Criminal Justice

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.)

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.)

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.)

The act defines 3-dimensional printing to mean additive and subtractive manufacturing. The act prohibits knowingly manufacturing or producing a potentially functioning firearm, unfinished frame or receiver, large-capacity magazine, or rapid-fire device (firearm or firearm component) by 3-dimensional printing. The prohibition does not apply to a federally licensed firearm manufacturer, an instructor or student of an accredited gunsmithing program, or an institution that operates an accredited gunsmithing program. Unlawful 3-dimensional printing of a firearm or firearm component is a class 1 misdemeanor; except that a second or subsequent offense is a class 5 felony.     The prohibitions in the act only apply to potentially functional firearms and firearm components.(Note: This summary applies to this bill as enacted.)

The act adds a co-responder who is part of a co-responder community response to the list of community members who may petition the court for an extreme risk protection order. Health-care facilities, behavioral health treatment facilities, school districts, the state charter school institute, K-12 charter schools, private schools, and institutions of higher education are established as institutional petitioners that may petition a court for an extreme risk protection order.(Note: This summary applies to this bill as enacted.)