Under current law, a court must inquire at the defendant's first appearance whether the defendant is a veteran. If the jurisdiction does not have a veterans treatment court, the act requires the court to inform a veteran defendant of the possibility of petitioning to transfer the case to a jurisdiction with a veterans treatment court.The act allows a veteran defendant or defendant who is currently serving in the U.S. armed forces and who is suffering from a diagnosable mental health condition that is related to the veteran's military service to petition the court to transfer the supervision of any post disposition of the case to a jurisdiction with a veterans treatment court if the jurisdiction of trial does not have a veterans treatment court and the district attorney and any victim in a victim's rights case consent to the petition. The petition must include the jurisdiction that the defendant is seeking to have the case transferred to and a description of the services or supports the defendant is seeking to access from the veterans treatment court in that jurisdiction. After receiving a petition, the court must consult with the judge administering the veterans treatment court and the district attorney of the hosting jurisdiction. The court may grant the petition to transfer the supervision of probation in the case if the veterans treatment court and the district attorney in the hosting jurisdiction consent to the transfer and that jurisdiction has the current ability to provide the resources and support necessary to responsibly accept the transfer. If the host jurisdiction files a motion for revocation of the veterans treatment court program probation, the host jurisdiction shall conduct the revocation hearing. If probation is revoked, the host jurisdiction shall refer the matter to the original jurisdiction for resentencing.(Note: This summary applies to this bill as enacted.)
Sponsored bills
The act enacts part 5 of the Uniform Trust Code, including a number of Colorado-specific amendments. The act addresses the validity of spendthrift provisions and the rights of creditors, both of the settlor and beneficiaries, to reach a trust to collect a debt. The act provides certain exceptions that allow children for whom an order or judgment for child support has been entered to reach a trust in order to satisfy the child support order or judgment.(Note: This summary applies to this bill as enacted.)
The act allows a winery that holds a manufacturer's or limited winery license to maintain licensed premises comprising up to 2 noncontiguous locations within a 10-mile radius. The department of revenue must approve an application for the use of a proposed noncontiguous location if the alcohol and tobacco tax and trade bureau of the United States department of the treasury has approved the description and diagram of the premises at that location, subject to proof of compliance with local codes and zoning requirements. Application and renewal fees are to be established by rule, subject to a limit of $500 per location.Any additional noncontiguous locations that fall outside the approved boundaries of an entertainment district or a common consumption area are excluded from that district or area, and any noncontiguous location that is to be used as a sales room is subject to individual approval for use as a sales room. Only one sales room may be located at a noncontiguous location.To implement the act, $13,247 is appropriated from the liquor enforcement division and state licensing authority cash fund to the department of revenue for use by the liquor and tobacco enforcement division.(Note: This summary applies to this bill as enacted.)
The act enacts the "Uniform Collaborative Law Act". The act authorizes a collaborative law process for proceedings arising under family or domestic relations law whereby disputes are resolved without intervention by a court or other tribunal. The act specifies the requirements for a collaborative law participation agreement, including that both sides be represented and advised by collaborative law lawyers, and that communications made during the collaborative law process are confidential and may not be used in later proceedings except in specified situations.(Note: This summary applies to this bill as enacted.)
The act repeals the "Uniform Principal and Income Act" and replaces it with the "Uniform Fiduciary Income and Principal Act" (UFIPA), as drafted by the Uniform Law Commission, with Colorado-specific amendments.The UFIPA includes provisions concerning:Duties of fiduciaries; Judicial review of fiduciaries; Trusts in which the beneficiary receives a periodic payout of a percentage of the net value of trust assets, known as "unitrusts"; Allocation of trust receipts and disbursements; and Procedures followed at the termination of a trust or an income interest in a trust.(Note: This summary applies to this bill as enacted.)
The act makes conforming amendments and includes a cleanup of the main definition section for title 19, Colorado Revised Statutes, to reflect changes made through the reorganization of article 2 of title 19, Colorado Revised Statutes.(Note: This summary applies to this bill as enacted.)
The act makes the following changes to the local government and special district election codes:Revises statutory citations to clarify that the Colorado local government election code is the portion of the election code applicable to special district elections; Provides additional statutory citations to specify all instances in which a county assessor provides a list of property owners for an election; Clarifies that, when computing time for any designated period of days for a local government election, the first day from which the period of days runs is excluded and the last day from which the period of days runs is included; Specifies that the candidate self-nomination form for special district elections must contain the county where the special district is located; Clarifies that a candidate's and witness's respective addresses and telephone numbers and a candidate's current e-mail address need to be provided but do not need to be printed by the candidate and witness on the self-nomination form for special district elections; Clarifies the procedures for reviewing and verifying a self-nomination form and curing any insufficiencies; and Clarifies that local government ballots may be automatically sent to eligible electors who are qualified under contracts to purchase taxable property. The board of directors of a special district currently consists of 5 or 7 directors elected at large. The act provides a process for dividing a special district into separate director districts and for members to be elected from each director district at large or by the electors within each director district.(Note: This summary applies to this bill as enacted.)
A crime victim is entitled to compensation under the "Colorado Crime Victim Compensation Act" if, in part, the victim cooperates with law enforcement officials. The act clarifies that a victim of strangulation satisfies the cooperation requirement by undergoing a medical forensic examination.(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, 2019, and before November 1, 2020, with the exception of certain rules of the following agencies, as specifically listed in the act:The state board of education concerning administration of the public school transportation fund; The air quality control commission concerning stationary source permitting and air pollutant emission notice requirements; and A number of boards and commissions within the department of regulatory agencies concerning rules implementing H.B. 20-1326 and S.B. 20-102. Those specified rules will expire as scheduled in the "State Administrative Procedure Act" on May 15, 2021, 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 declares the intention of the general assembly to reverse the holding and decision in the Colorado supreme court's (court) January 13, 2020, opinion in In re: The Parental Responsibilities Concerning W.C. The act gives the court continuing jurisdiction during the pendency of an appeal:Under article 10 of title 14, to modify a decree respecting child support or maintenance; to make or modify an order granting or denying parenting time rights; and to modify an order allocating decision-making responsibilities; Under the "Uniform Child-custody Jurisdiction and Enforcement Act", to exercise temporary emergency jurisdiction; Under the "Uniform Child Abduction Prevention Act", to modify an order concerning the allocation of parental rights and responsibilities; and Under the "Uniform Parentage Act", to modify an order for child support or for allocation of parental rights and responsibilities.(Note: This summary applies to this bill as enacted.)