Rep. Jennifer Bacon

The bill prohibits a law enforcement officer or an agent who assists, cooperates with, or otherwise facilitates a custodial interrogation ( interrogation) with a juvenile (law enforcement official) from using deception and false facts or beliefs (deception) to obtain a statement or admission from the juvenile. Any statement or admission obtained during the course of a juvenile custodial interrogation in which a law enforcement official knowingly uses deception is presumptively inadmissible against the juvenile in an evidentiary hearing unless the prosecution proves by clear and convincing evidence that the statement or admission was made voluntarily. The bill requires law enforcement officials to electronically record all juvenile custodial interrogations.The bill instructs the P.O.S.T. board to develop an in-person interactive training program for peace officers on the uniform standards regarding interrogations of juveniles. The training must provide education for peace officers on juvenile development and culture and its impact on interrogations; interpreting juvenile behavior during an interrogation; techniques for building and establishing rapport during an interrogation; constructing age appropriate questions; and cautions and considerations for interrogating juveniles in custody. (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.)

Section 1 of the bill makes legislative findings. Section 3 prohibits a cigarette, tobacco product, or nicotine product (product) retailer from selling, offering for sale, advertising for sale, displaying, shipping, delivering, or marketing in the state any flavored product, and section 2 defines flavored product as a product imparting a taste or smell other than the taste or smell of tobacco. Section 3 also prohibits the sale, offer for sale, advertising for sale, displaying, or marketing of a synthetic nicotine product and section 2 defines synthetic nicotine as nicotine derived from a source other than tobacco. A retailer, manufacturer of products, or employee or agent of a retailer or manufacturer of products engages in conduct creating a rebuttable presumption that a product is a flavored product if the person makes a public statement or claim, uses text or images, or takes other action directed toward consumers indicating that the product has a taste or smell other than the taste or smell of tobacco. Section 3 exempts pipe tobacco products, premium cigars, and shisha tobacco from the prohibition, as well as exempting a cigar-tobacco bar located in a licensed gaming establishment.Section 4 imposes the same penalties for selling, offering for sale, advertising for sale, displaying, or marketing in the state any flavored product or synthetic nicotine product that apply to unlawful sales of products to minors.Section 5 amends the definition of product to include products containing synthetic nicotine. and section 2 defines synthetic nicotine as nicotine derived from a source other than tobacco.Section 6 directs the prevention services division in the department of public health and environment (department) to convene a working group to develop, implement, and administer a grant program to award 2-year grants to applicants who are able to provide evidence-informed and individualized wrap-around services in Sections 6 and 7 add to the tobacco education, prevention, and cessation grant program in the department of public health and environment the authority to award grant money to provide resources to communities disproportionately impacted by targeted tobacco and nicotine marketing and sales or by increased or minimally improved tobacco-use and nicotine-use prevalence rates. Section 6 also directs the general assembly to appropriate $10 million from the general fund to the department for the grant program. and by the prevalence of tobacco and nicotine product use. (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.)

To provide funding to improve economic conditions for Native Americans, if the federal government provides funding for the existing statutorily mandated and state-funded Native American tuition waiver program that allows a Native American who is either an enrolled member of an American Indian Tribal Nation or an Alaska Native Village recognized by the federal government or is a child or grandchild of such an enrolled member to attend Fort Lewis college on a tuition-free basis, the bill: Requires the statutorily mandated annual general fund appropriation to Fort Lewis college to pay the full cost of tuition for such students to be reduced by an amount equal to the amount of the federal funding; Requires an amount of general fund money equal to the amount of the reduction in the annual general fund appropriation to be appropriated to the commission of Indian affairs (commission); Requires the commission to use the money to contract with a Colorado-based nonprofit organization that has a primary mission of improving economic socioeconomic conditions for Indians for coordination, oversight, and provision of programs and grants that support that mission; andRequires the commission and the nonprofit organization that it contracts with to jointly convene an advisory group to advise the commission and the nonprofit organization in establishing initial guidelines for programs and grants to be coordinated, overseen, or provided by the nonprofit organization and to provide ongoing advice to the commission and the nonprofit organization concerning the provision of such programs and grants; and Requires the nonprofit organization to report to the commission regarding its implementation of the contract at least once per year and to detail in its reports how it has expended the money provided to it by the commission. (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 act authorizes a postsecondary institution to refuse to provide a transcript or diploma to a current or former student on the grounds that the student owes a debt for tuition, room and board fees, or financial aid funds, unless the student owes a debt other than a debt for tuition, room and board fees, or financial aid funds, or if the student can demonstrate that the transcript or diploma is needed for certain purposes. If a postsecondary institution provides a transcript or diploma to a current or former student, the act prohibits the postsecondary institution from: Conditioning the provision of a transcript or diploma on the payment of a debt, other than a fee charged to provide the transcript or diploma; Charging a higher fee to obtain a transcript or diploma or providing less favorable treatment in response to a transcript or diploma request because a current or former student owes a debt; or Using transcript or diploma issuance as a tool for debt collection. The act requires each postsecondary institution to adopt a policy that outlines the process by which a student may obtain a transcript or diploma and the circumstances under which a transcript or diploma may be withheld from a current or former student. Beginning July 1, 2024, the act requires each postsecondary institution to annually report certain information to the department of higher education concerning transcript, diploma, and registration holds. The act authorizes the student loan ombudsperson (ombudsperson) to provide information to the public regarding the limits on withholding a transcript or diploma and authorizes the ombudsperson and the administrator of the "Uniform Consumer Credit Code" (administrator) to receive complaints from a current or former student who has had a transcript or diploma withheld. Beginning January 2025, the act requires the attorney general's office to compile data on the complaints received by the ombudsperson and the administrator concerning transcript and diploma holds and report the data through the annual SMART act hearing. (Note: This summary applies to this bill as enacted.)

The act requires the division of criminal justice within the department of public safety (department) to annually report to the general assembly during the department's "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearings any significant data, including trends over time, regarding missing person cases in Colorado. The report must include specific information about missing person cases involving women from minority communities, which includes women from African-American, Black, Asian-American, Pacific Islander, Indigenous and tribal, Hispanic, Latino, and transgender communities, and information about missing person cases involving persons 50 years of age or older. The act requires any law enforcement agency to accept a missing person report submitted in person if the missing person is a Colorado resident or was last believed to be in Colorado. The act requires law enforcement agencies to accept a missing person report by telephone or other electronic media if accepting the report by those means is consistent with the agency's policies or practices. The act adds circumstances in which a law enforcement agency is not required to accept a missing person report. The act requires a law enforcement agency that receives a report of a missing adult to, within 8 hours after receiving the report, enter relevant information into the Colorado crime information center (CCIC) database and, as appropriate, contact other law enforcement agencies that may assist in locating the missing person. In the case of a reported missing child, a law enforcement agency must, within 2 hours after receiving the report, notify the Colorado bureau of investigation and enter any relevant information into the CCIC database. (Note: This summary applies to this bill as enacted.)

The act prohibits a person from openly carrying a firearm within any polling location or central count facility, or within 100 feet of a ballot drop box or any building in which a polling location or central count facility is located, while an election or any related ongoing election administration activity is in progress. The designated election official responsible for any central count facility, polling location, or drop box involved in that election cycle shall visibly place a sign notifying persons of the 100-foot no open carry zone for firearms. Exceptions are made for persons who own private property within the 100-foot buffer zone to carry a firearm on the private property; peace officers acting within the scope and authority of their duties to carry a firearm; and uniformed security guards employed by a contract security agency acting within the scope of the authority granted by and in the performance of a contractual agreement for the provision of security services with a person or entity that owns or controls the facility, building, or location. Openly carrying a firearm inside or within 100 feet of a polling location, central count facility, or drop box is a misdemeanor, punishable by a maximum $1,000 fine, up to 364 days imprisonment in the county jail, or both; except that, for a first offense, the fine shall not exceed $250 and the sentence of imprisonment shall not exceed 120 days. (Note: This summary applies to this bill as enacted.)

The bill allows courts and opposing counsel to raise objections to the use of peremptory challenges with the potential to be based on racial or ethnic bias in criminal cases. The bill provides a list of presumptively invalid reasons for peremptory challenges. Presumptively invalid reasons include: Having prior contact with law enforcement officers; Expressing distrust of law enforcement officers or a belief that law enforcement officers engage in racial profiling; Having a close relationship with an individual who has been stopped, arrested, or convicted of a crime; Residing in certain neighborhoods; Having a child outside of marriage; Receiving state benefits; or Speaking English as a second language. The bill requires appellate courts to hear peremptory challenge cases de novo and review a trial court's factual findings for substantial evidence. (Note: This summary applies to this bill as introduced.)

The act creates the Colorado startup loan program (program) in the office of economic development (office) as a revolving loan program to provide loans and grants to businesses seeking capital to start, restart, or restructure a business. The office must contract with a business nonprofit organization, bank, nondepository community development financial institution, or other entity to administer the program, and does not have direct lending authority to make loans under the program.The office or an administrator is required to establish policies for the program, including:The process and deadlines for applying to the program; The eligibility criteria for businesses; Maximum assistance levels for loans and grants; Loan terms, program fees, and underwriting and risk management policies; and Reporting requirements for recipients. The policies must be developed with the goal of generating enough return to replenish the Colorado startup loan program fund for further loan allocations.In determining the eligibility of applicants and the size and terms of loans and grants, the office or an administrator must consider:The need of the business to restructure as a result of the COVID-19 pandemic or the ability of the business to fill gaps left by closures resulting from the COVID-19 pandemic; The financial losses or other impacts from the COVID-19 pandemic that may inhibit an entrepreneur from obtaining capital through traditional sources; Whether the applicant or the applicant's community faces other barriers to accessing capital from traditional sources; and The applicant's financial needs and the likelihood the applicant would need to be supported by a nontraditional lender. If the administrator determines that an applicant would likely be eligible to receive a loan and may obtain more favorable terms from a traditional financial institution, the administrator must notify the applicant in a timely manner.The office is required to work with the minority business office and other stakeholders to promote the program to businesses that are owned by women, minorities, and veterans and to businesses in rural and underserved communities. By September 1, 2021, the office is required to develop and administer a marketing initiative for the program in coordination with the minority business office and other stakeholders.The act creates the Colorado startup loan program fund. The state treasurer is required to transfer $30 million from the general fund to the Colorado startup loan program fund on the effective date of the act. The money is continuously appropriated to the office for the program. In addition, $10 million is appropriated from the economic recovery and relief cash fund to the Colorado startup loan program fund. This money is continuously appropriated to the office to provide loans and grants through the program to respond to the negative impacts of the COVID-19 pandemic, subject to the requirements in state and federal law.(Note: This summary applies to this bill as enacted.)

Under current law, adults and juveniles can file motions for relief from collateral consequences. The act states that a motion can be filed related to convictions retroactively.The act allows the state public defender and the office of alternate defense counsel to apply for grants and accept gifts and donations for the purposes of representing defendants in record sealing proceedings. The state public defender and the office of the alternate defense counsel shall not accept a gift, grant, or donation if the gift, grant, or donation is conditioned on its use for sealing records for a specific identified individual or individuals. The state public defender and the office of the alternate defense counsel shall report on the receipt and expenditure of gifts, grants, and donations at its SMART act hearing.The act creates an automatic sealing process for arrest records when no criminal charges are filed. For arrest records on or after January 1, 2022, the Colorado bureau of investigation (CBI) shall seal arrest records in its custody and control after a year has passed without the filing of criminal charges. For arrest records before January 1, 2022, CBI shall seal arrest records for:Felonies with a 3-year statute of limitations if 3 years have passed since the date of arrest without the filing of charges; and Misdemeanors, traffic misdemeanors, petty offenses, or municipal violations with an 18-month statute of limitations or less if 18 months have passed since the date of arrest without the filing of charges. Felony arrest records with a statute of limitations of longer than 3 years or with no statute of limitations are not eligible for automatic sealing. The department of education can still access and use records sealed under these provisions.The act creates a process for a person with multiple conviction records that are eligible for sealing due to an intervening conviction to petition the court in a civil proceeding to have the records sealed. The district attorney has an opportunity to object, and if the district attorney objects, the court sets the matter for hearing to determine whether to seal the records.The act allows a person who receives a full and unconditional pardon to have his or her conviction record sealed.The act creates a process to automatically seal drug convictions. The state court administrator (administrator) shall compile a list of drug convictions eligible for sealing under current law, and seal the record:If the drug conviction is for a petty offense or misdemeanor, and at least 7 years have passed since the disposition of the case; or If the drug conviction is for a felony, and at least 10 years have passed since the disposition of the case. After the administrator compiles the list, the administrator shall send the list to the CBI for review and the bureau shall remove any convictions in which the identity of the defendant is unverifiable or convictions in which the defendant had another conviction during the waiting period. The bureau shall send its list to each district attorney in the state. The district attorney shall remove any convictions in which a condition of a plea was that the defendant agreed to not have the case sealed and convictions in which the defendant has pending criminal charges. Each district attorney shall send its amended list to the administrator. The administrator shall compile each of the lists into one list and sort the convictions by judicial district.The district attorney shall send the list to the chief judge for the judicial district and the courts of that judicial district shall enter sealing orders based on the list received.The administrator shall develop a website that allows defendants to confidentially determine whether the defendant's conviction has been sealed and information about how to receive a copy of the sealing order.The act appropriates from the general fund $300,605 to the judicial department to implement the act. The act appropriates $39,815 from the general fund to the department of public safety for the biometric identification unit.(Note: This summary applies to this bill as enacted.)