S.B. 08-8 Legislative oversight committee - continuing examination of the treatment of persons with mental illness involved in the criminal and juvenile justice systems - task force membership. Adds a representative from the department of health care policy and financing to 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.
APPROVED by Governor March 19, 2008
EFFECTIVE March 19, 2008
S.B. 08-60 Automobile theft prevention authority - continuation of authority board - audit - appropriation. Extends the repeal of the automobile theft prevention authority ("authority"). Adds 2 members to serve on the automobile theft prevention board. Directs the state auditor to audit the authority's use of the moneys in the Colorado auto theft prevention cash fund. Imposes a mandatory fee on automobile insurers to fund the Colorado auto theft prevention cash fund. Prohibits insurers subject to the fee from raising their premiums based on the fee. Creates a civil penalty for insurers who fail to pay the fee.
Appropriates $4,262,667 and 3.0 FTE from the auto theft prevention cash fund for implementation of the act.
APPROVED by Governor June 3, 2008
EFFECTIVE July 1, 2008
S.B. 08-66 Felony murder - juvenile tried as adult - youthful offender system sentence - appropriation. Allows a court to sentence to the youthful offender system a juvenile who is charged as an adult with felony murder if the juvenile pleads guilty to a class 2 felony as a result of a plea agreement and the juvenile would be eligible for sentencing to the youthful offender system if convicted of the felony that underlies the felony murder charge.
Appropriates $46,048 from the general fund to the department of corrections for allocation to the youthful offender system for implementation of the act.
APPROVED by Governor May 28, 2008
EFFECTIVE May 28, 2008
S.B. 08-88 Miscellaneous offenses - furnishing cigarettes or tobacco products to minors. Removes the requirement that a person who furnishes cigarettes or tobacco products to a minor do so knowingly to commit a class 2 petty offense. Requires a person, before selling to any individual any cigarette or tobacco product, to request from the individual and examine a government-issued photographic identification that establishes that the individual is 18 years of age or older. Waives this requirement for face-to-face transactions in which the individual appears older than 30 years of age. Establishes a class 2 petty offense for violations of this requirement.
Prohibits possession of tobacco products by a person under 18 years of age. Establishes that possession of tobacco products by a person under 18 years of age is a non-criminal offense.
APPROVED by Governor May 20, 2008
EFFECTIVE July 1, 2008
S.B. 08-134 Bail bonds - county jail assistance fund - minimum bail amount - appropriation. Directs that 50% of the forfeited bond moneys and fees for a person in this country illegally shall be deposited into the capital construction fund for appropriation to the corrections expansion reserve fund. Directs that 50% of the forfeited bond moneys and fees for a person in this country illegally shall be deposited into the county jail assistance fund. Creates the county jail assistance fund.
Sets the minimum amount for bail for a person arrested for distribution of a schedule I or schedule II controlled substance at $50,000. Requires the amount to be adjusted for inflation every 10 years.
Appropriates $2,053 from the county jail assistance fund to the department of corrections for the implementation of the act.
APPROVED by Governor May 20, 2008
EFFECTIVE July 1, 2008
S.B. 08-192 Residential picketing - prohibition - picketing sign limitations - picketing parking limitations. Prohibits an individual from engaging in targeted residential picketing unless the individual continually marches a certain distance to the right and left of the targeted residence. Prohibits a person engaged in targeted residential picketing from carrying more than one sign or a sign that is larger than 6 square feet. Prohibits a vehicle engaged in targeted residential picketing from parking within a specified distance of the targeted residence. Before a violation can occur, requires law enforcement to issue a warning. Makes unlawful residential picketing an unclassified misdemeanor subject to a fine of no more than $5,000. Permits a local jurisdiction to adopt a more restrictive targeted residential picketing measure.
APPROVED by Governor May 28, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date,
see page vi of this digest.
S.B. 08-205 DNA evidence - hearing when certain evidence destroyed - critical stage. Requires the court to grant a hearing to a defendant when DNA evidence subject to a statutory preservation order is negligently lost or destroyed to determine whether a remedy is warranted. States that the hearing is a critical stage in the criminal proceedings for victim rights' purposes.
APPROVED by Governor May 28, 2008
EFFECTIVE May 28, 2008
S.B. 08-234 Alcohol and drug use assessment - misdemeanor or petty offense deferred judgment - drug and alcohol counseling - approved provider. Requires each person convicted of a misdemeanor or petty offense who is to be considered for probation or a deferred judgment and sentence to submit to an alcohol and drug use assessment. Permits the court to require drug or alcohol counseling in a deferred judgment and sentence. Requires an approved provider to provide the treatment if the defendant receives a deferred judgment and sentence for an unlawful sexual behavior offense.
APPROVED by Governor June 2, 2008
EFFECTIVE July 1, 2008
S.B. 08-235 Public indecency - masturbation. Includes an act of masturbation in the crime of public indecency.
APPROVED by Governor June 2, 2008
EFFECTIVE July 1, 2008
S.B. 08-236 Violation of a protection order - notice of the contents of the order - law enforcement personnel. Permits a person to be convicted of violation of a protection order if the person acquired knowledge of the contents of the protection order from law enforcement personnel and then violates the order.
APPROVED by Governor June 2, 2008
EFFECTIVE July 1, 2008
S.B. 08-237 Sex offender registration - register in Colorado if required to register in another jurisdiction. Clarifies that a person is required to register as a sex offender in Colorado if the person commits a crime in another jurisdiction that would require registration as a sex offender in that jurisdiction if the person lived in that jurisdiction.
APPROVED by Governor May 14, 2008
EFFECTIVE May 14, 2008
S.B. 08-238 Sexually exploitative material - prohibition on reproduction in a criminal case - exception. Prohibits the reproduction of sexually exploitative material in the course of a criminal case if the prosecution makes the material available to the defendant for inspection. Makes an exception to the prohibition on reproduction if the defendant shows, for reasons to the specific case, that the provided inspection is insufficient for a defense expert purposes.
APPROVED by Governor June 2, 2008
EFFECTIVE June 2, 2008
S.B. 08-239 Leaving the scene of an accident involving death - increase penalty - appropriation. Increases the penalty from a class 4 felony to a class 3 felony for leaving the scene of an accident involving death.
For the 2008 and 2009 fiscal years, transfers $125,165 from the general fund to the capital construction fund and from capital construction fund to the corrections expansion reserve fund. For the 2010 fiscal year, transfers $137,682 from the general fund to the capital construction fund and from the capital construction fund to the corrections expansion reserve fund. For the 2011 and 2012 fiscal years, transfers $375,495 from the general fund to the capital construction fund and from the capital construction fund to the corrections expansion reserve fund.
For 2009 fiscal year, appropriates $28,758 from the general fund to the department of corrections. For 2010 fiscal year, appropriates $57,516 from the general fund to the department of corrections. For 2011 fiscal year, appropriates $89,150 from the general fund to the department of corrections. For 2012 fiscal year, appropriates $175,424 from the general fund to the department of corrections.
APPROVED by Governor May 14, 2008
EFFECTIVE July 1, 2008
H.B. 08-1085 Colorado bureau of investigation - identification unit fund. Creates the Colorado bureau of investigation identification unit fund ("fund") for moneys paid to offset the costs incurred by the Colorado bureau of investigation in conducting criminal history record checks. Excludes the fund from the statutory limits on cash fund reserves.
APPROVED by Governor March 18, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date,
see page vi of this digest.
H.B. 08-1115 Retaliation against a judge - class 4 felony - appropriation. Creates a new class 4 felony if a person threatens, harasses, or harms certain individuals in retaliation or retribution against a judge.
Makes a 5-year statutory appropriation for implementation of the act as follows:
● For the 2008-09 fiscal year, appropriates $125,165 from the capital construction fund to the corrections expansion reserve fund;
● For the 2009-10 fiscal year, appropriates $28,758 from the general fund to the department of corrections;
● For the 2010-11 fiscal year, appropriates $112,649 from the capital construction fund to the correction expansion reserve fund and $28,758 from the general fund to the department of corrections;
● For the 2011-12 fiscal year, appropriates $54,640 from the general fund to the department of corrections; and
● For the 2012-13 fiscal year, appropriates $112,649 from the capital construction fund to the corrections expansion reserve fund and $28,758 from the general fund to the department of corrections.
APPROVED by Governor May 21, 2008
EFFECTIVE July 1, 2008
H.B. 08-1119 Colorado commission on criminal and juvenile justice - study racial and ethnic disparities. Directs the Colorado commission on criminal and juvenile justice to include in its areas of study the reduction of racial and ethnic disparities in the criminal and juvenile justice systems.
APPROVED by Governor March 19, 2008
EFFECTIVE March 19, 2008
H.B. 08-1130 Wiretaps - applications - extensions. Permits a district attorney to designate the assistant district attorney or the chief deputy district attorney to apply for a wiretap if the district attorney is out of the jurisdiction. Permits the attorney general to designate the chief deputy attorney general or deputy attorney general for the criminal section to apply for a wiretap if the attorney general is out of the jurisdiction. Permits 3 extensions of an order of a wiretap.
APPROVED by Governor March 17, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date,
see page vi of this digest.
H.B. 08-1208 Juvenile direct file - sentence as a juvenile lesser offenses - reverse transfer process - preference for juvenile detention pending trial. Requires the district court to sentence a juvenile who is convicted as an adult to a juvenile disposition for a conviction of an offense for which criminal charges could not have been originally filed by information or indictment. Provides that, if a juvenile is convicted as an adult and receives a juvenile disposition, the juvenile's conviction shall be adjudicated as a juvenile delinquency.
Creates a reverse-transfer process that permits a juvenile to file a petition with the district court within thirty days after the juvenile is charged by direct file asking the court to remand the case to the juvenile court. Requires the court to hold a hearing on the petition in which the juvenile has a burden of showing that the best interests of the juvenile and community would be served by having the case prosecuted in juvenile court.
Creates a preference that a juvenile on a direct file or transfer who has been ordered to held pending the proceedings be held in a juvenile facility. Requires sight and sound segregation if the court decides to have the juvenile held at an adult facility.
VETOED by Governor May 22, 2008
H.B. 08-1217 Sexual assault victim protections - lie detector tests - forensic medical exams - collection of evidence. Prohibits a law enforcement agency, prosecuting officer, or other government official from asking a sexual assault victim to take a lie detector test as a condition of proceeding with the criminal investigation or prosecution. Prohibits a law enforcement agency from asking or requiring a sexual assault victim to participate in the criminal justice process in order to receive a forensic medical exam that includes the collection of evidence ("exam"). Requires the division of criminal justice in the department of public safety, and not the victim, to pay for the exam. Requires a medical facility that performs an exam on a victim that is not at the request of a law enforcement agency to contact law enforcement regarding the storage of the evidence.
APPROVED by Governor March 31, 2008
EFFECTIVE March 31, 2008
H.B. 08-1232 Domestic violence offender management board - revisions - continuation under sunset law - appropriation. Extends the automatic termination date of the domestic violence offender management board ("board") to September 1, 2017, pursuant to the provisions of the sunset law.
Allows the board to develop a renewal process for treatment providers who seek to remain on the approved provider list. Gives the board the authority to increase the application fee up to $300 to cover the costs associated with the initial application and the renewal applications. Directs the board to require approved treatment providers to complete mandatory continuing education courses in areas related to domestic violence. Allows the board to remove a domestic violence treatment provider from the approved provider list and to determine the requirements for a provider's name, once removed, to be reinstated on the list.
Appropriates $26,450 and 0.6 FTE from the domestic violence offender treatment provider fund to the department of public safety, division of criminal justice, for implementation of the act.
APPROVED by Governor June 2, 2008
EFFECTIVE June 2, 2008
H.B. 08-1263 Victims' rights - bond in criminal cases - victim notification - right to be heard. Clarifies the circumstances under which a victim has a right to be notified with respect to court actions concerning a defendant's bond. Requires a district attorney to notify a victim of the filing of charges if the district attorney is filing charges that are lower than those for which the defendant was arrested and the lower charge may result in the court issuing a new, lower bond. Requires notification of the victim in court proceedings where the defendant has requested a modification of the no contact provision of a criminal protection order.
APPROVED by Governor April 7, 2008
EFFECTIVE April 7, 2008
H.B. 08-1348 Peace officers - federal officers. Authorizes officers of the federal protective service of the United States department of homeland security immigration and customs enforcement to act, subject to certain conditions, as peace officers in Colorado.
APPROVED by Governor May 1, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date,
see page vi of this digest.
H.B. 08-1360 Peace officers - fire arson investigators. Clarifies that a fire arson investigator authorized by a unit of local government is a peace officer while engaged in the performance of his or her duties.
APPROVED by Governor May 1, 2008
EFFECTIVE May 1, 2008
H.B. 08-1377 Bail - vehicular eluding and DUI. Requires bail in the amount of $50,000 or an amount set by the court for a person charged with felony vehicular eluding and driving under the influence arising out of the same occurrence.
APPROVED by Governor May 14, 2008
EFFECTIVE May 14, 2008
H.B. 08-1382 Criminal procedure - department of corrections sex offender designation - juvenile venue removal from sex offender registry - earned time while on parole or reparole - appropriation. Defines the department of corrections' authority to determine that an inmate is a sex offender for purposes of mandating sex offender treatment.
Permits a juvenile who is petitioning for removal from the sex offender registry to file his or her motion in the juvenile's change of venue court.
Allows an offender to accrue earned time while on parole or on reparole, but not while reincarcerated after revocation of mandatory parole.
Appropriates $49,292 general fund to the department of corrections for implementation of this act. Decreases the general fund appropriation to the department of corrections, management division, executive director's subprogram, payments to district attorneys by $49,292.
APPROVED by Governor June 2, 2008
EFFECTIVE July 1, 2008
H.B. 08-1392 Competency to proceed - how raised and determined - evaluation privilege - evaluations and reports. Creates a new procedure to address competency to proceed issues in adult criminal cases separate from not guilty by insanity issues. Directs how and when mental incompetency is raised and determined. Addresses issues of privilege related to evaluations authored to address competency issues. Directs the manner and form of the evaluations and reports that are prepared to address issues of competency. Limits the use of evidence first discovered during the evaluation or report process. Addresses issues of restoration to competency and a final determination of whether a defendant is or is not competent to proceed. Permits temporary removal of a person committed for restoration to competency for treatment under certain conditions.
APPROVED by Governor June 2, 2008
EFFECTIVE July 1, 2008
H.B. 08-1397 DNA evidence collection and preservation - requires preservation for class 1 felonies and indeterminate sentencing sex offenses - notification and objection procedure for destruction of all other DNA evidence - court findings regarding DNA evidence in all felonies - DNA working group - peace officer training on DNA evidence collection and preservation - appropriation. Requires the preservation of DNA evidence for the life of the offender if it is collected during the investigation of a class 1 felony or a sex crime eligible for indeterminate sentencing that resulted in a sentence. Creates a process whereby all other DNA evidence may be disposed of after notice to the district attorney and defendant or his or her counsel of record with an opportunity to file an objection with the court.
Requires the court at sentencing to make specific findings related to the case, including an ultimate finding concerning whether the case involved reasonable and relevant DNA evidence that should be preserved. Directs the court to enter those findings into the integrated Colorado on-line network. Directs the department of public safety to prepare a report regarding the data collected.
Creates a working group to discuss evidence issues, and specifies the membership of the working group. Directs the working group to make recommendations regarding standardized time lines for retention of reasonable and relevant DNA evidence, provision of storage facilities, and best practices for evidence collection and storage.
Requires new peace officer cadets and active peace officers to receive training at the training academy on proper DNA evidence collection and preservation. Permits the peace officer standards and training board to develop a specialized certification program for evidence collection and retention.
Appropriates $81,207 from the general fund to the department of law, criminal justice and appellate division, for P.O.S.T. board support.
APPROVED by Governor May 14, 2008
EFFECTIVE May 14, 2008
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