminal laws - consent - disqualification of district attorney - grand juries - evidence of other acts. Limits the offenses for which a jury must be instructed on the definition of consent. Specifies that, in such cases, consent as an affirmative defense instruction shall not be given. Conforms language for second degree assault to current language for sexual assault and escape. Corrects references in sentencing statute to current language for sexual assault.
Establishes a procedure for disqualification of a district attorney. Prohibits a court from disqualifying a district attorney except when requested by the district attorney or when the court finds that the district attorney has a personal or financial interest or finds other special circumstances rendering it unlikely that the defendant would receive a fair trial.
Authorizes a court, on application of a prosecuting attorney, to issue a bench warrant for a person who, after being lawfully served with a subpoena, fails to appear before the grand jury.
Clarifies that restitution relating to check-writing offenses may be collected pursuant to pretrial diversion programs and that such programs do not constitute debt collection. Authorizes a probation officer to file an application for revocation of deferred judgment and sentence.
Repeals the requirement that the prosecution must establish a prima facie case for the charged offense before evidence of other acts may be admitted. Repeals the provision limiting certain collateral attacks on criminal judgments.
Prohibits persons convicted of felonies from serving on grand juries. Authorizes district attorneys cooperate or contract with one another for the administration and distribution of moneys received for mandated costs and to allocate up to 5% of the moneys appropriated for mandated costs for administrative costs.
APPROVED by Governor May 30, 2002
EFFECTIVE July 1, 2002
H.B. 02-1237 Substantive changes to criminal laws - sex assault on helpless victims and children - false imprisonment - controlled substance offenses - criminal mischief on jointly owned property - pawnbrokers - trespass in motor vehicles - indecent exposure - cruelty and aggravated cruelty to animals - obstruction of telephone service - child abuse. Makes sexual assault on helpless victims a class 3 felony rather than a sentence-enhancing element. Increases the classification of the offense of false imprisonment to a class 5 felony if the person uses force and confines another person for 12 hours or longer.
Includes out-of-state convictions as sentence-enhancing elements for drug convictions. Adds the manufacture or attempted manufacture of controlled substances to the crimes which result in special offender status if committed in or around a school or public housing development.
Specifies that for the crime of criminal mischief the damaged property may include property owned by the perpetrator jointly with another person or property owned by the perpetrator in which another person holds an interest. Clarifies that to establish a pattern of conduct for sexual assault on a child, conduct occurring after the commission of the charged offense may be used. Reduces the classification of felony offenses related to pawnbrokers to class 6 felonies. Adds motor vehicles to the areas to which the crime of second degree trespass applies. Changes the penalty from revocation to suspension of driver's license or permit for persons convicted of offenses relating to controlled substances. Makes indecent exposure to a child under 15 years of age a class 1 misdemeanor.
Makes a second or subsequent animal cruelty conviction a class 6 felony. Requires an offender with a second or subsequent animal cruelty conviction to be committed to the county jail or placed on home detention if the offender is sentenced to probation. Requires the court to enter judgment against the offender for the cost of care. Creates the class 6 felony crime of aggravated cruelty to animals. Specifies that a second or subsequent conviction is a class 5 felony.
Creates the new class 1 misdemeanor crime of obstruction of telephone or telegraph service. Repeals similar provisions under the crime of wiretapping.
Clarifies that any unlawful sexual behavior, as defined in the criminal code, is child abuse for purposes of dependency or neglect of a child. Clarifies that persons who are required to report abuse or neglect are to do so immediately upon receiving information creating reasonable cause to know or suspect that a child has been subjected to abuse or neglect.
Provides alternative effective dates for certain provisions of the act relating to cruelty to animals contingent on the enactment of House Bill 02-1292.
Makes certain provisions of the act relating to controlled substances contingent on the enactment of Senate Bill 02-039.
APPROVED by Governor June 7, 2002
PORTIONS EFFECTIVE July 1, 2002;
July 1, 2003
NOTE: House Bill 02-1292 was signed by the Governor May 30, 2002. Senate Bill 02-039 was vetoed by the
Governor June 7, 2002.
H.B. 02-1283 Chemical, biological, and radiological weapons - possession, use, removal, and hoaxes - appropriation. Adds chemical, biological, and radiological weapons to the criminal statute concerning use, possession, removal, and hoaxes of explosives. Provides an exception to authorized users for legitimate business activities.
Makes a 5-year statutory appropriation for implementation of the act as follows: For the 2002-03 fiscal year, appropriates $69,467 from the capital construction fund to the corrections expansion reserve fund; for the 2003-04 through 2006-07 fiscal years, makes an annual appropriation of $27, 251 in general fund moneys to the department of corrections.
Makes the 5-year statutory appropriation contingent upon the enactment of and savings realized from House Bill 02-1241.
APPROVED by Governor June 3, 2002
EFFECTIVE June 3, 2002
NOTE: House Bill 02-1241 was signed by the Governor May 24, 2002, and the fiscal estimate shows sufficient
general fund savings.
H.B. 02-1301 Introducing contraband - location - worksite - tobacco in private prisons - appropriation. Clarifies the crime of introducing contraband to include introducing contraband to any location where an inmate is or is likely to be located while in the custody and under the jurisdiction of a political subdivision of the state or the department of corrections. Clarifies the definition of "detention facility" to include any area, including a worksite, where persons may be held under the jurisdiction of the department of corrections. Clarifies that tobacco products fall within the definition of "contraband" for purposes of private contract prisons.
Appropriates $24,526 for the fiscal year beginning July 1, 2004, to the department of corrections for the implementation of this act.
APPROVED by Governor May 30, 2002
EFFECTIVE July 1, 2002
H.B. 02-1313 Peace officer, level I - district wildlife manager - parks and recreation officer - police administrator or police officer employed by the Colorado mental health institute at Pueblo. Defines district wildlife managers, parks and recreation officers, and police administrators or police officers employed by the Colorado mental health institute at Pueblo as "peace officers, level I."
Clarifies that a person employed by an organization that is added to the definition of "peace officer, level I," on or after January 1, 2002, shall not be a peace officer, level I, until such time that the peace officers standards and training (P.O.S.T.) board verifies that such person has received P.O.S.T. certification. Requires the organization that employs such person to submit the employee's name to the P.O.S.T. board to allow the board to verify such certification.
Requires that any person employed by an organization that is added to the definition of "peace officer, level I," on or after January 1, 2002, to complete a minimum of 40 hours of continuing law enforcement education per year in order to continue to be classified as a peace officer, level I.
Allows security officers who are peace officers, level I, to carry weapons, investigate, and make arrests when not on state owned or leased property.
Requires the P.O.S.T. board to reevaluate the current levels of peace officer, to the extent such reevaluation is possible within the current budget, and to make recommendations to the general assembly about any proposed changes to such levels.
APPROVED by Governor May 30, 2002
EFFECTIVE May 30, 2002
H.B. 02-1404 Civil forfeiture - reform. Includes multi-jurisdictional law enforcement task forces in the definition of "seizing agency" for purposes of the forfeiture statutes.
Changes the evidentiary burden in nuisance and forfeiture actions to clear and convincing evidence for the plaintiff. Requires proof the property was instrumental in the commission of the crime. Directs the court to find, prior to entry of judgment, the value of the property is proportional to the crime and is not excessive. Delineates criteria for the court to use during proportionality review. Defines "innocent owner" with respect to an ownership interest at the time of the criminal act and with respect to ownership interest acquired after the criminal act. Prohibits the forfeiture of an innocent owner's property.
Proscribes a judgment of forfeiture prior to conviction of certain offenses with particular exceptions. Allows forfeiture without a previous conviction if the owner is a fugitive, no one claims an interest in the property, the plaintiff proves the property was instrumental in the offense or the property is traceable proceeds of the offense and the owner or deceased owner is not an innocent owner, or the owner receives a deferred judgment, deferred sentence, or diversion. Compels the court to enter a judgment in the claimant's favor in the forfeiture action if the claimant is found not guilty.
Delineates the distribution of proceeds from the seized property first to payment of liens, second to partial innocent owners, third to victims, fourth for costs of sale, maintenance, and storage of the property, fifth to the district attorney for costs, sixth to the court clerk for administration costs, and the remaining balance is split between the general fund of the governing board of the seizing agency and drug treatment programs in the jurisdiction of the forfeiture proceeding. Allows a partial innocent owner to purchase the property at a private sale for fair market value. Describes the procedure for disposition of seized property. Requires the district attorney to prepare a motion and a proposed order for distribution of the forfeited proceeds. Outlines the distribution of forfeiture proceeds from the federal government.
If a rental vehicle has been seized, directs law enforcement to inform the rental company of the seizure. Requires return of the rental vehicle if requested by the rental company and it is not being kept for evidentiary purposes or the law enforcement agency has probable cause to believe the rental company had knowledge or notice the vehicle would be used for criminal activity.
Requires all forfeiture actions to proceed in state district court if the property was seized by a state or local law enforcement agency. Prohibits transfer of seized property to a federal agency for a federal forfeiture action unless directed by an authorized federal agent or the person is being prosecuted in federal court.
Requires each elected district attorney to file a forfeiture report annually for the previous calendar year with the department of local affairs. Compels any law enforcement agency that receives federal forfeiture proceeds to file a copy of its federal accounting report with the department of local affairs. Requires the alcohol and drug abuse division in the department of human services to prepare an annual accounting of forfeiture proceeds received by each managed service organization.
Conforms forfeiture proceedings under the "Colorado Organized Crime Act" to the provisions of the act.
APPROVED by Governor May 31, 2002
EFFECTIVE July 1, 2002
H.B. 02-1459 Criminal history record checks - fingerprints - use for employment purposes - federal requirements - compliance - appropriation. Adds provisions regarding fingerprint-based criminal history record checks that contain the necessary components required by federal law for checks involving:
Applies the fingerprint-based criminal history check provisions to school district personnel employed before January 1, 1991. Deletes an exception to the fingerprinting requirements regarding school district personnel who have submitted fingerprints within the last 2 years and who consent to the transfer of the fingerprints.
Eliminates federal references in the statute regarding criminal history record checks for private security guards, but retains the requirement to conduct such a check using state records. Also eliminates federal references in the statute regarding criminal history record checks for any regulated professions or occupations generally, but retains the requirement to conduct such a check using state records.
For fiscal year 2002-03, appropriates $7,800 to the department of revenue, state lottery division and $135,000 to the department of regulatory agencies, real estate division, from fingerprint and name check processing fees. Appropriates $142,000 and 0.6 FTE to the department of public safety, Colorado bureau of investigation, from the department of revenue and the department of regulatory agencies out of appropriations made above.
APPROVED by Governor June 1, 2002
EFFECTIVE June 1, 2002
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