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The act clarifies that video and audio recordings (recordings) depicting an incident of a peace officer's use of force that resulted in death (incident) must be provided to the decedent's immediate family within 21 days after the incident regardless of whether there is a complaint of peace officer misconduct for the incident. The act requires the multi-agency team investigating the incident or the law enforcement agency that employs the peace officer who used force in the incident to notify the decedent's immediate family about the multi-agency team investigation into the incident within 24 hours after the scene of the incident is cleared. The notification must include the names of the law enforcement agencies that comprise the multi-agency investigating team and the status of the investigation. The act prohibits a peace officer participating in the investigation of a criminal matter involving an incident from making an extrajudicial statement on behalf of a law enforcement agency that the peace officer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding on the matter. Video of an incident produced for purposes of a community or critical incident briefing must include certain disclaimers, and narration or commentary must be limited to the facts of the incident.(Note: This summary applies to this bill as enacted.)
The act creates the 'Colorado Mandatory Lethality Assessment Act', which requires peace officers to conduct a lethality assessment when responding to a domestic violence incident and include the completed lethality assessment in the incident report. A peace officer is not required to administer a lethality assessment if a victim is unavailable, not at the scene, incapacitated, or if circumstances otherwise make the administration of the lethality assessment impossible or impracticable. If the lethality assessment indicates that an individual is a high-risk victim, or if the lethality assessment does not indicate a victim is high-risk but a peace officer determines an individual is a high-risk victim based on the totality of the circumstances, the peace officer is required to immediately contact a community-based victim's advocate either by phone or in person and provide the high-risk victim the opportunity to speak with the advocate. The act requires the attorney general's office, in consultation with a Colorado-based coalition that advocates for survivors of domestic violence, to develop a mandatory training for peace officers to learn how to administer the lethality assessment and provide victim referrals. No later than June 1, 2027, the attorney general is required to make the training available and offer assistance to law enforcement agencies in providing the training. Beginning July 1, 2027, the act requires each law enforcement agency to ensure that each peace officer employed by the agency has completed the mandatory training; except that a law enforcement agency that has provided training on the administration of lethality assessments prior to July 1, 2027, is not required to provide additional training. Beginning January 2028, and each January thereafter, the act requires the attorney general's office to report to the general assembly certain information related to lethality assessments conducted in the previous calendar year. No later than January 31, 2030, the domestic violence fatality review board shall evaluate the effectiveness of mandatory lethality assessments and referrals to resources and submit the evaluation to the general assembly. The act does not impose criminal, administrative, or civil liability on any person for an act or omission made in good faith related to administering a lethality assessment.(Note: This summary applies to this bill as enacted.)
The act implements the recommendation of the Colorado office of policy, research, and regulatory reform in the department of regulatory agencies in its sunset review and report by continuing the regulation of hemodialysis clinics and technicians for 11 years, until September 1, 2037.(Note: This summary applies to this bill as enacted.)
Full and Fair Funding of Public Schools. Currently in House.
For purposes of the 'Victim Rights Act', the act prohibits a defendant or alleged offender in the underlying case from being the 'lawful representative' of a victim or the victim's designee if the victim is a child or an at-risk adult. The act creates new rights for a victim under the 'Victim Rights Act', including the right to:Be notified by the district attorney if the district attorney receives a notice that a crime laboratory employee engaged in a wrongful action that includes a crime against the victim and a notice that an evidentiary hearing on post-conviction petition for relief is held;Request to be referred to by an abbreviation, pseudonym, initials, or another preferred name during hearings; andBe heard at a restitution assessment hearing.(Note: This summary applies to this bill as enacted.)
Supporting Law Enforcement. Currently in House.
Currently, the 'Workers' Compensation Act of Colorado' provides that certain cancers contracted by firefighters are considered occupational diseases presumed to have been a result of the firefighters' employment. A firefighter's employer or an insurer may rebut this presumption by showing by a preponderance of the medical evidence that the cancer did not occur on the job. The act expands the types of cancer that are considered occupational diseases and strengthens the rebuttable presumption to require an employer to show clear and convincing evidence that the cancer did not occur on the job. The act exempts firefighters who are employed by the state.(Note: This summary applies to this bill as enacted.)
In current law, the Colorado bureau of investigation (bureau) must remain open 12 hours a day, every calendar day except Christmas and Thanksgiving, to transmit requests for a background check to the national instant criminal background check system and search other databases. The act allows the bureau to determine its own hours of operation that best meet its business needs to timely transmit the background check requests. The act requires the bureau to immediately place in the processing queue a request for a background check and accept requests for a background check every calendar day except Thanksgiving and Christmas. Additionally, the act requires the bureau to submit a report every year to the house of representatives judiciary committee and the senate judiciary committee describing background check processing times, operating hours, system outages, and actions taken by the bureau to improve efficiency.(Note: This summary applies to this bill as enacted.)
For property tax years commencing on or after January 1, 2027, the act makes it a petty offense for a person, in connection with nonresidential property, to certify the truth and accuracy of information provided to the assessor in connection with property valuation when the information is not true and accurate as to every material matter. The act also makes it a petty offense for a person, in connection with nonresidential property, to willfully aid or assist in filing information that is fraudulent or false in connection with property valuation. The act specifies the sentencing requirements for a person convicted of a petty offense pursuant to the act and authorizes the county attorney to file and prosecute any action arising under the act in the county court of the county in which the property is located. If a court of competent jurisdiction finds that a taxpayer committed a petty offense pursuant to the act, the property owner is not entitled to penalty interest earned on any tax refund; the board of assessment appeals does not have the authority to determine whether a taxpayer has forfeited this right. Existing law requires a petitioner appealing either a valuation of rent-producing commercial real property to the board of assessment appeals or a denial of an abatement of taxes to the board of county commissioners to provide certain information to the board of equalization or to the board of county commissioners. The act requires the petitioner to provide information that is specific to the property at issue. For property tax years commencing on or after January 1, 2027, the act allows a county to file a motion with the board of assessment appeals noting the county's preference that a case appealing a decision of the board of assessment appeals be heard in district court. The act allows the petitioner to elect whether the case will be heard by the board of assessment appeals or the district court.(Note: This summary applies to this bill as enacted.)
The act creates the retail theft prevention advisory board (advisory board) in the division of criminal justice in the department of public safety (division). The advisory board shall develop procedures related to applying for a grant for the retail theft prevention grant program created in the act; review grant applications and award grants; collect and analyze data related to organized felony-level retail theft and gift card fraud trends, losses, prosecutions, and outcomes in Colorado; and develop policy recommendations in coordination with state and federal partners on how to combat felony-level retail theft and gift card fraud. The act creates the retail theft prevention grant program in the division. A state or local law enforcement agency, district attorney's office, multijurisdictional or regional task force, or tribal law enforcement agency may apply for a grant, which may be used to investigate and prosecute organized felony-level retail theft or gift card fraud; develop or invest in technology, data-sharing systems, and analytics tools to analyze felony-level retail theft and gift card fraud metrics; provide training and technical assistance to retailers or law enforcement agencies; and develop prevention and deterrence initiatives specific to felony-level retail theft and gift card fraud. Beginning January 2028, the act requires the division to annually report during its 'SMART Act' hearing certain information about the retail theft prevention grant program and felony-level retail theft in Colorado. The act extends the crime prevention through safer streets grant program (safer streets grant program) to November 1, 2029, and makes the retail theft prevention grant program an allowable use of the money appropriated for the safer streets grant program. On July 1, 2027, $200,000 of the unexpended and unencumbered money remaining at the end of the 2026-27 state fiscal year from the money appropriated for the safer streets grant program reverts to the general fund.(Note: This summary applies to this bill as enacted.)
The act requires the department of corrections (department) to furnish an individual being discharged from the department's custody a release allowance of at least $100, free of any deductions. Beginning by September 15, 2027, and annually thereafter, the department is required to collect and report discharge data, including the number of individuals released from department correctional facilities, the number and percentage of released individuals who received the release allowance, and the total amount of money spent on release allowances. The department must issue a report to the general assembly annually. The act repeals provisions requiring the department to give an individual a ticket to leave prior to discharging the individual from a correctional facility. The act requires eligible offenders to participate in the department's existing program to procure state-issued identification cards for offenders (program), unless the offender affirmatively opts-out of the program. Beginning by September 15, 2027, and annually thereafter, the department is required to collect data on the process of securing necessary identification documents to issue state identification cards and issue a report to the general assembly. The report must include the number and percentage of offenders released with an identification card, birth certificate, and social security number and the number and percentage of offenders who were ineligible to participate in the program and the reason for ineligibility. The department is prohibited from charging an offender a fee to obtain a state identification card, and any fee incurred in the process of securing an offender's identification documents to create the state identification card must be assessed after the offender has been released and may be consolidated with existing restitution, fees, or other legal financial obligations owed by the offender. The department of public health and environment shall assist the department in securing necessary identification documents.(Note: This summary applies to this bill as enacted.)
The act requires an entity that requires an individual to provide a social security number for a background check for a non-employment-based educational opportunity to accept an individual's taxpayer identification number in lieu of a social security number, including in clinical educational experiences for health-related academic programs, subject to certain exceptions. A licensed or certified hospital or covered school, or a state institution of higher education or local district college that offers a non-employment-based educational opportunity that involves work with a vulnerable population, shall accept either an applicant's taxpayer identification number or a fingerprint-based background check in lieu of a social security number. An applicant for a non-employment-based educational opportunity that involves work with a vulnerable population at a licensed or certified hospital or covered school, or a state institution of higher education or local district college, is permitted to have their fingerprints taken by a local law enforcement agency or an entity approved by the Colorado bureau of investigation for taking fingerprints for the purpose of a background check. A licensed or certified hospital or covered school, or state institution of higher education or local district college, must determine who pays the fee for the fingerprint-based background check. The attorney general is authorized to bring a civil action to enforce the provisions of the act. An entity that violates this act is subject to a civil penalty of $2,000 for the first violation and $5,000 for each subsequent violation.(Note: This summary applies to this bill as enacted.)