The act codifies the Colorado access to justice commission (commission). The governor, legislative leadership, supreme court of Colorado, and Colorado legal organizations appoint the 17- to 20-member commission, and the Colorado supreme court justice liaison, the executive director of Colorado legal services, the executive director of the legal aid foundation of Colorado, and a representative of the Colorado attorney general serve as ex officio nonvoting members of the commission. The act directs the commission to make recommendations regarding legislative and regulatory changes that could help improve access to justice for all Coloradans, and allows the commission to hire staff. The act creates the Colorado access to justice commission cash fund. The commission is authorized to receive gifts, grants, and donations to fund the commission's duties. APPROVED by Governor June 2, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
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Current law criminalizes auto theft as "aggravated motor vehicle theft in the first degree" and "aggravated motor vehicle theft in the second degree." The penalties for both aggravated motor vehicle thefts are based on the value of the vehicle or vehicles stolen. The act changes the term "aggravated motor vehicle theft" to "motor vehicle theft," changes the elements for motor vehicle theft in the first degree and second degree, and creates the offense of motor vehicle theft in the third degree. The penalties for motor vehicle theft are no longer based on the value of the vehicle or vehicles stolen. The act makes motor vehicle theft in the first degree a class 3 felony, motor vehicle theft in the second degree a class 4 felony, and motor vehicle theft in the third degree a class 5 felony. The act creates the offense "unauthorized use of a motor vehicle" and makes it a class 1 misdemeanor, or a class 5 felony for a second or subsequent offense. For the 2023-24 state fiscal year, $24,409 is appropriated from the Colorado DRIVES vehicle services account in the highway users tax fund to the division of motor vehicles in the department of revenue for DRIVES maintenance and support. APPROVED by Governor June 2, 2023 EFFECTIVE July 1, 2023 (Note: This summary applies to this bill as enacted.)
The act increases monetary penalties for cruelty and aggravated cruelty to service animals, certified police working dogs, and police working horses. APPROVED by Governor June 2, 2023 EFFECTIVE June 2, 2023 (Note: This summary applies to this bill as enacted.)
The automobile theft prevention board (board) awards grants to eligible entities for programs for theft prevention, enforcement, prosecution, or offender rehabilitation. The act specifies that the board may also award grants for programs to support victims of automobile theft and technology enhancement. Money in the auto theft prevention cash fund (fund) is annually appropriated to the department of public safety (department) to implement the automobile theft prevention grant program. The fund consists of gifts, grants, and donations and any money credited to the fund from the collection of fees paid by certain automobile insurers to support the automobile theft prevention authority. The act specifies that the fund also consists of any money that the general assembly may appropriate or transfer to the fund. The act requires the state treasurer to transfer $5 million from the general fund to the fund on July 1, 2023, to be used for the following purposes: Implementing a statewide program to increase awareness of automobile theft; Implementing programs to support victims of automobile theft; Additional overtime for law enforcement agencies; Implementing a dedicated automobile theft prosecution program; Enhancing and upgrading the automobile theft tracking and reporting system; or Any other direct or indirect costs associated with the implementation of the automobile theft prevention grant program. APPROVED by Governor June 2, 2023 EFFECTIVE June 2, 2023 (Note: This summary applies to this bill as enacted.)
The act reclassifies various criminal offenses that are currently a felony to a different felony or misdemeanor level. The act changes the elements of some crimes to align with the new sentencing classifications. The act appropriates $32,170 from the general fund to the judicial department for probation programs and services and for capital outlay. APPROVED by Governor June 1, 2023 EFFECTIVE October 1, 2023 (Note: This summary applies to this bill as enacted.)
To improve the clarity and certainty of the statutes, the bill amends, repeals, and reconstructs various statutory provisions of law that are obsolete, imperfect, or inoperative. The specific reasons for each amendment or repeal are set forth in the appendix to the bill. The amendments made by the bill are not intended to change the meaning or intent of the statutes, as amended. APPROVED by Governor June 1, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. Section 97 takes effect only if House Bill 23-1225 becomes law and takes effect on the effective date of this act or House Bill 23-1225, whichever is later. House Bill 23-1225 took effect May 10, 2023. (Note: This summary applies to this bill as enacted.)
Current law requires the court to sentence a person convicted of 2 or more separate crimes of violence arising out of the same incident so that the person's sentences are served consecutively rather than concurrently. For offenses committed on or after July 1, 2023, the act allows a person to petition the court for a modification of the consecutive sentences imposed after at least 2 calendar years but no more than 5 calendar years after the final judgment of conviction or sentence is entered. The court may modify the terms of the sentence if the court finds substantial mitigating factors surrounding the case and if the person has demonstrated substantial actions toward rehabilitation as evidenced by engagement in positive programming; assigned work; treatment, when available; and behavior that is compliant with the rules of the facility or facilities where the person is or was placed. The act allows the court to sentence the defendant to concurrent sentences for 2 or more crimes of violence arising from the same incident when: The parties agreed to waive ineligibility for concurrent sentences; or The following factors are proven by a preponderance of the evidence by the defendant or stipulated by the parties at the sentencing hearing: The defendant has no prior felony convictions for a victim rights offense; and The defendant did not use or possess a firearm or explosive in the commission of the offense or threaten the use of a firearm or explosive during the commission of the offense; and The defendant's action did not result in serious bodily injury or death. For offenses committed on or after July 1, 2023, a defendant convicted and sentenced as an habitual offender who has been sentenced to 24 years or more and has served at least 10 calendar years of the sentence is allowed to petition the court for a modification of that sentence and any other habitual sentence. The defendant has the burden of demonstrating, by a preponderance of the evidence, that there are substantial mitigating factors regarding the circumstances of the offense or offenses or mitigating factors regarding the circumstances of the defendant at the time of conviction; that the defendant has demonstrated positive, engaged, and productive behavior in the department of corrections; and that the defendant does not currently present a risk to the community at large. If the court determines that a modification of sentence is justified, the court may resentence the defendant to a term of at least the midpoint in the aggravated range for the class of felony for which the defendant was convicted, up to a term less than the current sentence. APPROVED by Governor June 1, 2023 EFFECTIVE July 1, 2023 (Note: This summary applies to this bill as enacted.)
Under existing law, the office of public guardianship (office) is authorized to operate in 3 judicial districts and is scheduled to repeal on June 30, 2024. The act extends the office indefinitely and requires the office to begin operating in additional judicial districts in 2025 and to operate in every judicial district in the state by December 31, 2030. The act establishes a board of directors (board) to oversee the office. The board consists of 7 members: 3 members who are attorneys appointed by the chief justice of the Colorado supreme court and 4 non-attorney members appointed by the governor. The existing public guardianship commission that oversees the office is repealed, effective August 31, 2023. The act permits the office to initiate petitions for guardianship and take any action on behalf of a client that a private guardian may take. The act requires the office to prioritize individuals with the greatest needs when the number of cases in which services have been requested exceeds the number of cases in which public guardianship can provide services. The office of administrative services for independent agencies created in the judicial department in Senate Bill 23-228 in 2023 provides administrative and fiscal support to the office of public guardianship. The office is required to employ guardians to provide guardianship services to the office's clients. A guardian must be certified as a guardian or become certified within 2 years after being hired by the office. The office shall provide training to guardians in specified subjects. The act requires a court to waive filing fees for petitions for guardianship filed by the office in cases that involve an indigent and incapacitated person who is eligible for guardianship services from the office. A court is prohibited from requiring the office or a guardian employed by the office to post a bond as a condition for appointment as a guardian. The act authorizes the office to spend any gifts, grants, or donations it receives without prior appropriation by the general assembly. The act requires the state auditor to conduct, or cause to be conducted, a performance audit of the office during the period between July 1, 2027, and June 30, 2030. APPROVED by Governor May 30, 2023 EFFECTIVE May 30, 2023 NOTE: Certain sections of the act are contingent on whether or not Senate Bill 23-228 becomes law. Senate Bill 23-228 was signed by the governor April 20, 2023. (Note: This summary applies to this bill as enacted.)
The Colorado crime victim services fund and the state domestic violence and sexual assault services fund are scheduled for repeal in 2027. The act continues both funds indefinitely and clarifies that the money in each fund that originated from the federal coronavirus state fiscal recovery fund must comply with the requirements in the federal "American Rescue Plan Act of 2021" and related state law. The act requires the state treasurer to transfer $3 million from the general fund to the state domestic violence and sexual assault services fund on July 1, 2023. APPROVED by Governor May 25, 2023 EFFECTIVE May 25, 2023 (Note: This summary applies to this bill as enacted.)
The act creates a task force to study victim and survivor awareness and responsiveness training requirements for judicial personnel (task force) in the office for victims programs in the division of criminal justice. The task force consists of members who have experience representing victims and survivors of domestic violence, sexual assault, or other crimes; lived experience as a victim or survivor of domestic violence, sexual assault, or other crimes; or are members of the judicial community. The task force is required to analyze current training provided to judicial personnel around the country on topics of domestic violence, sexual assault, and other crimes, in order to determine best practices and training requirements for judicial personnel in the state. The act requires the task force to establish a working group to analyze and determine training standards for judicial personnel regarding issues relevant to domestic relations cases and must consider data provided to the working group by the office of the state court administrator. The office of the state court administrator must provide the working group with the described data not later than November 1, 2023. The task force is required to convene by July 15, 2023, and is required to meet at least 4 times but not more than 10 times no later than January 15, 2024. The task force is required to submit a report with its findings and recommendations to the house of representatives judiciary committee and the senate judiciary committee, or their successor committees, and the judicial department by February 1, 2024. The task force is repealed, effective July 1, 2024. The act appropriates $11,900 from the general fund to the department of public safety for use by the division of criminal justices for administrative services. APPROVED by Governor May 25, 2023 EFFECTIVE May 25, 2023 (Note: This summary applies to this bill as enacted.)