Sen. Pete Lee

The bill extends the repeal date of the innovative industries workforce development program for 5 years, until July 1, 2025. The bill also appropriates $900,000 from the general fund to the division of employment and training in the department of labor and employment to be used for program reimbursements during the fiscal year beginning July 1, 2020.(Note: This summary applies to this bill as introduced.)

In 2019, the general assembly authorized the division of youth services to expand a pilot program to implement therapeutic group treatment by adding an additional pilot program. Rather than expanding to 2 separate programs, the bill extends the term of the existing program and requires a final evaluation of the pilot program. (Note: This summary applies to this bill as introduced.)

Under current law, it is a class 1 felony if a person commits or attempts to commit certain specified felonies and the death of a person, other than one of the participants, is caused by anyone. The bill: Requires the death be caused by a participant; Repeals certain elements of the affirmative defense; Changes the penalty from a class 1 felony to a class 2 felony; Clarifies that a court shall sentence a defendant to a definite sentence within the aggravated range when the court finds certain aggravating circumstances; and Provides for a defendant to be subject to a mandatory sentence as a crime of violence if the fact finder makes specific findings of fact.(Note: This summary applies to this bill as introduced.)

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 act allows an active member of the armed forces of the United States or a veteran of the armed forces of the United States, or a dependent of the member or veteran, to be eligible for in-state tuition status at a community college, regardless of whether the person satisfies Colorado domicile or residency status. (Note: This summary applies to this bill as enacted.)

Under current law, it is unlawful for a person to make available on the internet personal information of a law enforcement official (official) or child abuse or neglect caseworker (caseworker), or the official's or caseworker's family if the dissemination of the personal information poses an imminent and serious threat to the official's or caseworker's safety or the safety of his or her family. The act replaces the definition of "caseworker" in statute with a new definition of "human services worker" to include state and county employees, including county attorneys and contractors who are engaged in duties relating to the following matters and who have contact with the public regarding these duties: Investigating allegations of child abuse or neglect pursuant to article 3 of title 19; Investigating allegations of mistreatment of an at-risk adult pursuant to article 3.1 of title 26; Establishing, modifying, and enforcing child support orders pursuant to article 13 of title 26; and Determining eligibility for or investigating fraud in public programs established in article 2 of title 26. "Human services worker" also includes employees of juvenile detention facilities who have contact with juveniles. (Note: This summary applies to this bill as enacted.)

The act clarifies that the term "student publication" can mean a publication in written, broadcast, or online format. A student advisor may encourage expression consistent with high standards of English and journalism. The act also adds a provision to protect public school employees from any form of retaliation resulting solely from the employee's actions to protect a student's rights of free expression or refusing to infringe on student conduct that is protected by the Colorado student free expression law or by the first amendment to the United States constitution. (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 provides a statutory procedure for the ratification or validation of corporate actions that may not have been properly authorized and for shares that may not have been properly issued. The statutory ratification procedure supplements common-law ratification and is available only when the board of directors specifies the nature of the defective authorization. Prompt judicial review and validation of the ratification process is available when a listed person claims to be substantially and adversely affected by the ratification. (Note: This summary applies to this bill as enacted.)

The act recodifies statutory provisions governing the department of law (department), especially by replacing outmoded language with updated terms and usage. The act repeals outmoded language regarding internal divisions within the department, specifies the powers and duties of the attorney general, enumerates internal divisions of the department, updates the statutory provision authorizing the appointment of the chief deputy attorney general, and addresses the appointment and qualifications of the solicitor general. The act updates statutory provisions governing the victims' services coordinator. It updates statutory provisions governing money received by the attorney general. It also specifies that any money received by the attorney general belonging to the state or received by the attorney general in his or her official capacity must be paid as soon as practicable to the department of the treasury. Moreover, generally, the attorney general has such legal duties in regard to the activities of the state and its various departments, boards, commissions, bureaus, and agencies as are imposed by law. The act specifies requirements pertaining to the legal services the attorney general provides to state agencies and clarifies that nothing in the act is to be construed as affecting, limiting, or supplanting the common law authority of the attorney general or the department. The act specifies requirements governing the provision of identification cards to retired peace officers. The act addresses legal representation of the state auditor and specifies that the duty of providing legal representation or otherwise rendering legal services to the state auditor in connection with the auditor's performance of his or her functions and duties is shared between the office of legislative legal services and the attorney general. The act also repeals existing outmoded sections of law. (Note: This summary applies to this bill as enacted.)