The act creates personal data privacy rights and:Applies to legal entities that conduct business or produce commercial products or services that are intentionally targeted to Colorado residents and that either: Control or process personal data of at least 100,000 consumers per calendar year; or Derive revenue from the sale of personal data and control or process the personal data of at least 25,000 consumers; and Does not apply to certain specified entities including state and local governments and state institutions of higher education, personal data governed by listed state and federal laws, listed activities, and employment records. The act defines a "controller" as a person that, alone or jointly with others, determines the purposes and means of processing personal data. A "processor" means a person that processes personal data on behalf of a controller. Consumers have the right to opt out of a controller's processing of their personal data; access, correct, or delete the data; or obtain from a controller a portable copy of the data.The act:Specifies how controllers must fulfill duties regarding consumers' assertion of their rights, transparency, purpose specification, data minimization, avoiding secondary use, care, avoiding unlawful discrimination, and sensitive data; Requires controllers to conduct a data protection assessment for each of their processing activities involving personal data that present a heightened risk of harm to consumers, such as processing for purposes of targeted advertising, profiling, selling personal data, or processing sensitive data; and Specifies that a violation of its requirements is a deceptive trade practice for purposes of enforcement, but the act may be enforced only by the attorney general or district attorneys. Local governments are preempted from adopting laws that govern the processing of personal data by controllers or processors. The attorney general may promulgate rules to administer the act and is required to adopt rules detailing technical specifications for a universal opt-out mechanism that controllers must use.(Note: This summary applies to this bill as enacted.)
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The act updates certain actions described as sexual exploitation of a child to reflect access and viewing due to evolving technology.The act makes sexual exploitation of a child an extraordinary risk crime, enhancing the presumptive sentencing range in certain circumstances.The act creates the sexual exploitation of children surcharge for any person who is convicted of 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 provide funding to the Colorado bureau of investigation (bureau) to develop and acquire, and allow the bureau to help other law enforcement agencies with developing and acquiring, necessary technological and expert resources to investigate and prosecute computer-facilitated crimes of sexual exploitation of a child.The act requires a post-enactment review of the implementation of the act three years after it becomes law.The act makes an appropriation of $1,894 to the judicial department from the general fund.(Note: This summary applies to this bill as enacted.)
The act creates the peace officer credibility disclosure notification committee (committee), which is required to create a statewide model for peace officer credibility disclosure notifications (statewide model) by December 1, 2021. The statewide model must include policies and procedures that law enforcement agencies and district attorneys' offices are required to adopt and implement on or before January 1, 2022.The statewide model's policies and procedures must include:The circumstances that trigger a law enforcement agency to promptly notify a district attorney if a peace officer's credibility is called into question by a sustained finding; The circumstances that trigger a law enforcement agency's obligation to notify a district attorney when a peace officer's credibility is called into question by a criminal or administrative investigation; A process for district attorneys to follow for receiving credibility disclosure notifications and maintaining a current record of all credibility disclosure notifications; and A process for district attorneys to timely notify a defense attorney or defendant of credibility disclosure notification records (records) and to remove any records when appropriate and lawful. The act requires district attorneys to review the statewide model's policies and procedures at least every 4 years to ensure compliance with controlling federal and state case law, as well as the Colorado rules of criminal procedure. The act also requires a district attorney to make available to the public the adopted policies and procedures on or before February 1, 2022.The act, subject to available appropriations, requires the P.O.S.T. board to create and maintain a database, in a searchable format to be published on its website, containing information related to a peace officer's actions that resulted in a credibility disclosure notification.(Note: This summary applies to this bill as enacted.)
Under current law, it is unlawful for a person to make available on the internet the personal information of certain law enforcement officials or certain human services workers if the dissemination of the personal information poses an imminent and serious threat to the official's or the worker's safety or to the safety of the official's or the worker's immediate family. The act extends the crime to include the following persons:An employee or contractor of the department of corrections who has contact with persons in the custody of the department of corrections; A noncertified deputy sheriff or detention officer who has contact with inmates; An employee or contractor of a community corrections program who has contact with offenders in the program; and Public defenders and alternate defense counsel. The act redefines "law enforcement official" and includes officials covered under that statutory definition within the broader definition of "protected person". Further, the act repeals the crime specific to law enforcement officials and includes those officials within the same crime that is now inclusive of all protected persons.In addition, the act adds all protected persons to the statutory provision that allows protected persons to submit a written request to a state or local government official to remove personal information, as defined in statute, from public records that are available on the internet.(Note: This summary applies to this bill as enacted.)
Veterans who have disabilities may obtain a special license plate without paying taxes or fees for the plate or the vehicle. For additional vehicles, the veteran pays the normal fees plus 2 one-time fees of $25, one of which goes to the highway users tax fund and the other goes to the licensing services cash fund.The act creates a license plate that honors United States women veterans who have disabilities. The requirements and benefits are substantially the same as they are for a disabled veteran license plate.For the 2021-22 state fiscal year, $5,481 is appropriated for use by the division of motor vehicles to implement the act.(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 the COVID-19 public health emergency and to assist them in their efforts to contain the effects of the COVID-19 public health emergency on their communities, residents, and businesses.As part of the federal act, the state will receive $3,828,761,790 from the federal coronavirus state fiscal recovery fund to be used for specific purposes identified in the federal act. This act allocates a total of $15 million to be appropriated for victim's services programs and purposes related to populations that have been disproportionately negatively affected by the COVID-19 public health emergency, including those affected by domestic violence, sexual assault, and violence generally. The money will be appropriated from the economic recovery and relief cash fund using money from the federal coronavirus state fiscal recovery fund. All money appropriated through this act must conform with the eligible uses set forth in the federal act.This act appropriates money to the following entities:The forensic nurse examiner telehealth program; The state and local victims and witnesses assistance and law enforcement funds; The state crime victims compensation program; The address confidentiality program fund; and The Colorado domestic abuse program fund for the funding of domestic violence programs. For the 2021-22 state fiscal year, the act appropriates from the economic recovery and relief cash fund and of money the state receives from the federal coronavirus state fiscal recovery fund:$3,000,000 to the department of public safety for use by the division of criminal justice. for the forensic nurse examiners telehealth program; $1,500,000 to the department of public safety for use by the division of criminal justice for the state victim compensation program; $3,000,000 to the victims and witnesses assistance and law enforcement fund. The judicial department is responsible for the accounting related to this appropriation; $1,500,000 to the victims assistance and law enforcement fund. The department of public safety is responsible for the accounting related to this appropriation. $500,000 to the address confidentiality program fund. The department of personnel is responsible for the accounting related to this appropriation. $4,750,000 to the Colorado domestic abuse program fund. The department of human services is responsible for the accounting related to this appropriation. $750,000 to the judicial department for use by courts administration for family violence justice grants. The act also appropriates, from reappropriated funds in the victims assistance and law enforcement fund, $1,500,000 to the department of public safety for use by the division of criminal justice for the state victims assistance and law enforcement program. The act also appropriates, from reappropriated funds in the Colorado domestic abuse program fund, $4,750,000 to the department of human services for use by the office of self sufficiency for the domestic abuse program.(Note: This summary applies to this bill as enacted.)
Under existing law, a criminal defendant must be brought to trial within 6 months after the date of the entry of a plea of not guilty. However, there are circumstances that exclude a period of time when computing the time within which a defendant must be brought to trial. These exclusions extend the length of time within which the defendant must be brought to trial.The act permits the court to exclude a period of delay caused by the COVID-19 pandemic, not to exceed 6 months if the defendant is not in custody for the case pending a jury trial or not to exceed 3 months if the defendant is in custody for the case pending a jury trial, if certain considerations are satisfied. The court may grant only one continuance due to a period of delay caused by the COVID-19 pandemic.The judicial department shall collect, report, and publish data concerning each continuance granted because of the COVID-19 pandemic.The act requires the court that orders an exclusion of a period of delay caused by the COVID-19 pandemic to reconsider bond for an eligible defendant in custody awaiting trial.A court shall not grant a continuance based on a delay caused by the COVID-19 pandemic on or after 5:01 p.m. on April 29, 2022.(Note: This summary applies to this bill as enacted.)
The act enacts the "Audiology and Speech-language Pathology Interstate Compact", which allows audiologists and speech-language pathologists licensed in any compact state to provide:Audiology or speech-language pathology services in each member state under a privilege to practice; and Telehealth services in each member state under a privilege to practice. To obtain a privilege to practice, an audiologist or speech-language pathologist must obtain a fingerprint-based criminal history record check, which is then considered in determining the applicant's qualifications to practice under the compact. The act authorizes the director of the division of professions and occupations in the department of regulatory agencies to promulgate rules and to facilitate Colorado's participation in the compact, including notification to the compact commission of any adverse action taken by the director against a Colorado audiologist or speech-language pathologist.The act makes the following appropriations:$151,440 and 0.3 FTE to the department of regulatory agencies from the division of professions and occupations cash fund, which includes $15,425 for personal services, $19,000 for operating expenses, $17,014 to purchase legal services from the department of law, and $100,000 to purchase information technology services from the governor's office; $17,014 and 0.1 FTE to the department of law from reappropriated funds from the department of regulatory agencies; $100,000 and 0.1 FTE to the office of the governor for use by the office of information technology from reappropriated funds from the department of regulatory agencies; and $140,676 and 0.8 FTE to the department of public safety for use by the Colorado bureau of investigation from the Colorado bureau of investigation identification unit cash fund.(Note: This summary applies to this bill as enacted.)
The act continues the forest health advisory council for 5 years, until 2026.(Note: This summary applies to this bill as enacted.)
The act makes it unlawful for a person to make available on the internet the personal information of a public health worker if the dissemination of the personal information poses an imminent and serious threat to the public health worker's safety or the safety of the public health worker's family. "Public health worker" is defined in the act to include contractors or employees of contractors of the department of public health and environment or of county or district public health agencies, who are engaged in public health duties, and members of county or district boards of health, other than elected county commissioners. A violation of this law is a class 1 misdemeanor.Further, a public health worker meeting certain requirements specified in statute may submit a written request to a state or local government official to remove personal information from public records that are available on the internet.(Note: This summary applies to this bill as enacted.)