Current law requires an individual who wishes to have a document notarized to appear personally before the notary public. The bill authorizes notaries public to perform a notarial act on behalf of an individual who is not in the notary's physical presence, but only with respect to an electronic document. To perform a 'remote notarization', a notary must use a tamper-evident electronic system that conforms to standards established by rules of the secretary of state, including using real-time audio-video communications and keeping an audio-video recording of the notarization for at least 10 years. The bill establishes the standards that a notary must comply with to have satisfactory evidence of the identity of the person seeking the remote notarization. A notary is prohibited from using information collected during a remote notarization other than as allowed by applicable federal or state law. The bill appropriates $42,895 to the department of state for the implementation of the act. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
The bill prohibits county law enforcement agencies from detaining individuals for the federal immigration and customs enforcement agency (ICE) or providing notifications of an individual's release date and time to ICE unless ICE has a judicial warrant. The bill prohibits renewal of current intergovernmental service agreements with ICE and prohibits new agreements. The bill requires local law enforcement officers to administer an advisement of rights to an individual prior to an ICE interview, informing the individual that he or she has the right to deny an ICE interview request and that he or she can exercise his or her constitutional rights. The bill requires the department of human services to develop and publish model policies to ensure that public schools, state-funded colleges and universities, public libraries, public health facilities, shelters, courthouses, probation offices, and entities providing criminal court-ordered classes, treatment, and appointments are places that are accessible to all residents regardless of immigration status. All public schools, state-funded colleges and universities, public libraries, public health facilities, shelters, and courthouses shall adopt the policies or equivalent policies. Probation offices and entities providing criminal court-ordered classes, treatment, and appointments may adopt the policies or equivalent policies. (Note: This summary applies to this bill as introduced.) , Read More
Under existing law, the department of revenue (department) may not issue or renew, or may cancel, a driver's license if the applicant or license holder has outstanding warrants or has failed to pay certain monetary judgments relating to traffic violations. The bill prohibits the department from denying or canceling a driver's license when the applicant or license holder has failed to pay a monetary judgment relating to a traffic violation or has used public transportation without paying the fare. Under existing law, an outstanding judgment or warrant relating to any municipal violation committed when the applicant or license holder was under 18 years of age must result in the denial or cancellation of the driver's license. The bill limits such denials or cancellations to when the outstanding warrant is for a traffic violation that occurred when the applicant or license holder was under 18 years of age. (Note: This summary applies to this bill as introduced.) , Read More
The bill establishes a primary care payment reform collaborative in the primary care office in the department of public health and environment. To facilitate the collaborative's work, the administrator of the all-payer health claims database is to report data on primary care spending by private health insurers, insurers providing state employee health benefit plans, and the department of health care policy and financing under the state medicaid program and the children's basic health plan.(Note: This summary applies to this bill as introduced.) , Read More
The Colorado youth advisory council (council) is comprised of 4 legislative members and 40 nonlegislative members who are between 14 and 19 years of age. The council meets 4 times each year to examine, evaluate, and discuss the issues, interests, and needs affecting Colorado youth. On or before April 30 each year, the council reports to legislative committees a summary of the council's work and recommendations. The bill creates the Colorado youth advisory council review committee (review committee). The review committee is comprised of the legislative members of the council, 5 nonlegislative council members who are appointed by the council, and one member of the legislative council. The 5 legislative members of the review committee serve as voting members. All other members are nonvoting members. The review committee may meet up to 3 times each interim and recommend up to 3 bills to the legislative council. The bill makes an appropriation. (Note: This summary applies to this bill as introduced.) , Read More
The bill defines 'open blockchain token' and exempts certain open blockchain tokens from the definition of 'security' for purposes of the 'Colorado Securities Act'. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
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The bill requires the peace officers standards and training board (P.O.S.T. board), which certifies peace officers, to revoke the certification of a peace officer if: The P.O.S.T. board receives notification from a law enforcement agency that employs or employed the peace officer that the peace officer knowingly made an untruthful statement concerning a material fact or omitted a material fact on a criminal justice record, while testifying under oath, or during an internal affairs investigation or comparable administrative investigation; and The law enforcement agency certifies that it completed an administrative process defined by a published policy of the law enforcement agency, and through that process, the law enforcement agency determined by a clear and convincing standard of the evidence that the officer knowingly made an untruthful statement concerning a material fact or knowingly omitted a material fact on an official criminal justice record, while testifying under oath, or during an internal affairs investigation or comparable administrative investigation. The bill allows a person whose P.O.S.T. certification is revoked to appeal the revocation in accordance with rules of the P.O.S.T. board. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill creates the legislative interim committee on misdemeanor sentencing, to meet during the 2018 interim. The committee consists of 6 members--3 senators and 3 representatives. The senate president appoints 2 senators and designates the chair of the committee, and the senate minority leader appoints one senator. The speaker of the house of representatives appoints 2 representatives and designates the vice-chair of the committee, and the house minority leader appoints one representative. The interim committee may meet up to 5 times during the interim and may propose up to 5 exempt committee bills. The interim committee shall, at a minimum, study the following issues: The collateral consequences of a crime with a sentencing range of one year or greater; The fiscal impact of misdemeanor sentences on state and local authorities; and The appropriate penalty level for offenses that are deemed misdemeanors.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
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The bill makes numerous changes to statutes related to the process of determination of competency to proceed in a criminal case. Section 1 of the bill updates the definitions section of article 8.5 of title 16 to include new terminology. Section 2 of the bill makes changes in the regulation of a second competency evaluation (evaluation) requested by the court, including reducing the time frame that the prosecution or defense may request a second evaluation from 14 days to 7 days and clarifying that the department of human services (department) is not responsible for conducting a second evaluation. Section 3 of the bill concerns changes to competency evaluations and reports, including that: The court shall order the evaluation be conducted on an out-of-custody basis, unless otherwise provided. If the evaluation must be conducted on an in-custody basis, the department is required to begin the evaluation no later than 7 days after the department's receipt of a court order directing the evaluation. The department shall complete the evaluation no later than 45 days after receipt of the court order, unless for good cause shown; A defendant must have bond set unless they are otherwise ineligible for bond. The court shall determine the type of bond after consideration of factors. The court shall include as a condition of bond the defendant's cooperation with a competency evaluation; The court may order a defendant into the department's custody for purposes of an evaluation under stated circumstances; If the defendant is in the custody of the department, provisions for returning the defendant to the custody of the county jail or to the community are set forth; The competency evaluation report (report) must include: If the defendant is determined to be incompetent to proceed, whether or not there is a substantial probability that he or she can be restored to competency within the allowable time frame and whether inpatient or outpatient restoration services are recommended; If available, information on previous evaluations or restoration services provided to the defendant; and If the defendant meets the criteria for civil certification or is eligible for services for individuals with intellectual and developmental disabilities. If the report concludes that the defendant is incompetent to proceed, the department may initiate restoration services unless either party objects within 72 hours after receipt of the report; Sections 4, 5, and 6 of the bill outline procedures to follow after a determination of competency or incompetency to proceed, including that: If the defendant is released on bond, a determination of whether restoration services are to be provided on an outpatient or inpatient basis. If the defendant is ordered to outpatient restoration services and he or she is uncooperative or fails to begin services, the individual agency responsible for providing restoration services shall notify the court within 28 days; The department is the entity responsible for the development of restoration curricula and necessary training to create outpatient restoration services in any setting; If the defendant remains in custody, the court shall order the department to provide restoration services at the place where the defendant is in custody and if the department has no available beds for inpatient restoration services if inpatient restoration services are recommended. The department shall begin outpatient restoration services as soon as practicable after a court's order; The court shall commit the defendant to the custody of the department for inpatient restoration services if the defendant has not been restored to competency within 150, unless the timeline is extended for good cause shown. The timeline must exclude time during which the defendant refuses to accept services or treatment; For a defendant who is receiving outpatient and in-custody restoration services, the court shall review the case every 30 days to assess the defendant's progress toward restoration to competency; If outpatient restoration services have been ordered and the department is unable to provide such services, the court may commit the defendant to the department's custody until outpatient services are available; If inpatient restoration services have been ordered, the most clinically appropriate setting must be used; and The bill reduces the time that either party may request a second evaluation from 14 days to 7 days after receipt of a report concerning competency. If a second evaluation is allowed, the second evaluation report must be completed and filed with the court within 42 days, as opposed to the current requirement of 63 days. Section 7 of the bill outlines the options for reviews, civil certification (certification), provision of services for persons with intellectual and developmental disabilities (provision of services), and termination of proceedings (termination), including that: Time periods for review and final determinations related to certification, provision of services, and termination are established for different levels of offenses; In no instance may confinement exceed the maximum term of confinement that could be imposed for the most serious offense with which the defendant is charged, less any time credits the defendant is entitled to; At the end of any maximum amount of time, the court shall dismiss the charges and any certification proceedings or provision of services are to be governed by appropriate laws; The court is required to review the defendant's case at least every 3 months with regard to the probability that the defendant will eventually be restored to competency and to whether there is justification for certification or confinement. The court shall review a current evaluation report that includes information on whether there is a substantial probability the defendant will be restored to competency within the allowable time frame, and if the defendant meets the criteria for certification or the provision of services; If the defendant is charged with a misdemeanor, misdemeanor drug offense, or petty offense, excluding victim's rights offenses; and has been committed to the custody of the department or otherwise confined for an aggregate period of 3 months, and the court determines that he or she remains incompetent to proceed and there is not a substantial probability that he or she will be restored to competency within the next 3 months, the court shall dismiss the charges against the defendant. If the court determines there is a substantial probability that the defendant will be restored to competency within the next 3 months, restoration services may continue for another 3 months. After 6 months, the court shall dismiss the charges against the defendant; If the defendant is charged with a class 5 or class 6 felony, excluding victim's rights offenses, a level 3 or level 4 drug felony, or any misdemeanor offense not otherwise included in earlier section, and has been committed to the custody of the department or otherwise confined for an aggregate period of 1 year, and the court determines that he or she remains incompetent to proceed and there is not a substantial probability that he or she will be restored to competency within the next six months, the court shall dismiss the charges against the defendant. If the court determines there is a substantial probability that the defendant will be restored to competency within the next six months, restoration services may continue for another six months. After 18 months, the court shall dismiss the charges against the defendant; If the defendant is charged with any other felony offense, except a class 1, class 2, or class 3 felony, a sex offense, a crime of violence, or a level 1 or level 2 drug felony, and has been committed to the custody of the department or otherwise confined for an aggregate period of 3 years, and the court determines that he or she remains incompetent to proceed and there is not a substantial probability that he or she will be restored to competency within the next year, the court shall dismiss the charges against the defendant. If the court determines there is a substantial probability that the defendant will be restored to competency within the next year, restoration services may continue for another year. After 4 years, the court shall dismiss the charges against the defendant, unless any party objects. If a party objects to dismissal of charges, the court shall set the matter for a hearing; Prior to the dismissal of any charges, the court shall identify whether the defendant meets the requirements for certification or provision of services. If so, the court may stay the dismissal for 21 days and notify the department and county attorney in the relevant jurisdiction of the pending dismissal; and Certification proceedings may be brought against a defendant at any time. Sections 8, 9, 10, and 11 of the bill provide that officers of the judicial branch, district attorneys, public defenders, and attorneys for the office of alternate defense counsel should receive training concerning determinations of competency to proceed for juveniles and adults, evaluation reports, services to restore competency, and certification proceedings.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
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