Rep. Javier Mabrey

The act requires certain networks that facilitate payment transactions to make the merchant category code for firearms and ammunition available to merchant acquirers (processor) who process transactions for firearms merchants. A processor must assign the code to each firearms merchant to which the processor provides services. The attorney general's office has exclusive authority to enforce the act. Before bringing an enforcement action, the attorney general's office must notify in writing the person alleged to have violated the act. Standards are set for the notice. A violator has 30 days to cure the violation in accordance with the standards in the act. If a person violates the act and does not cure the violation, the attorney general's office may bring a civil action to seek: A civil penalty of up to $10,000 for each violation; or An injunction or equitable relief that prevents a further violation. If the attorney general's office prevails in the action, a court may issue an order requiring the violator to pay reasonable attorney fees and costs incurred in bringing the action. APPROVED by Governor May 1, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

With certain exceptions, the act prohibits a landlord from evicting a residential tenant unless the landlord has cause for eviction. Cause exists only when: A tenant or lessee is guilty of an unlawful detention of real property under certain circumstances described in existing law, as amended by the act; A tenant or lessee engages in conduct that creates a nuisance or disturbance that interferes with the quiet enjoyment of the landlord or other tenants at the property or an immediately adjacent property, or where the tenant negligently damaged the property; or Conditions exist constituting grounds for a "no-fault eviction". The following conditions constitute grounds for a "no-fault eviction" of a residential tenant, with certain limitations: Demolition or conversion of the residential premises; Substantial repairs or renovations to the residential premises; Occupancy of the residential premises is assumed by the landlord or a family member of the landlord; Withdrawal of the residential premises from the rental market for the purpose of selling the residential premises; A tenant refuses to sign a new lease with reasonable terms; and A tenant has a history of nonpayment of rent. If a landlord proceeds with an eviction of a tenant without cause, the tenant may seek relief as provided in existing laws concerning unlawful removal of a tenant and may assert the landlord's violation as an affirmative defense to an eviction proceeding. Current law allows a tenant to terminate a tenancy by serving written notice to the landlord within a prescribed time period, based on the length of the tenancy. For the purpose of such notices, certain provisions apply, including the following: Any person in possession of real property with the assent of the owner is presumed to be a tenant at will until the contrary is shown; and Certain provisions concerning notices to quit do not apply to the termination of a residential tenancy if the residential premises is a condominium unit. The act eliminates these provisions. Current law requires the management of a mobile home park to make a reasonable effort to notify a resident of the management's intention to enter the mobile home space at least 48 hours before entry. The act increases this notice period to 72 hours. APPROVED by Governor April 19, 2024 EFFECTIVE April 19, 2024(Note: This summary applies to this bill as enacted.)

The act prohibits counties, cities and counties, and municipalities from limiting the number of people who may live together in a single dwelling based on familial relationship, while allowing local governments to implement residential occupancy limits based only on: Demonstrated health and safety standards, such as international building code standards, fire code regulations, or Colorado department of public health and environment wastewater and water quality standards; or Local, state, federal, or political subdivision affordable housing program guidelines. APPROVED by Governor April 15, 2024 EFFECTIVE July 1, 2024(Note: This summary applies to this bill as enacted.)

Under current law, if a defendant is charged with a traffic offense, a petty offense, or a comparable municipal offense, a court shall not impose a monetary condition of release. Specifically, the provision applies to a comparable municipal offense that is a property crime and reflects a value of less than $50. The act removes the monetary threshold and instead states that the court cannot impose a monetary condition of release for a comparable municipal offense that would be a petty offense property crime under state law. APPROVED by Governor April 11, 2024 EFFECTIVE April 11, 2024(Note: This summary applies to this bill as enacted.)

The act requires the department of higher education (department) to: Identify and designate state institutions of higher education (state institutions) as first-generation-serving institutions if: The average resident first-generation undergraduate population share for the most recent year and the 2 previous years equals or exceeds the statewide average resident first-generation undergraduate student population share for the fall 2022 term; or The state institution secured a First Scholars Network of Institutions designation from the Center for First-generation Student Success or a similarly rigorous independent third-party designation; Post on the department's website the names of the state institutions that are so designated; and Notify the state institutions and the Colorado general assembly of the designations. APPROVED by Governor April 11, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

The act authorizes the driver of a 2-wheeled motorcycle to overtake or pass another motor vehicle in the same lane if: The traffic is stopped; The road has lanes wide enough to pass safely; The motorcycle is moving at 15 miles per hour or less; and Conditions permit prudent operation of the motorcycle while overtaking or passing. A motorcycle driver overtaking or passing under the act must not overtake or pass: On the right shoulder; To the right of a vehicle in the farthest right-hand lane if the highway is not limited access; or In a lane of traffic moving in the opposite direction. The authorization to overtake or pass is repealed, effective September 1, 2027. Before the repeal, the Colorado department of transportation will analyze safety data on the act and issue a report to the general assembly. APPROVED by Governor April 4, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

The bill makes changes to increase access to restorative justice practices (restorative justice) in Colorado, specifically by: Creating a victim-survivor right to participate in restorative justice in the criminal and juvenile justice systems; Requiring that victim-survivors be informed of their statutory right to restorative justice and how to exercise it; Creating a victim-survivor right to request restorative justice as an alternative to, or in addition to, prosecution; Establishing the victim-survivor's right to accept or decline participation in restorative justice, and the right to change that decision, at any stage in the proceedings; Creating a victim-survivor right to restorative justice with trained facilitators who adhere to the Colorado restorative justice coordinating council's code of conduct and standards of training and practice, as amended; Requiring that, in cases of domestic violence or unlawful sexual behavior, when a victim-survivor requests restorative justice, the victim-survivor has a right to restorative justice with a facilitator who has specialized training and experience to address the issues specific to those cases; Requiring that participation in restorative justice by a responsible party is voluntary; Mandating that restorative justice is confidential and information obtained through a restorative justice practice must not be disclosed by any party to the practice without the agreement of all parties involved; Requiring the state restorative justice coordinating council to develop, on or before August 30, 2024, 2 standardized forms to advise victim-survivors of their right to restorative justice in criminal and juvenile cases and a confidentiality agreement to use in restorative justice; Clarifying that the legal authority of a prosecutor to make decisions about prosecution is preserved; Creating a funding source for restorative justice through the offender services fund; Eliminating language in statute that prohibits the use of restorative justice in cases involving domestic partner violence, protective orders, stalking, and unlawful sexual behavior; Requiring the department of corrections to accommodate victim-survivor requests for victim-offender dialogues; maintain an accountability letter bank for inmates to send letters of accountability, apology, or remorse to victim-survivors; inform victim-survivors of the availability of such letters; and adopt policies requiring adherence to the principles of victim empowerment; and Eliminating outdated language related to fees for restorative justice in multiple statutes.(Note: This summary applies to this bill as introduced.)

Current law states that if there is sufficient evidence to determine that reunification of a child or youth with one or both parents is not viable due to abuse, neglect, abandonment, or a similar basis, the child or youth is eligible for federal classification as a special immigrant juvenile. The act clarifies that abandonment includes, but is not limited to, the death of one or both parents. The act defines the phrase "special immigrant juvenile status findings". APPROVED by Governor March 22, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

The act enacts the softbound volumes of the Colorado Revised Statutes 2023, the subsequent changes approved by the voters at the statewide election on November 7, 2023, and the 2023 Colorado First Extraordinary Session Supplement as the positive and statutory law of the state of Colorado and establishes the effective date of said publication. APPROVED by Governor February 20, 2024 EFFECTIVE February 20, 2024(Note: This summary applies to this bill as enacted.)

The bill creates the reentry workforce development cash assistance pilot program (pilot program) in the department of corrections (department) to provide cash assistance to persons who enroll and participate in workforce services or training programs after incarceration. The pilot program provides a total payment of up to $3,000 to eligible persons for basic life expenses. The bill requires the department to contract with an organization to administer the pilot program, perform an annual survey of pilot program recipients, and produce an annual report that is submitted to the judiciary committees of the senate and house of representatives. (Note: This summary applies to this bill as introduced.)