The bill requires the real estate commission to promulgate rules requiring that certain commission-approved forms closing-statement form s require notification to buyers or tenants as to whether a real estate transaction is based upon uses a land survey plat or an improvement location certificate. Current law forbids designating or construing an improvement location certificate as being a land survey plat or improvement survey plat. The bill clarifies that a real estate documents and forms shall not designate or construe such a certificate commission-approved closing-statement form is not designated or construed as being a land or improvement survey plat. (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.)
Sponsored bills
The act implements the recommendation of the department of regulatory agencies' sunset review and report concerning the committee on juvenile justice reform by repealing the committee. The act requires the committee to complete all its tasks before the repeal of the committee on December 31, 2022. (Note: This summary applies to this bill as enacted.)
The act specifies that motor vehicle investigators and criminal tax enforcement special agents are peace officers and must be certified by the peace officers standards and training (P.O.S.T.) board. Under current law, a group seeking peace officer status for a specific position prepares a proposal for the P.O.S.T. board's review, and, after performing an analysis and hearing, the P.O.S.T. board submits a report to the group seeking peace officer status and to the judiciary committees of the house of representatives and the senate. The group seeking peace officer status may request legislation during each of the 2 regular legislative sessions that immediately succeed the date of its proposal without having to comply again with certain procedural requirements. The act exempts the department of revenue from the requirement to present legislation seeking peace officer status for motor vehicle investigators and criminal tax enforcement special agents within the 2 regular legislative sessions that immediately succeed the date of its proposal without having to comply again with certain procedural requirements. (Note: This summary applies to this bill as enacted.)
The act modifies the "Public Benefit Corporation Act of Colorado" as follows: Eliminates the requirement for approval of two-thirds of the outstanding shares to convert an existing corporation to a public benefit corporation (PBC) or an existing PBC into a non-PBC, thereby defaulting to the majority vote requirement applicable to other corporate conversions; Eliminates the application of appraisal rights for shareholders objecting to the conversion of a non-PBC to a PBC; Clarifies that a director's ownership of stock in a PBC does not inherently create a conflict of interest and specifies that, absent a conflict of interest, a director does not act in bad faith and does not breach a duty of loyalty if the director, in directing the business of the PBC, fails to satisfy a requirement to balance shareholder pecuniary interests, the best interests of those materially affected by the action, and the specific public benefit of the PBC; and Clarifies the requirements for actions to enforce the requirements imposed on directors to balance the interests of shareholders, those materially affected by the corporate action, and the public benefit of the PBC.(Note: This summary applies to this bill as enacted.)
The bill allows courts and opposing counsel to raise objections to the use of peremptory challenges with the potential to be based on racial or ethnic bias in criminal cases. The bill provides a list of presumptively invalid reasons for peremptory challenges. Presumptively invalid reasons include: Having prior contact with law enforcement officers; Expressing distrust of law enforcement officers or a belief that law enforcement officers engage in racial profiling; Having a close relationship with an individual who has been stopped, arrested, or convicted of a crime; Residing in certain neighborhoods; Having a child outside of marriage; Receiving state benefits; or Speaking English as a second language. The bill requires appellate courts to hear peremptory challenge cases de novo and review a trial court's factual findings for substantial evidence. (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 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.)
Under current law, adults and juveniles can file motions for relief from collateral consequences. The act states that a motion can be filed related to convictions retroactively.The act allows the state public defender and the office of alternate defense counsel to apply for grants and accept gifts and donations for the purposes of representing defendants in record sealing proceedings. The state public defender and the office of the alternate defense counsel shall not accept a gift, grant, or donation if the gift, grant, or donation is conditioned on its use for sealing records for a specific identified individual or individuals. The state public defender and the office of the alternate defense counsel shall report on the receipt and expenditure of gifts, grants, and donations at its SMART act hearing.The act creates an automatic sealing process for arrest records when no criminal charges are filed. For arrest records on or after January 1, 2022, the Colorado bureau of investigation (CBI) shall seal arrest records in its custody and control after a year has passed without the filing of criminal charges. For arrest records before January 1, 2022, CBI shall seal arrest records for:Felonies with a 3-year statute of limitations if 3 years have passed since the date of arrest without the filing of charges; and Misdemeanors, traffic misdemeanors, petty offenses, or municipal violations with an 18-month statute of limitations or less if 18 months have passed since the date of arrest without the filing of charges. Felony arrest records with a statute of limitations of longer than 3 years or with no statute of limitations are not eligible for automatic sealing. The department of education can still access and use records sealed under these provisions.The act creates a process for a person with multiple conviction records that are eligible for sealing due to an intervening conviction to petition the court in a civil proceeding to have the records sealed. The district attorney has an opportunity to object, and if the district attorney objects, the court sets the matter for hearing to determine whether to seal the records.The act allows a person who receives a full and unconditional pardon to have his or her conviction record sealed.The act creates a process to automatically seal drug convictions. The state court administrator (administrator) shall compile a list of drug convictions eligible for sealing under current law, and seal the record:If the drug conviction is for a petty offense or misdemeanor, and at least 7 years have passed since the disposition of the case; or If the drug conviction is for a felony, and at least 10 years have passed since the disposition of the case. After the administrator compiles the list, the administrator shall send the list to the CBI for review and the bureau shall remove any convictions in which the identity of the defendant is unverifiable or convictions in which the defendant had another conviction during the waiting period. The bureau shall send its list to each district attorney in the state. The district attorney shall remove any convictions in which a condition of a plea was that the defendant agreed to not have the case sealed and convictions in which the defendant has pending criminal charges. Each district attorney shall send its amended list to the administrator. The administrator shall compile each of the lists into one list and sort the convictions by judicial district.The district attorney shall send the list to the chief judge for the judicial district and the courts of that judicial district shall enter sealing orders based on the list received.The administrator shall develop a website that allows defendants to confidentially determine whether the defendant's conviction has been sealed and information about how to receive a copy of the sealing order.The act appropriates from the general fund $300,605 to the judicial department to implement the act. The act appropriates $39,815 from the general fund to the department of public safety for the biometric identification unit.(Note: This summary applies to this bill as enacted.)