The act describes how property passes when a decedent dies without a will (intestate) and the estate or any part of the estate does not pass to a surviving spouse or designated beneficiary pursuant to existing law. In that situation, the portion of the estate passing through intestate succession is distributed as follows: If the decedent is survived by one or more descendants, the portion of the estate passes to the decedent's surviving descendants per capita at each generation; If the decedent is not survived by a descendant but is survived by one or more parents, the portion of the estate is divided into as many equal shares as there are surviving parents and deceased parents with one or more descendants. One share passes to each surviving parent, and the balance passes per capita at each generation to the surviving descendants of the decedent's deceased parents. If the decedent is not survived by a descendant or parent but is survived by one or more descendants of a parent, the portion of the estate passes per capita at each generation to the surviving descendants of the decedent's deceased parents; or If a decedent is not survived by a descendant, parent, or descendant of a parent but is survived by one or more grandparents, the portion of the estate is divided into as many equal shares as there are surviving grandparents and deceased grandparents with one or more surviving descendants. One share passes to each surviving grandparent, and the balance passes per capita at each generation to the surviving descendants of the decedent's deceased grandparents. The act clarifies how the estate passes to surviving descendants of a deceased parent or grandparent. The act replaces outdated terminology in the "Colorado Probate Code" with modern language, including replacing gender-specific language. (Note: This summary applies to this bill as enacted.)
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Under current law, sexual assault can be committed by means of sexual intrusion or penetration when the actor causes submission of the victim by means sufficient to cause submission against the victim's will. The act changes that element to when the actor causes sexual intrusion or sexual penetration knowing the victim does not consent. (Note: This summary applies to this bill as enacted.)
The bill creates a requirement that any bill that imposes a new fee, authorizes the imposition of a new fee, increases an existing fee, or authorizes the increase of an existing fee be approved by a two-thirds vote of all members elected to each house of the general assembly to become law. The two-thirds vote requirement applies only to the vote on final passage of such a bill in each house of the general assembly. The bill defines a "fee" as a charge that is levied to defray the cost of the particular government service provided to those charged and not levied for the purpose of raising any revenue for a general public purpose. (Note: This summary applies to this bill as introduced.)
The act authorizes the director of the division of professions and occupations to enter the premises of registered funeral establishments and crematories during business hours to conduct inspections. The director may contract with a third party to perform the inspection. (Note: This summary applies to this bill as enacted.)
The act expands the ways that intimidating a witness may be committed by stating that the threat or act that constitutes intimidation can be directed at a person the perpetrator believes may have information relevant to a criminal investigation or a person the perpetrator believes may be able to exert influence upon a witness or victim. The act also adds that the crime of intimidating a witness can be committed by intentionally attempting to influence, or actually influencing, a witness, victim, or any other person with knowledge of relevant information to withhold information from, or provide false information to, law enforcement, a defense attorney, or defense investigator. (Note: This summary applies to this bill as enacted.)
The bill allows a holder of a vintner's restaurant license to sell and deliver wine by common carrier or by the licensee to a personal consumer located in Colorado if certain conditions are met. (Note: This summary applies to this bill as introduced.)
The act directs the committee on legal services (committee) to adopt its own rules of procedure. The act authorizes the committee to approve questions concerning retention of legal counsel by poll of the committee in lieu of a meeting, unless a committee member objects. If the committee approves retention of counsel by poll, the committee must give public notice of the vote to retain counsel, including the name of the legal counsel to be retained, the legal matter for which the legal counsel will provide representation, and the entity or individual that the legal counsel will represent. (Note: This summary applies to this bill as enacted.)
The bill allows individuals who are required to receive an immunization for any purpose to claim an exemption from the requirement if the: Immunization has not been approved by the federal food and drug administration (FDA); Immunization has only received emergency use authorization; Immunization manufacturer is not liable for injury or death caused by the immunization; or Pivotal clinical trial the FDA relied on to approve the immunization did not evaluate the immunization's safety, for at least one year after the immunization was first administered, against a control group. The bill requires the department of public health and environment to post on its website: The criteria that must be met for an individual to claim an exemption from an immunization requirement; and For each immunization required: The injuries or diseases caused by the immunization and the rate at which each injury or disease occurs; and Whether the risk of permanent disability or death from the required immunization has been proven to be less than the risk of permanent disability or death from the infection or disease the immunization is intended to prevent.(Note: This summary applies to this bill as introduced.)
The act enacts the softbound volumes of the Colorado Revised Statutes 2021 as the positive and statutory law of the state of Colorado and establishes the effective date of said publication. (Note: This summary applies to this bill as enacted.)
Current law prohibits a court from releasing a person on an unsecured personal recognizance bond without consent of the district attorney or unless the court imposes certain additional individualized conditions of release if the person is presently free on another bond of any kind in another criminal action involving a felony or a class 1 misdemeanor, has a record of conviction of a class 1 misdemeanor within 2 years or a felony within 5 years, has willfully failed to appear on bond in any case involving a felony or a class 1 misdemeanor charge in the preceding 5 years (collectively, persons accused of repeat or violent offenses). The bill removes the provisions regarding district attorney consent and additional conditions of release and prohibits a court from releasing a person accused of repeat or violent offenses on any unsecured personal recognizance bond. The bill adds to persons accused of repeat or violent offenses a person who is accused of committing a crime of violence and the court finds probable cause to believe that the person has committed the offense. Existing law requires any monetary condition of pre-trial release to be reasonable. The bill clarifies that for a person accused of repeat or violent offenses, a reasonable monetary condition is at least $7,500. (Note: This summary applies to this bill as introduced.)