Under current law, a person is required to register as a sex offender (registrant) in Colorado if he or she is a Colorado resident and is required to register in another state. The bill allows a person to petition the court for an order that discontinues the requirement for registration for offense classifications that would not be required to register for if convicted in Colorado. In addition, a registrant is required to register in person at his or her local law enforcement agency. The bill allows the law enforcement agency to waive the in-person registration requirement after initial registration if the person suffers from a chronic physical or intellectual disability to the extent that it is a severe hardship to register in person and there is a medical record of the disability. If the waiver is authorized, the law enforcement agency must reregister the registrant after verifying the registrant's address and provide documentation of the waiver to the Colorado bureau of investigation and any other law enforcement agency with which the person registers. Under current law, specified registrants can file a petition to discontinue registration. The bill requires the court to grant a petition to discontinue registration if the registrant has successfully completed his or her sentence, the registrant has not been convicted of a subsequent sex offense, and the required waiting period has expired unless the prosecuting attorney or victim objects and presents credible evidence that the registrant is likely to commit a subsequent offense of unlawful sexual behavior. Notwithstanding any statutory barriers to the contrary, the bill allows a registrant or his or her legal representative to file a petition to discontinue registration if the registrant is permanently incapacitated and does not present an unreasonable public safety risk. The court shall grant the petition if the petitioner shows that the registrant is incapacitated, does not present an unreasonable public safety risk, and is not likely to commit a subsequent sex offense. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
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Currently, certain liquor licensees may sell one opened container of partially consumed vinous liquor to a customer if the licensee has meals available for consumption on the licensed premises. The bill expands the requirement to include licensees that makes sandwiches and light snacks available for consumption on the premises. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill creates a voluntary program administered by the department of revenue that authorizes the owner of a motor vehicle to report a transfer of ownership of the motor vehicle. If the previous owner reports the transfer to the department, the previous owner is not subject to liability for the misuse of the vehicle. The department will notify owners of the option to report a transfer of ownership by placing a notice on registration renewal information and the title and by notifying the public. The bill also clarifies that the protection against liability does not apply to the owner for liability arising from the act of selling the vehicle.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Committee on Legal Services. Current law directs the office of legislative legal services to study the organizational recodification of title 12 of the Colorado Revised Statutes, which relates to professions and occupations. One recommendation of the study is to relocate laws located in title 12 that are administered by the department of revenue to a new title 44, which will consist solely of laws administered by the department of revenue that regulate a variety of activities. To implement this recommendation, section 1 of the bill creates title 44 and section 2 relocates article 43.3 of title 12, medical marijuana, to a new article 11 in a new title 44, Colorado Revised Statutes; and section 3 of the bill relocates article 43.4 of title 12, retail marijuana, to a new article 12 in a new title 44, Colorado Revised Statutes. Sections 4 through 28 of the bill make conforming amendments, and section 29 repeals the articles where the law was previously codified.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Committee on Legal Services. Current law directs the office of legislative legal services to study the organizational recodification of title 12 of the Colorado Revised Statutes, which relates to professions and occupations. One recommendation of the study is to relocate laws located in title 12 that are administered by the department of revenue, as well as other isolated laws administered by the department of revenue, to a new title 44, which will consist solely of laws administered by the department of revenue that regulate a variety of activities. To implement this recommendation, section 1 of the bill creates title 44 and section 2 relocates a law that creates the liquor enforcement division and state licensing authority cash fund from title 24 to the new title. Section 3 repeals the relocated law from its current location. Sections 4 and 5 make conforming amendments necessitated by the relocation of the law.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Committee on Legal Services. Current law directs the office of legislative legal services to study the organizational recodification of title 12, which relates to professions and occupations. To implement the initial recommendations of the study, section 1 of the bill relocates article 37.5 of title 12, the 'Colorado Parental Notification Act', to a new part in article 22 of title 13. Section 2 of the bill makes a conforming amendment, and section 3 repeals the part where the law was previously codified. Section 4 of the bill relocates article 26 of title 12, firearms dealers, to a new part in article 12 of title 18. Section 5 of the bill relocates article 26.1 of title 12, gun show background checks, to a new part in article 12 of title 18. Sections 6 and 7 of the bill make conforming amendments, and section 8 repeals the part and article where the laws were previously codified. Section 9 of the bill relocates part 3 of article 55 of title 12, the 'Uniform Unsworn Declarations Act', to a new article in title 13. Section 10 of the bill makes a conforming amendment, and section 11 repeals the part where the law was previously codified.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Committee on Legal Services. This bill enacts the softbound volumes of Colorado Revised Statutes 2017, including the corrected replacement volume consisting of titles 42 and 43, as the positive and statutory law of the state of Colorado and establishes the effective date of said publication.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
On solely a one-time basis within the state, the bill requires a state district court to waive all statutory requirements specified for the approval of a municipal incorporation that are not otherwise met by a petitioner if the petitioner files a request for such waiver with a state district court in accordance with the bill. The bill defines 'petitioner' to mean a natural person or entity that seeks state district court approval of a pilot project in accordance with the bill and defines 'pilot project' to mean a one-time project for approval by a state district court of a municipal incorporation to facilitate the creation of a model for a sustainable community with significant affordable housing. The petitioner commences the process for acquiring a waiver by filing an application with an appropriate state district court. The application must be supported by the formal endorsement in writing of any 2 of the following 3 individuals in office as of the time the application is submitted to the district court: The governor of the state; The president of the state senate; or The speaker of the state house of representatives. This formal endorsement must include a statement from the applicable elected official on his or her official letterhead as to why he or she believes approval of the pilot project is a model for sustainability and affordable housing while also being in the best interests of the people of the state. Once a single waiver has been granted by a state district court under the bill, no additional waivers may be granted for any land area in the state under the bill unless the waiver has been approved by the general assembly by bill including the signature of the governor in accordance with all regular legal procedures and additionally by each of the 3 elected officials in accordance with the requirements of the bill. A petitioner's request for a waiver must be filed with the district court not later than July 31, 2018. Any request for a waiver that is not filed by July 31, 2018, is of no legal force and effect. If the petitioner satisfies all requirements, the district court is required to enter an order finding that the pilot project meets all of the applicable requirements, issuing the requested waiver, and approving the pilot project that is effective as of the date of the order. Upon the entry by a district court of an order issuing the requested waiver and approving the pilot project, the pilot project is designated a town and as of that date possesses all of the rights, powers, and duties delegated to or imposed upon the towns of this state as provided by law, including powers relating to land use, zoning, and related matters. The territorial boundaries of the town are coterminous with the land area of the pilot project as specified in the waiver application. Not less than 90 days after entry of the order, one or more owners of real property located within the territorial boundaries of the town, acting singularly or in combination, as applicable, are required to appoint 5 individuals to serve as the members of a town commission. The commission serves as the governing body of the town, and possesses all of the powers and duties possessed under law by a town council, until such time as the town elects a town council and other elective officers. The term of office of all such commission members is 4 years; except that the term of office of members of the commission may terminate earlier than 4 years upon the election of the town council and other elective officers at which time the commission ceases to exist. An individual need not be a registered elector of the town in order to accept appointment to the commission but any person serving on the commission must be a resident of the state. At such time as the number of residents of the town equals or exceeds 150 natural persons, the commission is required to hold an election for the purpose of electing a town council and other elective officers. To the extent practicable, the election must be conducted in accordance with the applicable provisions of existing law. Upon the election of the town council and other elective officers, the town council becomes the governing body of the town and such council members and other elective officers must perform their duties and responsibilities as provided by law. The bill clarifies that the town possesses the same authority as any other government in the state to cooperate with or enter into an intergovernmental agreement with another government for the provision of any goods or services to assist in the development, management, operation, or administration of the town. The pilot project opportunity is repealed, effective July 1, 2019. (Note: This summary applies to this bill as introduced.) Read More
The bill requires the executive director of the department of local affairs (department), after considering the input from specified interested parties, to establish a form for law enforcement agencies, prosecutors, and multijurisdictional task forces (seizing agencies) to use in submitting to the department biannual reports containing specified information on seizures through which the seizing agencies received proceeds from a forfeiture and the use of the proceeds. Based on the reports, the department is to post on its website a searchable database that includes the information contained in the biannual reports and a summary report of the information. Seizing agencies are required to submit the biannual reports containing information known to the agency by specified dates; except that an agency need not include information if the disclosure of the information could endanger a person or disclose certain confidential information. Seizing agencies are required to pay civil penalties for failure to file or late filing of the reports. The bill directs the executive director of the department to submit an annual report to the governor, the attorney general, and the judiciary committees of the general assembly on seizure and forfeiture activity in the state. The bill prohibits seizing agencies from receiving forfeiture proceeds from the federal government unless the aggregate net equity value of the property and currency seized in the case is in excess of $50,000 and the federal government commences a forfeiture proceeding that relates to a filed criminal case. The bill makes an appropriation. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)