Courts - Digest of Bills

Digest of Bills - 2007

COURTS

S.B. 07-3 Advisory board - persons with mental illness in the criminal justice system - competency evaluations - reporting requirements - repeal. Creates an advisory board to study and recommend standards regarding the level of training, education, and experience that a psychiatrist or psychologist shall have to be qualified to perform competency evaluations in criminal cases and standards for conducting competency evaluations. Outlines the membership of the advisory board. Schedules the advisory board for repeal in 2010. Requires the state board of human services to promulgate rules based on the advisory board's recommendations.

APPROVED by Governor March 8, 2007
EFFECTIVE March 8, 2007

S.B. 07-43 Health care providers rendering emergency assistance - competitive sports - exemption from civil liability - exceptions. Exempts from civil liability certain licensed and certified health care providers who, in good faith and without compensation, render emergency care or emergency assistance, including sideline or on-field care as a team health care provider, to an individual injured while engaging in a competitive sport sponsored by a public or private school, college, or university or by a league, club, or organization that promotes sporting events. Specifies that the exemption does not include acts or omissions that are grossly negligent, willful and wanton, or outside the scope of the license or certificate held by the health care provider.

APPROVED by Governor April 2, 2007
EFFECTIVE July 1, 2007

S.B. 07-66 Health care availability act - judgments - lump sum payment election as to future damage award - immediate payment - age of eligible plaintiff - plaintiff under disability - legal representative - right to take action. Lowers from 21 to 18 the age at which a plaintiff is eligible to elect to receive an immediate lump-sum payment of a future damage award under the "Health Care Availability Act" ("Act"). Extends the right to elect to receive an immediate lump-sum payment under the Act if the plaintiff is a person under disability who has a legal representative to take action on his or her behalf. Expands the rights of a legal representative of a person under disability to elect the form in which to receive payment.

APPROVED by Governor March 22, 2007
EFFECTIVE August 3, 2007
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

S.B. 07-87 Construction agreements - shifting financial responsibility for negligence - void as against public policy - exceptions. Specifies that a provision in a construction agreement that holds a person responsible under the agreement for the negligence of another party is void as against public policy and unenforceable. Specifies that a construction agreement may 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.

Permits a construction agreement to require the indemnitor to purchase, maintain, and carry insurance covering the acts or omissions of the indemnitor. Permits a construction agreement to require the indemnitor to name the indemnitee as an additional insured on the indemnitor's policy of insurance, but only to the extent that such additional insured coverage provides coverage to the indemnitee for liability due to the acts or omissions of the indemnitor. Specifies that a provision in a construction agreement that requires the purchase of additional insured coverage for damage arising out of death or bodily injury to persons or damage to property from any acts or omissions that are not caused by the negligence or fault of the party providing such additional insured coverage is void as against public policy.

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, or metropolitan sewage disposal district or a real property rental agreement between a landlord and tenant.

Clarifies that builder's risk insurance, the doctrine of respondeat superior liability, vicarious liability, nondelegable duties at common law, the liability for the negligence of an at-fault party, and the remedy and immunity under the worker's compensation laws are not affected. Specifies that, notwithstanding any contractual provision to the contrary, Colorado law shall apply to every construction agreement that affects improvements to real property located in Colorado.

APPROVED by Governor April 11, 2007
EFFECTIVE July 1, 2007

S.B. 07-108 Alternate defense counsel - commission members' experience - policies and procedures. Changes the requirement that attorney members of the alternate defense counsel commission ("commission") be engaged in the practice of criminal law to requiring the attorney members to have experience in the practice of criminal law. Requires the commission to adopt written procedures governing the hiring, evaluation, and termination of the alternate defense counsel; the resolution of contractual disputes; and the processing and resolution of complaints.

APPROVED by Governor April 2, 2007
EFFECTIVE April 2, 2007

S.B. 07-117 Unfair employment practices - employee remedy - civil action - prevailing party plaintiff - award of attorney fees and costs - inapplicability. If the prevailing party in a civil action to remedy certain unfair employment practices is the plaintiff, requires the court to award the plaintiff court costs and a reasonable attorney fee. Specifies that the award does not apply to an employee of a business that has or had 15 or fewer employees during each of 20 or more calendar work weeks in the current or preceding calendar year.

APPROVED by Governor May 14, 2007
EFFECTIVE July 1, 2007

S.B. 07-118 Court security cash fund - court security cash fund commission - duties of commission - surcharges assessed on court filings - grants to counties - repeal - appropriation. Creates the court security cash fund commission ("commission") and court security cash fund ("fund"). Specifies that the purposes of the fund and commission are to provide supplemental funding to counties with the most limited financial resources through grants for ongoing security staffing, security equipment costs, training of local security teams, and emergency court security needs.

Requires the commission to be in place by July 1, 2007. Specifies the composition and duties of the commission. Requires a $5 surcharge to be assessed and collected on certain court filing fees for civil actions commenced, and criminal convictions entered, on and after July 1, 2007. Requires the surcharge to be credited to the fund.

Specifies the procedure by which grants are made by the commission from the fund to counties upon the application submitted by local security teams to the state court administrator. Requires the commission to establish timelines and guidelines governing grant applications.

Repeals the commission and fund, effective January 1, 2017, following review.

Appropriates $2,194,622 and 1.0 FTE from the court security cash fund to the judicial department for the fiscal year beginning July 1, 2007, for the implementation of the act.

APPROVED by Governor May 25, 2007
EFFECTIVE May 25, 2007

S.B. 07-129 Damages limitations - inflationary adjustment - post-enactment review. Updates the 1998 inflation adjustment in certain damages limitation statutes by requiring that another inflation adjustment occur on January 1, 2008. Specifies that the updated inflation adjustment be made in the damages limitation statutes concerning alcohol beverage licensees, noneconomic damages, and wrongful death.

Requires a post-enactment review of the implementation of the bill 2 years after its enactment.

APPROVED by Governor April 2, 2007
EFFECTIVE July 1, 2007

S.B. 07-136 Civil protection orders - additional orders - temporary injunction - function - accounting for extraordinary expenditures. Permits a court in a civil protection order case to issue a temporary injunction to restrain a defendant from ceasing to make payments for mortgage, rent, insurance, utilities or related services, transportation, medical care, or child care when the defendant has a prior existing duty or legal obligation. Specifies that the temporary injunction may restrain the defendant from transferring, encumbering, concealing, or disposing of personal or real property except in the usual course of business or for the necessities of life.

Requires a defendant against whom a temporary injunction is issued to account to the court for all extraordinary expenditures made after the injunction is in effect. Specifies that a temporary injunction shall not exceed 120 days after the issuance of the related permanent civil protection order.

Requires the provisions of the temporary injunction to be printed on the summons. Specifies that the temporary injunction becomes a court order after the fulfillment of certain requirements. Clarifies that, in addition to the temporary injunction, a party may still apply to the court for further temporary orders, an expanded temporary injunction, modification, or revocation. Clarifies that a court order subsequently issued as part of a domestic matter involving the parties shall supersede a temporary injunction issued in a civil protection order case.

APPROVED by Governor May 17, 2007
EFFECTIVE July 1, 2007

S.B. 07-158 Debt collection proceedings - exempt assets. Increases the value of property that is exempt from attachment or execution and amends the definition of "elderly" for purposes of exempt property to includes persons 60 years of age or older. Adds refunds for child tax credits to the exemption for certain income tax refunds. Adds maintenance and other court-ordered domestic support obligations or payments to property exempt from attachment or execution. Adds a portion of public or private disability benefits or proceeds to property that is exempt from attachment or execution. Specifies that a debtor shall not avoid a consensual lien on property otherwise eligible to be claimed as exempt property.

On and after July 1, 2007, revises the formula for computing the amount of wages that may be protected from garnishment or levy to reflect the state minimum wage.

Increases the amount of the homestead exemption, and clarifies the amount of the exemption based upon who is occupying the home. Increases the time period within which the proceeds arising from the sale of a homestead are exempt.

Exempts the proceeds from workers' compensation claims from levy, execution, or attachment.

APPROVED by Governor May 14, 2007
PORTIONS EFFECTIVE May 14, 2007
PORTIONS EFFECTIVE July 1, 2007

S.B. 07-262 Criminal justice agencies - county departments - office of the state public defender - electronic read-only access to the integrated Colorado on-line network - committee. Allows criminal justice agencies statewide electronic read-only access to the name index and register of actions for dependency and neglect cases of the integrated Colorado on-line network ("ICON") of the state judicial department. Allows county departments and the office of the state public defender to have statewide electronic read-only access to the name index and register of actions of the judicial department for juvenile delinquency proceedings.

Requires the state court administrator's office to convene a committee of governmental agencies to consider electronic access to information available from the state judicial department and report to the legislative council of the general assembly on or before December 1, 2007.

APPROVED by Governor May 25, 2007
EFFECTIVE July 1, 2007

H.B. 07-1054 District and county court judges - court of appeals judges - increase in number - fees and moneys collected by judicial branch - appropriation. Increases the number of district court judges in the 1st, 2nd, 4th, 8th, 9th, 10th, 11th, 12th, 14th, 17th, 18th, 19th, 20th, 21st, and 22nd judicial districts. Implements the increases from 2007 to 2010.

Increases the number of county judges in Jefferson, El Paso, Larimer, Adams, and Arapahoe counties. Implements the increases in 2008 and 2009.

Increases the number of judges of the Colorado court of appeals from 19 to 22. Implements the increase in 2008.

Requires certain fees, surcharges, moneys, penalties, claims, and judgments collected by the state judicial branch to be transmitted to the state treasurer for deposit in the judicial stabilization cash fund beginning in 2007, 2008, 2009, and 2010.

Appropriates $4,107,382 and 52.0 FTE to the judicial department.

APPROVED by Governor May 31, 2007
EFFECTIVE May 31, 2007

H.B. 07-1057 Family advocate demonstration program - initial report - final report and recommendations - appropriation. Creates demonstration programs for system of care family advocates for mental health juvenile justice populations ("programs"). Requires the division of mental health ("DMH") in the department of human services, with input, cooperation, and support services from the division of criminal justice ("DCJ") in the department of public safety, family advocacy coalitions, and the task force for the continuing examination of the treatment of persons with mental illness who are involved in the criminal and juvenile justice systems in Colorado ("task force") to implement and monitor the programs. On or before September 1, 2007, requires the DMH to develop, after consultation with family advocacy coalitions, the task force, and the DCJ, a request for proposals for the programs. Directs the request for proposals to include specified minimum criteria.

By November 15, 2007, directs the DMH to select, after consultation with family advocacy coalitions, the task force, and the DCJ, 3 programs, including one from an urban area, one from a suburban area, and one from a rural area. Requires selected programs to contribute funds or services equal to 20% of the total needed for the programs.

Directs that, by January 1, 2008, the DMH shall prepare an initial report of the programs. Requires the DCJ, by June 1, 2010, to complete a comprehensive evaluation of the programs. Requires the legislative oversight committee for the continuing examination of the treatment of persons with mental illness who are involved in the criminal and juvenile justice systems, after receiving recommendations from the task force, to make a recommendation by July 1, 2010, related to the continuation of the programs. Creates a cash fund that may receive gifts, grants, and donations to pay for the reporting and evaluation required by the act. Repeals the demonstrations programs, effective July 1, 2011.

For the 2007-08 fiscal year, appropriates $172,715 from the short-term grants for innovative health programs grant fund to the DMH and the DCJ for the implementation of the act. For the 2008-09, 2009-10, and 2010-11 fiscal years, annually appropriates $221,717 from the short-term grants for innovative health programs grant fund to the DMH and the DCJ for the implementation of the act.

APPROVED by Governor May 30, 2007
EFFECTIVE May 30, 2007

H.B. 07-1107 Criminal records - sealing of arrest and conviction records - exemptions - applicability - appropriation. Reduces the time from 15 years to 10 years that a person must wait before filing a petition to seal arrest and criminal conviction records ("conviction records") information pertaining to a criminal offense that was not charged or a case that was dismissed due to a plea agreement in a separate case. Requires a probation department or a parole officer under certain circumstances to advise a defendant of the right to seal conviction records.

Permits a defendant who is convicted of an offense, after 10 years following completion of the sentence or release from supervision, whichever is later, to petition the district court to seal conviction records if the defendant has not been charged with or convicted of a criminal offense in the 10 years since the date of the final disposition of all criminal proceedings against him or her. Stipulates that an order sealing conviction records shall not deny access to those records by a court, law enforcement agency, or criminal justice agency, prosecuting attorney or by a party or agency required by law to conduct a criminal history records check on an individual.

Prohibits the sealing of conviction records if the defendant still owes court-ordered restitution, fines, or fees. Specifies the procedure for sealing conviction records. Requires the court, in making the decision whether to seal the conviction records, to weigh the privacy interests of the petitioner against the public interest in retaining access to the conviction records.

Prohibits employers and certain institutions and agencies from requiring an applicant to disclose information in sealed conviction records. Permits the bar committee of the state board of law examiners to make inquiries into the fact of a conviction that comes to the attention of the bar committee through other means. Requires a defendant to be advised of the right to seal conviction records by the court, the probation department, and the defendant's parole officer under the appropriate circumstances.

Allows any member of the public to petition the court to unseal any conviction records that have been previously sealed upon a showing of new circumstances since the original sealing that result in the public's interest in disclosure outweighing the defendant's interest in privacy.

Requires the office of the state court administrator to post on its website a list of each petition to seal conviction records for at least 30 days after it is filed with a district court. Requires the district court to wait at least 30 days following the posting of the petition information on the website before granting a petition to seal conviction records.

Prohibits the sealing of conviction records as to traffic offenses and infractions, any offense with an underlying factual basis involving unlawful sexual behavior, and crimes involving specified special circumstances for which enhanced sentencing is required. Specifies that court orders sealing conviction records shall not limit the operation of discovery rules in civil cases.

Specifies that the conviction records sealing procedure shall apply to judgments of conviction entered on and after July 1, 2007. Permits the procedure to apply to judgments of conviction entered prior to July 1, 2007, if the prosecuting attorney does not object and the defendant pays all reasonable associated attorney fees and costs related to the filing of the petition.

For the 2007-08 fiscal year, appropriates $455,679 and 6.5 FTE from the judicial stabilization cash fund to the judicial department for the implementation of the act.

VETOED by Governor June 1, 2007

H.B. 07-1147 Witness protection materials - confidential - in camera review for disclosure - misdemeanor - open records exception Declares that materials related to witness protection matters are confidential. Allows the discovery of such materials if the court, after an in camera review, determines the materials are necessary for resolution of a matter before the court. Makes disclosing confidential witness protection materials a class 1 misdemeanor. States that materials related to witness protection matters are not subject to inspection under the open records law.

APPROVED by Governor March 5, 2007
EFFECTIVE March 5, 2007

H.B. 07-1207 County courts - reclassification of Fremont county for organizational and administrative purposes. Reclassifies Fremont county from a class C county to a class B county for organizational and administrative purposes concerning county courts.

APPROVED by Governor April 2, 2007
EFFECTIVE April 2, 2007

H.B. 07-1338 Residential property owners - remedies - restrictions on legal rights - elimination - Homeowner Protection Act of 2007. Makes waivers of certain basic statutory rights and remedies by residential property owners in their transactions with construction professionals void as against public policy.

APPROVED by Governor April 20, 2007
EFFECTIVE April 20, 2007