The American Red Cross Colorado disaster response, readiness, and preparedness fund voluntary contribution is currently scheduled to appear on the state income tax return form for income tax years beginning on or after January 1, 2015, but prior to January 1, 2020. The bill extends by 5 years the period during which the voluntary contribution will appear on the form. The fund will continue to appear on the form unless the fund does not receive the minimum contribution required by statute in a certain tax year. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill requires each district attorney's office to maintain a central record that tracks each case in which a jailhouse witness is endorsed by the state to testify against a suspect or defendant's interest. Each district attorney's office shall send the information to the Colorado district attorneys' council, which shall maintain a statewide record of the information division of criminal justice in the department of public safety on a monthly basis to be maintained in a centralized statewide record that is available to district attorneys throughout the state . The information is not subject to open records requests. A district attorney shall disclose all jailhouse witnesses who have been endorsed by the state and specified information pursuant to rule 16 of the Colorado rules of criminal procedure. In a criminal prosecution for homicide or sexual assault in which the state intends to introduce the testimony of a jailhouse witness, upon a motion of the defendant, the court shall conduct a pre-trial hearing to determine whether the jailhouse witness's testimony is admissible based upon specified factors. Unless the district attorney shows by a preponderance of the evidence that the jailhouse witness's testimony is reliable based on the specified factors, the court shall not allow the testimony to be heard at trial. If a jailhouse witness's testimony is admitted into evidence, the court shall may instruct the jurors to consider specific factors when assessing the jailhouse witness's testimony. If a jailhouse witness receives leniency related to a pending charge, a conviction, or a sentence for a crime against a victim, in connection with offering or providing testimony against a suspect or defendant, the prosecutor shall notify the victim. The bill appropriates $16,860 from the general fund to the department of public safety which is reappropriated to the office of information technology for information technology services to implement the act. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill eliminates the ability for an exporter of fireworks licensee (exporter) to sell certain fireworks for transport in the purchaser's vehicle if the purchaser displays to the exporter a valid driver's license issued by a state other than Colorado and a valid vehicle registration showing the purchaser owns a vehicle in a state other than Colorado. The bill allows an exporter to sell certain fireworks for transport in the purchaser's vehicle if the purchaser displays to the exporter a valid driver's license issued by a jurisdiction other than Colorado and a valid wholesale or retail license number or resale license number regardless of the issuing state issued by a state or local authority located outside the state of Colorado. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill requires the Colorado supreme court to issue a license to practice law and the department of education to issue a teacher license if in either situation, the license applicant otherwise meets the licensing requirements and: The person has a current and valid employment authorization document issued by the United States citizenship and immigration services; The person is lawfully present in the United States; and The person was issued a social security number by the United States social security administration ; or The person is a United States citizen, a legal permanent resident, or is otherwise lawfully present in the United States. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Under current law, a child is neglected or dependent if the child's environment is injurious to the child's welfare. The bill clarifies that the child's environment is injurious to the child's welfare because the child's parent has placed the child in or failed to remove the child from a situation that a reasonable person would realize requires judgment or actions beyond the child's level of maturity, physical condition, or mental ability and that results in bodily injury or a substantial risk of immediate and grave harm as a result of a blatant disregard of parent or caretaker responsibilities. A child is not neglected or dependent if a child who is of sufficient maturity, physical condition, and mental ability is left by the child's parent, guardian, or legal custodian, under conditions that are reasonably deemed safe and secure sufficient to avoid substantial risk of physical harm, to engage in independent activities specified in the bill. The bill amends the criminal code to reflect that a person does not commit child abuse if the person is exercising reasonable judgment in allowing a child to engage in independent activities as described in language added to the dependency or neglect statute in the bill. The bill amends the definition of neglect in the children's code to state that a child is not neglected when allowed to participate in independent activities specified in the bill that a reasonable and prudent parent would consider safe given the child's maturity, condition, and abilities. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill defines possession for purposes of sexual exploitation of a child. The bill updates certain actions described as sexual exploitation of a child to reflect access and viewing due to evolving technology. The bill makes sexual exploitation of a child an extraordinary risk crime, enhancing the presumptive sentencing range, if the sexually exploitative material depicts a child who is: Under 12 years of age; Subjected to the actual application of physical force or violence; or Subject to sexual intercourse, sexual intrusion, or sadomasochism. The bill creates the sexual exploitation of a child surcharge for any person who is convicted or receives a deferred sentence for sexual exploitation of a child. Ninety-five percent of the surcharge goes to the sexual exploitation of children surcharge fund. The money in the fund will fund the enhance the effective investigation and prosecution of computer-facilitated sexual exploitation of children grant program. The grant awards go to law enforcement agencies to assist with developing and acquiring necessary technological or expert resources to investigate and prosecute computer-facilitated crimes of sexual exploitation of a child is continuously appropriated to the Colorado bureau of investigation to enhance the effective investigation and prosecution of computer-facilitated sexual exploitation of children. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill allows surplus military vehicles to be driven on roadways. Historical military vehicles, which are vehicles valued for historical purposes, are of a model year 1980 or earlier, and maintain historically appropriate markings, may be driven on a highway, but only: To and from assemblies, conventions, or other meetings where historical military vehicles and their ownership are the primary interest; On special occasions, for demonstrations and parades; On occasions when the operation of the vehicle on the highways will not constitute a traffic hazard; and To, from, and during local, state, or national tours held primarily for the exhibition and enjoyment of historical military vehicles. The vehicles will be issued a certificate of title as a motor vehicle and a registration as a motor vehicle. But if the vehicle is transferred to another person who does not intend to use the vehicle for historical purposes, the title will revert back to an off-highway title and the vehicle will no longer be registered. Historical military vehicles are exempted from emissions testing. An historical military vehicle is exempt from the inspection and use of emission controls unless emission controls are standard equipment at the time of manufacture, in which case, the equipment must be in proper working condition to operate the historic military vehicle on the highway. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Statutory Revision Committee. Under current law, the income tax deduction for previously taxed income or gain for C corporations allows C corporations, when calculating their Colorado taxable income, to deduct from their federal taxable income any income or gain that was taxed by Colorado prior to 1965, to the extent that such income or gain is included in their current federal taxable income. The bill repeals this income tax deduction.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill requires penal telecommunication service providers (providers) who that contract with a government entity to provide telecommunication services (services) to jails and other correctional facilities (jails) to maintain data and records (data) related to the services provided to jails. The bill requires providers to submit the data and a report on the services provided to the public utilities commission (commission) on a quarterly basis. An underlying carrier that contracts with a provider to provide the actual services to jails is not required to maintain or produce such data or reports. The commission is required to publish the data and report on its website in a format accessible by the public. Current law exempts providers and the services provided from oversight by the commission. The bill grants the commission authority over providers and the services provided. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Under current law, a secondary school teacher who has sexual contact with a student who is 18 years of age or older may not have committed a crime. The bill provides that a person who subjects a student at the secondary school at which the person is an educator to sexual contact commits the crime of sexual assault on a student by an educator. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
To be eligible for U nonimmigrant status (U visa) from the federal government, a requestor must receive a certification form from a certifying official attesting that the person has been the victim of certain criminal activity and has been, is being, or is likely to be helpful to the detection, investigation, or prosecution of the criminal activity. The bill sets a required time frame for completion or denial of the certification request and sets forth the factors that may and may not be considered in the certification process. If a certifying official denies a certification request, the bill requires the certifying official to give the requestor a written statement containing the reasons for the denial. The bill also prohibits certain disclosures to immigration authorities and requires law enforcement certifying agencies to provide crime victims with information about the U visa. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Current law requires an individual or entity to notify the statewide notification association of all owners and operators of underground facilities of its intent to engage in excavation so that any underground facilities, such as water and sewer pipes, gas lines, and electric or cable lines, that the excavation might affect can be located and marked before excavation begins. Underground facilities are often located beneath county gravel and dirt roads, normally at a depth of at least 18 inches below the road surface. Counties maintain the profile and surface condition of such county roads and county road rights-of-way by engaging in routine and emergency maintenance activities that do not disturb more than 6 inches in depth. These maintenance activities currently trigger the excavation notification requirement, and the related requirement that the location of underground facilities be marked, even though they occur above the levels where underground facilities are located. To prevent such activities from triggering the excavation notification requirement, the bill specifies that "excavation" does not include routine or emergency maintenance of right-of-way on county-owned gravel or dirt roads performed by county employees that: Does not lower the existing grade or elevation of the road, shoulder, and ditches; and Does not disturb more than 6 inches in depth during maintenance operations.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
