Current law disqualifies a person convicted of committing a sexual offense against a child from being a school director of a school district, commonly known as a school board member. The bill adds convictions for crimes of violence and for felony drug offenses involving distribution, manufacturing, dispensing, or sale of a controlled substance to the list of offenses that disqualify a person from being a school board member. The bill specifies that a person is disqualified only for crimes of violence offenses and felony drug offenses committed when the person was an adult and when fewer than 10 years have passed since the person satisfied every aspect of the sentenced imposed for the conviction, including incarceration, financial penalties, and parole .(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill codifies an individual's right to own, possess, and use a firearm to the maximum extent permissible by the state and federal constitutions. Extreme risk protection orders and temporary extreme risk protection orders are repealed.(Note: This summary applies to this bill as introduced.)
The act defines critical infrastructure material as any component or part used in covered infrastructure that is made of or contains a commodity metal, the theft of which poses an imminent threat to life or the physical safety of a person, including through serious harm to the basic supply of covered infrastructure to the population or to the exercise of a core function of covered infrastructure. The act adds critical infrastructure materials to regulations in existing law on the sale and possession of commodity metals. The act prohibits an owner, keeper, or proprietor (owner) of a junk shop, junk store, salvage yard, or junk cart or other vehicle, and every collector of or dealer in junk, salvage, or other secondhand property who buys a critical infrastructure material (buyer) from paying cash for the critical infrastructure material unless the seller is paid by means of any process in which a picture of the seller is taken or the transaction is worth less than $300. The act prohibits a buyer from possessing critical infrastructure material without an affidavit from the seller or donator of the commodity metal. Unlawful possession of critical infrastructure materials is a class 2 misdemeanor if the amount is less than $1,000, a class 2 misdemeanor if the amount is $1,000 to $2,000, and a class 6 felony if the amount is $2,000 or more. A buyer who unknowingly takes possession of critical infrastructure material as part of a load of otherwise noncritical infrastructure materials with an affidavit stating they can transfer the noncritical infrastructure material has a duty to notify the appropriate law enforcement agency or municipal code enforcement agency. Failure to report stolen critical infrastructure materials is a class 2 misdemeanor if the amount is less than $1,000, a class 2 misdemeanor if the amount is $1,000 to $2,000, and a class 6 felony if the amount is $2,000 or more. An owner of a junk shop, junk store, salvage yard, or junk cart must make their book or register available to a law enforcement agency or municipal code enforcement agency upon request. The act modifies existing criminal penalties related to the theft of commodity metals so that it is a class 6 felony for any amount that is $2,000 or more.(Note: This summary applies to this bill as enacted.)
Under current law, any material, compound, mixture, or preparation that is a controlled substance analog that is substantially similar to the chemical structure of a controlled substance in schedule II (analog to a schedule II controlled substance) is treated as a controlled substance in schedule II.The bill authorizes the governor to temporarily classify a material, compound, mixture, or preparation as an analog to a schedule II controlled substance, subject to conditions.(Note: This summary applies to this bill as introduced.)
The act permits a county or municipal jail (local detention facility) to conduct a strip search of a person who is detained in the local detention facility, only:When the facility is conducting intake of the detained person who has come in from outside the facility and a strip search upon intake is part of the detention facility's policy;When 2 personnel of the facility have determined and reasonably believe the detained person is concealing a controlled substance, a dangerous instrument, or contraband; or Under a circumstance or set of conditions in which there has been a prior incident of possession of a controlled substance, a dangerous instrument, contraband, or any other item that creates grave danger to property or injury to persons and substantially obstructs the performance of the institutional functions of the local detention facility, the circumstance or set of conditions give rise to a substantial likelihood that a similar incident may occur again, and the local detention facility has a written policy authorizing a strip search under the circumstances or set of conditions. The act requires that each local detention facility document the number of, reason for, and results of a strip search in a report that each facility must submit annually to the jail standards advisory committee and the Colorado attorney general. The act requires detention facility personnel to record strip searches via body-worn camera and limits access to the recordings. The act requires each sheriff to coordinate with the sheriff's body-worn camera vendor to implement a tag for strip searches in body-worn camera footage tagging options and ensure that strip search footage has the most restrictive level of access available within the sheriff's body-worn camera system. The act requires local detention facilities to have a policy detailing staff protocol for responding to suspected, alleged, or witnessed sexual abuse and requires staff to report suspected, alleged, or witnessed sexual abuse. The act creates whistleblower protection policies for jail staff and creates a right of action against a local detention facility for a staff member who was subject to an adverse employment action because the staff member disclosed information to the proper supervising authority about sexual abuse or sex-based harassment in the local detention facility. The act requires local detention facilities to inform prisoners of their rights and the resources available to them if they are a victim of sexual abuse while in jail and allow sexual assault advocates to access prisoners who request advocacy services. The act requires local detention facilities to designate a 'Prison Rape Elimination Act of 2003' (PREA) coordinator and requires jails to provide the coordinator's contact information to prisoners and the public. The act requires the removal of peace officers standards and training board (P.O.S.T. board) certification from any peace officer who is found by an administrative law judge, hearing officer, or internal investigation to have sexually abused a prisoner in a local detention facility. The act appropriates $38,916 to the department of law from the P.O.S.T. board cash fund for P.O.S.T. board support.(Note: This summary applies to this bill as enacted.)
The bill repeals various state laws related to firearms and other weapons. Specifically, the bill repeals provisions concerning:Unlawfully carrying a firearm at a polling location or drop box offense;The presumption that an individual engages in election-related intimidation if the individual carries a visible firearm, imitation firearm, or toy firearm while interacting with or observing specified election activities;Firearm industry standards of responsible conduct enacted in Senate Bill 23-168, enacted in 2023, and the bill restores the firearms product liability provisions that existed prior to the enactment of Senate Bill 23-168;Payment processing for retail sales of firearms;Designating as peace officers the following personnel of the firearms dealer division within the department of revenue: The director, deputy directors, agents in charge, criminal investigator supervisors, and criminal investigators;Including in a mandatory criminal protection order a requirement for a defendant to relinquish firearms and ammunition;The classification of a rapid-fire device as a dangerous weapon;Prohibitions on knowingly carrying a firearm in specified government buildings and licensed child care centers;Unlawfully carrying a concealed weapon;Unlawfully possessing explosive, incendiary, or other dangerous devices in certain legislative buildings;Unlawfully carrying a firearm at a licensed child care center; a public or private elementary, middle, junior high, high, or vocational school; or a public or private college or university;Requirements to store a firearm, including in a vehicle;The requirement for the department of public health and environment to conduct a firearms safe storage education campaign;Prohibitions on certain conduct involving an unserialized firearm, frame, or receiver;The requirement to conduct a background check on the transferee in a private firearm transfer;Setting the minimum age to buy a firearm at 21 years old;The 3-day waiting period for firearm sales;Certain prohibited activity involving semiautomatic firearms, including the prohibition on purchasing a firearm without having completed certain educational requirements, and the associated firearms training and safety course record system;Ammunition sales;Permitting local entities to prohibit carrying a concealed handgun in certain areas;Prohibiting the possession of certain ammunition magazines, and marking requirements on certain ammunition magazines manufactured in Colorado on or after July 1, 2013;The requirement to have a state permit to deal firearms in Colorado and the requirements for dealers and dealers' employees;Gun show regulations;Providing materials about gun violence prevention to parents with students in K-12 schools;The authority of the Colorado bureau of investigation to investigate particular illegal activity involving firearms statewide;The voluntary waiver of the right to purchase a firearm; andThe authority of a local government to enact an ordinance, regulation, or other law governing or prohibiting the sale, purchase, transfer, or possession of a firearm, ammunition, or firearm component or accessory.The bill repeals the office of gun violence prevention.As part of the repeals described above, the firearms training and safety course cash fund is repealed and the voluntary waiver of the right to purchase a firearm program, which is funded by gifts, grants, and donations, is repealed. The bill directs the state treasurer to return the money in the firearms training and safety course cash fund to the persons who paid fees into the fund and to return to the grantors and donors the balance of the gifts, grants, and donations made in support of the voluntary waiver of the right to purchase a firearm program.(Note: This summary applies to this bill as introduced.)
Under current law, a person may be arrested and detained for level 1 drug misdemeanor possession. The act requires that when a colorimetric field drug test was used to test for the presence of a controlled substance and a person is solely suspected of a level 1 drug misdemeanor for possession or solely suspected of a municipal drug possession charge, a peace officer shall not arrest the person and instead shall issue a summons. The act also requires that when a colorimetric field drug test was used, before accepting a plea from a person charged with a drug possession for level 4 drug felony possession and lower, the trial court is required to issue an advisement with specified language, including language stating that colorimetric field drug tests have known error rates and that the defendant has the right to enter a not guilty plea and to request drug testing from an accredited forensic laboratory.(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.)
