Rep. Michael Carter

Based on the findings and recommendations of the committee on legal services, the act extends all state agency rules that were adopted or amended on or after November 1, 2023, and before November 1, 2024, with the exception of certain rules of the state board of education, the division of labor standards and statistics in the department of labor and employment, the division of fire prevention and control in the department of public safety, and the state board of nursing in the department of regulatory agencies, as specified in the act. The specified rules will expire as scheduled in the "State Administrative Procedure Act" on May 15, 2025, on the grounds that the rules conflict with statute. (Note: This summary applies to this bill as enacted.)

Current law requires a person or entity that acquires an automated external defibrillator (AED) to develop written plans for the placement, use, and maintenance of the AED (written plans). The act eliminates the requirements that the written plans: Identify personnel authorized to use the AED; and Be reviewed and approved by a licensed physician. The act imposes requirements for cardiac emergency preparedness for public and nonpublic schools. Beginning on or before January 1, 2026, a local education provider shall require each public school that acquires or has acquired an AED to place and maintain the AED in accordance with nationally recognized, evidence-based standards for emergency cardiovascular care, and the governing authority of a nonpublic school shall require each nonpublic school that acquires or has acquired an AED to place and maintain the AED in accordance with the same standards. (Note: This summary applies to this bill as enacted.)

The act expands the veterans mental health services program to provide grants to local nonprofit organizations to establish and expand community behavioral health programs that provide behavioral health services to service members, veterans, and family members of service members and veterans. The act reduces the reappropriated funds appropriation made in the long bill to the department of military and veterans affairs for use by the division of veterans affairs for veterans mental health services by $5,000,000; except that the reduction is not made if: The amount of reappropriated funds made in the long bill to the department of military and veterans affairs for use by the division of veterans affairs for veterans mental health is less than $5,000,000; or The long bill does not include an appropriation to the department of military and veterans affairs for use by the division of veterans affairs for veterans mental health.(Note: This summary applies to this bill as enacted.)

Each school district, board of cooperative services that operates a school, district charter school, and institute charter school (local education provider) is required to establish written policies for the acquisition, retention, display, and use of library resources and for the reconsideration of a library resource (policies). A local education provider is required to comply with specified standards in establishing the policies and is required to establish the policies by September 1, 2025. If a local education provider has already established policies that comply with the requirements of the act, the local education provider is not required to establish new policies. A public school library may remove a library resource from its permanent collection only if the library resource has been reviewed in accordance with an established policy for the reconsideration of library resources that complies with the standards established in the act. These requirements do not apply to routine collection maintenance and deaccession in accordance with a public school library's established collection development and maintenance policy. Before a local education provider reconsiders a library resource, the local education provider is required to make its policies available to the public. After reviewing a library resource that is the subject of a request for reconsideration and making a final determination regarding the library resource, the local education provider is required to make the determination available to the public. A written request for reconsideration of a library resource in a public school library is an open record under the "Colorado Open Records Act". A public school library staff member is not subject to termination, demotion, discipline, or retaliation for refusing to remove a library resource before it has been reviewed in accordance with the local education provider's policy for the reconsideration of library resources or for making decisions that the public school library staff member believes, in good faith, are in accordance with the policies of the local education provider. (Note: This summary applies to this bill as enacted.)

The bill makes the penalty classification for criminal attempt to first degree murder under circumstances evidencing an attitude of universal malice manifesting extreme indifference to the value of human life generally: A class 3 felony if serious bodily injury results to any person; A class 4 felony if bodily injury results to any person; and A class 5 felony if no injury results to any person. Under existing law, a person commits the crime of assault in the first degree if, under circumstances manifesting extreme indifference to the value of human life, the person knowingly engages in conduct that creates a grave risk of death to another person and thereby causes serious bodily injury to any person. The bill repeals this offense. (Note: This summary applies to this bill as introduced.)

Under existing law, a person charged with a criminal offense is subject to a criminal protection order, which remains in effect until final disposition of the criminal action. The act: Prescribes what must be included in the standardized form for a criminal protection order; Limits a criminal protection order to orders for the protection of a witness to, or victim of, the acts charged and prohibits a court from including in a criminal protection order an order to enforce a mandated condition of bond or a condition of bond that assists in obtaining the appearance of the defendant in court or ensuring community safety; Requires a court to inform a defendant that a violation of a criminal protection order may constitute a misdemeanor offense of violation of a protection order and that conduct that violates the criminal protection order may constitute a felony offense of intimidating a witness or victim or retaliation against a witness or victim; Only allows a criminal protection order to prohibit possession or consumption of alcohol or controlled substances without a valid prescription when available information supports a sufficient nexus between that restriction and the safety of the alleged victim or witness; except that, in a case involving domestic violence or crimes listed in the "Victim Rights Act", the court may enter an order prohibiting possession or consumption of alcohol or controlled substances without a valid prescription if the court deems it appropriate for the safety of an alleged victim or witness; and Requires a court to review a criminal protection order at the time of sentencing or other resolution of the criminal case. Under existing law, a sentence for violating a protection order runs consecutively with any sentence imposed for the crime that gave rise to the protection order. The act limits this consecutive sentence provision to crimes involving domestic violence or crimes listed in the "Victim Rights Act". The act grants a peace officer discretion to arrest, seek a warrant to arrest, or issue a summons to a restrained person for violating, or attempting to violate, a protection order by possessing or consuming alcohol or controlled substances; violating a term included in the protection order to protect the protected person from imminent danger to life or health in cases that do not involve domestic violence or crimes listed in the "Victim Rights Act"; or failing to timely file a signed affidavit or written statement with the court as required by law. (Note: This summary applies to this bill as enacted.)

The act requires the state board of education to adopt rules that consider a number of factors in determining the amount of money each school participating in the K-5 social and emotional health pilot program will receive in order to carry out the pilot program. (Note: This summary applies to this bill as enacted.)

The bill designates Colorado American Indian Recognition Day as an observed, but not a legal, state holiday. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Provides for the payment of expenses of the executive, legislative, and judicial departments of the state of Colorado, and of its agencies and institutions, for and during the fiscal year beginning July 1, 2025, except as otherwise noted. (Note: This summary applies to this bill as enacted.)

The act creates the electronic discovery in criminal cases task force (task force), which consists of 11 task force members. The purpose of the task force is to study the costs and management of electronic discovery in criminal cases. On or before November 1, 2025, the act requires the task force to submit a report to the joint budget committee and the joint technology committee describing the work of the task force, findings and recommendations regarding the issues and topics considered by the task force, and legislative proposals and expected costs. The act repeals the task force, effective January 1, 2027. (Note: This summary applies to this bill as enacted.)