Sen. Rhonda Fields

The constitution guarantees all persons the right to bail pending disposition of charges, with exceptions for capital offenses and crimes of violence under certain circumstances. The concurrent resolution amends the Colorado constitution to add an exception for the offense of murder in the first degree when proof is evident or presumption is great. (Note: This summary applies to this concurrent resolution as adopted.)

Under current law, "crimes of violence" are subject to enhanced sentencing. The act adds human trafficking of an adult or a minor for the purpose of involuntary servitude and human trafficking of an adult or a minor for sexual servitude to the list of crimes of violence that are subject to enhanced sentencing. Under current law, it is an affirmative defense to a charge of human trafficking for sexual servitude if the person being charged can demonstrate by a preponderance of the evidence that, at the time of the offense, the person was a victim of human trafficking for sexual servitude who was forced or coerced into engaging in the human trafficking of minors for sexual servitude. The act extends the affirmative defense if the person was forced or coerced into engaging in human trafficking for sexual servitude and removes the preponderance of evidence standard. The act makes the statute of limitations for human trafficking of an adult or a minor for the purpose of involuntary servitude and human trafficking of an adult for sexual servitude 20 years. The act does not change the unlimited statute of limitations for human trafficking for sexual servitude of a minor. APPROVED by Governor April 11, 2024 EFFECTIVE April 11, 2024(Note: This summary applies to this bill as enacted.)

The act requires a district attorney's office, or the office's designee, to consider the use of a juvenile diversion program (program) to prevent a juvenile who demonstrates behaviors or symptoms consistent with an intellectual and developmental disability, a mental or behavioral health issue, or a lack of mental capacity from further involvement in formal delinquency proceedings. Current law allows programs to use the results of an approved and validated assessment tool to identify the appropriate diversion services a juvenile may need and the professionals who may provide the services. The act adds behavioral health services and services for juveniles with developmental disabilities to the types of services a juvenile may need and adds behavioral health treatment providers and providers who offer services to juveniles with developmental disabilities to the list of professionals who may provide the appropriate diversion services. If an adult defendant's competency is raised or a defendant is found incompetent to proceed, the act allows the defendant to enter into a diversion agreement with the consent of the district attorney and the court if the court finds that the defendant has the ability to participate and is advised of the potential consequences of failure to comply. The defendant's entrance into the diversion agreement does not waive the issue of competency to stand trial if there is a violation of the diversion agreement and proceedings on the charges resume. The diversion agreement alone is not evidence of competency. APPROVED by Governor March 22, 2024 EFFECTIVE March 22, 2024(Note: This summary applies to this bill as enacted.)

Under current law, the division of veterans affairs (division) in the department of military and veterans affairs has a duty to supervise county veterans service offices (county offices). The act changes the division's duty to instead monitor county offices. The act changes procedures for the division's payment to counties for the performance of certain veterans services, and requires the division to convene a working group that includes county commissioners to develop a method for distributing state-funded payments. Under current law, the board of county commissioners (board) appoints all veterans service officers and staff for county offices. The board is required to appoint a county veterans service officer, and may authorize the appointed county veterans service officer to hire additional county veterans service officers and staff as the board finds necessary. Under current law, a county veterans service officer is required to have certain military qualifications. The act requires only an appointed county veterans service officer to have these military qualifications. The act adds state certification and United States department of veterans affairs accreditation requirements in order to be a county veterans service officer and for a county veterans service officer to be eligible to serve as a claimant's representative and to assist a veteran claimant with the preparation, presentation, or prosecution of a claim for a United States department of veterans affairs benefit. APPROVED by Governor March 22, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

The bill allows a preschool, public school, or public college or university student to wear and display religious or cultural regalia at a graduation ceremony. The bill prohibits a preschool, school, or public college or university from restricting what a student may wear under the student's required graduation attire. The bill allows a preschool, school, or public college or university to prohibit a student from wearing or displaying an item that is likely to cause substantial disruption of, or material interference with, a graduation ceremony, but the prohibition must be the least restrictive means necessary to accomplish a specifically identified important government interest. Prior to the start of the 2024-25 school year, the bill requires a preschool, school, and public college or university to develop and adopt a policy that aligns with the requirements of this bill. (Note: This summary applies to this bill as introduced.)

Subject to limited exceptions, current law requires that a victim's name and identifying information be deleted from criminal justice records released to the public if the person was a victim of certain sexual offenses. The act permits the release of unredacted records to the named victim, victim's designee, or victim's lawful representative. Subject to limited exceptions, current law requires that a child's name and identifying information be deleted from criminal justice records released to the public if the child was a victim of or witness to a criminal offense. The act permits the release of unredacted records to the office of the state public defender, the office of the alternate defense counsel, the office of respondent parents' counsel, the office of the child's representative, municipal attorneys, county attorneys, and a named child victim's lawful representative. This release requirement must be implemented by July 1, 2024. The act clarifies that changes in 2023 to the law related to records of child victims and child witnesses apply to records pertaining to offenses committed on or after January 1, 2024. For records pertaining to earlier offenses, the law in effect prior to January 1, 2024 applies. APPROVED by Governor February 20, 2024 EFFECTIVE February 20, 2024(Note: This summary applies to this bill as enacted.)

The act repeals and reenacts law originally enacted by House Bill 23B-1002, concerning an increase in the earned income tax credit for income tax year 2023, and, in connection therewith, making an appropriation, to increase the amount of the earned income tax credit that a resident individual may claim on the resident individual's state income tax return for 2023 only from 25% to 50% of the federal credit claimed on the resident individual's federal income tax return. The increase in the amount of the credit is a one-time mechanism for refunding excess state revenues for the 2022-23 state fiscal year that are required to be refunded in the 2023-24 state fiscal year. For the 2023-24 state fiscal year, the act appropriates $51,483 from the general fund to the department of revenue and reappropriates $516 of that amount to the department of personnel for implementation of the act. APPROVED by Governor January 31, 2024 EFFECTIVE January 31, 2024(Note: This summary applies to this bill as enacted.)