The act formalizes and establishes details concerning the process for an incarcerated individual (applicant) to apply for a commutation of sentence. The process includes the creation of a new position of an executive clemency representative. The executive clemency representative is responsible for coordinating all aspects of the applicant's application, including gathering information from the district attorney who prosecuted the applicant's case. The district attorney is responsible for notifying the victim and victim's family of the application. A list of factors is set forth that executive clemency board may consider when evaluating the applicant's application. The governor retains the ultimate decision-making authority whether to commute a sentence. The act appropriates $28,221 to the office of the governor from the general fund to implement the act. VETOED by Governor May 16, 2023 (Note: This summary applies to this bill as enacted.)
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The act requires that, for a statement made during a custodial interrogation to be admissible against the defendant in a criminal proceeding, the defendant must be advised of the following prior to making the statement: You have the right to remain silent; Anything you say can and will be used against you in a court of law; You have the right to consult a lawyer prior to questioning and have the lawyer present during questioning; If you cannot afford to hire a lawyer, a lawyer will be appointed to represent you before any questioning if you request one; and You can stop the interview and request to remain silent or request a lawyer at any time before or during questioning. APPROVED by Governor May 15, 2023 EFFECTIVE July 1, 2023 (Note: This summary applies to this bill as enacted.)
The bill prohibits a landlord from evicting a residential tenant unless the landlord has just cause for eviction. Just cause exists only when: A tenant or lessee is guilty of an unlawful detention of real property under certain circumstances described in existing law, as amended; or The tenant continues to fail to pay rent after the landlord provides the tenant timely written notice of such nonpayment; The tenant commits a substantial violation and does not cure it within 10 days after the landlord provides the tenant written notice of the substantial violation; Conditions exist constituting grounds for a no-fault eviction. The tenant refuses to allow the landlord to enter the residential premises after the landlord has provided written notice of such entry at least 48 hours before attempting such entry, unless the rental agreement specifies a longer period of advanced written notice; or The tenant refuses to sign a new rental agreement with terms that are substantially identical to the tenant's current rental agreement, so long as the landlord proffers the new rental agreement at least 30 days before the expiration of the current rental agreement. The following conditions constitute grounds for a no-fault eviction of a tenant, with certain limitations: Demolition or conversion of the residential premises; Substantial repairs or renovations to the residential premises; or Occupancy of the residential premises assumed by the landlord or a family member of the landlord; Expiration of time-limited housing operated by a mission-driven organization; and Withdrawal of the residential premises from the rental market for the purpose of selling the residential premises. With certain exceptions, a landlord that proceeds with a no-fault eviction of a tenant must provide relocation assistance to the tenant in the amount of 2 months' rent plus the amount of one additional month of rent if any of the following individuals reside in the residential premises at the time the landlord proceeds with the no-fault eviction: An individual who is less than 18 years of age or at least 60 years of age; A low-income individual; or An individual with a disability. If a landlord proceeds with an eviction of a tenant of a residential premises in violation of the new provisions, the tenant may seek relief as provided in existing laws concerning unlawful removal of a tenant. A landlord's failure to comply with the new restrictions on evictions is an affirmative defense for a tenant to an eviction proceeding. Existing law describes various circumstances under which a person is guilty of an unlawful detention of real property. The bill narrows the applicability of 2 such circumstances to apply to nonresidential and residential real property, respectively. The bill also adds 2 such circumstances, which are: When a tenant or lessee holds over upon the expiration of a residential rental agreement when the landlord has timely offered a new rental agreement with terms substantially identical to the current residential rental agreement and provided timely notice to the tenant; and When the landlord has provided the tenant timely notice of the landlord's plans to recover possession of the property for the landlord's own use and occupancy as a principal residence by the landlord or an immediate family member. Current law allows a tenant to terminate a tenancy by serving written notice to the landlord within a prescribed time period, based on the length of the tenancy, and for the purpose of such notices to quit a tenancy, certain provisions apply, including the following: Any person in possession of real property with the assent of the owner is presumed to be a tenant at will until the contrary is shown; No notice to quit is necessary from or to a tenant whose term is, by agreement, to end at a time certain; and Certain provisions concerning notices to quit do not apply to the termination of a residential tenancy if the residential premises is a condominium unit. The bill eliminates these provisions. Current law requires that, except when posting notices that are required by law or by a rental agreement, the management of a mobile home park must make a reasonable effort to notify a resident of the management's intention to enter the mobile home space at least 48 hours before entry. The bill changes this period from 48 hours to 72 hours. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The act permits the peace officers standards and training (P.O.S.T.) board to promulgate rules concerning persons who have deferred action status from the federal immigration and naturalization service or who have applied for asylum status (eligible immigrants) to be a certified peace officer or reserve peace officer. The act permits every law enforcement agency to amend its written firearms policy to allow an eligible immigrant to possess a firearm, so long as the firearms policy complies with federal requirements. The act authorizes an eligible immigrant to enroll in a training academy if the immigrant is employed by a law enforcement agency that has a firearms policy that allows an eligible immigrant to possess a firearm. APPROVED by Governor April 27, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
The bill specifies that a city may authorize the operation of an overdose prevention center within the city's jurisdiction for the purpose of saving the lives of persons at risk of preventable overdoses. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The act requires contracts between insurers or other persons and health-care providers regarding the delivery of health-care services to include a provision that prohibits the following actions if the actions are based solely on the health-care provider's provision of, or assistance in the provision of, reproductive health care or gender-affirming health-care services (legally protected health-care activity) in this state, so long as the care provided did not violate Colorado law: A medical malpractice insurer from refusing to issue, canceling or terminating, refusing to renew, or imposing any sanctions, fines, penalties, or rate increases for a medical malpractice policy (section 2); A health insurer from taking an adverse action against a health-care provider, including refusing to pay for a provided health-care service (section 3); A health insurer from refusing to credential a physician as a network provider or terminating a physician's status as a network provider (section 4); or A person or entity from terminating a health-care contract with a health-care provider, unless the person or entity is a religious organization and legally protected health-care activities conflict with the religious organization's bona fide religious beliefs and practices (section 25). Section 5 of the act protects an individual applying for licensure, certification, or registration in a health-care-related profession or occupation in Colorado (applicant), as well as a health-care professional currently licensed, certified, or registered in Colorado (licensee), from having the license, certification, or registration denied or discipline imposed against the licensee based solely on: The applicant's or licensee's provision of, or assistance in the provision of, a legally protected health-care activity in this state or another state or United States territory, so long as the care provided was consistent with generally accepted standards of practice under Colorado law and did not otherwise violate Colorado law; A civil or criminal judgment or a professional disciplinary action arising from the provision of, or assistance in the provision of, a legally protected health-care activity in this state or another state or United States territory, so long as the care provided was consistent with generally accepted standards of practice under Colorado law and did not otherwise violate Colorado law; The applicant's or licensee's own personal effort to seek or engage in a legally protected health-care activity; or A civil or criminal judgment against the applicant or licensee arising from the individual's own personal legally protected health-care activity in this state or another state or United States territory. Section 6 of the act prohibits a court, judicial officer, court employee, or attorney from issuing a subpoena in connection with a proceeding in another state concerning an individual who accesses a legally protected health-care activity in Colorado or an individual who performs, assists, or aids in the performance of a legally protected health-care activity in Colorado. Section 7 of the act prohibits the state from applying another state's law to a case or controversy heard in Colorado state court or giving any force or effect to any judgment issued without personal jurisdiction or due process or to any judgment that is penal in nature pursuant to another state's law if the other state's law authorizes a person to bring a civil action against another person or entity for engaging or attempting to engage in a legally protected health-care activity. If a medical malpractice action is brought in this state against a health-care provider regulated in this state or another state, section 8 of the act prohibits a court or arbitrator from allowing evidence or witness testimony relating to professional discipline or criminal or civil charges in this state or another state concerning the provision of, or assistance in the provision of, a legally protected health-care activity, so long as the care provided did not violate Colorado law. Section 9 of the act prohibits a peace officer from knowingly arresting or participating in the arrest of any person who engages in a legally protected health-care activity, unless the acts forming the basis for the arrest constitute a criminal offense in Colorado or violate Colorado law. Section 10 of the act prohibits the issuance of a search warrant to search for and seize any property that relates to an investigation into a legally protected health-care activity. Section 11 of the act prohibits a judge from issuing a summons in a case when a prosecution is pending, or when a grand jury investigation has started or is about to start, for a criminal violation of another state's law involving the provision or receipt of or assistance with accessing a legally protected health-care activity that is legal in Colorado, unless the acts forming the basis of the prosecution or investigation would also constitute a criminal offense in Colorado. Section 12 of the act prohibits the issuance of an ex parte order for wiretapping or eavesdropping to obtain any wire, oral, or electronic communication that relates to an investigation into a legally protected health-care activity. Current law allows for the extradition of a person who committed an act in this state that intentionally results in a crime in the state whose executive authority is making the demand, even though the accused was not in the demanding state at the time of the commission of the crime. Section 13 of the act requires the acts for which extradition is sought to be punishable by the laws of this state if the acts occurred in this state and prohibits the governor from surrendering a person charged in another state as a result of the person engaging in a legally protected health-care activity, unless the executive authority of the demanding state alleges in writing that the accused was physically present in the demanding state at the time of the commission of the alleged offense. Section 14 of the act requires a correctional facility or private contract prison incarcerating a person who is capable of pregnancy to, regardless of the person's ability to pay, ensure access to abortions by providing a pregnant person with information about abortion providers; referrals to community-based providers of abortions; referrals to community-based organizations that help people pay for abortions; and transportation to access an abortion; and ensure access to miscarriage management, including medication. Section 15 of the act adds a reproductive health-care services worker to the list of protected persons whose personal information may be withheld from the internet if the protected person believes dissemination of such information poses an imminent and serious threat to the protected person or the safety of the protected person's immediate family. Section 16 of the act prohibits the prosecution or investigation of a licensed health-care provider if the health-care provider prescribes an abortifacient to a patient and the patient ingests the abortifacient in another state so long as the abortifacient is prescribed or administered consistent with accepted standards of practice under Colorado law and does not violate Colorado law. Section 17 through section 20 of the act adds a protected health-care worker to the list of persons authorized to participate in the address confidentiality program. Section 21 of the act authorizes the attorney general to independently initiate and bring a civil and criminal action to enforce the "Reproductive Health Equity Act". Section 22 of the act prohibits a state agency from providing any information or using any government resources in furtherance of any out-of-state investigation or proceeding seeking to impose civil or criminal liability or professional sanction upon a person or entity for engaging in a legally protected health-care activity. Section 23 of the act prohibits a public entity from: Restricting any natural or legal person in performing, or prohibit any natural or legal person from providing, reproductive health care through the imposition of licensing, permitting, certification, or similar legislative or regulatory requirements that apply solely to providers of reproductive health care; or Prosecuting or otherwise criminally sanctioning any natural or legal person for providing, assisting in the provision of, arranging for, or otherwise assisting a person in accessing reproductive health care performed within the scope of applicable professional licensure and certification requirements. Section 24 of the act states the venue to enforce an action to under the provisions of the "Reproductive Health Equity Act" is in the Denver district court. Section 26 and 27 of the act require every local government that has adopted or adopts a zoning ordinance to recognize the provision of outpatient reproductive health care as a permitted use in any zone in which the provision of general outpatient health care is recognized as a permitted use. APPROVED by Governor April 14, 2023 EFFECTIVE April 14, 2023 (Note: This summary applies to this bill as enacted.)
Current law authorizes the general assembly to prescribe the conditions and manner under which a witness may be summoned to attend, to produce documents, or both, before a committee, or to either the house of representatives or senate. Joint rule 33 of the Colorado legislative joint rules of the senate and house outlines the current mechanism by which the general assembly exercises its investigatory authority and issues subpoenas. The bill authorizes the executive committee of the legislative council (executive committee) to create ad hoc investigatory committees and grants the executive committee the power to subpoena a witness, to take testimony under oath, and to assemble records, documents, and other evidence by subpoena duces tecum. The bill also requires the executive committee, if it decides not to issue a subpoena under its own discretion, to issue a subpoena if 30% or more of the voting members of an ad hoc investigatory committee, created by the executive committee, vote to require the executive committee to do so. The bill requires a subpoena issued by the executive committee to include: The name of the issuing body; The authority under which the subpoena is issued; The subject of the inquiry and a command to the person to whom it is issued to attend and give testimony at a time and place specified in the subpoena; or A command to the person to whom the subpoena is directed to produce books, records, documents, or other tangible evidence as the executive committee may require. The bill requires service of process to be made by a sheriff, the sheriff's deputy, or any other person who is at least 18 years of age and not interested in the proceeding. Service must be made by delivering a copy of the subpoena to the person named in the subpoena not later than 48 hours before the time specified for appearance in the subpoena unless, for good cause shown, a majority of the executive committee authorizes service within the 48-hour period. The bill allows any person subpoenaed by the executive committee to seek relief by providing the executive committee with a written statement indicating how such disclosure would be illegal or unduly oppressive or burdensome. The executive committee may consider any relief request but is not obligated to do so if it determines that the potential impact of the subpoena outweighs the burden imposed on the person subject to the subpoena. Any person who is issued a subpoena and is denied a request for relief by the executive committee may request that a district court in the county where the subpoena was served, the county of the residence of the witness or custodian served, or the city and county of Denver quash or limit the scope of the subpoena. The bill also permits any person who is subpoenaed by the executive committee to be represented by legal counsel. (Note: This summary applies to this bill as introduced.)
The act requires the department of corrections (department) to, for an inmate who was sentenced for a nonviolent felony offense, deduct earned time from the inmate's sentence for each accredited degree or other credential awarded by an institution of higher education to the inmate while the inmate is incarcerated or on parole, in the following amounts: 18 months of earned time for a master's degree and 2 years of earned time for a doctoral degree; One year of earned time for receiving an associate or baccalaureate degree; and 6 months of earned time for receiving a certificate or other credential that requires completion of at least 30 credit hours. The act requires the department to designate up to six regionally accredited institutions of higher education that may award a degree or credential to an inmate for which earned time must be deducted. The act requires the general assembly to annually appropriate to the department of higher education the savings incurred during the prior state fiscal year as a result of the release of inmates from correctional facilities because of earned time granted for completion of a higher education degree or credential. The appropriation to the department of higher education is for allocation to institutions of higher education that offer accredited programs in correctional facilities. APPROVED by Governor April 12, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
The act eliminates the requirement for a person who is lawfully residing in the state, a legal immigrant who is a resident of the state, or a documented individual to refrain from executing an affidavit of support for the purpose of sponsoring a documented individual while the person is receiving public services or medical assistance. County departments responsible for administering benefits programs under the department of health care policy and financing and the department of human services shall identify and review all current county guidance materials that reference a prohibition on sponsorship as a condition of eligibility for benefits and shall remove all such references from verbal and digital communications and from all physical materials currently provided to applicants or beneficiaries. APPROVED by Governor April 11, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
Current law allows insurance policies to be translated to and issued in a language other than English if the insurer certifies that the English-language policy that is translated complies with state insurance laws. Section 1 of the act requires the insurer to also certify that the policy has been correctly translated by a certified translator or, if a certified translator is not available to translate the policy to the particular language, by a qualified translator who certifies that the translation is correct. Section 2 requires insurers that issue commercial or personal automobile, homeowners', or renters' insurance policies to offer, make available, and issue the policy application, the policy, and related documents and forms in the same language that the insurer used in advertisements for the policy and to offer an applicant a form to select the applicant's language of choice for those documents. Section 2 also specifies remedies for an insurer's failure to comply with this requirement. APPROVED by Governor April 11, 2023 EFFECTIVE January 1, 2024 NOTE: This act was passed without a safety clause. (Note: This summary applies to this bill as enacted.)