Sen. Rhonda Fields

The bill removes the authority of a board of education of a school district, a charter school, an institute charter school, and a school operated by a board of cooperative services (local education provider) to withhold records required for enrollment in another school or institution of higher education or a student's grades, transcripts, or diploma for failure to pay any fine or fee assessed by the local education provider, to return or replace textbooks or library resources, or to return other school property. The local education provider shall make reasonable efforts to obtain payment of an assessed fee or fine or payment for lost or damaged textbooks, library resources, or other school property. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill repeals the interagency farm-to-school coordination task force (task force) and ends the terms of current members of the Colorado food systems advisory council (council). The bill provides for the appointment of new members to the council. The council's duties are to: Collaborate and coordinate with producers, relevant state and federal agencies, and consumers regarding linking Colorado producers, particularly specialty crop producers, with food and nutrition assistance programs; Collaborate with relevant state and federal agencies and other entities regarding the study, development, and recommendation of policies and methods to best implement the farm-to-school program; Collaborate with producers, relevant government agencies, educational institutions, nongovernmental organizations, and consumers regarding support for the recommendations in the Colorado blueprint for food and agriculture, and ensure that the blueprint, or its successor, is updated as needed; Conduct research regarding national best practices regarding food and nutrition assistance, direct and intermediated market development, and farm-to-school programs as well as other priorities determined by the council; Collaborate with, serve as a resource to, and receive input from local and regional food policy councils in the state; Explore methods of collecting and assessing statewide data relating to council activities and report the relevant information and data regarding council activities as required by current law; and Collaborate with the department of agriculture in leveraging existing domestic marketing programs that benefit Colorado agriculture. The bill extends the repeal of the council from September 1, 2018, to September 1, 2022. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill creates the family and medical leave insurance (FAMLI) program in the division of family and medical leave insurance (division) in the department of labor and employment (department) to provide partial wage-replacement benefits to an eligible individual who takes leave from work to care for a new child or a family member with a serious health condition or who is unable to work due to the individual's own serious health condition. Each employee in the state will pay a premium determined by the director of the division by rule, which premium is based on a percentage of the employee's yearly wages and must not exceed .99%. The premiums are deposited into the family and medical leave insurance fund from which family and medical leave benefits are paid to eligible individuals. The director may also impose a solvency surcharge by rule if determined necessary to ensure the soundness of the fund. The division is established as an enterprise, and premiums paid into the fund are not considered state revenues for purposes of the taxpayer's bill of rights (TABOR). (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill makes various amendments to statutes concerning the rights of crime victims, including the following: The definition of 'crime' is amended to include: Failure to stop at the scene of an accident that results in serious bodily injury of another person; Violation of a protection order issued against a person charged with stalking; and Posting a private image for harassment or for pecuniary gain. The definition of 'critical stages' is amended to include any full parole board review hearing. The definition of 'modification of sentence' is amended to include a resentencing following a probation revocation hearing or a request for early termination of probation. The bill creates a victim's right: To be heard at any court proceeding at which the court considers a request for progression from a person accused or convicted of a crime against the victim and who is in the custody of the state mental health hospital. 'Progression' includes off-grounds supervised or unsupervised privileges, community placement, conditional release, unconditional discharge, or a special furlough. To be informed of the results of a probation or parole revocation hearing; and To be informed of the governor's decision to commute or pardon a person convicted of a crime against the victim before such information is publicly disclosed. The bill requires a district attorney's office, if practicable, to inform a victim of any pending motion to sequester the victim from a critical stage in the case. Unless a victim requests otherwise, the district attorney shall inform each victim of the right to receive information from the state mental health hospital concerning the custody and release of a person convicted of a crime against the victim and ordered by a court into the hospital's care, including how the victim may request notification from the hospital. Upon the written request of a victim, the Colorado mental health institute at Pueblo or the Colorado mental health institute at Fort Logan shall notify the victim of certain information regarding any person who was charged with or convicted of a crime against the victim. The bill requires the juvenile parole board to report additional information concerning juvenile parole hearings. The court shall inform the probation department before any hearing regarding any request by a probationer for early termination of probation or any change in the terms and conditions of probation. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill creates the crime of misuse of electronic images by a juvenile. The offense prohibits a juvenile from knowingly distributing, displaying, or publishing through digital or electronic means, or possessing, a sexually explicit image of himself or herself or of another juvenile who, as depicted in the image, is within 4 years of age of the charged juvenile. If a juvenile is charged with the crime of misuse of electronic images by a juvenile, he or she cannot be charged with sexual exploitation of a child. It is an affirmative defense to the distribution offense if the juvenile committed the act as a result of coercion, intimidation, or harassment. It is an affirmative defense to the possession offense if the juvenile: Did not solicit or request to be supplied with the image or images; and Did not participate in or encourage the making of the image or images; and Did not transmit or distribute the image or images to another person; and Took reasonable steps to either destroy or delete the images within 72 hours or reported the receipt of such image or images to law enforcement or a school official within 72 hours.(Note: This summary applies to this bill as introduced.)

With regard to students enrolled in preschool, kindergarten, first grade, or second grade, the bill prohibits a school district, board of cooperative services, charter school, or public preschool program (enrolling entity) from expelling a student, except as specifically required by federal law, and allows the enrolling entity to impose an out-of-school suspension on the student only under specified circumstances for 3 school days. Under additional specified circumstances, the enrolling entity may extend the out-of-school suspension to a total of 5 school days. Each school district and charter school must ensure that its school discipline code reflects the requirements specified in the bill. The state board of education cannot waive the provisions concerning expulsion and suspension of young students for school districts or charter schools. The bill specifies that school districts are required to adopt prevention and early intervention strategies to reduce the need for early childhood and early elementary grade suspensions and expulsions. The bill expands the expelled and at-risk student services grant program to include services for preschool, kindergarten, and early elementary grade students and their families. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)