S.B. 04-37 Interim oversight committee and task force - examination of treatment of persons with mental illness who are involved in the justice system - continuation - repeal - appropriation. Establishes a legislative oversight committee to continue to examine the treatment of persons with mental illness who are involved in the criminal and juvenile justice systems. Requires the committee to report annually to the general assembly on the issues studied, and authorizes the committee to propose legislative changes based on recommendations from the task force examining the treatment of persons with mental illness who are involved in the criminal and juvenile justice systems.
Creates a task force to continue examining specific issues related to the treatment of persons with mental illness who are involved in the criminal and juvenile justice systems and to provide guidance and recommendations to the legislative oversight committee. Requires the task force to obtain input from groups in the state affected by the issues studied by the task force.
Makes payment of the committee and staff support for the committee and task force dependent upon contributions, grants, and donations. Establishes the examination of the treatment of persons with mental illness in the criminal justice system cash fund ("fund").
Repeals the oversight committee and the task force, effective July 1, 2010.
Appropriates $21,826 from the fund to the legislative department for implementation of the act.
APPROVED by Governor June 4, 2004
EFFECTIVE June 4, 2004
S.B. 04-41 Adult at-risk victims and witnesses - video depositions - appointment of a judge to preside. Permits a trial judge, after consultation with the chief judge of the judicial district, to appoint, in his or her place, an active or senior district or county court judge to preside over a deposition conducted pursuant to rule 15 (d) of the Colorado rules of criminal procedure. Requires the deposition to be preserved on a video imaging format.
APPROVED by Governor April 13, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
S.B. 04-46 Victim protection - protection order regarding information related to a victim or witness. Allows the court, upon a prosecution motion or the court's own motion, to issue a protective order related to disclosure of information regarding the victim or a witness. Allows the court to punish violations of the protective order under its contempt powers. Permits the victim who would be the subject of the protective order to object.
APPROVED by Governor April 8, 2004
EFFECTIVE April 8, 2004
S.B. 04-82 Alcohol beverages - underage tasting - food industry education. Exempts from the underage drinking prohibition persons who taste alcohol in the course of studying food preparation, service, or management at an accredited post-secondary school. Protects post-secondary schools from civil liability concerning such tastings.
APPROVED by Governor May 27, 2004
EFFECTIVE July 1, 2004
S.B. 04-154 Sex offender registration. Clarifies the registration requirements that apply to a sex offender who is in Colorado temporarily. Clarifies that a person who was convicted of unlawful sexual behavior in a military or federal jurisdiction is required to register as a sex offender. Extends to January 1, 2005, the effective date of all of the statutory provisions relating to requiring the court to initially register sex offenders and implementation of electronic transmission of information concerning registration of sex offenders. Directs the Colorado bureau of investigation ("CBI") to notify the probation department upon implementation of electronic filing protocols, and, upon receipt of the notice, removes the duty imposed on the probation department to prepare a standardized registration form for a person required to register as a sex offender.
Requires the probation department for a sex offender who is sentenced to probation, the administrator of a community corrections program for a sex offender who is sentenced to community corrections, and the department of corrections ("DOC") for a sex offender who is sentenced to incarceration, to notify the CBI only of specified circumstances affecting the sex offender, including whether the sex offender absconds or dies. Increases from 5 days to 10 business days prior to release the deadline by which the DOC is to notify a sex offender of the duty to register.
With regard to a sex offender who is required to register in a jurisdiction other than Colorado and who is present in Colorado, directs the chief local law enforcement officer, or his or her designee, of the Colorado jurisdiction in which the sex offender is present, as soon as possible after learning of the sex offender's presence, to notify the sex offender of the duty to register in Colorado.
Requires a sex offender to pay to the local law enforcement agency a registration fee when registering or reregistering as a sex offender. Authorizes the local law enforcement agency to establish the amount of the fee to reflect the actual costs incurred by the agency in implementing the sex offender registration provisions.
Allows a person who is convicted of an offense of unlawful sexual behavior that would require lifetime registration as a sex offender to petition for discontinuance of the duty to register if the person receives a deferred judgment and sentence for the offense. Clarifies that a sex offender who is required to register quarterly in another jurisdiction, or who is convicted in another jurisdiction of an offense that requires quarterly registration, is required to register quarterly in Colorado so long as the person is a temporary or permanent resident of this state. Requires the local law enforcement agency with which a sex offender registers to verify the sex offender's residential address at the time of registration and annually thereafter, or quarterly thereafter if the sex offender is a sexually violent predator.
Requires the sex offender registry to provide a description of any sex offense of which a sex offender was convicted, rather than descriptions of all offenses of which a sex offender has been convicted. Repeals the provision that requires cross-checking of the information in the sex offender registry with information maintained by the department of revenue regarding payment of taxes. Requires a local law enforcement agency to notify the CBI if the agency files charges against a sex offender for failure to register, and directs the CBI to post the sex offender's registration information on the internet upon receipt of the notice.
If a sex offender petitions for removal from the sex offender registry, requires the court to notify the victim of the petition only if the victim has requested notice and provided contact information. Directs the CBI and a local law enforcement agency that receives a court order removing a person from the sex offender registry to remove that person's sex offender registration information from the statewide sex offender registry and from any local sex offender registry. For persons who are convicted of failure to register as a sex offender, clarifies the level of offense if the underlying sexual offense that requires registration was committed in another state.
APPROVED by Governor May 27, 2004
EFFECTIVE May 27, 2004
S.B. 04-187 Bribery and intimidating a witness - no summons element. For the crimes of bribing a witness or victim and intimidating a witness or victim, removes the element that the person be legally summoned to the official proceeding.
APPROVED by Governor April 13, 2004
EFFECTIVE July 1, 2004
S.B. 04-223 Peace officers - public transit officers. Designates public transit officers as peace officers. Requires public transit officers to be P.O.S.T. certified.
APPROVED by Governor May 27, 2004
EFFECTIVE May 27, 2004
S.B. 04-253 Offset state income tax refund - defendant's fines, fees, costs, surcharges, or restitution - offset lottery winnings - juvenile restitution. Allows the offset of a state income tax refund owed to a defendant against the defendant's outstanding fines, fees, costs, or surcharges owed to a court or against a defendant's court-ordered restitution obligation. Specifies the procedure for the judicial and revenue departments to follow in sharing and comparing data pertaining to defendants for purposes of the state income tax refund offset.
Expands the existing offset of lottery winnings for the payment of court-ordered restitution to juvenile cases in which restitution is ordered.
APPROVED by Governor May 27, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
H.B. 04-1003 Peace officer impersonation class 6 felony - illegal possession of red or blue lights class 1 misdemeanor - permits for volunteer firefighters and ambulance personnel for red or blue lights - appropriation. Increases the penalty for impersonating a peace officer to a class 6 felony. Makes the use or possession of red or blue lights that may be affixed to a vehicle a class 1 misdemeanor. Provides an affirmative defense to peace officers, persons specifically authorized by a chief of police or sheriff, a permitted volunteer firefighter, ambulance personnel, or a vendor of red and blue lights. Requires volunteer firefighters and ambulance attendants to obtain a permit prior to using special lights and alarm systems on their personal vehicles.
Appropriates $152,800 from the general fund to the capital construction fund and from the capitol construction fund to the corrections expansion reserve fund for the 2004-05 fiscal year. Appropriates $61,200 from the general fund to the department of corrections for fiscal years 2005-06, 2006-07, 2007-08, and 2008-09.
APPROVED by Governor May 25, 2004
EFFECTIVE July 1, 2004
H.B. 04-1016 Sex offender registration crimes - wholesale promotion of obscenity to a minor - promotion of obscenity to a minor - appropriation. Adds wholesale promotion of obscenity to a minor and promotion of obscenity to a minor to the list of offenses requiring sex offender registration after conviction of the offense.
Appropriates $69,467 from the capital construction fund to the corrections expansion reserve fund for fiscal year 2006-07. Appropriates $27,824 from the general fund to the department of corrections for fiscal year 2007-08.
APPROVED by Governor May 21, 2004
EFFECTIVE May 21, 2004
H.B. 04-1054 Vehicular accidents - death or personal injuries - leaving the scene - duty of vehicle occupant to report accident. Specifies that it is not an offense for the driver of a vehicle to leave the scene of an accident involving death or injury for the purpose of reporting the accident if the driver has first fulfilled certain requirements. Makes it a class 2 misdemeanor traffic offense for a vehicle occupant to fail to report an accident if the driver is physically incapable of doing so.
APPROVED by Governor April 23, 2004
EFFECTIVE July 1, 2004
H.B. 04-1057 Newspaper theft - criminal sanction - civil right of action. Criminalizes the theft of more than 5 complimentary newspapers with the intent to prevent others from reading the newspaper. Makes theft of newspapers an unclassified misdemeanor with a fine of: Up to $1000, if 100 or fewer newspapers were stolen or the number stolen is undetermined; up to $2500, if more than 100 and fewer than 500 newspapers were stolen; and up to $5000, if 500 or more newspapers were stolen. Creates an exception for a person who removes complimentary newspapers from their own property.
Creates a private civil right of action for theft of either a complimentary or compensatory newspaper. Provides civil standing to the newspaper publisher, an advertiser in the newspaper, or a newspaper reader who regularly reads the newspaper that was subject to the theft. Allows recovery by the publisher of actual costs, a $10-per-stolen-newspaper civil penalty, and attorney fees and costs. Permits the advertiser or reader to recover actual damages and attorney fees and costs.
APPROVED by Governor April 13, 2004
EFFECTIVE July 1, 2004
H.B. 04-1077 Sex offender treatment providers - domestic violence offender treatment services providers - background investigation - scope of investigation - fee - appropriation. Requires a person who applies for placement or continued placement on the list of sex offender treatment and services providers to submit to a current background investigation that goes beyond the scope of a criminal history record check. Requires the sex offender management board to conduct the current background investigation by obtaining the applicant's reference information, criminal history information, and relevant recommendations. Permits the sex offender management board to assess a fee to cover the costs of the current background investigation, and creates a cash fund therefor.
Requires a person who applies for placement or continued placement on the list of domestic violence offender treatment services providers to submit to a current background investigation that goes beyond the scope of a criminal history record check. Requires the domestic violence offender management board to conduct the current background investigation by obtaining the applicant's reference information, criminal history information, and relevant recommendations. Permits the domestic violence offender management board to assess a fee to cover the costs of the current background investigation, and creates a cash fund therefor. Requires the domestic violence offender management board to forward fingerprints obtained during a background investigation to the Colorado bureau of investigation.
Appropriates $12,500 from the domestic violence offender treatment provider fund and $11,000 from cash funds in the sex offender treatment provider fund to the department of public safety for implementation of the act.
APPROVED by Governor May 21, 2004
EFFECTIVE July 1, 2004
H.B. 04-1134 Identity theft - department of revenue - court procedures. Creates the motor vehicle investigations unit in the department of revenue to investigate and prevent the fraudulent issuance and use of driver's licenses, identification cards, motor vehicle titles and registrations, and other motor vehicle documents, and to assist victims of identity theft.
Authorizes a criminal who wrongfully uses another's identify to be charged in the jurisdiction where a government agency issued identity documents. Sets standards and procedures for a court to determine that a victim's identity has been mistakenly associated with a crime.
APPROVED by Governor June 4, 2004
EFFECTIVE July 1, 2004
H.B. 04-1148 Property - defacing - cave. Includes defacing a cave within the crime of defacing property as a class 2 misdemeanor. Allocates fines for such violations to the Colorado travel and tourism promotion fund.
APPROVED by Governor March 8, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
H.B. 04-1165 Felony threshold amounts - $500 to $675- $15,000 to $20,000. With regard to crimes for which the level of the offense depends upon the value of the property involved in the crime, increases $500 felony threshold amounts to $675 and increases $15,000 felony threshold amounts to $20,000.
VETOED by the Governor June 4, 2004
H.B. 04-1218 Peace officer - municipal court marshals. Specifies that a municipal court marshal is a peace officer while engaged in the performance his or her duties, and limits the marshal's authority to specified duties. Requires a municipal court marshal to be certified by the peace officer standards and training board or receive the training required for a reserve officer.
APPROVED by Governor April 12, 2004
EFFECTIVE April 12, 2004
H.B. 04-1261 Dangerous dogs - financial bonding requirements - disposition of unclaimed dogs - microchip implantation - statewide dangerous dog registry - microchip licensure cash fund - appropriation. Expands the financial bonding requirements for impoundment costs to owners of dogs impounded because of investigation of a charge of unlawful ownership of a dangerous dog. Permits disposition of an unclaimed, impounded dangerous dog under certain circumstances.
Requires a court to order a person convicted of owning a dangerous dog to:
● Immediately report any material change in the dog's situation to the bureau of animal protection ("bureau");
● Permanently identify the dog through the implantation of a microchip at the owner's expense;
● Pay a $50 dangerous dog microchip licensure fee to the bureau.
Requires the bureau to operate and maintain a statewide dangerous dog registry consisting of a database of information concerning microchip types and placement in dangerous dogs by veterinarians and licensed shelters. Creates the dangerous dog microchip licensure cash fund for implementation costs.
For the 2004-05 fiscal year, appropriates $15,343 from the dangerous dog microchip licensure cash fund to the department of agriculture for implementation of the act.
APPROVED by Governor June 4, 2004
EFFECTIVE July 1, 2004
H.B. 04-1266 Criminal invasion of privacy. Criminalizes knowingly taking a photograph of another person's intimate parts, without the person's consent, in a situation where the person has a reasonable expectation of privacy. Makes criminal invasion of privacy a class 2 misdemeanor.
APPROVED by Governor April 26, 2004
EFFECTIVE July 1, 2004
H.B. 04-1269 Criminal operation of a device in a motion picture theater - limited liability for detaining suspect - exception for law investigation. Criminalizes the operation of an audiovisual recording function of a device in a movie theater without the consent of the facility. Limits the liability of the owner or lessee of the theater, an authorized agent or employee of an owner or lessee, or a peace officer acting in good faith and upon probable cause who detains a person suspected of criminal operation of a device in a movie theater. Exempts lawful investigative, law enforcement, or intelligence activities from a violation of criminal operation of a device in a movie theater.
APPROVED by Governor May 21, 2004
EFFECTIVE July 1, 2004
H.B. 04-1270 Extradition - extension of time options - no statute of limitations for extradition of persons with an unsound mind - foreign extradition process. Amends the provision addressing extensions of time for extradition to eliminate the court's option of discharging the accused. Repeals the statute of limitation in proceedings regarding the extradition of persons of unsound mind.
Creates a procedure for extraditing a defendant who is outside the United States. Requires the district attorney seeking foreign extradition to make an application to the governor. Upon receipt of the application, allows the governor to ask the president to initiate extradition proceedings.
APPROVED by Governor April 7, 2004
EFFECTIVE July 1, 2004
H.B. 04-1279 Dog bites - serious bodily injury - civil action for recovery of economic damages - viciousness or dangerous propensities - liability exemptions - dog regulation statewide concern - prohibition against local bans on specific dog breeds. Permits a person or the personal representative of a person who suffers serious bodily injury or death from being bitten by a dog while lawfully on public or private property to bring a civil action to recover economic damages against the dog owner regardless of the viciousness or dangerous propensities of the dog or the dog owner's knowledge thereof. Permits the court, in cases in which the dog owner had knowledge of the dog's viciousness or dangerous propensities, to enter a euthanasia order.
Clarifies when a person shall be deemed to be lawfully on public or private property. Exempts dog owners from liability under certain circumstances. Clarifies the general assembly's intent not to affect other causes of action, affect other statutes governing the regulation of dogs, or abrogate any provision of the "Colorado Governmental Immunity Act". Establishes an affirmative defense to an animal cruelty criminal charge involving injury or death to a dog that the dog was running, worrying, or injuring livestock.
Declares that the regulation and control of dangerous dogs is a matter of statewide concern. Prohibits a municipality or county from adopting a rule, law, or resolution that regulates dangerous dogs in a breed-specific manner. Prohibits a municipality or county from destroying or disposing of a dog that is awaiting destruction or disposition as of the effective date of House Bill 04-1279 in connection with a local breed-specific ban. Specifies that these provisions of the act apply to dogs awaiting destruction or disposition as of the effective date of the act.
APPROVED by Governor April 21, 2004
EFFECTIVE April 21, 2004
H.B. 04-1311 Identity theft - social security number limits - destruction of documents containing personal identifying information - unlawful possession of personal identifying information. Prohibits the display of a person's social security number on a license, pass, or certificate, issued by a public entity, unless it is necessary to further the purpose of the pass or required by state or federal law. Proscribes a public entity from requesting a person's social security number over the phone, via the internet, or by mail unless it is required by federal law or is essential to the public entity's service.
Requires public and private entities to develop a policy for disposal of documents containing personal identifying information. Considers a public entity that is compliant with the state archives act to have met its policy development obligation. Exempts trash haulers from having to verify that documents have been destroyed or properly disposed.
Allows an insured to require that an insurance company not display the insured's social security number on the insured's insurance identification card or proof of insurance card. Requires the insurer to reissue the card without the social security number, if the insured makes the request. Prohibits an insurance company, after January 1, 2006, from issuing an insurance identification card or proof of insurance card displaying the insured's social security number.
Makes it a class 1 misdemeanor to possess another's personal identifying information with the intent to use the information, or to aid or permit another to use the information, to unlawfully gain a benefit or to injure or defraud another.
APPROVED by Governor June 4, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
H.B. 04-1366 Reserve officer - perform duties in civilian clothes. Allows a police chief, sheriff, or town marshal to allow a reserve officer to perform any law-enforcement function for which the reserve officer is adequately trained and to determine whether it is appropriate for the reserve officer to perform the law-enforcement function in civilian clothes.
APPROVED by Governor April 26, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
H.B. 04-1387 Time for trial - production of records - county court's authority to order testimony - driving records - persons present during testimony by closed-circuit television. Increases from 90 days to 180 days the time in which an indictment, information, or criminal complaint against a person who is in the custody the department of corrections shall be brought to trial. Clarifies statutory provisions relating to the production of records. Clarifies that a county court in a misdemeanor proceeding may issue an order requiring a witness to provide testimony or information.
With regard to records pertaining to drivers' licenses and driving incidents kept by the executive director of the department of revenue, clarifies that the certificate of control and the cover letter may be electronically produced and transmitted and, as such, are admissible in court. Clarifies the admissibility of official records and documents of the state pertaining to drivers' licenses and driving incidents.
In cases in which a child victim testifies by closed circuit television, removes the defendant's ability to object to the presence during testimony of a person whom the court determines would be beneficial to the child.
APPROVED by Governor May 28, 2004
EFFECTIVE July 1, 2004
H.B. 04-1388 Criminal sentencing - extraordinary risk crimes. Clarifies application of the provisions creating enhanced sentencing for crimes that present an extraordinary risk of harm to society.
APPROVED by Governor April 23, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
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