The act changes terminology related to child prostitution to commercial sexual activity with a child in the crimes of soliciting for child prostitution, pandering of a child, keeping a place of child prostitution, pimping a child, inducement of child prostitution, and patronizing a prostituted child, including changing the name of the offenses for soliciting for child prostitution, keeping a place of child prostitution, inducement of child prostitution, and patronizing a prostituted child. A court is required to sentence an offender convicted of one of the listed offenses, other than soliciting for commercial sexual activity with a child, to at least the minimum of the presumptive range for the level of offense associated with the crime. For an offense of soliciting for commercial sexual activity with a child, if the court sentences the person to probation, the court shall order as a condition of probation that the person serve 364 days in the county jail. In the crime of soliciting for commercial sexual activity with a child, the act adds knowingly soliciting a child for commercial sexual activity as a means of committing the offense and requires that when arranging or offering to arrange a meeting, the offender must know that meeting will facilitate commercial sexual activity with a child. The act removes the spousal exception from the crime of engaging in commercial sexual activity with a child. The act makes the penalty for internet luring of a child a class 3 felony when the offense is committed with the intent to meet for the purpose of engaging in commercial sexual activity. In this circumstance, a court is required to sentence the offender to at least the minimum of the presumptive range for the class 3 felony.(Note: This summary applies to this bill as enacted.)
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The act creates the 'Colorado Mandatory Lethality Assessment Act', which requires peace officers to conduct a lethality assessment when responding to a domestic violence incident and include the completed lethality assessment in the incident report. A peace officer is not required to administer a lethality assessment if a victim is unavailable, not at the scene, incapacitated, or if circumstances otherwise make the administration of the lethality assessment impossible or impracticable. If the lethality assessment indicates that an individual is a high-risk victim, or if the lethality assessment does not indicate a victim is high-risk but a peace officer determines an individual is a high-risk victim based on the totality of the circumstances, the peace officer is required to immediately contact a community-based victim's advocate either by phone or in person and provide the high-risk victim the opportunity to speak with the advocate. The act requires the attorney general's office, in consultation with a Colorado-based coalition that advocates for survivors of domestic violence, to develop a mandatory training for peace officers to learn how to administer the lethality assessment and provide victim referrals. No later than June 1, 2027, the attorney general is required to make the training available and offer assistance to law enforcement agencies in providing the training. Beginning July 1, 2027, the act requires each law enforcement agency to ensure that each peace officer employed by the agency has completed the mandatory training; except that a law enforcement agency that has provided training on the administration of lethality assessments prior to July 1, 2027, is not required to provide additional training. Beginning January 2028, and each January thereafter, the act requires the attorney general's office to report to the general assembly certain information related to lethality assessments conducted in the previous calendar year. No later than January 31, 2030, the domestic violence fatality review board shall evaluate the effectiveness of mandatory lethality assessments and referrals to resources and submit the evaluation to the general assembly. The act does not impose criminal, administrative, or civil liability on any person for an act or omission made in good faith related to administering a lethality assessment.(Note: This summary applies to this bill as enacted.)
For purposes of the 'Victim Rights Act', the act prohibits a defendant or alleged offender in the underlying case from being the 'lawful representative' of a victim or the victim's designee if the victim is a child or an at-risk adult. The act creates new rights for a victim under the 'Victim Rights Act', including the right to:Be notified by the district attorney if the district attorney receives a notice that a crime laboratory employee engaged in a wrongful action that includes a crime against the victim and a notice that an evidentiary hearing on post-conviction petition for relief is held;Request to be referred to by an abbreviation, pseudonym, initials, or another preferred name during hearings; andBe heard at a restitution assessment hearing.(Note: This summary applies to this bill as enacted.)
The act allows the joint technology committee (JTC), within 90 days after the day that the chief information security officer of the office of information technology (security officer) files a written information technology security compliance report (compliance report) with the JTC as required by the act, to vote to request that the legislative audit committee direct the state auditor to conduct a special information technology security audit (IT security audit) of the office of information technology (OIT) if the compliance report indicates that one or more audit recommendations made by the state auditor is unresolved 2 or more years past the implementation date for the audit recommendation or if a material discrepancy exists between a representation in the compliance report and a previous audit finding. If the JTC votes to request an IT security audit and if the legislative audit committee votes to direct the audit, the act requires:The state auditor to conduct the IT security audit;The state auditor to obtain input from OIT when the state auditor determines the scope and boundaries of the audit;The state auditor to submit the IT security audit report to the legislative audit committee, the JTC, the joint budget committee, and the governor; andOIT to reimburse the state auditor for the auditor's costs incurred in completing the IT security audit. The act requires OIT to establish, maintain, keep, update, and make available to state agency information technology leadership and the members of the JTC a list of all active information technology vendor contracts for state agencies. The act specifies that, except in the case of an information technology security emergency, OIT shall not publish or implement a technical information technology standard, and that the standard is void, unless the standard:Was publicly posted; andReceived approval from the security officer if the standard relates to security, access controls, or the handling of data. The act requires OIT to ensure that, if an information technology contract provides ongoing service and delivery to Coloradans, the contract maintains current architecture diagrams that are updated at least annually. The act prohibits the chief information officer from delegating a duty, responsibility, or power of the security officer. The act requires the security officer to submit 2 annual reports to the JTC. The first report is a written compliance report that includes OIT's current compliance status with applicable security standards; all open audit recommendations regarding OIT made by the state auditor and the date on which each recommendation was made; and a timeline for remediation and a mitigation plan or compensation controls for each open audit recommendation made by the state auditor. The second report is a written statewide information technology security risk report (security risk report) that assesses the overall security risk posture of state agency information technology systems. To support the preparation of the security risk report, the security officer may conduct evaluations of state agency information technology systems, including penetration testing, vulnerability scanning, configuration evaluations, and vendor and system reviews. Each state agency shall provide to the security officer, upon request, the access and information necessary to conduct evaluations of state agency technology systems, including system access, product information, and architecture information. The act requires the security officer, or the chief information officer if the security officer is unavailable, to perform the duties and uphold the responsibilities assigned to the security officer pursuant to law.(Note: This summary applies to this bill as enacted.)
The act makes various updates to language in the 'Workers' Compensation Act of Colorado' to align with technology changes in the division of workers' compensation in the department of labor and employment. These updates include changing current statutory language requiring mailing of documents to allow for electronic mailing or filing of the documents. The act also changes the fund into which an employer or employer's insurance carrier makes payments to the state for a compensable injury resulting in death of a minor without surviving parents from the subsequent injury fund to the Colorado uninsured employer fund.(Note: This summary applies to this bill as enacted.)
The act creates a process for employers and licensed insurance producers to update an employer's experience modification factor when:An open claim is reported by an insurance carrier to the rating bureau with a higher open claim amount than the amount after the claim was closed; andThe lower claim amount would reduce an employer's experience modification factor at least .05 compared to the previously released experience modification factor or from above 1.0 to 1.0 or below. The employer must notify the insurance carrier between the time the claim is reported to a rating bureau and 31 days after the employer's rating effective date. The insurance carrier is required to credit the employer for a premium change resulting from the revised experience modification factor.(Note: This summary applies to this bill as enacted.)
The act increases participation, representation, and support for individuals 55 years old or older in the Colorado workforce and in organizations related to employment and the workforce by:Beginning in 2027, requiring the state work force development council (council), the Colorado commission on the aging, and other entities to meet twice a year, collect data, and work collaboratively on issues related to individuals in the workforce who are 55 years old or older;Beginning in 2028, and each year thereafter, requiring the department of labor and employment and the department of human services to jointly submit a report compiling the data collected by the council, the Colorado commission on the aging, and other entities to the general assembly and requiring the department of labor and employment, during the department's annual 'SMART Act' hearings, to summarize the report to certain legislative committees; andRequiring that the council, the commission on higher education, and the advisory committee to the commission on higher education, or their successor entities, each have at least one member serving on their governing entity that is at least 55 years old and either is actively involved in or has interest, knowledge, or experience in advocating for the interests of individuals who are 55 years old or older as related to the functions of each entity.(Note: This summary applies to this bill as enacted.)
The act defines 'first responder' to include:A peace officer;A firefighter;A volunteer firefighter;An emergency medical service provider; orA mental health professional who responds in a professional capacity to a justifiable medical emergency. Existing law requires the emergency medical and trauma services advisory council (council) to review and approve new rules and modifications to rules prior to the adoption of such rules or modifications by the state board of health. The act requires the council to make recommendations for, instead of approve, rules and modifications to rules concerning emergency medical and trauma services prior to the adoption of such rules or modifications by the state board of health. Beginning January 1, 2027, the act requires the department of health care policy and financing (state department) to reimburse the following entities under the 'Colorado Medical Assistance Act':An ambulance service for ground transportation by an ambulance or other vehicle to a hospital or other destination as deemed appropriate by the ambulance service's medical director;An ambulance service for treatment on the scene of a medical emergency, which treatment does not result in ground transportation; andA qualified provider, an ambulance service, or an agency for evaluation by telemedicine of a person being treated by an ambulance service or an agency for the purpose of preventing the need to transport the person to a hospital.(Note: This summary applies to this bill as enacted.)
The act allows the division of fire prevention and control to seek, accept, and expend gifts, grants, or donations to implement the requirements of the firefighter behavioral health benefits program.(Note: This summary applies to this bill as enacted.)
In current law, a person who is a member of the Colorado National Guard who is accepted for enrollment at a designated institution of higher education (member) has all their tuition costs waived. All tuition waiver costs are currently funded by the state from money in the Colorado National Guard tuition fund. The act changes the funding mechanism of the Colorado National Guard tuition waiver program by requiring each designated institution of higher education to waive the remaining balance of a member's tuition cost in excess of the amount of any private, state, or federal financial assistance received. The act requires the department of military and veterans affairs to reimburse each institution for 50% of the cost of tuition waived by the institution and requires the general assembly to appropriate money to the Colorado National Guard tuition fund to cover the reimbursement.(Note: This summary applies to this bill as enacted.)