Minor victims of human trafficking - immunity - affirmative defense report - post-enactment review. The act clarifies definitions in the "Colorado Children's Code" concerning victims of human trafficking of a minor for involuntary servitude and for sexual servitude. The act creates immunity for a violation of a prostitution-related offense if probable cause exists to believe that a minor was a victim of either human trafficking of a minor for involuntary servitude or for sexual servitude. The act establishes an affirmative defense for all criminal violations, except class 1 felonies, if a minor proves that he or she was: A victim of human trafficking of a minor for involuntary servitude or sexual servitude; and Forced or coerced into engaging in the criminal acts. The act also requires that, if a law enforcement officer encounters a minor and there is probable cause to believe that the minor was a victim of human trafficking of a minor for sexual servitude, the officer shall report the suspected violation to the county department of human or social services or the child abuse hotline. The act requires the legislative services agencies of the general assembly to conduct a review of the implementation of the act 5 years after May 6, 2019. (Note: This summary applies to this bill as enacted.) Read More
Health care - required head trauma guidelines for organized school athletic activities - physical therapists may authorize youth athletes' return to play. Current law states that if a youth athlete is removed from play because a coach suspects the youth athlete has sustained a concussion in a game, competition, or practice, the coach or other designated personnel shall not permit the youth athlete to return to play or participate in any supervised team activities involving physical exertion until the youth athlete is evaluated by a health care provider and receives written clearance to return to play from the health care provider. The act adds licensed physical therapists with training in pediatric neurology or concussion evaluation and management to the definition of "health care provider" for this purpose.(Note: This summary applies to this bill as enacted.) Read More
County, municipal, and political subdivision officers' and employees' retirement systems - employer withdrawal from system - current employees who are peace officers. For a local government that has adopted a plan or system of retirement benefits for its elected or appointed officers and for its employees and that maintains an association for the purchase, establishment, or procurement of a retirement plan or system (association), a new mechanism for certain employers to withdraw from its participation in the association is created. The board of county commissioners may, after an association has been provided an opportunity to present information to the board of county commissioners regarding the advantages or disadvantages of withdrawal from the association, initiate the withdrawal of current employees who are peace officers from its participation in and contributions to a defined contribution plan offered by an association for the purpose of joining a retirement plan offered by the fire and police pension association. For such a withdrawal, the approval requirement to withdraw is 55% of all current employees who are peace officers proposed to be withdrawn from participation in a defined contribution plan offered by the association. If the withdrawal from the defined contribution plan offered by an association is approved, a current employee who is a peace officer may elect to remain an active member of the defined contribution plan. A current employee who is peace officer is required to notify the association and the board of county commissioners whether he or she will remain in the defined contribution plan or become part of the defined benefit plan administered by the fire and police pension association. If a current employee who is a peace officer does not provide such notice, the current employee will remain in the defined contribution plan. A peace officer who is hired on or after the effective date of the retirement plan offered by the fire and police pension association will be enrolled in the retirement plan offered by the fire and police pension association. A board of county commissioners may use the new withdrawal provision once every 4 years. A board of county commissioners may also use the existing withdrawal provision to initiate the withdrawal of current employees who are peace officers from its participation in a defined contribution plan. (Note: This summary applies to this bill as enacted.) Read More
Sex crimes - unlawful electronic sexual communication - minors. The act creates the crime of unlawful electronic sexual communication. The act prohibits a person from knowingly importuning, inviting, or enticing through communication via a computer network or system, telephone network, or data network or by a text message or instant message a person whom the actor knows or believes to be 15 years of age or older but less than18 years of age and at least 4 years younger than the actor, and the actor committing the offense is one in a position of trust with respect to that person, to: Expose or touch the person's own or another person's intimate parts while communicating with the actor via a computer network or system, telephone network, or data network or by a text message or instant message; or Observe the actor's intimate parts via a computer network or system, telephone network, or data network or by a text message or instant message. A violation of this provision is a class 6 felony. The act prohibits a person from knowingly communicating over a computer or computer network, telephone network, or data network or by a text message or instant message to a person the actor knows or believes to be 15 years of age or older but less than 18 years of age and at least 4 years younger than the actor and, in that communication or in any subsequent communication, describes explicit sexual conduct and, in connection with that description, makes a statement persuading or inviting the person to meet the actor for any purpose, and the actor committing the offense is one in a position of trust with respect to that person. A violation of this provision is a class 6 felony, but it is a class 5 felony if committed with the intent to meet for the purpose of engaging in sexual exploitation or sexual contact. The act require a person who commits unlawful electronic sexual communication to undergo sex offender treatment and register as a sex offender, and the defendant is subject to the sex offense against children procedures. (Note: This summary applies to this bill as enacted.) Read More
Health facilities - health care providers - adverse health care incidents - protected communications with patients. The act creates the "Colorado Candor Act" (Act), which: Establishes a process for open communication between a patient and a health care provider or health facility after an adverse health care incident; and Provides that communications under the Act are privileged and confidential, are inadmissible as evidence in any subsequent proceedings arising directly out of the adverse health care incident, and are not subject to discovery, subpoena, or other means of legal compulsion for release.(Note: This summary applies to this bill as enacted.) Read More
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The bill amends the "Colorado Consumer Protection Act" (act) to clarify that a plaintiff in an individual action may be awarded damages equal to the sum of $500 per violation. The bill also amends the act to clarify that, under the act, a class action may be brought and damages may awarded to the class. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
The bill directs the Colorado commission on criminal and juvenile justice to study using juvenile justice services and systems for adults 18 through 24 years of age ( young adults). The task force shall: Compile data regarding all criminal filings in the state from the last 3 years that data is available in which a defendant is 18 through 24 years of age; Study the established brain research for young adults, study the data collected, study the potential impacts on the division of youth services and youthful offender system if they also served young adults, and make recommendations to the general assembly regarding appropriate uses of the juvenile justice system for young adults; and Create a report of the collected data and recommendations for the judiciary committees of the house of representatives and senate by June 30, 2020.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
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Marijuana cash fund - marijuana tax cash fund - transfers. The act requires the state treasurer to make 2 transfers from the marijuana cash fund to the marijuana tax cash fund. On July 1, 2019, the state treasurer will transfer $914,416, and on July 1, 2020, the state treasurer will transfer $890,901.(Note: This summary applies to this bill as enacted.) Read More
Capital-related transfers of money. For the 2019-20 state fiscal year, the act transfers: $90,695,989 from the general fund to the capital construction fund; $42 million from the general fund to the controlled maintenance trust fund; $12,342,676 from the general fund to the information technology capital account of the capital construction fund; $500,000 from the general fund exempt account of the general fund to the capital construction fund; and $1 million from the preservation grant program account of the state historical fund to the capital construction fund for repainting of the interior of the dome of the state capitol building.(Note: This summary applies to this bill as enacted.) Read More
General fund transfer - state employee reserve fund. The act requires the state treasurer to transfer $23 million from the state employee reserve fund to the general fund on July 1, 2019.(Note: This summary applies to this bill as enacted.) Read More
