The act repeals the office of the judicial discipline ombudsman, effective July 1, 2027, which was established in 2023 to act as an independent and confidential advisor on judicial discipline procedures and workplace culture.(Note: This summary applies to this bill as enacted.)
The act clarifies an existing requirement for the criminal conviction of a property owner by requiring that one or more criminal charges be brought as a prerequisite to any nuisance abatement or forfeiture proceeding. Existing law provides an exception to the conviction requirement for noninnocent owners who are not subject to criminal charges that no criminal conviction is necessary of the nonowner criminal defendant if the plaintiff proves its case by clear and convincing evidence that the property subject to the forfeiture proceeding is traceable proceeds of the charged offense or related criminal activity. The act clarifies this exception to first require a conviction of the nonowner criminal defendant before the noninnocent owner's property may be forfeited, while retaining other various exceptions that allow forfeiture actions to proceed against the interest of a claimant. The act establishes a right for indigent civil asset forfeiture defendants to access forfeiture defense counsel and creates a procedure for the appointment of forfeiture defense counsel in nuisance abatement and forfeiture proceedings. The state court administrator shall enter into a contract for services with a private contractor who regularly provides legal services for indigent clients or litigants to provide a legal defense to a civil asset forfeiture proceeding. The private contractor is subject to certain reporting requirements. The act creates a forfeiture defense counsel fund (fund) to pay for contracted forfeiture defense counsel who are authorized to represent persons against whom a nuisance abatement or forfeiture proceeding has been filed in connection with criminal charges. The fund is capped at $500,000, and starting in state fiscal year 2027-28, no general fund money is allowed to finance the fund. The balance of the fund over $500,000 is credited to the law enforcement community services grant program fund. The act transfers any unexpended and unencumbered money from the law enforcement community services grant program fund to the forfeiture counsel defense fund. The act alters the disposition of property and proceeds ordered forfeited in a nuisance abatement or forfeiture action. Currently, forfeited property and proceeds are applied first toward restitution and cost recovery for a list of stakeholders, and of the remainder, 50% is granted to the local governmental body with authority over the seizing agency, 25% is granted to the local behavioral health administrative services organization, and 25% is granted to the law enforcement community services grant program fund. The act amends the disposition of the remainder so that 50% is granted to the local governmental body with authority over the seizing agency, 25% is granted to the fund, and 25% is granted to the local behavioral health administrative services organization. The act appropriates $556,750 to the judicial department from the fund for civil asset forfeiture defense contracting and $55,000 to the department of local affairs from the fund for civil asset forfeiture portal administration.(Note: This summary applies to this bill as enacted.)
SB 132, known as the "Magnus Law," requires Colorado law enforcement officers to offer drivers involved in collisions resulting in death or suspected serious injury the opportunity to voluntarily take a breath test for alcohol. The bill mandates officers provide clear, plain-language advisement that the test is voluntary, refusal carries no penalty, and results cannot be used in court. It applies when officers reasonably suspect the driver was at fault and the driver isn't critically injured, creating a standardized protocol to ensure consistent investigation of potential impairment at serious crash scenes. This change aims to preserve evidence that might otherwise be lost, without altering existing legal standards for driving under the influence.
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 requires the attorney general to submit to the peace officers standards and training board (P.O.S.T. board) a proposal by December 31, 2030, to update current basic, reserve, and refresher law enforcement training academy programs and improve the peace officer performance of future academy graduates. The act changes the makeup of the P.O.S.T. board by reducing the number of law enforcement head officials, reducing the number of non-law-enforcement persons, increasing the number of line officers, and adding representatives from law enforcement training academies and reserve officers. A person who has had their P.O.S.T. certification revoked is not eligible to serve on the P.O.S.T. board. The P.O.S.T. board is prohibited from approving skill instructors whose P.O.S.T. certification has been revoked for training academies and from approving training academies with an instructor whose P.O.S.T. certification has been revoked after September 1, 2026. The act requires that a person be at least 21 years old in order to be a certified peace officer. The act makes a peace officer academy full-time instructor eligible to attend P.O.S.T. certification classes funded with grant money, but the instructor is not eligible to receive individual grant funding from the P.O.S.T. board.(Note: This summary applies to this bill as enacted.)
The act creates a statutory cause of action for a person who has their federal constitutional rights violated by another person who, acting under color of law, is participating in civil immigration enforcement. A person who violates the United States constitution while participating in civil immigration enforcement and whose conduct was the proximate cause of violating another person's constitutional rights is liable to the person whose rights are violated for legal or equitable relief or any other appropriate relief. The action must be commenced within 2 years after the cause of action accrues. The act appropriates $125,604 to the department of law from the legal services cash fund to provide legal services for the department of personnel.(Note: This summary applies to this bill as enacted.)
Current law requires that, before an individual is permitted to act as a transportation network company (TNC) driver through the use of a TNC's digital network, the individual shall obtain a criminal history record check. The act requires that the TNC:If the TNC has at least 20,000 rides occurring monthly (large-scale TNC) on its digital network, pay for the required criminal history record check for an individual before the individual is permitted to act as a driver;Procure a privately administered criminal history record check for a driver at least once every 6 months after the initial criminal history record check;Share the results of each criminal history record check with the driver who is the subject of the record check; andProcure a privately administered criminal history record check if a person files a complaint against a driver with the TNC or the public utilities commission (commission) regarding specified allegations. The TNC shall pay the costs of the privately administered criminal history record checks. A TNC shall create a deactivation and suspension policy to initiate a review of a driver for deactivation within 7 business days if the TNC is notified through a complaint filed with the TNC or the commission or is contacted by the attorney general's office, a district attorney's office, or a law enforcement agency regarding certain allegations against the driver. A driver who has been deactivated may challenge the deactivation through the TNC's deactivation and suspension policy. The act requires the commission to create a process by rule for sharing information between TNCs regarding the deactivation of drivers. A TNC's deactivation and suspension policy must include meaningful human review of the permanent deactivation of a driver. The act requires a TNC to provide regular safety training to each driver and rider in accordance with rules adopted by the commission. If a person files a complaint against a TNC or a driver, the TNC shall respond to a subpoena or search warrant for information related to the complaint from a court, the attorney general's office, a district attorney's office, the commission, or a law enforcement agency no later than 72 hours after the request is made, unless the subpoenaing party agrees to a different deadline. The act requires the commission to adopt rules on or before June 1, 2028, establishing requirements for a TNC to ensure that a driver or rider may opt in to audio and video recording of each prearranged ride and integrate audio and video recording into the TNC's digital platform. A large-scale TNC shall not charge a fee or increase the cost of a prearranged ride solely on the basis of a rider opting in to audio and video recording of the prearranged ride. The commission shall also adopt rules regarding access to, ownership of, storage of, notification about, and deadlines for the implementation of the audio and video recordings, including different requirements for large-scale and small-scale TNCs. A provision in a contract between a TNC and a driver or rider is declared void as against public policy if the provision attempts or purports to waive specified rights. The act requires that, on or before February 1, 2027, and on or before February 1 each year thereafter, a TNC shall submit specified data related to incidents involving safety and discrimination to the commission, the attorney general, and each member of the general assembly. The act requires a TNC to develop policies to:Prevent imposter drivers, account sharing, and account renting;Prevent sexual assault, physical assault, and homicide against or committed by the TNC's drivers;Prohibit the transportation of an unaccompanied youth who is under 15 years old unless the youth is part of a duly authorized family account;Allow a driver to refuse a prearranged ride to an individual who is not authorized to use the account requesting the prearranged ride;Notify and train drivers and riders of any updates to TNC safety policies;Prohibit drivers from offering, selling, or providing food or beverages that are not factory-sealed to riders;Require drivers to report information regarding a conviction of or a plea of guilty or nolo contendere to specified offenses; andPrevent crimes committed against drivers by riders. A TNC is prohibited from:Altering the rating a rider assigned to a driver or the rating a driver assigned to a rider on a TNC's digital platform;Assigning an automatic or default driver rating that the rider did not assign; orAssigning an automatic or default rider rating that the driver did not assign. A TNC may delete ratings or reviews that are plausibly motivated by fraud or bias. A TNC shall not consider negative ratings or reviews that are motivated by fraud or bias in a review of a driver for deactivation or an internal deactivation reconsideration. A TNC is prohibited from collecting biometric data or biometric identifiers from a driver or rider without first obtaining the consent of the driver or rider. If a TNC collects biometric data or biometric identifiers from a driver or rider, the TNC shall comply with specified provisions of the 'Colorado Privacy Act' regarding biometric data and biometric identifiers. A TNC that violates the act may be assessed a civil penalty of not more than $1,500 per violation.(Note: This summary applies to this bill as enacted.)
The act requires the department of health care policy and financing and the behavioral health administration to publish on each department's website an easily accessible list of secure transportation providers that have contracts with managed care entities and behavioral health administrative services organizations, as applicable.(Note: This summary applies to this bill as enacted.)
Risk assessments assess a parolee's criminogenic needs and risk of recidivism and are used to guide parole supervision planning, identify appropriate interventions, and establish parole supervision levels or categories. The act requires the department of corrections (department) to establish a risk assessment quality review team to develop policies and implement practices that determine whether risk assessments are completed accurately and consistently and to ensure a sustained process of review and training. For its 'SMART Act' hearing beginning in 2027, and each year thereafter, the department is required to include information concerning reviewed risk assessments, including findings and measures implemented to mitigate recent high error rates in risk assessments. The act clarifies that risk assessment outputs are criminal justice records for purposes of public inspection. The act prohibits an agreement that prohibits the disclosure of information in a risk assessment output that is subject to disclosure under the law.(Note: This summary applies to this bill as enacted.)
Beginning June 1, 2027, a person convicted for the first time of certain offenses related to driving while under the influence of drugs or alcohol is required to hold an interlock-restricted license for a consecutive period of nine months following reinstatement of the person's driver's license prior to being eligible to obtain any other driver's license, except in limited circumstances. If a person's driving privileges have been revoked for one year or more because of a refusal related to certain offenses related to driving while under the influence of drugs or alcohol, current law authorizes the person to apply for early reinstatement with an interlock-restricted license after the driving privilege has been revoked for 2 months. Beginning June 1, 2027, the 2-month waiting period is repealed. Under current law, a financial assistance program (assistance program) is available to assist people who apply for an interlock-restricted license and are unable to pay the full cost of an approved ignition interlock device. The act restricts eligibility for the program to those who satisfy certain income criteria. A certified ignition interlock manufacturer (manufacturer) must provide a person who is eligible for the assistance program certain discounts on installation of, lease charges for, and removal of an interlock device. The manufacturer must provide certain information regarding the assistance program at the time the interlock device installation appointment is scheduled and when a person executes an interlock device lease or service agreement. The act appropriates $15,225 to the department of revenue to implement the act.(Note: This summary applies to this bill as enacted.)
