Colorado Bills

The bill gives a peace officer the authority to issue a summons and complaint for any offense committed in the officer's presence, or if not committed in the officer's presence, for any offense that the officer has probable cause to believe was committed and probable cause to believe was committed by the person charged, unless arrest is statutorily required or the offense is a crime of violence. The bill prohibits a peace officer from arresting a person based solely on the alleged commission of a traffic offense; petty offense; municipal offense; misdemeanor offense; a class 4, 5, or 6 felony; or a level 3 or 4 drug felony unless: A custodial arrest is statutorily required; The officer is unable to sufficiently verify the individual's identity absent a custodial arrest; The person was convicted for a violation of section 42-4-1301, Colorado Revised Statutes, in the previous 12 months; or The offense is a felony or a victims' rights crime, the offense includes an element of illegal possession or use of firearm, the offense constitutes unlawful sexual behavior, or the offense is a violation a temporary or regular extreme risk protection order, a violation of a credible threat to a school, or a violation of eluding in a vehicle and: The arresting officer records in the arrest documents a reasonable suspicion to conclude the person poses a threat to the safety of another, absent custodial arrest; or The arresting officer records in the arrest documents a reasonable suspicion to conclude the person has indicated a clear unwillingness to cease and desist in criminal behavior, absent custodial arrest. The bill prohibits a court from issuing a monetary bond for a misdemeanor offense; municipal offense; class 4, 5, or 6 felony; or level 3 or 4 drug felony unless the court finds the defendant will flee prosecution or threaten the safety of another and no other condition of release can reasonably mitigate the risk. The bill requires the court to issue a personal recognizance bond when the defendant fails to appear unless the defendant has failed to appear 3 or more times in the case. The bill requires the court to issue a personal recognizance bond in a failure to comply with conditions probation hearing unless it is based on a commission of a new crime. The bill authorizes sheriffs to actively manage their jail populations in order to keep the population as low as possible while maintaining community safety, including the authority to establish jail admission standards that include offense-based admission standards that limit jail admissions. (Note: This summary applies to this bill as introduced.)

The bill permits a civil action for deprivation of rights against a peace officer to be brought against a Colorado state patrol officer or Colorado bureau of investigation agent. The bill amends certain standards concerning use of force by a peace officer. The bill defines "intervene", for the purpose of a peace officer's duty to intervene. Furthermore, it amends the requirements that constitute a class 1 misdemeanor for failure of the duty to intervene. The bill requires that any suspension or revocation of a peace officer's certification is not effective until the peace officer has exhausted all internal, contractual, and legal rights to review, challenge, and appeal the underlying finding or decision. The bill includes agents employed by the Colorado bureau of investigation to the definition of "peace officers" for purposes of body-worn camera requirements. (Note: This summary applies to this bill as introduced.)

The bill modifies existing disclaimer statement requirements that must accompany any communication that is broadcast, printed, mailed, or delivered; placed on a website, streaming media service, or online forum for a fee; or that is otherwise distributed, that constitutes an independent expenditure made in excess of $1,000. Under current law, the disclaimer statement must identify a natural person who is the registered agent of the person paying for the communication if the person paying is not a natural person. The bill eliminates the requirement that this information be included in the disclaimer statement and instead requires that the information be provided to the appropriate officer as part of an existing written notice to be submitted by the person expending money for the independent expenditure. In the case of a nonbroadcast communication, including an online communication, such as campaign yard signs, campaign poster signs, and campaign billboard signs, the bill requires the secretary of state, by rule, to establish size and placement requirements for the disclaimer statement. The rules must allow a disclaimer statement to be of a sufficient type size to be clearly readable by the recipient of the communication. In addition, the rules must also specify that the maximum font size of the disclaimer must not exceed the requirements applicable to such disclaimers in campaigns for federal elected office as promulgated by the federal election commission. (Note: This summary applies to this bill as introduced.)

The bill allows a person who has been issued a penalty assessment for or has been convicted of a traffic infraction or traffic misdemeanor to make a donation of money or time to a nonprofit organization in lieu of paying the fine. The amount of fine that may be offset by a donation is limited to $500. (Note: This summary applies to this bill as introduced.)

Under current law, a physician is required to conduct an in-person physical examination of a person prior to certifying that the person would benefit from medical marijuana. The bill permits a physician to treat, counsel, and conduct appropriate personal physical examinations, in person or remotely via telephone or video conference, to establish a bona fide physician-patient relationship with a patient seeking a medical marijuana card. Under current law, retail marijuana stores are prohibited from selling retail marijuana and retail marijuana products online and to a person not physically present in the retail marijuana store's licensed premises. The bill repeals this prohibition. (Note: This summary applies to this bill as introduced.)

The property tax administrator is required by law to prepare and publish manuals, appraisal procedures, instructions, and guidelines (property tax materials) concerning the administration of the property tax. Beginning January 1, 2022, section 1 of the bill requires the administrator to conduct a public hearing on a proposed change to the property tax materials prior to submitting the proposed change to the advisory committee to the property tax administrator (advisory committee). The administrator must publish notice of the hearing and mail notice to those people who so request. At the hearing, interested persons may submit information and the administrator is required to consider these submissions. Any interested person may also petition the administrator for the issuance, amendment, or repeal of any property tax material. At least 2 weeks prior to the advisory committee reviewing a proposed change to the property tax materials, section 2 requires the property tax administrator to publish notice about the proposed change. Under current law, an assessor may, with the permission of the board of county commissioners, include an estimate of property taxes owed in a notice of valuation. Section 3 requires an assessor to include this estimate and allows the assessor to include a range of values. If in the consideration of a protest an assessor finds that he or she made a systematic error and the valuations of other similar properties are incorrect, section 4 requires the assessor to correct the error for the other similar properties.Sections 4 through 9 extend all deadlines related to protests of the valuation of real or personal property and for appeals to the county board of equalization to the same day of the following month. The deadline for a county assessor to report the total valuation for assessment of land and improvements within a county is likewise delayed.(Note: This summary applies to this bill as introduced.)

The bill allows a retailer to advertise, directly or indirectly, or imply, that the retailer will absorb or pay any or all sales or use tax on purchases of tangible personal property or services sold. (Note: This summary applies to this bill as introduced.)

The bill prohibits a legal entity that targets products or services to people in Colorado (covered entity) from collecting, storing, or using biometric identifiers of a Colorado consumer unless it: Provides the consumer with information about what biometric identifiers are collected; Obtains the consent of the consumer to the collection, storage, or use of the biometric identifiers; and Informs the consumer that the consumer can revoke consent at any time and how to do so. If a consumer revokes consent to collect, store, or use biometric identifiers, the covered entity is required to cease collection within 30 days and to delete or destroy any biometric identifiers it has stored. A violation of the bill's requirements is an unfair or deceptive trade practice. A governmental entity is prohibited from acquiring, possessing, or using biometric identifiers or a biometric surveillance system unless authorized by statute. A governmental entity is prohibited from selling, releasing, or publicly disclosing biometric identifiers or information from a biometric surveillance system in its possession and from buying or otherwise receiving such information from a third party, unless: The sale, disclosure, or receipt of the information is necessary to comply with a court order or rule or with state or federal law; or The person who is the subject of the information consents in writing. An individual can bring a private right of action against a governmental entity that violates the bill's requirements. Upon a finding of a violation, a court can award actual damages, punitive or exemplary damages, reasonable attorney fees and costs, and other relief. "Biometric identifier" is defined to include a retina or iris scan, a voice print, a face print, a fingerprint or palm print, or any other unique identifying information based on an individual's immutable characteristics. (Note: This summary applies to this bill as introduced.)

The bill allows the state department of human services (state department), along with the child care allocation workgroup, to consider a utilization factor. This utilization factor would enable the state department to consider the volume of the eligible population and the service delivery cost to each county department of human or social services (county department) when allocating and distributing money for the Colorado child care assistance program (CCCAP). The bill further allows a county department to set its own eligibility levels for CCCAP, expressed as a percentage of the federal poverty level.(Note: This summary applies to this bill as introduced.)

The bill prohibits an employer, including a licensed health facility, from taking adverse action against an employee or an applicant for employment based on the employee's or applicant's COVID-19 immunization status. The bill allows an aggrieved employee or applicant for employment to file a civil action for injunctive, affirmative, and equitable relief and, if the employer or health facility acted with malice or wanton or willful misconduct or has repeatedly violated the law, the court may also award punitive damages and attorney fees and costs. Additionally, the bill specifies that the COVID-19 vaccine is not mandatory, that the state cannot require any individual to obtain a COVID-19 vaccine, and that government agencies and private businesses, including health insurers, cannot discriminate against clients, patrons, or customers based on their COVID-19 vaccination status. A person aggrieved by a violation of these prohibitions may file a civil action for injunctive and other appropriate relief and may be awarded punitive damages and attorney fees and costs for wanton, willful, or repeated violations. (Note: This summary applies to this bill as introduced.)

Under current law, a retail marijuana store licensee may have a marijuana delivery permit associated with its store license. The bill requires the store to be open at least 5 days a week and at least 5 hours a day to have a delivery permit. The bill limits delivery sales to only retail marijuana, retail marijuana products, or branded merchandise that is available for sale from the retail marijuana store and requires the prices to be the same as the in-store price. The bill prohibits an online platform from holding pre-paid accounts for a licensed retail marijuana store. The bill waives the licensing fee for a transporter applicant who is a social equity licensee. The bill prohibits a medical or retail marijuana business operator from engaging in the delivery of regulated marijuana. (Note: This summary applies to this bill as introduced.)