H.B. 10-1090: Jail Sentence Driving Under Restraint
The act eliminates the mandatory 5-day jail sentence for a person who is convicted of driving a motor vehicle or off-highway vehicle upon any highway of the state with knowledge that his or her license or privilege to drive, either as a resident or a nonresident, is under restraint for any reason other than conviction of driving under the influence (DUI), DUI per se, driving while ability impaired, habitual user, or underage drinking and driving. The act eliminates the requirement that a court require an offender to immediately surrender his or her driver's license or instruction permit upon entry of a plea of guilty or nolo contendere to a driving-under-restraint violation. A court still must require an offender to immediately surrender his or her driver's license or instruction permit upon a verdict or judgment of guilt for a driving-under-restraint violation.
APPROVED by Governor March 29, 2010 EFFECTIVE August 11, 2010
View Bill: H.B. 10-1090 PDF
H.B. 10-1096: Designate VIN Inspectors
Currently, only peace officers are allowed to perform certified vehicle identification number inspections. County sheriffs and municipal police chiefs will be allowed to certify additional individuals to perform the inspections if the individuals complete the inspection training provided by the peace officers standards and training board. The individuals must also be employees or bona fide representatives of a county or municipality and must pass fingerprint and background checks.
APPROVED by Governor May 20, 2010 EFFECTIVE August 11, 2010
View Bill: H.B. 10-1096 PDF
H.B. 10-1097: Tempory Injunction Child Custody Cases
The act creates a temporary injunction, upon personal service on the respondent, in paternity proceedings and in proceedings involving the allocation of parental responsibilities that are not brought as part of a divorce or legal separation action.
The temporary injunction created in the act enjoins both parties from:
- Removing a minor child from the state without the consent of the other party or order of the court;
- Molesting, or disturbing the peace of, the other party; and
- Canceling, modifying, terminating, or allowing to lapse for nonpayment of premiums, without at least 14 days' advance notification and the written consent of the other party or order of the court, a health or life insurance policy that provides coverage to a minor child or names a minor child as the beneficiary of the policy.
Either party may seek a modification of the temporary injunction from the court or through the consent of the other party.
The temporary injunction remains in effect for 120 days in paternity proceedings, unless the 120-day period is modified by the parties or by the court. In proceedings involving the allocation of parental responsibilities, the temporary injunction remains in effect until the court enters the final decree, dismisses the petition, or enters a further order modifying the injunction.
The act clarifies the enforcement procedure for peace officers responding to an alleged violation of the part of the temporary injunction that restrains a party from molesting, or disturbing the peace of, the other party.
Proceedings initiated by grandparents seeking parenting time only, and proceedings initiated by a delegate child support enforcement unit pursuant to the "Colorado Child Support Enforcement Act," the "Colorado Administrative Procedure Act for the Establishment and Enforcement of Child Support," or the "Uniform Interstate Family Support Act" are excluded from the temporary injunction created in the act.
The temporary injunction applies upon personal service of a respondent in cases filed on or after August 15, 2010.
APPROVED by Governor March 25, 2010 EFFECTIVE August 15, 2010
View Bill: H.B. 10-1097 PDF
H.B. 10-1347: DUI Penalties
The act adjusts the penalties for second offenses of driving under the influence (DUI), DUI per se, habitual user, and driving while ability impaired (DWAI) and creates new penalties for third and subsequent offenses of DUI and DWAI.
In sentencing persons for DUI, DWAI, DUI per se, and habitual user, courts are encouraged to require the use of approved ignition interlock devices by persons as a condition of bond, probation, and participation in work, educational, and medical release programs.
An approved alcohol or drug treatment facility may not require a person to repeat any portion of an alcohol or drug treatment program that he or she has successfully completed while he or she was imprisoned.
For the 2010-11 fiscal year, the act makes the following appropriations:
- $438,518 and 7.3 FTE from the general fund to the judicial department, probation and related services for probation programs; and
- $249,750 from the persistent drunk driver cash fund to the judicial department, probation and related services, for offender treatment and services.
APPROVED by Governor May 25, 2010 EFFECTIVE July 1, 2010
View Bill: H.B. 10-1347 PDF
H.B. 09-68: Funding for Domestic Abuse Services
Increases the fee for a marriage license by $20 to fund domestic abuse services for married, separated, or divorced persons or their families. Increases the filing fees for a petition and response in a dissolution of marriage action by $10.
Specifies that 1/2 of the increased filing fees for a petition and response shall be deposited in the family violence justice fund and that 1/2 of the increased filing fees shall be deposited in the Colorado domestic abuse program fund.
Requires the department of human services (department) to require each domestic abuse program to request information from each client served by the program concerning the relationship of the client to the alleged perpetrator of the domestic abuse. Removes the limit on the reimbursement rate paid to certain domestic abuse programs.
Appropriates $843,430 to the department from the Colorado domestic abuse program fund and $143,430 to the judicial department from the family violence justice fund.
APPROVED by Governor May 15, 2009 EFFECTIVE July 1, 2009
View Bill: H.B. 09-68 PDF
S.B. 09-241: DNA Testing Felony Arrests
Beginning September 30, 2010, requires each adult arrested for or charged with a felony to submit to a DNA test. Directs, that in most cases, the arresting agency take a biological sample for testing purposes during the booking process. In all other cases, directs that the sample be taken at the person's first court appearance, if practical.
Directs the Colorado bureau of investigation (CBI) to test the samples collected. Requires the CBI to file and maintain the results of such DNA testing in a database only after receiving confirmation that the person has been charged with a felony. Directs the CBI to furnish the results to a law enforcement agency upon request.
- Permits the resulting DNA profile to be expunged from the database if:
- The person is not charged with a felony; The felony charges are dismissed; or
- The person is found not guilty of the felony charge.
Requires the court to advise the person of his or her expungement rights at the person's first appearance and requires re-advisement by the court or district attorney if an action occurs that triggers the right of expungement. Directs a person who wants his or her record expunged from the database to submit a written request to CBI. Upon receipt of the request, directs CBI to contact the district attorney to verify that the person qualifies for expungement. Requires CBI to send notice to the person indicating whether the record has been expunged.
Requires the DNA working group to convene to discuss and make recommendations regarding the appropriateness and implementation of this act. Requires the DNA working group to provide a report regarding its discussion and recommendations to the general assembly before the next regular session of the general assembly.
Beginning July 1, 2009, creates a $2.50 cost or surcharge on each felony, misdemeanor, and traffic offense, and on other criminal violations. Directs that the cost or surcharge be credited to the offender identification fund. Beginning July 1, 2009, allows a defendant to request a search of a DNA database if the court determines there is a reasonable probability that a search will produce exculpatory or mitigating evidence.
Appropriates $75,000 to the CBI in the department of public safety from the offender identification fund for the preparation for implementation and implementation of this act.
APPROVED by Governor May 21, 2009 PORTIONS EFFECTIVE July 1, 2009 PORTIONS EFFECTIVE September 30, 2010
View Bill: S.B. 09-241 PDF
S.B. 09-286: Justice Reinvestment Act
Directs the Colorado commission on criminal and juvenile justice (commission) to study sentences in Colorado. Suggests the commission study the following issues:
- A department of corrections facility bed limitation;
- Sentences related to driving under restraint;
- Sentences related to drug crimes;
- Whether parole should be included in the sentence or outside the sentence;
- Alternatives to incarceration for nonviolent, first-time offenders;
- The consequences and efficacy of mandatory minimum sentences and other provisions that limit judicial discretion in the sentencing process; and
- The impact of incarceration on crime rates.
Requires the commission to update the governor, attorney general, chief justice of the supreme court, and the judiciary committees and executive committee of the general assembly regarding the commission's findings, recommendations, and proposed plan for ongoing study of sentencing by November 30, 2009. Requires the commission to report to the executive committee of the general assembly regarding any recommendations to modify any sentencing laws by February 1, 2010.
Makes legislative findings.
APPROVED by Governor June 1, 2009 EFFECTIVE June 1, 2009
View Bill: S.B. 09-286 PDF
H.B. 09-1036: Registration Fee for Post Board
Increases the registration fee by 60 cents for every Class A, B, or C personal property item. Requires the registration fee to be transmitted to the state treasurer for deposit in the peace officers standards and training (P.O.S.T.) board cash fund in order to provide peace officer training programs.
For the fiscal year beginning July 1, 2009, appropriates $1,494,995 from the P.O.S.T. board cash fund and 1.0 FTE to the department of law, criminal justice and appellate division, for peace officer training programs.
APPROVED by Governor May 21, 2009 EFFECTIVE July 1, 2009
View Bill: H.B. 09-1036 PDF