2013 Legislative Update
Here’s our weekly legislative update. Several new bills were introduced this week including:
- SB 123 (Senator Steadman) : expands the number of offenses that are eligible for record sealing.
- HB 1156 (Rep Levy): creates a statewide pre-filing diversion program for adults
- HB 1160 (Rep Pabon): makes changes to the theft statute and sets crime levels at higher amounts
You can read more on each below. Bills are ordered in sequence, starting with Senate Bills (SB).
* * * * * * * *
SB 13-07 Concerning the Repeal Date of the Colorado Commission on Criminal & Juvenile Justice
Sponsors: Senator Morse (D) and Representative Waller (R)
CCJRC position: support
Description: The Colorado Commission on Criminal &
Juvenile Justice (CCJJ) has a repeal date of July 1, 2013. This bill
would eliminate the repeal date and continue the CCJJ. This bill is
based on a recommendation from the CCJJ.
Status: Passed Senate Judiciary Committee unanimously (5-0)
on 1/17. Will next be heard on Senate Appropriations Committee – not
yet calendared.
SB 13-014 Concerning the Use of Opiate Antagonists to Treat Persons Who Suffer Opiate-Related Drug Overdose Events
Sponsors: Senator Aguilar (D)
CCJRC position: support
Description: This bill would provide immunity from criminal
prosecution and immunity from civil liability if a person, acting in
good faith, administers an opiate antagonist to another person whom the
person believes to be suffering an opiate-related drug overdose. A
licensed health-care practitioner who is permitted by law to prescribe
or dispense an opiate antagonist shall be immune from criminal
prosecution for and is not liable for any civil damages resulting from
such prescribing.
Status: Scheduled in the Senate Health & Human Services Committee on 2/14 at 1:30pm in SCR 352
SB 13-123 Concerning Provisions That Improve The Reintegration Opportunities for Persons Involved in the Criminal Justice System
Sponsors: Senator Steadman (D) and Representative Levy (D)
CCJRC position: support-priority
Description: Under current law, drug convictions are
eligible for record sealing; this bill extends the eligibility for
sealing to most other crimes. Sets specific waiting periods, other
eligibility criteria, and procedures. The bill also provides that a
pardon issued by the governor waives all collateral consequences, unless
the pardon limits the scope.
Status: Scheduled in Senate Judiciary Committee on 2/13 at 1:30pm in SCR 356
HB 13-1014 Concerning the Taking of Newspapers
Sponsors: Representative Levy (D) and Senator Steve King (R)
CCJRC position: support
Description: The bill moves the crime of newspaper theft and
renames it interference with lawful distribution of newspapers. This
bill is based on a recommendation from the Commission on Criminal &
Juvenile Justice.
Status: Passed House Judiciary Committee 11-0 and passed House on 2nd reading on 2/1. Will next be voted on by full House in 3rd and final reading.
HB 13-1038 Concerning the Voting Rights of Individuals in the
Custody of the Division of Youth Corrections within the Department of
Human Services
Sponsors: Representative Rosenthal (D)
CCJRC position: support
Description: For youths confined in a juvenile facility in
the custody of the Division of Youth Corrections (DYC) who will be 18
years of age or older on the date of the next elections, this bill
requires the administrator of DYC facilities to provide information and
facilitate voter registration and voting by mail-in ballot.
Status: Passed the House State Veterans and Military
Affairs Committee 6-5 on 1/23. Will next be heard in House
Appropriations Committee on 2/8 at 7:30am in LSB-A.
HB 13-1082 Concerning Juvenile Delinquency Records
Sponsors: Representative Labuda (D)
CCJRC position: support
Description: This bill requires the court to initiate
expungement proceedings not more than thirty days after a juvenile’s
sentence is expired; however, for a juvenile adjudicated as an
aggravated juvenile offender or violent juvenile offender or adjudicated
for a felony offense of unlawful sexual behavior, the court shall
initiate expungement proceedings not more than five years after the
sentence is discharged. The bill also limits public access to arrest
and criminal records information to those juveniles adjudicated for a
class 1 felony or the crime of possession of a handgun by a juvenile.
Status: Assigned to House Judiciary Committee – not yet calendared
HB 13-1085 Concerning Changes to the Crimes Eligible for Possession of Weapons by Previous Offenders
Sponsors: Representative Buck (R) and Senator Renfroe (R)
CCJRC position: support
Description: Under current law, it is a crime for a person
convicted of any felony offense to possess a firearm. This bill would
limit the prohibition on possessing a firearm to those felony
convictions under the victim’s rights act, burglary, arson, or any
felony involving the use of force or the use of a deadly weapon.
Status: Will be heard in House Judiciary Committee on 2/5 at 1:30pm in HCR 112
HB 13-1114 Concerning Penalties for Persons Who Drive While Under the Influence of Alcohol or Drugs
Sponsors: Representatives Waller (R) and Fields (D)
CCJRC position: monitor
Description: In a DUI prosecution, if the driver’s blood
contains 5 nanograms or more of delta THC per milliliter in blood (based
on a blood test), such fact gives rise to a permissible inference that
the driver was under the influence. This bill is based on a
recommendation from the Colorado Commission on Criminal & Juvenile
Justice.
Status: Will be heard in House Judiciary Committee on 2/12 at 1:30pm in Old Supreme Court Chambers
HB 13-1129 Concerning Creating the Evidence-Based Practices Implementation for Capacity Resource Center
Sponsors: Representative Pettersen (D) and Senator Newell (D)
CCJRC position: support
Description: This bill creates a resource center in the
Division of Criminal Justice to promote evidence-based practices by
criminal justice agencies. An advisory board will oversee the resource
center which includes, at a minimum, the executive directors of the
department of public safety, department of corrections, the department
of human services, and the division of probation. The Division of
Criminal Justice will report to the General Assembly by July 1, 2014 and
every 3 years thereafter. This bill is based on a recommendation by
the Colorado Commission on Criminal & Juvenile Justice.
Status: Scheduled before the House Judiciary Committee on 2/12 at 1:30 in the Old Supreme Court
HB13-1148 Concerning Changes to Aggravated Sentencing Provisions
Sponsors: Representative Foote (D) and Senator Roberts (R)
CCJRC position: priority support
Description: This bill repeals the extraordinary risk
sentencing enhancer. Also adds certain child abuse crimes and stalking
crimes to the list of Crime of Violence offenses. This bill is based on
a recommendation by the Colorado Commission on Criminal & Juvenile
Justice.
Status: Will be heard in House Judiciary Committee on 2/19 at 1:30pm in HCR 112
HB13-1156 Concerning Creation of an Adult Diversion Program
Sponsors: Rep Levy (D) and Senator Steadman (D)
CCJRC position: priority support
Description: Creates a pre-filing diversion programs for
adults statewide. The district attorney is required to develop
eligibility guidelines and may enter into a diversion agreement with a
defendant for up to two years without filing a criminal case against the
defendant. This bill is based on a recommendation by the Colorado
Commission on Criminal & Juvenile Justice.
Status: Will be heard in House Judiciary Committee on 2/21 at 1:30pm in HCR 112
HB13-1160 Concerning Criminal Theft
Sponsors: Rep Pabon (D) and Senator King (R)
CCJRC position: priority support
Description: This bill repeals theft of rental property and
theft by receiving as separate statutes and incorporates these crimes
into the theft statute. It also changes the amount for various offense
levels. This bill is based on a recommendation by the Colorado
Commission on Criminal & Juvenile Justice.
Status: Will be heard in House Judiciary Committee on 2/21 at 1:30pm in HCR 112
Christie Donner, Executive Director
Pamela Clifton, Communications Coordinator
Ellen Toomey-Hale, Finance and Development Coordinator
John Riley, Coalition Coordinator
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