Under current law, a person who commits a fourth or subsequent DUI offense commits a class 4 felony. If a court sentences the person to probation, the bill requires the court to order as a condition of probation one of the following: Require the defendant to serve at least 90 days but not more than 180 days imprisonment in the county jail. During the mandatory 90-day period of imprisonment, the defendant is not eligible for good-time deductions of his or her sentence or for trusty prisoner status; except that a defendant receives credit for any time that he or she served in custody for the violation prior to his or her conviction. Require the defendant to serve at least 120 days but not more than 2 years of imprisonment in the county jail through participation in an alternative sentencing program if such programs are available through the county in which the defendant is imprisoned and only for certain purposes. During the mandatory 120-day period of imprisonment, the defendant is not eligible for good-time deductions of his or her sentence or for trusty prisoner status; except that a defendant receives credit for any time that he or she served in custody for the violation prior to his or her conviction. Additionally, the bill states that if the court sentences such an offender to a term of probation, the court, as a condition of probation, shall: Require the defendant to complete at least 48 hours but not more than 120 hours of useful public service, which may not be suspended; Include, as a condition of the defendant's probation, a requirement that the defendant complete a level II alcohol and drug driving safety education or treatment program at the defendant's own expense; and Consider imposing certain other conditions of probation.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Sponsored bills
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 parts 1 and 3 of article 44 of title 12, which relate to public establishments, to title 6. Section 3 repeals the parts where this law was previously codified, and section 2 makes a conforming amendment.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
At the 2016 general election, the voters of the state approved 2 initiated measures affecting primary elections: Proposition 107, which restored a presidential primary election, and Proposition 108, which allows participation by unaffiliated voters in primary elections. The bill makes several modifications to some of the statutory provisions that were affected by Propositions 107 and 108 in the following respects for the purpose of facilitating the effective implementation of the state's election laws: Section 1 of the bill adds to the list of questions that a prospective elector who is unaffiliated with a political party may answer prior to registering to vote by means of paper registration to include what political party, if any, whose primary election ballot the elector desires to receive in the mail. For a regular primary election, section 2 requires the county clerk and recorder to send to all active electors in the county who have not declared an affiliation or provided a ballot preference with a political party a mailing that contains the ballots of all the major political parties and eliminates the use of a single combined ballot for regular primary elections.. Section 3 requires the governor to consult the secretary of state (secretary) in selecting the date of the presidential primary election. This section requires, for a presidential primary election, the county clerk and recorder to send to all active electors in the county who have not declared an affiliation or provided a ballot preference with a political party a ballot packet that contains the ballots of all the major political parties as with a regular primary election; authorizes the secretary to adopt by rule additional ballot requirements to avoid voter confusion in presidential primary elections; and repeals provisions requiring the state to reimburse the counties for expenses incurred in connection with the preparation and conduct of presidential primary elections in lieu of the provisions in section 6. Section 4 moves the deadline by which a candidate in the presidential primary election is to submit to the secretary required filing materials to run in the primary election from the second day of January in the year of the primary election to 85 days before the date of the primary election. This section also requires challenges to the listing of a candidate on the presidential primary ballot to be filed with the district court, as with other election challenges, and not the secretary. . In the case of a primary mail ballot election, section 5 deletes an existing statutory requirement that a notice be sent advising eligible electors who are not affiliated with a political party of the ability to vote in the primary election of any political party. This section of the bill also modifies existing law requiring mail ballot packets in a primary mail ballot election to be mailed only to those active registered electors who are affiliated with a political party that is participating in the election to require that the mail ballot packet be mailed only to active registered electors. Section 6 requires the county clerk and recorder or designated election official to record in the statewide voter registration system the names and precinct numbers of eligible electors, together with the date on which the mail ballot was sent and the date on which each mail ballot was returned or otherwise cast. For unaffiliated electors in a primary election, the bill requires the county clerk and recorder to record which political party's ballot the elector cast. If a mail ballot is not returned or otherwise cast, or if it is rejected and not counted, that fact must be recorded in the statewide voter registration system. The information is subject to public inspection under applicable laws and rules. 7 requires the general assembly to appropriate money from the state's general fund to cover the costs of the election incurred by the state arising from the preparation and conduct of a presidential primary election. Section 8 appropriates $208,811 from the department of state cash fund for the 2017-18 state fiscal year. To implement the act, the department of state may use $180,456 of the appropriation for personal services for information technology services and $28,355 of the appropriation for operating expenses for the elections division.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill requires an oil and gas operator to give electronic notice, in a format and by a deadline established by the Colorado oil and gas conservation commission by rule, of the location of each flow line, gathering pipeline, and transmission pipeline installed, owned, or operated by the operator to the director of the commission and each local government within whose jurisdiction the subsurface facility is located. The commission shall post the information on its website in a searchable database. The commission recently promulgated several rules to implement 2 of the recommendations of the governor's oil and gas task force. The bill also codifies some of the essential elements of one of the 2 recommendations, with the following modifications: The rules require operators to share their development plans with municipalities where the proposed operations will occur; and the bill adds counties where the proposed operations will occur. (Note: This summary applies to this bill as introduced.)
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.)
Current law authorizes forced pooling, a process by which any interested person–typically an oil and gas operator–may apply to the Colorado oil and gas conservation commission for an order to pool oil and gas resources located within a particularly identified drilling unit. After giving notice to interested parties and holding a hearing, the commission can adopt an order to force owners of oil and gas resources within the drilling unit who have not consented to the application (nonconsenting owners) to allow an oil and gas operator to produce the oil and gas within the drilling unit notwithstanding the owners' lack of consent. The bill specifies that: The hearing notice must be given at least 90 days before the hearing; Before entry of a pooling order, the prospective drilling unit operator must give the affected interest owners a clearly stated, concise, neutral explanation of the laws governing forced pooling; and The operators of drilling units shall, before commencing drilling operations, file an electronic report with the commission that states the number of nonconsenting owners and the percentage of acres that have been pooled, and the commission shall post the reports in a searchable database on its website.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Colorado's law concerning bias-motivated crimes prohibits the intimidation or harassment of another person because of that person's actual or perceived race, color, religion, ancestry, national origin, physical or mental disability, or sexual orientation. However, Colorado's harassment statute makes harassment a class 1 misdemeanor if the offender commits harassment with the intent to intimidate or harass another person because of that person's actual or perceived race, color, religion, ancestry, or national origin. The bill adds physical or mental disability and sexual orientation to the categories described in the harassment statute to make the statute consistent with Colorado's law concerning bias-motivated crimes. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill applies to employers with 15 or more employees and prohibits those employers from: Advertising that a person with a criminal history may not apply for a position; Placing a statement in an employment application that a person with a criminal history may not apply for a position; or Making an inquiry about an applicant's criminal history on an initial application. An employer may obtain a job applicant's criminal background report at any time. An employer is exempt from the restrictions on advertising and initial employment applications when: The law prohibits a person who has a particular criminal history from being employed in a particular job; The employer is participating in a program to encourage employment of people with criminal histories; or The employer is required by law to conduct a criminal history record check for the particular position. The department of labor and employment is charged with enforcing the requirements of the bill and may issue warnings and orders of compliance for violations and, for second or subsequent violations, impose civil penalties. A violation of the restrictions does not create a private cause of action, and the bill does not create a protected class under employment antidiscrimination laws. The department is directed to adopt rules regarding procedures for handling complaints against employers. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)