Sen. Daniel Kagan

Sentencing in the Criminal Justice System Interim Study Committee. The bill directs the Colorado commission on criminal and juvenile justice (commission) to contract for a study of the most effective criminal sentencing practices available. The commission must establish an advisory committee to review the study and make recommendations regarding changes to the Colorado sentencing scheme based on the study.(Note: This summary applies to this bill as introduced.) , Read More

The bill requires title insurance entities and affiliates or subsidiaries to hold funds belonging to others in a fiduciary capacity. 'Fiduciary funds' means all funds received in conjunction with real estate closing and settlement services. The commissioner of insurance shall promulgate rules regarding fiduciary funds. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

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. One recommendation of the study is to relocate laws located in title 24 that are administered by the department of revenue to a new title 44, which will consist solely of laws administered by the department of revenue that regulate a variety of activities. To implement this recommendation, section 1 of the bill creates title 44 and section 2 relocates laws related to the regulation of tobacco sales to minors from title 24 to the new title. Section 3 repeals the relocated laws from their current location. Sections 4 through 6 make conforming amendments necessitated by the relocation of the laws.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

The victims compensation and assistance coordinating committee and the victims assistance and law enforcement advisory board in the department of public safety were repealed in 2009. The bill gives the executive director of the department of public safety the authority to repeal rules relating to those repealed boards. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

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. One recommendation of the study is to relocate laws located in title 24 that are administered by the department of revenue to a new title 44, which will consist solely of laws administered by the department of revenue that regulate a variety of activities. To implement this recommendation, section 1 of the bill creates title 44 and section 2 relocates laws related to the regulation of lottery from title 24 to the new title. Section 3 repeals the relocated laws from their current location. Sections 4 through 16 make conforming amendments necessitated by the relocation of the laws.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

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. One recommendation of the study is to relocate laws located in title 12 that are administered by the department of revenue to a new title 44, which will consist solely of laws administered by the department of revenue that regulate a variety of activities. To implement this recommendation, section 1 of the bill creates title 44 and section 2 relocates laws related to the regulation of racing from title 12 to the new title. Section 3 repeals the relocated laws from their current location. Sections 4 through 22 make conforming amendments necessitated by the relocation of the laws.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

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. One recommendation of the study is to relocate laws located in title 12 that are administered by the department of revenue to a new title 44, which will consist solely of laws administered by the department of revenue that regulate a variety of activities. To implement this recommendation, section 1 of the bill creates title 44 and section 2 relocates laws related to the sale of motor vehicles and powersports vehicles from article 6 of title 12 to article 20 of title 44. Section 3 relocates part 4 of article 6 of title 12 related to event data recorders to part 24 of article 4 of title 42. Section 4 repeals the article where these laws were previously codified.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

Committee on Legal Services. This bill enacts the softbound volumes of Colorado Revised Statutes 2017, including the corrected replacement volume consisting of titles 42 and 43, as the positive and statutory law of the state of Colorado and establishes the effective date of said publication.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

Sentencing in the Criminal Justice System Interim Study Committee. The bill repeals the provision that requires a court to sentence a person who has been convicted of 2 prior felonies within 10 years of the commission of another felony to the department of corrections for a term of 3 times the maximum of the presumptive range for the level of felony last committed. Under current law, a court must sentence a person convicted of a felony who has been convicted of 3 prior felonies to 4 times the maximum of the presumptive range of the last felony. The bill changes the provision so that it applies only to a person convicted of one of the specified felonies who has 3 prior convictions relating to the specified felonies. It requires the court to sentence the person to between 2 and 3 times the maximum of the presumptive range for the felony for which he or she is being sentenced, unless the court finds the case to be exceptional and involves extenuating circumstances. If the court finds extenuating circumstances, it may sentence the person to a lesser term, to community corrections, or to probation, but the court must notify the state court administrator of the extenuating circumstances justifying such a sentence. A person sentenced as an habitual offender is eligible for parole after he or she has served 75% of the sentence imposed less any earned time granted. (Note: This summary applies to this bill as introduced.) Read More

Under current law, it is an unfair housing practice to honor or exercise, or attempt to honor or exercise, any restrictive covenant pertaining to housing. Section 1 of the bill adds to the definition of 'restrictive covenant' limitations on the transfer, rental, or lease of housing based on records of any arrest or charge that did not result in a conviction and the criminal case is not actively pending (arrest records) or criminal justice records that have been sealed or expunged. Section 2 makes it an unfair housing practice to inquire about or take an adverse action based on arrest records or sealed or expunged criminal justice records. Section 3 prohibits landlords from requiring an applicant to disclose any information contained in sealed criminal records. Section 4 prohibits housing authorities from denying or terminating dwelling accommodations, or taking adverse action against a person, on the basis of arrest records or certain conviction records. Section 6 requires a landlord to provide applicants with access to records that are used as the basis for denying a rental application. Section 5 prevents certain tenant criminal records from being admitted as evidence in a civil case against a landlord that is based on the tenant's conduct.(Note: This summary applies to this bill as introduced.) , Read More