Sen. Bob Gardner

Under current law, driving under restraint is a misdemeanor punishable by up to 6 months in jail and up to a $500 fine. The bill decreases the penalty to a class A traffic infraction if the basis of the restraint is an outstanding judgment. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill enacts the 'Interstate Physical Therapy Licensure Compact Act' that allows physical therapists and physical therapist assistants licensed or certified in a compact member state to obtain a license or certificate to practice physical therapy in Colorado. The bill authorizes the physical therapy board to obtain fingerprints from applicants for a license or certification for the purposes of a fingerprint-based criminal history record check. The compact requires that the physical therapy board participate in the compact's data system and notify the compact commission of any adverse action taken by the board. Physical therapists and physical therapy assistants are subject to the requirements of the 'Michael Skolnik Medical Transparency Act of 2010'. $12,386 is appropriated to the department of regulatory agencies for use by the division of professions and occupations for implementation of the bill. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill authorizes the operation of a marijuana membership club (club) only if the local jurisdiction has authorized clubs. A club must meet the following qualifications: All members and employees of the club must be 21 years of age or older; The club's employees must be Colorado residents; The club cannot sell or serve alcohol; The club cannot be a retail food establishment; A club owner shall not sell marijuana on the premises; and A club owner shall not permit the sale or exchange of marijuana for remuneration on the premises. The bill prohibits the open and public consumption of marijuana and defines the terms 'open and public', 'openly', and 'publicly'. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Members of the general assembly currently receive an annual salary of $30,000. For terms commencing on or after 2019, current law provides that the salary will be an amount equal to 25% of the total annual salary paid to the judges of the county court in a Class B county. For terms commencing on or after 2019 but prior to 2025, the bill establishes the salary for members of the general assembly at 25% of the amount of the total annual salary paid to judges of the county court in a Class B county as established in the 2016 long bill. (The 2016 long bill established the judges' salary at $152,466. Twenty-five percent of this amount would be $38,116.) Starting in 2025, the director of research of the legislative council would adjust this salary amount for inflation from 2019 through 2025, and then adjust the amount again every 2 years thereafter. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Committee on Legal Services. Current law directs the office of legislative legal services to study the organizational recodification of title 12, Colorado Revised Statutes, which relates to professions and occupations. To implement the initial recommendations of the study, section 1 of the bill relocates article 5 of title 12, attorneys-at-law, to a new article 93 in title 13, Colorado Revised Statutes. Sections 2 to 9 of the bill make conforming amendments and section 10 repeals the article where the law was previously codified.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill states that upon a court order, the department of human services (DHS) may transfer to the department of corrections (DOC) an individual who is at least 18 years of age and committed to the custody of the division of youth corrections within the DHS if: The individual is convicted of possession of contraband in the first degree when the contraband at issue is a deadly weapon; any crime of violence; first-, second-, or third-degree assault; or any offense for the possession or distribution of a controlled substance; and The DHS has certified that the individual is no longer benefitting from its programs or is unfit or unsafe for continued placement in a juvenile facility. Upon entering an order for such a transfer, the court shall issue a mittimus transferring all further jurisdiction over the individual to the DOC. Thereafter, the individual shall serve the unserved portion of his or her juvenile sentence as if he or she had been sentenced as an adult offender for such unserved portion. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Currently, under the Colorado rules of civil procedure, a party may file a motion and affidavit to disqualify a judge for specified reasons. The bill establishes a process for an automatic interlocutory appeal if the motion: Is supported by an affidavit stating facts establishing grounds for disqualification; and Is filed within 21 days after the assignment of the judge or the appearance of a party giving rise to the basis for disqualification. For the interlocutory appeal of an order denying the motion, a petition for review must be filed within 7 days after the order. The bill directs the Colorado supreme court to promulgate rules concerning the interlocutory appeal. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

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. To implement the initial recommendations of the study: Section 1 of the bill relocates article 44.5 of title 12, which imposes requirements and penalties pertaining to the sale or offering for sale of authentic Indian and other arts and crafts, to a new part 2 in article 15 of title 6 of the Colorado Revised Statutes, governing consumer and commercial affairs; Section 6 of the bill repeals the article in its previous location in title 12; and Sections 2 through 5 make conforming amendments.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill makes various amendments to statutes concerning the rights of crime victims, including the following: The definition of 'crime' is amended to include: Failure to stop at the scene of an accident that results in serious bodily injury of another person; Violation of a protection order issued against a person charged with stalking; and Posting a private image for harassment or for pecuniary gain. The definition of 'critical stages' is amended to include any full parole board review hearing. The definition of 'modification of sentence' is amended to include a resentencing following a probation revocation hearing or a request for early termination of probation. The bill creates a victim's right: To be heard at any court proceeding at which the court considers a request for progression from a person accused or convicted of a crime against the victim and who is in the custody of the state mental health hospital. 'Progression' includes off-grounds supervised or unsupervised privileges, community placement, conditional release, unconditional discharge, or a special furlough. To be informed of the results of a probation or parole revocation hearing; and To be informed of the governor's decision to commute or pardon a person convicted of a crime against the victim before such information is publicly disclosed. The bill requires a district attorney's office, if practicable, to inform a victim of any pending motion to sequester the victim from a critical stage in the case. Unless a victim requests otherwise, the district attorney shall inform each victim of the right to receive information from the state mental health hospital concerning the custody and release of a person convicted of a crime against the victim and ordered by a court into the hospital's care, including how the victim may request notification from the hospital. Upon the written request of a victim, the Colorado mental health institute at Pueblo or the Colorado mental health institute at Fort Logan shall notify the victim of certain information regarding any person who was charged with or convicted of a crime against the victim. The bill requires the juvenile parole board to report additional information concerning juvenile parole hearings. The court shall inform the probation department before any hearing regarding any request by a probationer for early termination of probation or any change in the terms and conditions of probation. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

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. To implement the initial recommendations of the study: Section 1 of the bill relocates parts 1 and 2 of article 34 of title 12 of the Colorado Revised Statutes related to anatomical gift and unclaimed human bodies to new parts 2 and 3 of article 19 of title 15, Colorado Revised Statutes; Sections 2 through 20 of the bill make conforming amendments; and Section 21 repeals article 34 of title 12, Colorado Revised Statutes.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)