Sen. Katie Wallace

The act establishes a process for a person to voluntarily waive the right to purchase a firearm (voluntary waiver). The Colorado bureau of investigation (bureau) in the department of public safety (department) shall deny a firearm transfer to the person while the voluntary waiver is in effect. The bureau shall develop an online portal (portal) for a person to electronically file for a voluntary waiver, update contact information, and revoke a voluntary waiver. The bureau is required to verify the filer's identity before accepting a voluntary waiver or revocation. The bureau shall enter a voluntary waiver into the national instant criminal background check system and any other federal or state computer-based systems used to identify prohibited purchasers of firearms. A person may revoke the voluntary waiver by filing for revocation with the bureau. The waiver remains in effect for 30 days after the bureau accepts the revocation. A person filing the voluntary waiver form may provide the name and contact information of a person who will be contacted if the person attempts to purchase a firearm while the voluntary waiver is in effect or if the filer revokes the voluntary waiver. The act prohibits a person from attempting to purchase a firearm while subject to a voluntary waiver. Attempting to purchase a firearm while subject to a voluntary waiver is a civil infraction, punishable by a maximum $25 fine. The voluntary waiver process and the prohibition on attempting to purchase a firearm while subject to a voluntary waiver are contingent on the department receiving $200,000 of gifts, grants, or donations to develop and operate the portal. The act permits the department to seek, accept, and expend gifts, grants, or donations for the portal. (Note: This summary applies to this bill as enacted.)

The act requires the judicial department to develop a form for a court to use to notify the department of human services (DHS) of the court's specific findings when the court denies a personal recognizance bond and orders inpatient restoration services for a defendant who is in custody for a misdemeanor, petty offense, or traffic offense, and who the court determines is incompetent to proceed but there is a substantial probability that the defendant, with restoration services, will attain competency in the reasonably foreseeable future. The act makes changes to the processes related to competency evaluations, including changing the deadlines and processes for requesting second evaluations and changing the requirements for conducting restoration evaluations of juveniles. The act requires a court to vacate any existing order and not enter a new order directing DHS to conduct a competency evaluation or provide restoration services to a defendant if the defendant was accepted to participate in the bridges wraparound care program. The requirements and processes related to certifying a defendant for short-term treatment are updated, including changes to the requirements for a party to request an order initiating short-term treatment and the processes when a party requests a hearing. The act permits DHS to request that the court refer a matter for filing of a petition for short-term treatment if, in the process of coordinating outpatient restoration services for a defendant, DHS determines that the defendant meets the standard for a certification for short-term treatment. The court is required to set the following hearings upon the request of a party, if a final determination is made that the defendant is incompetent to proceed: A hearing following the court's receipt, prior to ordering restoration treatment, of a competency evaluator's report concluding that there is not a substantial probability that the defendant, with restoration services, will attain competency within the reasonably foreseeable future; and A hearing if, prior to ordering restoration treatment, a competency evaluator or other expert opines that the defendant's diagnosis likely includes a moderate to severe intellectual or developmental disability, acquired traumatic brain injury, or dementia, which, either alone or together with a co-occurring mental illness, affects the defendant's ability to gain or maintain competency. The court is required to make findings about whether there are reasonable grounds to believe a person meets the standard for a certification for short-term treatment prior to dismissing charges against the person for certain competency reasons. If the charges are dismissed, the court shall notify DHS in writing that the charges were dismissed and the reason for the dismissal. Under existing law, if the court finds there are reasonable grounds, the court may stay the dismissal for 35 days. The act permits the court to grant up to four 35-day extensions to a stay of a dismissal in addition to the initial stay. DHS is permitted to continue to provide services for up to 90 days after a person's case is dismissed because the person is incompetent to proceed. DHS is permitted to enter into an agreement with an organization to provide permanent supportive housing for a person whose case is dismissed because the person is incompetent to proceed or the person has successfully completed a bridges wraparound care program, and for a person who has been referred to the bridges wraparound care program. DHS is required to collect information concerning where a person lives or intends to live following a dismissal or referral for each person whose charges are dismissed following a determination by the court that the person is incompetent to proceed or following satisfactory completion of a bridges wraparound care program, or who has been referred to the bridges wraparound care program. The act tolls the time limitations to commence a criminal proceeding against a defendant while the offender is in a competency-related diversion or deflection program. The act tolls the time limitations to commence a criminal proceeding against a defendant beginning when the defendant's case is dismissed without prejudice for the purpose of facilitating certification for short-term treatment until either the defendant's criminal case is re-filed or 6 months have passed since the case was dismissed, whichever is earlier. (Note: This summary applies to this bill as enacted.)

The act establishes a procedure allowing a federal firearms licensee (licensee) to request a firearm serial number check prior to purchasing a firearm from an individual and requires a local county sheriff's office or police department to complete the serial number check within 3 days after the request. The firearm serial number check must include information regarding whether the firearm is stolen, lost, or is involved in an open criminal investigation. If a licensee is located within incorporated city limits, they must request the firearms serial number check from the police department within its city limits. If a licensee is located in an unincorporated part of the county, they must request a firearms serial number check from the sheriff's department of the county in which it is located. A police department or sheriff's office may charge a reasonable fee to complete the firearm serial number check. The act also allows a licensee to perform a firearm serial number search themself if the federal government allows the licensee access to the federal government's firearm tracing program. The licensee is still subject to the reporting requirements if the licensee performs the firearm serial number search themself. The act imposes a penalty on a licensee if the licensee fails to file a report with law enforcement when the licensee reasonably believes, knows or should know, or becomes aware that a person sold or attempted to sell a firearm that is stolen, lost, or involved in an open criminal investigation. (Note: This summary applies to this bill as enacted.)

Current law does not require hospitals to hold on to blood draws for any specific amount of time. The act requires hospitals or other health-care facilities to retain blood draws or admission blood samples for 14 days if a coroner submits a blood retention form upon a hospital or health-care facility for a blood draw or admission blood sample of a deceased individual that is the subject of a coroner's death inquest or investigation. (Note: This summary applies to this bill as enacted.)

In addition to individuals who may already request that their address included in certain records be kept confidential (address confidentiality) under certain circumstances, the act allows an individual or the spouse of an individual who is or has been a peace officer, firefighter, volunteer firefighter, emergency medical service provider, or emergency communications specialist (first responder) to also request address confidentiality for voter registration records that are in the custody of a county clerk and recorder or in the centralized statewide registration system maintained by the secretary of state (secretary) and financial disclosures that certain public officials are required to file with the secretary. A first responder may request address confidentiality with the county clerk and recorder of the county where the first responder who is making the request for address confidentiality resides. The secretary is required to approve the application form for a request for address confidentiality. Each county clerk and recorder is required to make the address confidentiality request application forms available in their office, provide the address confidentiality request application forms to interested persons by United States mail, email delivery, or facsimile transmission, and to process applications for address confidentiality without imposing a processing fee or any other charge. The custodian of any records specified in the act that concern a first responder who has requested address confidentiality is required to deny, with limited exceptions, the right of inspection of the first responder's address contained in the records on the ground that disclosure would be contrary to the public interest. (Note: This summary applies to this bill as enacted.)

Current law states that a person who commits careless driving and thereby causes the death of an individual commits a class 1 misdemeanor traffic offense. The act expands current law to include careless driving resulting in serious bodily injury and states that if a person commits careless driving and thereby causes the serious bodily injury or death of more than one individual, each individual injure or killed is a separate violation. The act also clarifies that careless driving resulting in serious bodily injury or death is an included crime for the purposes of the "Victim Rights Act". (Note: This summary applies to this bill as enacted.)

The act creates a cause of action against a person who discloses or threatens to disclose a highly realistic but false visual depiction of another individual (depicted individual) that has been created, altered, or produced by generative AI, image editing software, or computer-generated means and that depicts the intimate body parts of the depicted individual or certain sexual acts involving the depicted individual (intimate digital depiction). A depicted individual who has suffered harm from the nonconsensual disclosure or threatened disclosure of an intimate digital depiction has a cause of action against the person who disclosed or threatened to disclose the intimate digital depiction if the person knew or acted with reckless disregard for whether the depicted individual: Did not consent to the disclosure; Would experience severe emotional distress due to the disclosure or threatened disclosure; and Was identifiable. The act creates an exception to its civil liability provisions for a provider of the technology used to create an intimate digital depiction. Other exceptions include disclosures related to matters of public concern, parody, satire, and impersonation; disclosures made in good faith in various circumstances; and broadcasts of third-party content under certain conditions. A successful plaintiff may recover the defendant's monetary gain from the intimate digital depiction; either actual damages or liquidated damages of $150,000; exemplary damages; and litigation costs, including reasonable attorney fees. A court may also order the defendant to cease disclosure of the intimate digital depiction. In the context of the criminal law punishing sexual exploitation of a child, the act updates the definition of "sexually exploitative material" to include realistic computer-generated digital depictions that depict an identifiable child. The act changes the criminal offenses of posting a private image for harassment and posting a private image for pecuniary gain to the related offenses of disclosing a private intimate image or intimate digital depiction for the same purposes. A person who is eighteen years of age or older commits disclosure of a private intimate image or intimate digital depiction for harassment or for pecuniary gain if the person discloses or threatens to disclose a private intimate image or intimate digital depiction without consent. The harassment offense now requires that the disclosure or threatened disclosure cause physical, emotional, or reputational harm to the depicted individual. Like the offenses for posting a private image in current law, disclosing a private intimate image or intimate digital depiction is a class 1 misdemeanor; except that the act increases the penalty to a class 6 felony if the person made the disclosure and the disclosure posed an imminent and serious threat to the safety of the depicted individual or the depicted individual's immediate family and the person knew or reasonably should have known of the imminent and serious threat. The act changes the offenses of posting, possessing, or exchanging a private image by a juvenile to the related offenses of disclosing, possessing, or exchanging a private intimate image or intimate digital depiction by a juvenile. The penalties remain the same. (Note: This summary applies to this bill as enacted.)

The act requires the office of gun violence prevention (office) in the department of public health and environment (department) to post the office's gun violence prevention materials (materials) in an accessible manner on the office's website for school districts, boards of cooperative services, district charter schools, institute charter schools, and the Colorado school for the deaf and the blind (local education providers) to access and distribute to parents, guardians, and legal custodians of elementary or secondary school students. The act requires each local education provider to: Provide the materials in a written or electronic format to students' parents, guardians, and legal custodians at the beginning of each school year; and Post the materials or a link to the materials on the local education provider's website. Beginning in January 2026, and in January every year thereafter, the department shall include in its "SMART Act" hearing information concerning the materials. (Note: This summary applies to this bill as enacted.)

The sunset law requires that new advisory committees and task forces be repealed and undergo a review before the repeal. The act changes the towing task force's scheduled repeal from September 1, 2025, to September 1, 2035. (Note: This summary applies to this bill as enacted.)

The act continues the just transition advisory committee (advisory committee) until September 1, 2030. Prior to its repeal, the department of regulatory agencies will conduct a sunset review of the advisory committee. The act requires the just transition office in the department of labor and employment (office) to consult with the advisory committee on issues related to the impact of facility closures and job layoffs in coal-related industries in a manner that best ensures continued economic stability and prosperity for impacted workers and communities during and after the transition away from coal as an economic driver. The office is also directed to develop and implement plans to maximize the economic stability and prosperity of coal workers and communities. When the general assembly created the advisory committee in 2019, the advisory committee was required to develop a draft just transition plan (plan) before July 1, 2020. The act repeals obsolete references to the development of the plan and requires the director of the office to update the plan as needed. The act increases the number of coal transition workers appointed to the advisory committee from 3 to 5 and requires that at least one advisory committee member works at a coal mine and at least one member works at an electric utility. (Note: This summary applies to this bill as enacted.)