The act implements some of the recommendations of the department of regulatory agencies (department) regarding the motorcycle operator training (MOST) program, as contained in the department's sunset review of the MOST program, as follows: Lowers the required minimum age to be a MOST instructor from 21 to 18 years of age; and To align with the placement of the MOST program within the Colorado state patrol rather than the department of transportation, clarifies that a MOST vendor must meet standards promulgated by the Colorado state patrol rather than by the department of transportation. The act also makes the following changes to the MOST program that were not included in the department's sunset review: Continues the MOST program in the office of the chief of the state patrol in the department of public safety (chief) for 5 years, until September 1, 2030; and Allows the chief to expend money from the MOST fund for a tuition benefit paid to MOST vendors to be passed on to eligible students in the form of reduced costs for eligible courses, as established by the chief by rule.(Note: This summary applies to this bill as enacted.)
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Under existing law, a person convicted of certain prior offenses may be adjudged a habitual criminal and subject to enhanced sentencing. The act requires a jury, in a habitual proceeding that is separate from the trial of the charged substantive offense and for the purpose of determining whether the defendant is a habitual criminal, to determine whether the defendant has been previously convicted as alleged, whether the convictions were separately brought and tried, and whether the convictions arose out of separate and distinct criminal episodes. The habitual proceeding must be conducted before the same jury impaneled to try the substantive offense; except that, when necessary and as constitutionally permissible, a new jury may be impaneled. If a new jury is impaneled, the court shall hold the habitual proceeding as soon as practicable. The act repeals the process for a judge to try the issue of whether a person is a habitual offender when the prosecuting attorney learns of a prior felony conviction after a guilty verdict but prior to the person being sentenced. The act appropriates $17,500 from the general fund to the judicial department for court costs, jury costs, court-appointed counsel, and reimbursements for vacated convictions. (Note: This summary applies to this bill as enacted.)
The act establishes a procedure allowing a federal firearms licensee (licensee) to request a firearm serial number check prior to purchasing a firearm from an individual and requires a local county sheriff's office or police department to complete the serial number check within 3 days after the request. The firearm serial number check must include information regarding whether the firearm is stolen, lost, or is involved in an open criminal investigation. If a licensee is located within incorporated city limits, they must request the firearms serial number check from the police department within its city limits. If a licensee is located in an unincorporated part of the county, they must request a firearms serial number check from the sheriff's department of the county in which it is located. A police department or sheriff's office may charge a reasonable fee to complete the firearm serial number check. The act also allows a licensee to perform a firearm serial number search themself if the federal government allows the licensee access to the federal government's firearm tracing program. The licensee is still subject to the reporting requirements if the licensee performs the firearm serial number search themself. The act imposes a penalty on a licensee if the licensee fails to file a report with law enforcement when the licensee reasonably believes, knows or should know, or becomes aware that a person sold or attempted to sell a firearm that is stolen, lost, or involved in an open criminal investigation. (Note: This summary applies to this bill as enacted.)
Current law states that a person who commits careless driving and thereby causes the death of an individual commits a class 1 misdemeanor traffic offense. The act expands current law to include careless driving resulting in serious bodily injury and states that if a person commits careless driving and thereby causes the serious bodily injury or death of more than one individual, each individual injure or killed is a separate violation. The act also clarifies that careless driving resulting in serious bodily injury or death is an included crime for the purposes of the "Victim Rights Act". (Note: This summary applies to this bill as enacted.)
The act requires the office of gun violence prevention (office) in the department of public health and environment (department) to post the office's gun violence prevention materials (materials) in an accessible manner on the office's website for school districts, boards of cooperative services, district charter schools, institute charter schools, and the Colorado school for the deaf and the blind (local education providers) to access and distribute to parents, guardians, and legal custodians of elementary or secondary school students. The act requires each local education provider to: Provide the materials in a written or electronic format to students' parents, guardians, and legal custodians at the beginning of each school year; and Post the materials or a link to the materials on the local education provider's website. Beginning in January 2026, and in January every year thereafter, the department shall include in its "SMART Act" hearing information concerning the materials. (Note: This summary applies to this bill as enacted.)
The sunset law requires that new advisory committees and task forces be repealed and undergo a review before the repeal. The act changes the towing task force's scheduled repeal from September 1, 2025, to September 1, 2035. (Note: This summary applies to this bill as enacted.)
The act continues the just transition advisory committee (advisory committee) until September 1, 2030. Prior to its repeal, the department of regulatory agencies will conduct a sunset review of the advisory committee. The act requires the just transition office in the department of labor and employment (office) to consult with the advisory committee on issues related to the impact of facility closures and job layoffs in coal-related industries in a manner that best ensures continued economic stability and prosperity for impacted workers and communities during and after the transition away from coal as an economic driver. The office is also directed to develop and implement plans to maximize the economic stability and prosperity of coal workers and communities. When the general assembly created the advisory committee in 2019, the advisory committee was required to develop a draft just transition plan (plan) before July 1, 2020. The act repeals obsolete references to the development of the plan and requires the director of the office to update the plan as needed. The act increases the number of coal transition workers appointed to the advisory committee from 3 to 5 and requires that at least one advisory committee member works at a coal mine and at least one member works at an electric utility. (Note: This summary applies to this bill as enacted.)
The act requires the following regarding the application for a license to practice medicine in Colorado (application) and the questionnaire accompanying the form for a license renewal (questionnaire): The Colorado medical board (board) must consider the recommendations of the Federation of State Medical Boards and the requirements of the federal "Americans with Disabilities Act of 1990" when developing the application questions; The application and questionnaire must not require the disclosure of personal medical or health information that is not relevant to the applicant's ability to provide safe, competent, and ethical patient care at the time of application; The application and questionnaire must not include questions seeking information about past health-related conditions that do not impact an applicant's ability to practice safe, competent, and ethical patient care at the time of application; and The board shall include information in the application about the board's peer health assistance program, the applicant's ability to self-refer to the peer health assistance program at any time, and the applicant's ability to self-refer in lieu of disclosure to the board. The act clarifies that an individual subject to the licensing requirements of the "Colorado Medical Practice Act" is not required to disclose a physical illness, physical condition, behavioral health disorder, mental health disorder, or substance use disorder that no longer impacts the individual's ability to practice the applicable health-care profession or occupation with reasonable skill and safety to patients or clients. Current law requires that if a health-care professional has a physical illness, physical condition, or behavioral or mental health disorder that renders the person unable to practice the applicable health-care profession or occupation with reasonable skill and safety to patients or clients, the licensee, registrant, or certificate holder shall notify the regulator that regulates the person's profession or occupation of the physical illness, physical condition, or behavioral or mental health disorder. The act requires that a health-care professional must additionally provide notice of a substance use disorder and specifies that the health-care professional is required only to provide notice of a current physical illness, physical condition, behavioral health disorder, mental health disorder, or substance use disorder. (Note: This summary applies to this bill as enacted.)
Current law allows a person who is committed, imprisoned, or arrested (person in custody) the right to communicate with an attorney or family member by making a reasonable number of telephone calls or through any other reasonable manner. The act adds the attorney's authorized representative to those whom a person in custody can communicate with. Current law allows a person in custody the right to consult with an attorney. The act requires a peace officer or person employed at a place of confinement to provide an attorney or the attorney's authorized representative the ability to initiate communication with a person in custody through telephone calls, interactive audiovisual conferencing, or any other reasonable method of electronic communication, as determined by the jail or correctional facility administration. The communication must be private, unrecorded, and without cost to the confined person and attorney or the attorney's representative, subject to all reasonable administrative and operational procedures. (Note: This summary applies to this bill as enacted.)
Law enforcement is required to report to the peace officers standards and training board (P.O.S.T. board) certain information related to peace officer conduct for inclusion in a searchable database. The act requires the head of the law enforcement agency providing the report to certify the accuracy of the information in the report. When certain peace officer conduct is reported, the peace officer is entitled to a show cause hearing. Upon request of the P.O.S.T. board, the agency providing the report shall provide the P.O.S.T. board with all documents relevant to the discipline for which the peace officer was placed in the database. If a law enforcement agency refuses to provide the records, the P.O.S.T. board may subpoena the records. If the court grants the subpoena, the court may order the law enforcement agency to pay the P.O.S.T. board's attorney fees, costs, and fees related to the subpoena. The act prohibits the P.O.S.T. board from including information in the database if the information is received from an agency that does not employ or has not employed the subject of the information. If an agency fails to report the information, the agency is subject to a fine. A peace officer who is included in the searchable database can appeal the officer's inclusion in the database. When a peace officer is added to the database, the P.O.S.T. board shall provide the officer with information on its website about how to appeal that action. The act requires the peace officer's disciplining law enforcement agency to provide the P.O.S.T. board with all documents relevant to the discipline for which the officer was placed in the database. If a law enforcement agency refuses to provide the records, the P.O.S.T. board may subpoena the records. If the court grants the subpoena, the court may order the law enforcement agency to pay the P.O.S.T. board's attorney fees, costs, and fees related to the subpoena. The act gives the P.O.S.T. board the authority to remove entries from the database that are in error. Under current law, the P.O.S.T. board shall permanently revoke a peace officer's certification and record that information in the database if the officer is found civilly liable for the use of unlawful physical force or is found civilly liable for failure to intervene in the use of unlawful force and the incident resulted in serious bodily injury or death to another person. The act gives the P.O.S.T. board the discretion to permanently revoke a peace officer's certification in those cases. If a law enforcement agency is investigating a peace officer for an incident that could result in a database report, the law enforcement agency shall inform the peace officer of the agency's duty to report that information and the consequences of the reporting. The act prohibits a law enforcement agency from agreeing to a settlement with a peace officer that includes the agency agreeing to not report the information to the database. Current law requires a law enforcement agency to provide a peace officer's personnel records, when they receive a waiver for the records, to another law enforcement agency that is considering employing the peace officer. The act requires a law enforcement agency or governmental agency that submits the waiver to another agency and does not receive the records to report that fact to the P.O.S.T. board. The P.O.S.T. board may contact the agency, and if the agency does not provide the disclosure within 6 calendar days, the P.O.S.T. board shall not provide the agency with P.O.S.T. board funding for a period of one year and the agency may be subject to fines. The act allows a person to maintain their P.O.S.T. certification if they are not working as a peace officer but are working for a law enforcement agency in a non-peace-officer role and they maintain the annual P.O.S.T. board training requirements. In 2024, the general assembly provided temporary peace officer status to administrators of judicial security. The act makes the status permanent. (Note: This summary applies to this bill as enacted.)