The act extends to December 31, 2025, the time in which the department of agriculture may implement wild horse population management pursuant to Senate Bill 23-275, concerning managing wild horses. APPROVED by Governor March 22, 2024 EFFECTIVE March 22, 2024(Note: This summary applies to this bill as enacted.)
Under current law, the knowing possession of any material, compound, mixture, or preparation that weighs more than one gram and not more than 4 grams and contains any quantity of fentanyl, carfentanil, benzimidazole opiate, or an analog thereof, is a level 4 drug felony; except that, if a defendant shows supporting evidence to establish that the defendant made a reasonable mistake of fact and did not know that the controlled substance contained fentanyl, carfentanil, benzimidazole opiate, or an analog thereof, the matter must be submitted to the finder of fact in the form of interrogatory included in the verdict form. If the finder of fact determines the defendant made a reasonable mistake of fact, the defendant commits a level 1 drug misdemeanor. The bill eliminates this provision. Under current law, the knowing possession of any material, compound, mixture, or preparation that weighs not more than one gram and contains any quantity of fentanyl, carfentanil, benzimidazole opiate, or an analog thereof, is a level 1 drug misdemeanor; except that a fourth or subsequent offense is a level 4 drug felony. The bill eliminates this provision. Effective July 1, 2024, the bill makes the possession of any material, compound, mixture, or preparation that contains any quantity of fentanyl, carfentanil, benzimidazole opiate, or an analog thereof, a level 4 drug felony. (Note: This summary applies to this bill as introduced.)
The bill permits a court to order a person to complete a medical evaluation if the court suspects a substance use disorder contributed to the behavior giving rise to an offense for which the person was charged. The medical evaluation must determine if the person would benefit from a medically guided treatment plan for a substance use disorder (treatment plan). If the court receives a recommendation following the medical evaluation that the person would benefit from a treatment plan, the court may order the person to participate in a treatment plan as a condition of bond. The person's treatment provider shall submit a report to the court within 2 business days after each scheduled appointment that is part of the person's treatment plan to indicate whether the person is in compliance with the treatment plan. The bill requires a person ordered to participate in a treatment plan to waive any patient privilege necessary for a doctor or treatment provider to report to the court. The bill prohibits the court from ordering a person required to participate in a treatment plan as a condition of bond to submit to drug or alcohol monitoring other than monitoring required by the treatment plan unless the monitoring is expressly required or permitted pursuant to any other state law. (Note: This summary applies to this bill as introduced.)
Under existing law, an offender convicted of certain violent offenses is eligible for parole after the person has served 75% of the sentence imposed upon the offender, less earned time granted by the department of corrections. The bill requires an offender sentenced for second degree murder; first degree assault; first degree kidnapping, unless the first degree kidnapping is a class 1 felony; sexual assault; first degree arson; first degree burglary; or aggravated robbery committed on or after July 1, 2024, to serve at least 85% of the imposed sentence before the offender is eligible for parole. The bill requires an offender sentenced for the enumerated crimes committed on or after July 1, 2024, to serve 100% of the sentence imposed if the person has twice previously been convicted of a crime of violence.(Note: This summary applies to this bill as introduced.)
Section 2 of the bill, for property tax year 2023, reduces the valuation for assessment to 25% for lodging property and non-residential property that is not lodging, agricultural, or renewable energy production property, producing mines, or lands or leaseholds producing oil and gas. Additionally, the valuation of assessment for lodging property and improved commercial property is 25% of an amount equal to the actual value minus the lesser of $60,000 or the amount that reduces the valuation for assessment to $1,000. Sections 3 and 4 , for property tax year 2023, reduce the valuation for assessment for multi-family residential real property and residential real property that is not multi-family to 6.5% of the amount equal to the actual value of such property minus the lesser of $80,000 or the amount that causes the valuation for assessment of the property to be $1,000. Section 5 makes a conforming amendment. Sections 6 and 7 modify the backfill mechanism established by Senate Bill 22-238 to offset reductions in local governmental entities' property tax revenue in order to require the backfill to be paid with unrestricted money in the general fund, including money that would otherwise have been required to be retained as a reserve to the unrestricted general fund year-end balance for the state fiscal year 2022-23. Additionally, the process established by Senate Bill 22-238 requires that the state treasurer issue a warrant to county treasurers for disbursement to local governmental entities no later than April 15, 2024. Section 6 also allows the warrant to be expedited if a county treasurer completes the reporting requirements regarding property tax revenue lost to local governmental entities on or before February 15, 2024. Section 8 creates the property tax task force (task force). The task force consists of both members of the general assembly and individuals who are not members of the general assembly. The purpose of the task force is to develop a permanent and sustainable tax structure for the state of Colorado. The task force is required to: Convene by December 1, 2023; Meet as many times as necessary in 2023; and Submit a report by December 31, 2023 to the finance committees of the house of representatives and the senate. After the task force makes its report the task force is disbanded. Sections 9, 10, and 11 , for the income tax year commencing on January 1, 2023, reduce both the individual and the corporate state income tax rates from 4.40% to 4% and exempt the rate reductions from the existing statutory requirements that tax expenditure legislation include a tax preference performance statement in a statutory legislative declaration. Sections 12, 15, 16, 17, 18, and 19 delay several property tax deadlines for the 2023 property tax year. Sections 13 and 14 modify provisions in the "Local Government Budget Law of Colorado" for the 2024 fiscal year to account for impacts on a local government's budget due to changes to the assessed valuation of property within the local government's boundaries pursuant to the bill. Section 22 waives the accrual of interest on delinquent property tax payments for the first payment of property taxes for the 2023 property tax year if a payment is made within 10 days after the mailing by the county treasurer of the property taxpayer's tax statement or notification of an electronic statement.(Note: This summary applies to this bill as introduced.)
The act establishes the office of the judicial discipline ombudsman (office) as an independent office in the judicial department that is operated pursuant to a memorandum of understanding between the office and the judicial department. The judicial discipline ombudsman (ombudsman) is the director of the office. The act establishes the judicial discipline ombudsman selection board (board) to be made up of 5 board members who must be appointed not later than January 1, 2024. The duties and responsibilities of the board include: Overseeing personnel decisions of the ombudsman, which include appointing a person to serve as the ombudsman, filling a vacancy in the ombudsman position, evaluating the ombudsman's performance, and developing a complaint process concerning the ombudsman's performance; Overseeing and advising the ombudsman on the strategic direction of the office and its mission; Working cooperatively with the ombudsman to provide fiscal oversight of the general operating budget of the office; Ensuring compliance with the provisions of the act, the memorandum of understanding, and state and federal laws; Promoting the mission of the office; and Providing assistance to the ombudsman when requested. The powers and duties of the ombudsman include: Creating and maintaining an anonymous reporting system for complainants to submit complaints; Helping complainants understand their rights and options in reporting and filing a complaint with the commission on judicial discipline (commission) and other appropriate authorities; Providing complainants with necessary referrals for additional support services and care if needed or requested; Reporting appropriate cases to the commission, the office of attorney regulation counsel, law enforcement, and the judicial department; Serving in an advisory capacity to the commission and the judicial department on rule-making; Ensuring accountability and consistency in the operating policies and procedures of the office; and Serving as a liaison for communications between a complainant and the commission or the judicial department. The act requires that, to be appointed, the ombudsman must have prior experience serving as an ombudsman; have a deep understanding of and expertise in organizational culture and diversity, equity, and inclusion; have professional experience working with human resources; and possess the ability to act in a nonpartisan manner. The act requires all communications and information disclosed to the ombudsman by a complainant to be kept confidential unless the complainant gives the ombudsman permission to disclose the information. Disclosed information and records are not discoverable if the information and records are received during and within the scope of the ombudsman's duties and responsibilities. The act requires the ombudsman to disclose a complaint that alleges judicial misconduct and to keep the identity of the complainant confidential unless the complainant gives permission to disclose the complainant's identity. The records related to complaints received by the office are not subject to the "Colorado Open Records Act". The ombudsman is exempt from mandatory reporting rules, statutes, and policies, and may only report an incident made known to the ombudsman by a complainant if the complainant consents to the disclosure. The act authorizes the office to promulgate rules necessary to implement the requirements of the act and to ensure confidentiality of disclosures made to the office by complainants. The act appropriates $100,543 from the general fund to the judicial department to purchase legal services from the department of law. APPROVED by Governor June 7, 2023 EFFECTIVE June 7, 2023 (Note: This summary applies to this bill as enacted.)
