Courts - Digest of Bills

Digest of Bills - 2006

COURTS

S.B. 06-60 Garnishments - garnishee not required to assert exemption for debtor - exception. Specifies that a garnishee is not required to assert an exemption on behalf of a judgment debtor, except as set forth in the writ.

APPROVED by Governor April 24, 2006
EFFECTIVE July 1, 2006

S.B. 06-61 Persons with disabilities - deaf and hard of hearing - department of human services - Colorado commission for the deaf and hard of hearing - provision of interpreters and auxiliary services in legal settings - appropriation. Transfers the authority for overseeing and coordinating the provision of interpreters and auxiliary services for persons who are deaf or hard of hearing from the division of rehabilitation in the department of human services to the Colorado commission for the deaf and hard of hearing in the department of human services. Identifies the circumstances under which the presiding officer or similar official of a court, board, commission, agency, or licensing or law enforcement authority of the state or any of its political subdivisions shall provide an interpreter or auxiliary service to a person who is deaf or hard of hearing. Mandates that determination of such circumstances be made in accordance with the United States department of justice regulations concerning Title II of the federal "Americans with Disabilities Act of 1990".

For fiscal year 2006-07, appropriates $112,745 and 0.5 FTE from the general fund to the department of human services, the Colorado commission for the deaf and hard of hearing, for administrative expenses and contract services for legal interpreters. For fiscal year 2006-07, appropriates $197,282 from the disabled telephone users cash fund to the Colorado commission for the deaf and hard of hearing cash fund for contract services for legal interpreters. For fiscal year 2006-07, appropriates $31,888 and 0.3 FTE from the general fund to the judicial department for the court-appointed counsel payments and data system.

Reduces the 2006-07 fiscal year general fund appropriation to the department of human services, division of vocational rehabilitation, for appointment of legal interpreters for the deaf and hard of hearing, by $64,471. Reduces the 2006-07 fiscal year general fund appropriation to the judicial department by $80,162.

States that the act shall only take effect if Senate Bill 06-218 is enacted and becomes law.

APPROVED by Governor May 25, 2006
EFFECTIVE May 25, 2006
NOTE: Senate Bill 06-218 was signed by the governor May 25, 2006.

H.B. 06-1028 Judges - court of appeals - county court - appropriation. Increases the number of judges of the Colorado court of appeals from 16 to 19. Increases the number of county court judges in Jefferson county from 6 to 7. Increases the number of county court judges in Weld county from 3 to 4. Increases the number of county court judges in each of the counties of Douglas and Mesa from 2 to 3. Specifies that the increases in the numbers of judges of the court of appeals and of the county courts shall become effective on July 1, 2006.

Appropriates $1,263,034 and 13.5 FTE to the supreme court and court of appeals; $1,236,622 and 16.0 FTE to the trial courts; $634,312 and 13.0 FTE to the public defender; and $75,300 and 1.0 FTE to the department of law.

APPROVED by Governor March 8, 2006
EFFECTIVE July 1, 2006

H.B. 06-1076 Volunteer service act - immunity - health care professionals - nonprofit organizations, nonprofit corporations, governmental entities - immunity dependent on federal "Volunteer Protection Act". Extends the good faith immunity conferred on volunteer licensed physicians by the "Volunteer Service Act" to certain other licensed health care professionals who provide volunteer health care for a nonprofit organization, nonprofit corporation, governmental entity, or hospital. Requires a nonprofit organization, nonprofit corporation, governmental entity, or hospital for which a specified health care professional volunteers to verify annually that the health care professional holds an unrestricted Colorado license, registration, or certification to practice his or her respective profession.

Specifies that a volunteer health care professional is immune from civil liability for an act or omission resulting in damage or injury if the volunteer is immune from liability under the federal "Volunteer Protection Act" and if the damage or injury was not caused by misconduct or other circumstances that would preclude immunity under the federal law. Eliminates the prerequisites for volunteer immunity that a volunteer's status be declared before a health care procedure occurs and that the patient receiving the volunteered health care agree in writing beforehand to accept the care after disclosure that the patient's right to sue the volunteer will be subject to the limitations of the Volunteer Service Act.

Specifies that a nonprofit organization, nonprofit corporation, governmental entity, or hospital that is formed for the sole purpose of facilitating the volunteer provision of health care is immune from liability arising out of an act or omission of a volunteer that is immune from liability.

APPROVED by Governor April 19, 2006
EFFECTIVE July 1, 2006

H.B. 06-1077 Indemnity agreement - sole negligence of indemnitee - unenforceable.Specifies that a provision in a private construction contract that requires a person to indemnify or hold harmless another person against liability for damages caused by the sole negligence or fault of the indemnitee is unenforceable. Clarifies that only provisions creating an obligation to indemnify or hold harmless a person from that person's own negligence or fault are affected.

Specifies that the following are not affected: Construction bonds; insurance contracts; contract clauses regarding insurance; contract clauses regarding costs of defense of litigation arising out of the work; provisions concerning the negligence of an indemnitor and its subcontractors; and contracts concerning property owned or operated by a railroad.

VETOED by Governor April 13, 2006

H.B. 06-1080 Adult criminal competency evaluations - psychologists authorized. Extends to licensed psychologists the authority to conduct competency examinations for adults charged with crimes. Extends to psychiatrists and psychologists who are working under a licensed psychiatrist or licensed psychologist the authority to conduct said competency examinations.

APPROVED by Governor March 31, 2006
EFFECTIVE March 31, 2006

H.B. 06-1088 Sex offense against a child - no limitation for commencing criminal proceedings and juvenile delinquency proceedings. Removes the limitation periods in which to commence a criminal proceeding or juvenile delinquency proceeding involving a felony sex offense against a child. Specifies that the unlimited period in which to commence a criminal proceeding shall apply to a felony sex offense against a child committed on or after July 1, 1996. Specifies that the unlimited period shall also apply to a felony sex offense against a child committed before July 1, 1996, so long as the applicable statute of limitations in effect for the offense has not yet run as of July 1, 2006.

APPROVED by Governor April 12, 2006
EFFECTIVE July 1, 2006

H.B. 06-1148 Construction agreements - indemnity provision holding indemnitor responsible to extent of indemnitor's negligence permissible - indemnity provision holding indemnitor responsible for negligence of another - void as against public policy and unenforceable - exemptions. Specifies that a provision in a construction agreement that holds a person or the person's surety or insurer responsible under a construction agreement for the negligence of another party is void as against public policy and unenforceable.

Specifies that a construction agreement can hold a negligent party responsible for indemnifying other parties but only to the extent of the indemnifying party's negligence. Prevents any party to a construction agreement from transferring responsibility for its own negligence to another party.

Clarifies that clauses in construction bonds or construction agreements that require a party to purchase certain project-specific insurance policies are not affected. Clarifies that the doctrine of respondeat superior liability and the liability for the negligence of an at-fault party are not affected.

Specifies that, for purposes of shifting financial responsibility for negligence, "construction agreement" does not include an agreement affecting property owned or operated by a railroad, sanitation district, water district, water and sanitation district, municipal water enterprise, water conservancy district, water conservation district, metropolitan sewage disposal district, or a real property rental agreement between a landlord and tenant.

VETOED by Governor April 13, 2006

H.B. 06-1169 Domestic court records - study committee - public access to records. Requires the state court administrator to convene a committee of interested parties, including representatives of the news media, family law attorneys, and the courts, to make recommendations concerning access to divorce records. Directs the committee to consider issues related to identity theft, protecting children, transparency in government, and open access to public information. Requires the state court administrator to report any committee recommendations to the legislative council no later than December 1, 2006.

APPROVED by Governor June 2, 2006
EFFECTIVE June 2, 2006

H.B. 06-1237 Courts - premises liability actions. Clarifies the applicability of certain statutory provisions to premises liability actions.

APPROVED by Governor April 5, 2006
EFFECTIVE April 5, 2006

H.B. 06-1249 Minor consent - pregnancy medical care. Allows a minor to authorize perinatal medical care for herself related to the intended live birth of a child.

BECAME LAW April 22, 2006
EFFECTIVE April 22, 2006

H.B. 06-1334 Uniform Dissolution of Marriage Act - proceedings concerning allocation of parental responsibilities - evaluations and reports concerning children - confidentiality - no public inspection without court order. Specifies that evaluations and reports submitted to the court in proceedings involving the allocation of parental responsibilities concerning children are confidential. Eliminates the necessity of filing a motion under the Colorado rules of civil procedure to make the evaluations and reports confidential. Prohibits public inspection of the evaluations and reports without a court order.

APPROVED by Governor April 13, 2006
EFFECTIVE April 13, 2006

H.B. 06-1353 Mentally ill offenders - performance of criminal competency evaluations - standards - creation of subcommittee. Authorizes the creation of a subcommittee of the mentally ill offender task force ("task force"). Directs the subcommittee to study issues related to developing standards for the performance of competency evaluations in criminal cases, including the types of mental health professionals who shall be qualified to perform the evaluations. Directs the subcommittee to report to the task force.

Repeals the subcommittee authority, effective December 30, 2006.

APPROVED by Governor Arpil 18, 2006
EFFECTIVE Arpil 18, 2006

H.B. 06-1379 Witness protection - training - risk assessment instrument. Names the witness protection program the Javad Marshall-Fields and Vivian Wolfe witness protection program. Requires the Colorado district attorneys and law enforcement agencies to conduct annual witness protection training for district attorneys, victims advocates, and law enforcement personnel. Directs the witness protection board to develop a model witness protection risk assessment instrument and program materials for district attorneys and law enforcement agencies.

APPROVED by Governor May 30, 2006
EFFECTIVE July 1, 2006