Rep. Matt Soper

The bill creates the outdoor recreation industry office in the office of economic development. The director of the outdoor recreation industry office is designated by and reports to the director of the office of economic development. The outdoor recreation industry office serves as a central coordinator of outdoor recreation industry matters. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill authorizes human remains to be converted to soil using a container that accelerates the process of biological decomposition, also known as "natural reduction". The bill prohibits the following when done in the course of business: Selling or offering to sell the soil; Commingling the soil of more than one person without the consent of the person with the right of final disposition unless the soil is abandoned; Commingling the human remains of more than one person within the container wherein natural reduction produces soil; Using the soil to grow food for human consumption. Current law has a provision that governs the disposal of abandoned cremated remains. The soil from natural reduction is added to this provision, with an option to return the soil to the earth in a respectful manner. Current law has various provisions that deal with burial, cremation, interment, and entombment. In connection with authorizing natural reduction, the bill replaces these terms with the phrase "final disposition", which term is defined to include natural reduction. The following types of provisions are updated to reflect the option to use natural reduction: Life insurance statutes; Preneed funeral insurance contracts; The "Mortuary Science Code"; Funeral picketing statutes; Litigation damages; The "Colorado Probate Code"; The "Disposition of Last Remains Act"; The "Revised Uniform Anatomical Gift Act"; Missing person reports for unidentified human remains; Public peace and order statutes; Vital statistics statutes; The "Colorado Public Assistance Act"; and Firefighter pension plans. Natural reduction is added to the statutes that regulate funeral establishments, and this addition will result in the regulation of the natural reduction process. But the definitions of "cremation" and "mortuary science practitioner" are amended so that a practitioner of natural reduction is not regulated as a cremationist or mortuary science practitioner. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Under the children's habilitation residential program, the bill authorizes the state board of medical services to adopt rules to implement changes proposed in a waiver amendment or renewal submitted to the federal department of health and human services so long as the rules are not effective until the effective date of the approval of the waiver amendment or renewal. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill requires each district attorney's office to maintain a central record that tracks each case in which a jailhouse witness is endorsed by the state to testify against a suspect or defendant's interest. Each district attorney's office shall send the information to the Colorado district attorneys' council, which shall maintain a statewide record of the information division of criminal justice in the department of public safety on a monthly basis to be maintained in a centralized statewide record that is available to district attorneys throughout the state . The information is not subject to open records requests. A district attorney shall disclose all jailhouse witnesses who have been endorsed by the state and specified information pursuant to rule 16 of the Colorado rules of criminal procedure. In a criminal prosecution for homicide or sexual assault in which the state intends to introduce the testimony of a jailhouse witness, upon a motion of the defendant, the court shall conduct a pre-trial hearing to determine whether the jailhouse witness's testimony is admissible based upon specified factors. Unless the district attorney shows by a preponderance of the evidence that the jailhouse witness's testimony is reliable based on the specified factors, the court shall not allow the testimony to be heard at trial. If a jailhouse witness's testimony is admitted into evidence, the court shall may instruct the jurors to consider specific factors when assessing the jailhouse witness's testimony. If a jailhouse witness receives leniency related to a pending charge, a conviction, or a sentence for a crime against a victim, in connection with offering or providing testimony against a suspect or defendant, the prosecutor shall notify the victim. The bill appropriates $16,860 from the general fund to the department of public safety which is reappropriated to the office of information technology for information technology services to implement the act. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill requires the judicial department to publish opinions of the Colorado supreme court and the Colorado court of appeals online. The opinions must be published online in a searchable format and be made available free of charge. Colorado supreme court and court of appeals opinions that are not published pursuant to state law or court rules are exempt from the online publishing requirement. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill states that generally evidence relating to the discovery of, knowledge about, or potential disclosure of the victim's actual or perceived gender, gender identity, gender expression, or sexual orientation, including under circumstances in which the victim made an unwanted nonforcible romantic or sexual advance toward the defendant, or if the defendant and victim are or have been involved in an intimate relationship is irrelevant in a criminal case and does not constitute sudden heat of passion in a criminal case. The bill creates a protective hearing if a party claims that such evidence is relevant and wants to use it in a criminal case. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The act changes the penalty for abuse of a corpse to a class 6 felony. The act states that a defendant may not be convicted of more than one offense for tampering with a deceased human body and abuse of a corpse if the act arises out of a single incident. The statute of limitations for tampering with a deceased human body and abuse of a corpse will commence upon discovery of the criminal act. (Note: This summary applies to this bill as enacted.)

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, 2018, and before November 1, 2019, with the exception of the rules specifically listed in the act. Those specified rules will expire as scheduled in the "State Administrative Procedure Act" on May 15, 2020, on the grounds that the rules either conflict with statute or lack statutory authority. (Note: This summary applies to this bill as enacted.)

The act repeals a prohibition against the state attorney general challenging a business merger or acquisition when the merger or acquisition has been reviewed and not challenged by a federal department, agency, or commission. (Note: This summary applies to this bill as enacted.)

The bill allows a person who has a right, privilege, or immunity secured by the Colorado constitution that is infringed upon to bring a civil action for the violation. The attorney general can also bring an action under the same circumstances. A plaintiff who prevails in the lawsuit is entitled to reasonable attorney fees, and a defendant in an individual suit is entitled to reasonable attorney fees for defending any frivolous claims. Qualified immunity and a defendant's good faith but erroneous belief in the lawfulness of his or her conduct are not defenses to the civil action. The civil action has a two-year statute of limitations. The bill requires a public entity to indemnify its public employees in a claim unless the employee is convicted of a crime related to the claim.(Note: This summary applies to this bill as introduced.)