Under current law, if a consumer consents to an automatic renewal contract for a good or service through an online medium, the person that sells the good or service may provide the consumer with an opportunity to cancel the automatic renewal contract either online or in person. The act changes this provision to state that the person that sells the good or service is required to provide the consumer with an opportunity to cancel the automatic renewal contract online if the consumer consented to the automatic renewal contract through an online medium. If the consumer consented to the automatic renewal contract through other means, the person is required to provide the consumer with an online cancellation link or an in-person mechanism for canceling the automatic renewal contract. The person that sells the good or service may display a discounted offer, a retention benefit, or information regarding the effects of cancellation if the person simultaneously displays a direct link to cancel the automatic renewal contract. The attorney general may adopt rules to implement and enforce the act. (Note: This summary applies to this bill as enacted.)
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In current law, the sentencing structure for theft, except for auto theft, is based on the value of the item stolen. The act exempts theft of firearms from that sentencing structure and makes theft of a firearm a class 6 felony, regardless of the firearm's value. The act appropriates $324,225 from the general fund to the judicial department to implement the act. (Note: This summary applies to this bill as enacted.)
The act requires the division of criminal justice in the department of public safety (division) to establish an automated protection order notification system (notification system) to provide a protected person, a protected person's immediate family, and other interested persons (registered users) with information related to a criminal or civil protection order. The notification system must disseminate specific information to registered users in English and Spanish through a telephone call, email, text message, or mobile phone application. The act authorizes the division to contract with a third-party entity to provide the functionality for the notification system. A public entity is immune from liability in any civil action based on its release of information or failure to release information related to the notification system. The act prohibits the division from establishing or operating the notification system until the division receives sufficient money to establish and operate the notification system for at least one year from gifts, grants, or donations, including federal funds, or money appropriated to the division from the Colorado crime victim services fund. (Note: This summary applies to this bill as enacted.)
The act creates a specific criminal offense related to wrongfully interfering with a transit worker and adds it to the criminal harassment statute, as well as making the offense subject to the victim rights act. The act eliminates similar criminal conduct from the regional transportation district (district) statutory scheme. Further, a law enforcement agency may grant money received from the peace officer training and support fund to the district for training, equipment, and other purposes deemed necessary to ensure the safety of employees and patrons of the district. (Note: This summary applies to this bill as enacted.)
The act defines "knowing misconduct" as a voluntary act or omission or series of acts or omissions consciously performed by a crime laboratory employee (employee) as a result of effort or determination in which the employee is aware that the employee's conduct is improper or deceptive and involves mishandling physical evidence or data or results, incorrectly performing forensic testing, presenting misleading or false results, concealing material information, or presenting false sworn testimony about evidence. The act defines a "significant event" as an act or omission by an employee that is a gross deviation from the standard operation procedures or accreditation requirements of the crime laboratory, or requirements in law that were applicable at the time of the act or omission of the employee, that could substantially negatively affect the integrity of the crime laboratory activities. The act requires an employee to report witnessed or discovered knowing misconduct or a significant event (collectively, "wrongful action") within 7 days of witnessing or discovering the wrongful action to the director of the crime laboratory (director) or to the employee's immediate supervisor, who shall report it to the director. A director who receives a report shall investigate the alleged wrongful action. As part of the investigation, the director must compile a list of all cases that the employee worked on. At the conclusion of the investigation, the director shall prepare a written final report. When an investigation is of alleged wrongful action in a pending case, the director shall notify each district attorney who has jurisdiction over the pending case about the investigation. At the conclusion of the investigation, if the investigation determines that the employee did not engage in wrongful action, the director shall deliver the final report to each district attorney who received notice of the investigation and to each district attorney who has jurisdiction over any case that was subject to investigation. If the investigation determines that the employee engaged in wrongful action, the director shall deliver the final report and all discoverable materials to each district attorney who has jurisdiction over any case that the employee worked on in an official capacity. If an investigation concerning wrongful action by a crime laboratory occurred after July 1, 2014, and before July 1, 2025, and the investigation resulted in criminal allegations filed against the employee or a sustained internal affairs action by the department supervising the employee, the director shall, as soon as practicable but no later than September 1, 2025, prepare a final report and provide the final report to all district attorneys with jurisdiction over any criminal case that is identified in the final report that is pending or has resulted in a conviction in that jurisdiction. Upon receipt of a notice from a director about an investigation into alleged wrongful action in a pending case, a district attorney shall notify the defendant in the case of the investigation. If the case involved a crime listed in the "Victim Rights Act", the district attorney shall also notify the victim about the alleged wrongful action, if the charges have been filed but the trial has not begun. A district attorney who receives a final report of an investigation that determines that a crime laboratory employee engaged in wrongful action in any case shall notify the defendant in that case, and each defendant whose case was reviewed as part of the investigation, of the determination of wrongful action. The act establishes a defendant's right to counsel in matters involving an employee's wrongful action and a right to investigate the wrongful action, to request discovery related to the wrongful action, and to seek post-conviction relief based on the wrongful action. The act permits a court to enter a protective order related to discovery requests. The act establishes a process for a defendant convicted in a case involving an employee's wrongful action to petition for post-conviction relief based on the wrongful action. If the defendant's petition for post-conviction relief asserts facts that, if true, demonstrate that a wrongful action was material to the case, the court shall decide the claim upon the merits after an evidentiary hearing. At the evidentiary hearing, the defendant has the burden to show that the employee committed the wrongful action and that the wrongful action is material to the case. If the defendant meets their burden, the court shall vacate the defendant's conviction and grant a new trial. The act makes all records related to an investigation criminal justice records and makes release of the records governed by the existing law governing criminal justice records; except that the custodian of a final report that concludes that a crime laboratory employee engaged in wrongful action may deny inspection of the report if there is an ongoing criminal investigation or criminal case. The act appropriates $140,433 from the general fund to the judicial department for use by the state courts. (Note: This summary applies to this bill as enacted.)
The act establishes a process for a person to voluntarily waive the right to purchase a firearm (voluntary waiver). The Colorado bureau of investigation (bureau) in the department of public safety (department) shall deny a firearm transfer to the person while the voluntary waiver is in effect. The bureau shall develop an online portal (portal) for a person to electronically file for a voluntary waiver, update contact information, and revoke a voluntary waiver. The bureau is required to verify the filer's identity before accepting a voluntary waiver or revocation. The bureau shall enter a voluntary waiver into the national instant criminal background check system and any other federal or state computer-based systems used to identify prohibited purchasers of firearms. A person may revoke the voluntary waiver by filing for revocation with the bureau. The waiver remains in effect for 30 days after the bureau accepts the revocation. A person filing the voluntary waiver form may provide the name and contact information of a person who will be contacted if the person attempts to purchase a firearm while the voluntary waiver is in effect or if the filer revokes the voluntary waiver. The act prohibits a person from attempting to purchase a firearm while subject to a voluntary waiver. Attempting to purchase a firearm while subject to a voluntary waiver is a civil infraction, punishable by a maximum $25 fine. The voluntary waiver process and the prohibition on attempting to purchase a firearm while subject to a voluntary waiver are contingent on the department receiving $200,000 of gifts, grants, or donations to develop and operate the portal. The act permits the department to seek, accept, and expend gifts, grants, or donations for the portal. (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.)
In addition to individuals who may already request that their address included in certain records be kept confidential (address confidentiality) under certain circumstances, the act allows an individual or the spouse of an individual who is or has been a peace officer, firefighter, volunteer firefighter, emergency medical service provider, or emergency communications specialist (first responder) to also request address confidentiality for voter registration records that are in the custody of a county clerk and recorder or in the centralized statewide registration system maintained by the secretary of state (secretary) and financial disclosures that certain public officials are required to file with the secretary. A first responder may request address confidentiality with the county clerk and recorder of the county where the first responder who is making the request for address confidentiality resides. The secretary is required to approve the application form for a request for address confidentiality. Each county clerk and recorder is required to make the address confidentiality request application forms available in their office, provide the address confidentiality request application forms to interested persons by United States mail, email delivery, or facsimile transmission, and to process applications for address confidentiality without imposing a processing fee or any other charge. The custodian of any records specified in the act that concern a first responder who has requested address confidentiality is required to deny, with limited exceptions, the right of inspection of the first responder's address contained in the records on the ground that disclosure would be contrary to the public interest. (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 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.)