The bill allows courts and opposing counsel to raise objections to the use of peremptory challenges with the potential to be based on racial or ethnic bias in criminal cases. The bill provides a list of presumptively invalid reasons for peremptory challenges. Presumptively invalid reasons include: Having prior contact with law enforcement officers; Expressing distrust of law enforcement officers or a belief that law enforcement officers engage in racial profiling; Having a close relationship with an individual who has been stopped, arrested, or convicted of a crime; Residing in certain neighborhoods; Having a child outside of marriage; Receiving state benefits; or Speaking English as a second language. The bill requires appellate courts to hear peremptory challenge cases de novo and review a trial court's factual findings for substantial evidence. (Note: This summary applies to this bill as introduced.)
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The act requires a court to hold a bond setting hearing within 48 hours after an arrestee's arrival at a jail or holding center beginning on April 1, 2022.Under current law, a person is allowed to post bond within 2 hours after the sheriff receives the bond information. The act repeals that requirement. The act states a bond may be paid at a minimum by cash, money order, or cashier's check, and a judge, judicial officer, or bond hearing officer shall not require a monetary bond be paid in the defendant's name. Unless extraordinary circumstances exist, the custodian of a jail shall release a defendant who is granted a personal recognizance bond no later than 6 hours after the defendant is back in jail, and in cases when cash bond is set, the defendant shall be released no later than 6 hours after bond is set, after the defendant is physically present in the jail, and after the defendant or surety notifies the jail that the defendant or surety is prepared to post bond. If the custodian fails to release the defendant within 6 hours after the bond has been set, the custodian shall inform the defendant and any person posting bond on behalf of the defendant the reason for the delay and shall document the reason for delay in the defendant's file. The act requires that after a bond has been paid, the defendant and surety, if any, receive a copy of the bond paperwork, a notice of rights related to bonding, and information regarding the defendant's next court date. The act requires each jurisdiction to establish a way to pay bond online by January 1, 2022. The act states that a bond is posted when the surety or defendant pays the bond as evidenced by the time stamp on the bond or bond receipt.Each sheriff shall post a notice of rights related to bonding on the sheriff's website, including information about how to file a complaint for violations. The sheriff shall include the notice in the inmate handbook and must provide the notice free of charge to anyone requesting a copy. The sheriff shall post a notice that contains the bonding information in the common area of the jail in a location clearly visible to the inmates and clearly visible in the public portion of the jail where a person posts bond.By October 1, 2021, each sheriff shall:Create written policies to comply with statutory bonding requirements; Review and update the sheriff's website, signage, paperwork, and forms related to bonding to reflect current law; and File a certificate of compliance with the statutory bonding provisions with the division of criminal justice in the department of public safety. The act provides that each defendant has a right to be represented by an attorney at a bond hearing and the prosecution has the right to be present at a bond hearing.The act creates the position of a bond hearing officer, who is a magistrate, to conduct bond hearings on weekends and holidays throughout the state using audiovisual technology. The bond hearing officer conducts bond hearings throughout the state in the counties that request the service of the bond hearing officer. The public will be able to view the hearings. For each case heard by the bond hearing officer, the arresting jurisdiction shall electronically transmit the arrest report, pretrial services information, and all other relevant information to the bond hearing officer prior to the hearing. The act creates the district attorney assistance for bond hearing grant program to assist smaller district attorneys' offices in covering the costs associated with the bond hearing officer hearings. The act appropriates $150,000 for the grant program.For the 2021-22 state fiscal year, the act appropriates $412,816 from the general fund and the judicial department information technology cash fund to the judicial department to implement the act. The act appropriates $67,136 from the general fund to the state public defender to implement the act. The act appropriates $19,500 from the general fund to the division of criminal justice in the department of public safety to implement the act.(Note: This summary applies to this bill as enacted.)
The act allows the division of housing within the department of local affairs to use the housing development grant fund for rental assistance, tenancy support service programs, and awarding grants and loans for the rental, acquisition, or renovation of underutilized hotels, underutilized motels, and other underutilized properties to provide noncongregate sheltering or affordable housing for people experiencing homelessness. The act expands those who are eligible to benefit from the rental assistance and tenancy support programs to include individuals experiencing homelessness.The act transfers $30 million from the affordable housing and home ownership cash fund to the housing development grant fund for the funding of rental assistance and tenancy support programs related to the rental, acquisition, or renovation of underutilized hotels, underutilized motels, and other underutilized properties, and the awarding of grants and loans for the rental, acquisition, or renovation of underutilized hotels, underutilized motels, and other underutilized properties. The act also transfers $15 million from the general fund to the affordable housing and home ownership cash fund.Additionally, the act requires the department of local affairs, during its annual report to the assigned committee of reference, to report on the rental and tenancy support service programs provided by the division of housing related to the rental, acquisition, or renovation of underutilized hotels, underutilized motels, and other underutilized properties and the grants and loans awarded by the division for the rental, acquisition, or renovation of underutilized hotels, underutilized motels, and other underutilized properties.Finally, the act further expands the permissible use of the housing development grant fund to allow the awarding of grants to nonprofit organizations for the issuance of direct assistance to individuals who are currently experiencing financial need and are not eligible for certain other types of assistance. The act transfers $15 million from the general fund to the housing development grant fund for this purpose and requires the state treasurer to transfer all unexpended and unencumbered money that is transferred to the fund for this purpose to the general fund on June 30, 2022.(Note: This summary applies to this bill as enacted.)
The federal government enacted the "American Rescue Plan Act of 2021" (federal act) to provide support to state, local, and tribal governments in responding to the impact of COVID-19 and to assist them in their efforts to contain the effects of COVID-19 on their communities, residents, and businesses. Under the federal act, the state of Colorado receives over $500 million to address the housing needs of populations, households, or geographic areas disproportionately affected by the COVID-19 public health emergency.The act creates the affordable housing and home ownership cash fund (fund) in the state treasury. To respond to the public health emergency with respect to COVID-19 or its negative economic impacts, the act authorizes the general assembly to appropriate or transfer money from the fund to a department or cash fund for programs or services that benefit populations, households, or geographic areas disproportionately impacted by the COVID-19 public health emergency, focusing on programs or services that address housing insecurity, lack of affordable housing, or homelessness.Three days after the effective date of the act, the state treasurer is required to transfer $550 million from the "American Rescue Plan Act of 2021" cash fund to the fund.The act requires the division of housing (division) within the department of local affairs (department) to use the appropriation made by the act for programs or services of the type and kind financed through the housing investment trust fund or the housing development grant fund to support the programs or services that benefit populations, households, or geographic areas disproportionately affected by the COVID-19 public health emergency to obtain affordable housing, focusing on programs or services that address housing insecurity, lack of affordable and workforce housing, or homelessness, including the programs or services that are specified as authorized uses under the federal act.Three days after the effective date of the act, the state treasurer is required to transfer $1,500,000 from the fund to the eviction legal defense fund. The eviction legal defense fund is used to provide legal representation to indigent tenants to resolve civil legal matters resulting from an eviction or impending eviction caused by the COVID-19 public health emergency. Money transferred to the eviction legal defense fund is to be used to make grant awards to qualifying organizations that provide legal services to indigent clients.The act requires the executive committee of the legislative council, by resolution, to create a task force to meet during the 2021 interim and issue a report with recommendations to the general assembly and the governor on policies to create transformative change in the area of housing using money the state receives from the federal act. The task force may include nonlegislative members and have working groups created to assist them.For the 2021-22 state fiscal year, the act appropriates $98,500,000 to the department for use by the division. This appropriation is from the fund and of money the state received from the federal coronavirus state fiscal recovery fund. To implement the act, the division may use the appropriation for the purposes specified in the statutory provisions creating the fund.For the 2021-22 state fiscal year, the act appropriates $200,000 to the legislative department for its implementation. This appropriation is from the fund and originates from the general fund.For the 2021-22 state fiscal year, the act appropriates $1,500,000 to the judicial department for use by the eviction legal defense fund. This appropriation is from the eviction legal defense fund and of money the state received from the federal coronavirus state fiscal recovery fund. To implant the act, the judicial department may use the appropriation for the purpose of providing legal representation to indigent tenants.(Note: This summary applies to this bill as enacted.)
The act requires a licensed gun dealer to obtain approval for a firearms transfer from the Colorado bureau of investigation (bureau) prior to transferring a firearm.The act prohibits the bureau from approving the transfer of a firearm to a person who was convicted of specified misdemeanor offenses. The bureau is also prohibited from approving a firearms transfer until it determines that its background investigation is complete and that the transfer would not violate federal prohibitions on firearms possession or result in a violation of state law.A person may be denied a firearms transfer if there has not been a final disposition in criminal proceedings for certain offenses for which the prospective transferee, if convicted, would be prohibited from purchasing, receiving, or possessing a firearm. The act permits continued denial of the transfer when the bureau is unable to obtain the final disposition of a case that is no longer pending.A person who has been denied a firearms transfer following a background check can appeal the denial. The act establishes a 60-day deadline for the bureau to review background check records that prompted the denial and render a final administrative decision regarding the denial.(Note: This summary applies to this bill as enacted.)
The bill provides injured workers control over the selection of the primary treating physician in workers' compensation cases, allowing them to choose from any level I or level II accredited physician through the division of workers' compensation. The bill creates the mechanism by which the injured worker may select the treating physician, and requires the employer or insurer to choose the physician when an injured worker is unable or unwilling to select the treating physician.(Note: This summary applies to this bill as introduced.)
The act authorizes a school district, a board of cooperative services, an institution of higher education, a nonprofit organization, a charter school, the state charter school institute, a nonpublic school, or any combination of these entities to create an alternative principal program (program). The program must meet statutory requirements and is subject to approval and periodic reapproval by the state board of education. A person who completes an approved program while employed by a school district, board of cooperative services, or charter school may qualify for an initial or professional principal license.For the 2021-22 fiscal year, the act appropriates $16,692 from the educator licensure cash fund to the department of education for the office of professional services.(Note: This summary applies to this bill as enacted.)
The act removes the restriction on compensation for a president or vice-president of a school district board of education (board) and allows for the compensation of members of a board. The act also clarifies that any increase to compensation cannot occur during an officer's or member's term in office. The act also requires that a board set compensation rates for officers and members by written resolution in a public meeting. The act also allows members of a board to be reimbursed for necessary expenses in amounts approved by a majority vote of the board in a public meeting.The act also requires that any compensation provided to officers or members of a board is not higher than $150 per day for not more than 5 days per week. The act also provides that board members may only receive compensation for days when official board duties are performed. The act also allows a board to adjust compensation for inflation after January 1, 2022.(Note: This summary applies to this bill as enacted.)
Colorado courts follow the common law rule that, generally, only a parent or guardian has the right to claim pre-majority economic damages of a minor for which another person is liable. The bill abolishes the common law rule and permits a minor to bring a claim to recover damages for the minor's pre-majority economic loss. A minor or a parent may not be awarded damages for any economic loss that have been awarded to another person. Under existing law, the statute of limitations for civil claims against health care institutions and health care professionals is 2 years, with certain exceptions. The exceptions to the 2-year limitation include claims brought by or on behalf of a minor who is under 8 years old and claims brought by or on behalf of a person under disability. The bill makes any exemption to the 2-year limitation that would apply to a minor's claim also apply to a claim brought by a person entitled or required to bring a claim to recover damages for a minor's pre-majority economic loss. (Note: This summary applies to this bill as introduced.)
The bill prohibits a foreign-influenced corporation from making an electioneering communication or a regular biennial school electioneering communication. The bill also expands the group of persons and entities currently prohibited from expending money on an independent expenditure in connection with an election in the state to include a foreign-influenced corporation. An independent expenditure committee is prohibited from knowingly accepting a donation from any foreign-influenced corporation. The bill prohibits an independent expenditure committee from knowingly accepting a contribution, donation, or transfer from a covered organization if all or part of the contribution, donation, or transfer includes money received by the independent expenditure committee from a foreign-influenced corporation. The bill prohibits any person from using funds from a foreign-influenced corporation to make either an electioneering communication or a regular biennial school electioneering communication. A for-profit corporation that is authorized to make a contribution or donation is required to affirm in writing under penalty of perjury that it is not a foreign-influenced corporation before it makes any permissible contributions or donations. The bill prohibits any person from accepting a permissible contribution or donation from a nonprofit corporation unless the written affirmation is provided before the contribution or donation is received by the recipient. The recipient of the contribution or donation is required to retain the written affirmation for not less than one year following the date of the end of the election cycle during which the contribution or donation is received. An affirmation statement is not required if the for-profit corporation has previously provided a statement to the recipient in the 3-month period prior to the date on which it makes the permissible contribution or donation. The bill defines the terms "foreign-influenced corporation", "foreign owner", and "widely held diversified fund". (Note: This summary applies to this bill as introduced.)