Rep. Monica Duran

Under current law, all persons have the right to bail pending disposition of charges, with certain exceptions, including an exception for persons charged with capital offenses. The act adds an exception for murder in the first degree when proof is evident or presumption is great. Under current law, in capital cases, each side is entitled to 10 peremptory juror challenges, and if there is more than one defendant, each side is entitled to an additional 3 peremptory challenges for every defendant after the first. The act applies that existing law to cases in which a defendant is charged with murder in the first degree. The act takes effect only if House Concurrent Resolution 24-1002 is approved by the people at the general election to be held November 2024. APPROVED by Governor April 29, 2024 EFFECTIVE Date of the official declaration of the vote thereon by the governor.(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.)

Under current law, aggravated cruelty to animals is a class 4 felony. The act specifies that a person commits the offense of aggravated cruelty to animals if the person knowingly kills or causes serious bodily injury resulting in death to a law enforcement animal whether the of a law enforcement animal is on duty or not. The act creates an affirmative defense stating that a person is justified in using physical force upon a law enforcement animal to defend their own person or a third person when the person reasonably believes that a law enforcement animal is an application of unreasonable or excessive force. The act requires an on-duty peace officer to intervene to prevent or stop another peace officer who is the handler of a law enforcement animal from allowing the law enforcement animal from using the degree of excessive physical force permitted by law while carrying out the peace officer's duties. A peace officer who witnesses the use of excessive force by a law enforcement animal, as permitted by the animal's handler, must report the excessive force to the officer's or handler's supervisor. The act specifies situations in which a licensed veterinarian or a person who owns or is charged with the care of a law enforcement animal has immunity from liability when it is necessary to euthanize or provide immediate veterinary care to a law enforcement animal. APPROVED by Governor April 17, 2024 EFFECTIVE April 17, 2024(Note: This summary applies to this bill as enacted.)

The Colorado constitution prohibits the general assembly from enacting law that is retrospective in its operation. The concurrent resolution amends the Colorado constitution to authorize the general assembly to pass a retrospective law that permits a victim of sexual abuse that occurred while the victim was a minor to bring a civil claim for the sexual abuse. The concurrent resolution permits the general assembly to waive governmental immunity, by a law that is retrospective in its operation, for a child sexual abuse civil claim.(Note: This summary applies to this concurrent resolution as introduced.)

The constitution guarantees all persons the right to bail pending disposition of charges, with exceptions for capital offenses and crimes of violence under certain circumstances. The concurrent resolution amends the Colorado constitution to add an exception for the offense of murder in the first degree when proof is evident or presumption is great. (Note: This summary applies to this concurrent resolution as adopted.)