Under current law, it is a class 2 misdemeanor to practice the following professions without an active license, registration, or certification: Professional engineering, architecture, audiology, dentistry, direct-entry midwifery, medicine, physician assistant, anesthesiologist assistant, professional nursing, nursing home administration, optometry, pharmacy, pharmacy technician, and respiratory therapy. The act makes it a class 6 felony to practice any of these professions intentionally without a license, registration, or certification and fraudulently representing that the person has a license, certification, or registration. The act states the purposes of probation are to: Serve as a sentencing option and a response to crime in order to moderate and deter future criminal behavior and victimization; Support persons in behavior change through the coordination and provision of effective and individualized services which may include, but are not limited to, educational, therapeutic, restorative, and skill-building services; Hold persons accountable for their behavior through supervision and interventions that promote reparation of harm to the community and victims, which reparation includes, but is not limited to, restitution to victims; Serve as a cost-effective option for persons appropriate for community supervision; and Honor the statutory and constitutional rights of victims of crime. The act requires a probation officer to issue a summons when a probationer has allegedly violated a condition of probation or the officer is seeking probation revocation, with some exceptions. The act requires the state court administrator to develop a system of structured and individualized behavior responses to guide probation officers in determining how best to respond to probation violations. Under current law, when a parolee has a technical violation of parole, a brief period of confinement in a county jail may be imposed as a sanction. The act allows that confinement to also be served in a department of corrections facility. The act specifies that for a theft that involves public benefits, the value of the benefits involved for purposes of determining the level of the offense is calculated by the difference between the value of the benefits received and the value of benefits the recipient was eligible for. Under current law, it is illegal for someone to possess a firearm if the person was convicted of or adjudicated for a victim's right act crime that is a felony. The act adds more felony offenses to the convictions that prohibit a person from possessing a firearm. Under current law, it is illegal for someone to possess a firearm if the person was previously adjudicated for a victim's right act crime that is a felony offense. The act allows a person in that situation who has good cause for possessing a firearm to petition the court for an order determining that the crime does not apply to the person. The act appropriates $53,390 to the judicial department from the general fund and authorizes 0.7 FTE for probation programs. (Note: This summary applies to this bill as enacted.)
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The act declares that every individual has a fundamental right to use or refuse contraception; every pregnant individual has a fundamental right to continue the pregnancy and give birth or to have an abortion; and a fertilized egg, embryo, or fetus does not have independent or derivative rights under the laws of the state. The act prohibits state and local public entities from: Denying, restricting, interfering with, or discriminating against an individual's fundamental right to use or refuse contraception or to continue a pregnancy and give birth or to have an abortion in the regulation or provision of benefits, services, information, or facilities; and Depriving, through prosecution, punishment, or other means, an individual of the individual's right to act or refrain from acting during the individual's own pregnancy based on the potential, actual, or perceived impact on the pregnancy, the pregnancy's outcomes, or on the pregnant individual's health.(Note: This summary applies to this bill as enacted.)
Under current law, public money may be deposited in or invested with banks and savings and loan associations that are protected by the federal deposit insurance corporation. The bill permits the deposit or investment of public money with a credit union that is federally insured by the national credit union administration.Section 1 of the bill authorizes credit unions to make loans to public entities, and section 2 authorizes the state commissioner of financial services to assess each credit union for the cost of monitoring compliance with laws that protect public deposits.Section 4 renames the "Savings and Loan Association Public Deposit Protection Act" the "Credit Union and Savings and Loan Association Public Deposit Protection Act" (deposit protection act), and sections 5 through 13 add references to credit unions throughout the deposit protection act.Section 15 amends the law allowing public entities to use depositories that are federally insured to include credit unions.Sections 3, 14, and 16 through 24 make conforming amendments to statute to authorize public entities or officials to deposit money with federally insured credit unions and to reflect the renaming of the deposit protection act. (Note: This summary applies to this bill as introduced.)
Current law requires an injured employee or someone else with knowledge of the injury to notify the employer within 4 days after the occurrence of an on-the-job injury, authorizes a reduction in compensation to the injured employee for failure to timely notify the employer, and tolls the 4-day period if the employer has failed to post a notice specifying the injured employee's notification deadline. The act changes the 4-day notice period to a 10-day notice period and prohibits a loss of compensation if the employer had actual notice of the injury or good cause is shown for the employee's failure to timely report the injury. If an employer fails to provide a copy of the notice of the injury to the employee or fails to post the required notice to employees, the act specifies that the time period allotted to the employee to notify the employer of an injury is tolled for the duration of the failure. The act also changes the notice that an employer is required to post in the workplace to require that the notice state the name of the insurer and that the: Employer is required to have and pay for workers' compensation insurance; Injured employee has rights under the law if the employer fails to carry workers' compensation insurance; Employee should notify employer if injured; Injury must be reported to the employer; and Employee may file a workers' compensation claim. With regard to occupational diseases, the act also: Limits the ability of the director of the division of workers compensation to reduce compensation to an employee to circumstances where the employer does not have actual knowledge of the contraction of a disease or there is not good cause shown to provide timely notice of the disease; and Repeals the provision that states that an employer is deemed to waive a failure to give notice of an occupational disease or death resulting from the disease unless the employer objects at a hearing on the claim prior to any award or decision.(Note: This summary applies to this bill as enacted.)
The bill allows courts and opposing counsel to raise objections to the use of peremptory challenges with the potential to be based on racial or ethnic bias in criminal cases. The bill provides a list of presumptively invalid reasons for peremptory challenges. Presumptively invalid reasons include: Having prior contact with law enforcement officers; Expressing distrust of law enforcement officers or a belief that law enforcement officers engage in racial profiling; Having a close relationship with an individual who has been stopped, arrested, or convicted of a crime; Residing in certain neighborhoods; Having a child outside of marriage; Receiving state benefits; or Speaking English as a second language. The bill requires appellate courts to hear peremptory challenge cases de novo and review a trial court's factual findings for substantial evidence. (Note: This summary applies to this bill as introduced.)
The bill entitles a first-party claimant in a property and casualty insurance claim to reimbursement for the reasonable costs incurred to substantiate the claim if the claim was denied, in whole or in part, by the insurer and the first-party claimant then obtains a payment for a claim that was wholly denied or a payment in excess of any initial payment for a claim that was partially denied.(Note: This summary applies to this bill as introduced.)
The act subjects mortgage servicers to regulation by the assistant attorney general designated by the attorney general as the administrator of the "Uniform Consumer Credit Code". A "mortgage servicer" is a person that is responsible for servicing a Colorado residential mortgage loan. Regulation of mortgage services includes the requirements of notification, record keeping, payment of fees, compliance with applicable federal laws, reporting, examinations, inspections, and enforcement. A violation of the requirements is subject to enforcement by the administrator, which may include an order requiring the payment of refunds to injured consumers, penalties, costs, and attorney fees.$51,783 is appropriated from the uniform consumer credit code cash fund to the department of law to implement the act and is based on an assumption that the department will require 0.5 FTE to implement the act.(Note: This summary applies to this bill as enacted.)
The act creates the legislative oversight committee concerning tax policy (committee) and the associated task force (task force).The committee is required to annually define in writing, no later than the second meeting of the year, the scope of tax policy to be considered for the committee and the task force. The committee is responsible for considering the policy considerations contained in the tax expenditure evaluations prepared by the state auditor. The committee is responsible for the oversight of the task force. The committee may recommend legislative changes that are treated as bills recommended by an interim legislative committee.The task force is required to study tax policy within its scope as annually defined by the committee and is required to develop and propose for committee consideration any tax policy and legislative recommendations.The task force is also authorized, with approval from the committee chair in consultation with the committee vice-chair, to provide evidence-based feedback on the potential benefits or consequences of a legislative or other policy proposal not directly affiliated with or generated by the task force, including any bill or resolution introduced by the general assembly that affects tax policy.(Note: This summary applies to this bill as enacted.)