Sen. Bob Gardner

The act establishes an annual jury appreciation day on September 5 of each year. The total number of legal holidays in a state fiscal year available to an employee of a state agency is not changed by adding annual jury appreciation day. APPROVED by Governor May 24, 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.)

The concurrent resolution amends section 23 of article VI of the Colorado constitution as it relates to judicial discipline. The resolution permits the general assembly to provide in law the process for the supreme court to select the judge members of the Colorado commission on judicial disciple (commission). The resolution specifies that the commission may dismiss complaints and repeals the commission's authority to request appointment of special masters. The resolution repeals the commission's authority to order formal judicial disciplinary proceedings be held before the commission and creates an independent adjudicative board (board) to conduct formal proceedings and hear appeals of the commission's orders imposing informal sanctions. The board is comprised of 4 district court judges, 4 attorneys, and 4 citizens. The resolution prohibits a member of the commission from being appointed to the board and prohibits a member of the board from being appointed to the commission. A randomly selected panel of the board (panel), comprised of one judge, one attorney, and one citizen, conducts formal proceedings in a case. The resolution permits the panel to dismiss a complaint, impose informal sanctions, or impose formal sanctions. The resolution sets the standards of review to be used by the supreme court when it reviews a panel's decision. The resolution requires a tribunal of 7 randomly selected court of appeals and district judges to review the panel's decision when: The proceedings involve a complaint against a Colorado supreme court justice; a Colorado supreme court justice, a staff member to a justice, or a family member of a justice is a complainant or a material witness in the proceeding; or more than 2 justices have recused themselves from the proceeding. The tribunal reviews the panel's decision in the same manner and using the same standards of review as the supreme court does when it reviews panel decisions. Under existing law, commission proceedings are confidential until the commission files recommendations with the supreme court. The resolution makes proceedings public at the commencement of formal proceedings but clarifies that appeals of informal remedial sanctions to the board are confidential. The resolution clarifies that a person is absolutely immune from any action for defamation based on papers filed with or testimony before the commission, adjudicative board, supreme court, or a tribunal. The resolution clarifies the circumstances in which the commission may release otherwise confidential information. The resolution creates a rule-making committee to adopt rules for the judicial discipline process. The rule-making committee consists of 4 members appointed by the supreme court, 4 members appointed by the board, 4 members appointed by the commission, and one victim's advocate appointed by the governor. The rules must include the standards and degree of proof to be applied in judicial discipline proceedings; confidential reporting procedures; and complainant rights. The Colorado rules of evidence and Colorado rules of civil procedure apply to proceedings before a panel until and unless the rule-making committee promulgates rules specifically governing panel proceedings. (Note: This summary applies to this concurrent resolution as adopted.)

The act requires the department of health care policy and financing (state department) to provide certain behavioral health services for medicaid recipients who are under 21 years of age. The act requires the state department to begin providing the services no later than July 1, 2024. On or before November 1, 2025, and each November 1 thereafter, the act requires the state department to report to the house of representatives public and behavioral health and human services committee and the senate health and human services committee, or their successor committees, on the utilization of the services provided for in the act and any feedback received from stakeholders in implementing coverage for those services. APPROVED by Governor May 20, 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.)

Currently, certain persons licensed to sell alcohol beverages (licensee) may apply for a permit to hold a festival. The act makes the following changes to the festival permitting process: Requires the licensee to file a permit application at least 30 calendar days before the festival, which increases the current requirement of at least 10 business days before the festival; Increases the fee for a permit from $25 annually to $50 per festival; Authorizes a licensee to jointly participate in up to 52 festivals held by other licensees; and Changes the window during which festivals are counted for the purpose of determining how many festivals a licensee holds or participates in from 12 months after the issuance of a permit to a calendar year. APPROVED by Governor May 17, 2023 EFFECTIVE June 1, 2023 (Note: This summary applies to this bill as enacted.)

(Note: This summary applies to this bill as enacted.)

Senate Judiciary Committee. The bill continues the Colorado commission on criminal and juvenile justice (commission) until September 1, 2028 2024 . The bill amends the legislative findings and declaration for the commission. The bill amends the commission membership as follows: Replaces the executive director of the department of human services, or the executive director's designee, with the commissioner of the behavioral health administration, or the commissioner's designee; Replaces the executive director of the department of higher education, or the executive director's designee, with a representative of higher education with expertise in criminal justice; Eliminates an expert in juvenile justice issues; Adds a second criminal defense attorney, and requires that one must be from a rural judicial district; Severs one existing position for a community corrections provider, community corrections board member, or a behavioral, mental health, or substance use disorder treatment provider into 2 positions: One for a behavioral, mental health, or substance use disorder treatment provider and one who represents a community corrections provider or a community corrections board; and Eliminates the 2 at-large members and substitutes one member who works with a community-based reentry program. The bill amends the commission's mission and duties. The bill requires the division of criminal justice (division) to provide a translator to provide oral translation in the Spanish language for every meeting and written translation into Spanish of every publicly available document. The division is required, upon request, to provide a translator to provide oral translation or written translation of a publicly available document in a requested language. The bill requires the commission to provide the opportunity for all members or interested persons to provide topics for study to be submitted to the governor. (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 incorporates the 2022 amendments to the "Uniform Commercial Code" (UCC), drafted by the Uniform Law Commission. The 2022 amendments update the UCC to account for emerging technologies by: Amending the definitions of "conspicuous", "send", and "sign"; Adding the definition of "electronic"; and Changing current references to "writing" or "written" to refer instead to a "record". The 2022 amendments update the provisions of the UCC related to secured transactions by: Addressing security interests and rights to payment related to controllable electronic records; Specifying how to perfect security interests in controllable accounts and controllable payment intangibles; Updating the definition of "chattel paper" to distinguish between a right to payment and the record evidencing the right to payment; Creating a new definition of "assignee" and "assignor". The act creates a new article within the UCC that governs controllable electronic records, including the transfer of property rights in certain intangible digital assets that have been or may be created and may involve the use of new technologies. The act provides guidance for which laws apply during the transition from the current UCC to the UCC as amended by the act. APPROVED by Governor May 1, 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.)

Current law requires an individual who is in jail to be brought before a judge for a bond hearing within 48 hours of arriving at the jail. The act clarifies the circumstances when the 48-hour requirement does not apply when the individual is unable to attend court. When an arrestee is unable to attend court within the 48-hour requirement, the sheriff shall create a list of those individuals, the date of the individual's arrest, and the location where the individual is in custody. The sheriff shall document the length of the delay, the reason for the delay, and the efforts to abate a delay caused by an emergency. As soon as an emergency has sufficiently abated, the act requires the sheriff to make the in-custody arrestee available to appear. The act also clarifies that the 48-hour requirement applies regardless of whether: The individual is held in custody in a jurisdiction other than the one that issues the arrest warrant; Money bond was previously set ex parte; or The in-custody arrestee did not appear for a first appearance. APPROVED by Governor April 20, 2023 EFFECTIVE October 1, 2023 (Note: This summary applies to this bill as enacted.)