The act creates certain rights for foster parents. The rights do not apply to a foster parent who jeopardizes the safety of a child or youth or a foster parent against whom criminal charges have been filed for child abuse, a sexual offense, or any felony. (Note: This summary applies to this bill as enacted.)
The act grants immunity from the charge of prostitution, soliciting for prostitution, or prostitute making display or an equivalent municipal offense (prostitution offense) to a person who seeks assistance from a law enforcement officer, the 911 system, or a medical provider for a victim or as a victim of a violent crime or offense (crime) if the evidence for the charge of a prostitution offense was obtained as a result of the person seeking assistance or as a result of the need for assistance. A person who receives immunity for a prostitution offense is not immune from prosecution for other offenses, and a district attorney or law enforcement officer may obtain or use evidence obtained from a report, recording, or other statement provided as a result of the initial prostitution offense to prosecute any other offense. For the purposes of the act, "person" is defined as the victim of a crime, a person who is a victim of human trafficking for sexual servitude, or a witness to a crime. The act sets forth the applicable violent crimes or offenses. (Note: This summary applies to this bill as enacted.)
The act creates the Feeding Colorado fund (fund) in the state treasury. A voluntary contribution designation line for the fund will appear on the state individual income tax return form (form) for the 5 income tax years following the year that the executive director of the department of revenue (department) certifies to the revisor of statutes that there is space available on the form and that the fund is next in the queue. Once the fund is placed on the form, the department is directed to determine annually the total amount contributed to the fund and report that amount to the state treasurer and the general assembly. The state treasurer is required to credit that amount to the fund, and the general assembly appropriates from the fund to the department the costs of administering money designated for the fund. After that amount is deducted, the money remaining in the fund at the end of a fiscal year is transferred to Feeding Colorado. Following the statutory 2-year grace period for new tax check-offs, the fund is required to achieve the minimum contribution amount of $50,000 per year to remain on the form. The fund is repealed on the sixth income tax year following the year in which the director files the certification, unless it is continued by the general assembly before then. (Note: This summary applies to this bill as enacted.)
Current law prohibits a racing or simulcast facility licensee for the racing of greyhounds or horses to take more than a certain percentage of the gross receipts of any pari-mutuel wagering on the races or simulcast races. The bill states that, when "gross receipts" is used in reference to money received by a licensee from an out-of-state simulcast facility, the term means money received by the licensee after the out-of-state simulcast facility has deducted the costs, signal fees, and taxes that it is required to pay to its regulatory and taxing authorities.(Note: This summary applies to this bill as introduced.)
The act continues the school safety resource center advisory board indefinitely. (Note: This summary applies to this bill as enacted.)
The act requires the division of criminal justice within the department of public safety (department) to annually report to the general assembly during the department's "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearings any significant data, including trends over time, regarding missing person cases in Colorado. The report must include specific information about missing person cases involving women from minority communities, which includes women from African-American, Black, Asian-American, Pacific Islander, Indigenous and tribal, Hispanic, Latino, and transgender communities, and information about missing person cases involving persons 50 years of age or older. The act requires any law enforcement agency to accept a missing person report submitted in person if the missing person is a Colorado resident or was last believed to be in Colorado. The act requires law enforcement agencies to accept a missing person report by telephone or other electronic media if accepting the report by those means is consistent with the agency's policies or practices. The act adds circumstances in which a law enforcement agency is not required to accept a missing person report. The act requires a law enforcement agency that receives a report of a missing adult to, within 8 hours after receiving the report, enter relevant information into the Colorado crime information center (CCIC) database and, as appropriate, contact other law enforcement agencies that may assist in locating the missing person. In the case of a reported missing child, a law enforcement agency must, within 2 hours after receiving the report, notify the Colorado bureau of investigation and enter any relevant information into the CCIC database. (Note: This summary applies to this bill as enacted.)
The act prohibits a person from openly carrying a firearm within any polling location or central count facility, or within 100 feet of a ballot drop box or any building in which a polling location or central count facility is located, while an election or any related ongoing election administration activity is in progress. The designated election official responsible for any central count facility, polling location, or drop box involved in that election cycle shall visibly place a sign notifying persons of the 100-foot no open carry zone for firearms. Exceptions are made for persons who own private property within the 100-foot buffer zone to carry a firearm on the private property; peace officers acting within the scope and authority of their duties to carry a firearm; and uniformed security guards employed by a contract security agency acting within the scope of the authority granted by and in the performance of a contractual agreement for the provision of security services with a person or entity that owns or controls the facility, building, or location. Openly carrying a firearm inside or within 100 feet of a polling location, central count facility, or drop box is a misdemeanor, punishable by a maximum $1,000 fine, up to 364 days imprisonment in the county jail, or both; except that, for a first offense, the fine shall not exceed $250 and the sentence of imprisonment shall not exceed 120 days. (Note: This summary applies to this bill as enacted.)
Under current law, a defendant is required to execute the defendant's signature on citations for a misdemeanor, petty offense, misdemeanor traffic offense, or traffic infraction to signify agreement to pay the penalties or appear in court. The act eliminates the defendant signature requirement. (Note: This summary applies to this bill as enacted.)
The act expands the ways that intimidating a witness may be committed by stating that the threat or act that constitutes intimidation can be directed at a person the perpetrator believes may have information relevant to a criminal investigation or a person the perpetrator believes may be able to exert influence upon a witness or victim. The act also adds that the crime of intimidating a witness can be committed by intentionally attempting to influence, or actually influencing, a witness, victim, or any other person with knowledge of relevant information to withhold information from, or provide false information to, law enforcement, a defense attorney, or defense investigator. (Note: This summary applies to this bill as enacted.)
