Key Bills

Colorado 2009: Civil Liberties in the Legislature

Legislative Session Ended - 5/6/09,
Governor Ritter had until 6/6/09 to sign remaining bills

Stay tuned for our upcoming Eye on Colorado Legislative Scorecard, which will include brief descriptions of each bill and our position, as well as scores for each legislator on how well they voted for civil liberties.
Coming this July... Check out past year's scorecards here.

First, the Wins!

HB 1260 - Learn more about Designated Beneficiaries here

SB 088 - Gov. Ritter approves state benefits for domestic partners!

And the losses....

HB 1274 - Repeal the Death Penalty
While once again down to the wire, the Senate could not come through. HB 1274 lost in the Senate by one vote. Read about it at the Denver Post.

SB 241- DNA Sampling of Felony Arrestees
Governor Ritter signs SB 241 into law. Read about it at State Bill Colorado

Click here to see the Bills that have been Signed into Law
Click here to see the Failed Bills

Key Terms

Actively Support: ACLU actively lobbied or testified for the passage of the bill.
Support: ACLU supported the bill but did not testify on it.
Actively Oppose: ACLU actively lobbied or testified in order to prevent a bill’s passage.
Oppose: ACLU opposed the bill but did not testify on it.
Monitor: The bill didn’t have a positive or a negative input on civil liberties but there was a potential for that to occur.
Postponed Indefinitely: The bill was killed in committee, before going to a legislative floor vote. Failed or Postponed Bills so far in this Legislative Session
Governor Action - Signed: The bill passed both legislative houses and was signed by the Governor, making it an ACT of law. Bills Signed into Law

Read the Actual Bill

Click here to search for a specific bill. Listed below are the bills that we currently find of relevance to civil liberties.

Bills we feel strongly about:

HB1049 - No Plea Bargain Illegal Alien
HB1115 - Define ID For Voting
HB1146 - Proof of Citizenship to Register to Vote
HB1147 - Bail Presumptions for Illegal Alien
HB1238 - Civil Forfeiture
HB1260 - Designated Beneficiary Agreement
HB1274 - Repeal Death Penalty
HB 1321 - Pre-Trial Detention of Juveniles
SB023 - Fair and Legal Employ Coloradans Act
SB088 - Domestic Partner Group Health Benefits State Employees
SB170 - Nondiscrimination in Higher Ed Tuition Rates
SB241 - DNA Testing for Felony Arrestees

HJR 1018: Citizen Advocates Freedom of Speech
Sponsors: Rep. Frangas & Sen. M. Carroll
Defines a citizen advocate. Separates citizen advocate from professional and volunteer lobbyist restrictions and rules.
ACLU Position: Monitor
Current Status: Signed by the President of the Senate, 5/20

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Bills Signed into Law

HB 1010: Promotion of Film Industry in Colorado
Sponsors: Reps. Massay and McGihon & Sens. Gibbs and Spence
Creates a tax credit as an incentive for film production in Colorado. Requires applicants for tax credits to submit scripts to the office for determination of whether the script is obscene.
ACLU Position: Monitor
Current Status: Governor Action - Signed, 6/4

Good job! This bill has been completely amended, including omitting any required pre-screening of the script or any required approval of its moral character. We have thus changed our position from "Amend Oppose" to "Monitor".

HB1015: Primary Election Procedures
Sponsors: Rep. Murray & Sen. Hodge
Requires an election official to cancel a primary election for a particular nomination if there is not more than one candidate of a major political party for that office. Authorizes election officials to conduct primary elections by mail ballot. .
ACLU Position: Monitor
Current Status: Governor Action - Signed, 5/15

HB1018: Remove Obsolete Language For HAVA Compliance
Sponsor: Rep. Bradford
Repeals obsolete language in statutes regarding voter registration and election systems for purposes of compliance with the Help America Vote Act.
ACLU Position: Monitor
Current Status: Governor Action - Signed, 4/22

HB1044: Sealing Of Direct File Records For A Juvenile
Sponsors: Rep. Roberts & Sen. Morse
If a juvenile is charged as an adult but sentenced as a juvenile, allows for expungement of juvenile records.
ACLU Position: Passive Support
Current Status: Governor Action - Signed, 3/18

HB 1064: Creates Legislative Committee to Study Poverty Issues
Sponsor: Rep

House Considered Senate Amendments - Result was to Concur - Repass. Kefalas
Creates the economic opportunity task force, consisting of members of the general assembly. Aims to asses current policies and practices in Colorado that promote economic opportunity and poverty reduction and developing and implementing a strategic, integrated, and comprehensive plan to reduce the number of Coloradans living in poverty, especially families and children.
ACLU Position: Monitor
Current Status: Governor Action - Signed, 6/1

HB1065: Educator Identifier Pilot Program
Sponsors: Rep. Benefield & Sen. Spence
Creates the educator identifier pilot program for teachers and principals. Requires CDE to select at least 3 school districts for participation from those that submitted letters of interest, at least one of which should exhibit a significant teacher gap. Requires personally identifying information about teachers to be maintained separately in secure data location. Requires participating school districts to submit reports to the commission that include positive uses of teacher identifiers, any misuse, discussion of adequate protections and potential policy changes to close the teacher gap and improve student achievement.
ACLU Position: Monitor
Current Status: Governor Action - Signed, 5/21

HB1082: Recording School Board Meetings
Sponsors: Rep. Peniston & Sen. Tochtrop
Requires recording of all school board meetings using the best technology available at the time the recording is made, and at minimum requires audio recording. Allows persons to request copies of audio recordings. Requires school boards to adopt policies for retention of such recordings for a minimum of two years.
ACLU Position: Passive support
Current Status: Governor Action - Signed, 3/25

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HB 1094: Cell Phone Prohibition for Drivers
Sponsors: Rep. Levy & Sen. Brophy
Prohibits drivers under 18 and bus drivers from using any kind of wireless telephone while driving. Allows other drivers over 18 to use hands free wireless. Creates a class A traffic infraction.
ACLU Position: Monitor
Current Status: Governor Action- Signed, 6/1

HB1120: Public Servant Safety Crimes
Sponsor: Rep. Stephens
Creates a second degree assault criminal offense when a person with the intent to infect, injure, harm, harass, annoy, threaten or alarm a peace officer, firefighter or EMT by causing them to come into contact with blood, feces, urine, seminal fluid, saliva, mucus, vomit or any caustic, toxic or hazardous material. Clarifies the crime of disarming a peace officer includes knowingly removing their self-defense electronic control device or direct contact stun device.
ACLU Position: Monitor
Current Status: Governor Action - Singed, 5/21

HB1121: DNA Evidence Preservation Process
Sponsors: Rep. S. King & Sen. Renfroe
Clarifies that evidence preservation requirements for criminal investigations apply to felonies or sex crimes. Clarifies process for disposal of evidence after notice to the district attorney, the defendant and his or her defense counsel, and gives defendant opportunity to file objection with court. Allows for disposal of evidence upon the victim's or defendant's request. At sentencing, requires the district attorney to make certain representations related to potential DNA evidence and directs the court to enter those representations into the automated case record. Requires the Dept of Public Safety to compile a report regarding data collected in automated case records.
ACLU Position: Monitor
Current Status: Governor Action - Signed, 3/18

HB1122: Age Limit For Youthful Offender System
Sponsors: Rep. Roberts & Sen. Morse
Expands eligibility for sentencing to the Youthful Offender System to permit certain young adults who commit certain crimes when they are 18 or 19 years old and are sentenced prior to their 21st birthday. Allows a court to sentence a youthful offender to YOS after their 19th birthday but before their 21st birthday.
ACLU Position: Monitor
Current Status: House Second Reading Passed, 4/2

HB1123: Human Smuggling, Trafficking & Servitude
Sponsors: Rep. Lambert & Sen. Schultheis
For purposes of trafficking in adults, defines an "adult" as a person 18 years of age or older and defines a "child" as a person under age 18. Increases the penalty for trafficking in children from a class 3 to a class 2 felony. Removes the requirement that a person smuggling a human must receive money or value as an element of the crime. Adds elements for committing coercion of involuntary servitude to include threats of serious harm or physical restraint, use of a scheme to cause another to believe that if they do not perform requested labor or services that they or another will be harmed, or threats of abuse of the law or legal process against the person or another.
ACLU Position: Monitor
Current Status: Governor Action - Signed, 5/21

HB1132: Using Text Messaging For Unlawful Acts
Sponsors: Reps. Murray and Priola & Sen. Heath
Adds telephone networks, data networks, text messages, and instant messages as means to commit computer dissemination of indecent material to a child, internet luring of a child, internet sexual exploitation of a child, and harassment.
ACLU Position: Monitor
Current Status: Governor Action - Signed, 6/1

HB1153: Campaign Finance Issue Committee Creation
Sponsor: Rep. May
Exempts issue committees from the requirement to register with the appropriate election official unless and until such time as the committee accepts or makes contributions in excess of $200 to support or oppose a ballot measure. Specifies a ballot measure exists as of the earliest of any of the following events: a title has been set; the measure has been referred to voters; a citizen petition has had its format approved for printing; a petition has been circulated and signed by at least one person; a petition has been filed with the appropriate election official.
ACLU Position: Monitor
Current Status: Governor Action - Signed, 4/22

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HB1160: Secure Electronic Voter Registration
Sponsor: Rep. Miklosi
Allows a person qualified to vote to register or submit changes through the Secretary of State's website if the person's signature is stored in digital form in a database maintained by or containing information accessible to the Dept of State. Requires the Secretary of State's website to be fully secure and to protect the confidentiality of all uses and the integrity of all data.
ACLU Position: Monitor - Check with National for position.
Current Status: Governor Action - Signed, 5/15\

HB1163: Child Victim Crimes
Sponsors: Rep. C. Gardner & Sen. Romer
Adds an element to internet luring of a child clarifying that a subsequent communication in which the actor describes explicit sexual conduct may be made via a telephone, text message, telephone network, computer, or computer network. Makes possession of one motion picture, video tape, or video containing child pornography a class 4 felony. Makes a 5-year statutory appropriation.

4/30 - A recently added amendment now changes the bill to include Sen. Harvey's annual attempt to protect minors from sexually explicit material. However his definition of "sexually explicit" is so broad as to include a woman's bare breast, medical photos, and classic works of art. "Access" includes book stores, movie rentals, etc. We saw this exact same language last year in our successful defeat of SB125.

5/6 - Good job! The Harvey Amendment is Removed!
ACLU Position: Active Amend
Current Status: Governor Action - Signed, 6/1

HB 1181: Victims at Community Corrections Board Hearings
Sponsors: Rep. McCann & Sen. Foster
Gives a victim the right to provide an oral statement to community corrections board, and allows the board to place reasonable conditions.
ACLU Position: Monitor
Current Status: Governor Action - Signed, 4/2

HB 1186: Permanent Mail In Ballot Voter
Sponsor: Rep. Levy
Requires mail ballot return envelopes to contain a section allowing the elector to apply to be a permanent mail-in voter. Allows mail ballots to be delivered to any early voting location or election day polling place.
ACLU Position: Passive Support
Current Status: Governor Action - Signed, 4/3

HB 1205: Voting by Armed Services Members Outside the US
Sponsors: Reps. Looper and Balmer & Sen. Williams
Requires the Secretary of State to develop and maintain an internet-based voting pilot program to facilitate voting by absent uniformed services electors. Requires mail ballots to be delivered, mailed or provided by electronic means to absent uniformed services electors no later than 30 days before the election. Expands upon other mail-in ballot procedures for uniformed overseas electors.
ACLU Position: Monitor - for amendments
Current Status: Governor Action - Signed, 6/2

HB 1214: Education Data Reporting Requirements
Sponsors: Rep. Benefield & Sen. Brophy
Directs the Education Data Advisory Board (EDAC) to inform the enacting state or deferral agency of estimated cost to school districts and public schools to comply with reporting requirements. Directs the EDAC to submit to the General Assembly and publish on the internet a report listing data requirements that are not cost-effective or inefficient. Directs the State Board of Education to update the state's interpretation of federal data privacy restrictions and to align such interpretation with that of neighboring states.
ACLU Position: Active Oppose
Current Status: Governor Action - Signed, 4/30

HB 1216: Election Code Revision Reflect Voting by Electors
Sponsor: Rep. Murray
Updates statutory language regarding an elector's change of residence address to reflect implementation of the statewide voter registration system. Requires county clerk to treat undeliverable mail-in ballots the same as undeliverable mail ballots for the purpose of making the voter inactive. Allows an eligible elector to vote in person at a polling place upon the surrender of their mail-in ballot. Clarifies ability of unaffiliated elector to vote in partisan primary by declaring affiliation at the poll.
ACLU Position: Monitor
Current Status: Governor Action - Signed, 4/22

HB 1248: Business Entities Regulation
Sponsor: Rep. Gerou
The Bar Association's clean up of business entities regulations. Specifies the authority of a non-profit board's ability to make a decision without formally meeting.
ACLU Position: Monitor
Current Status: Governor Action - Signed, 5/14

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HB 1253: Defendants with Mental Illness
Sponsors: Rep. Pace & Sen. Tapia
If a defendant who was found incompetent to stand trial is returned to jail for pending court proceedings, allows the county jail to require the defendant to continue the same court-ordered treatment or administrations of medication.
ACLU Position: Monitor
Current Status: Governor Action - Signed, 4/16/09

HB 1260: Designated Beneficiary Agreements
Good Work!
Sponsors: Rep. Ferrandino & Sen. Veiga
Authorizes 2 competent, unmarried adults to execute a designated beneficiary agreement. Recognizes civil unions, domestic partnerships or marriages between persons of the same sex that are valid in another jurisdiction as designated beneficiaries if the parties otherwise meet the criteria in the act and are both present or residing in the state. Allows for property inheritance in the absence of a will, and allows the designated beneficiary to make medical and end of life arrangements.
Read more about the bill here
ACLU Position: Active Support
Current Status: Governor Action - Signed, 4/9

HB 1262: Issue Summons Instead of Arrest Warrant
Sponsors: Rep. Casso & Sen. Morse
Creates an exemption to the summons in lieu of arrest provisions in current law if a law enforcement officer presents in writing a basis to believe there is a significant risk of flight or that the victim or public safety may be compromised.
ACLU Position: Monitor
Current Status: Governor Action - Signed, 4/3

HB 1267: Higher ED Pervasively Sectarian Institutions
Sponsors: Rep. Todd & Sen. Bacon
Enforcement of 10th Circuit Court of Appeals and Locke v. Davey. Eliminates statutory restriction on use of public funds for education at a "pervasively sectarian institution" and replaces it with a prohibition against funding for students pursuing a "professional degree in theology."
ACLU Position: Monitor
Current Status: Governor Action - Signed, 6/1

HB 1285: Government Data Sharing
Sponsors: Rep. Benefield & Sen. King
Replaces the data protocol development council with the government data advisory board (advisory board). States the advisory board's duties, including recommending to the chief information officer in the office of information technology rules for requesting data. Repeals the advisory board after sunset review.
ACLU Position: Active Amend
Current Status: Governor Action - Signed, 4/30

HB 1313: Expand Higher Ed Civic Engagement
Sponsors: Rep. Merrifield & Bacon
Allows the governing board of an institution of higher education (governing board) to establish an optional student fee to fund student-directed programs to enrich student life and learning opportunities. Directs the governing board to adopt policies to permit student body members to place a proposed fee on the ballot at a regular student election. Requires approval of the fee by a majority of the votes Labuda, Levy, McFadyen, McGihon, Middleton, Miklosi, Peniston, Scanlan, Schafer S., Solano, Soper, Todd, Vigil, Green, Pace, Pommer Shaffer B. cast at a regularly scheduled student-body election.
ACLU Position: Active Support
Current Status: Governor Action - Signed, 5/11

HB 1316: Judge And Law Enforcement Info Private
Sponsors: Rep. Solano & Shaffer B.
Adds to an existing law, making it a crime to post the personal information of a judge, magistrate, or prosecutor on the internet if the dissemination of the information poses an imminent and serious safety threat. Permits a peace officer, judge, magistrate, or prosecutor to request that a public record containing his or her address or telephone number be kept confidential if the person has reason to believe he or she or his or her family could be the victim of harassment or in danger of bodily harm. Allows a peace officer, judge, magistrate, or prosecutor to request that a real property record be kept confidential if the person has reason to believe he or she or his or her family could be the victim of harassment or in danger of bodily harm.
ACLU Position: Monitor
Current Status:  Governor Action - Signed, 5/21

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HB 1321: Pre-Trial Detention of Juveniles
Sponsors: Rep. Levy & Sen. Carroll
Changes the standard for allowing a juvenile to be held in an adult jail to require an order from the court that the juvenile be held for criminal proceedings as an adult or the DA has direct filed an indictment, or the court has held a hearing and finds it is in the interest or justice to hold the juvenile in an adult facility. Allows the juvenile who has been placed in an adult facility to petition the court if the circumstances have changed substantially.
ACLU Position: Active Support
Current Status: Governor Action - Signed, 6/1

HB 1326: Integrity of Citizen-Initiated Petitions
Sponsors: Reps. T. Carroll and Court & Sen. Shaffer
Motivated by several of the 2008 election's petitions, clarifies petition process. Changes terminology and requirements for certain terminology on petition. Changes deadline date for filing ballot initiative petitions to 3 weeks earlier than current law. Permits registered electors to file a written request with the Secretary of State to remove their name from an initiative petition so that it is not counted. Increases requirements for execution of circulator affidavit and notary public. Requires any circulator who collects more than 100 signatures to receive training related to potential fraudulent activities in petition circulation. Requires proponents or their issue committee to file a document listing details about paid petition circulators, including dates of circulation, total hours each paid circulator worked and the compensation received. Expands criminal violations for unlawful acts related to initiative petitions and increases penalties. Changes deadlines for proponents to withdraw sufficient petition from ballot to 60 days prior to election. This is not an exhaustive list.
ACLU Position: Amend Oppose
Current Status: Governor Action - Signed, 5/15

HB 1348: Activities Performing Legislative Duties
Sponsors: Rep. Weissmann & Sen. M. Carroll
Prohibits a legislator or legislative staff from being questioned in any other place for conducting legislative activity. Amends def. of “working product.”
ACLU Position: Monitor
Current Status: Governor Action - Signed, 6/1

HB 1349: Continue Health Care After Employment
Sponsors: Rep. Fischer & Sen. Heath
Allows terminated employee to continue health care with 65% premium if assistance-eligible. Defines eligibility.
ACLU Position: Monitor
Current Status: Governor Action - Signed, 6/1

HB 1351: Increased Earned TIme Allowance
Sponsors: Rep. Pommer and Ferrandino
Increases the amount of earned time from 10 to 12 days per month that an inmate may earn. Permits executive director of DOC to deduct up to 60 days from nonviolent felon’s sentence.
ACLU Position: Monitor
Current Status: Governor Action - Signed, 6/1

SB006: Create Identification Processing Unit For Detention Facilities
Sponsors: Sen. Boyd & Rep. Solano
Creates the county jail identification processing unit in the division that issues drivers' licenses within the department of revenue. Directs the unit to process identification cards at metropolitan-area county jails for prisoners without identification cards. Requires the unit to give priority to prisoners with medically documented mental illness.
ACLU Position: Monitor
Current Status: Governor Action - Signed, 6/2

SB035: Penalty For Amendment 41 Violations
Sponsor: Sen. Renfroe & Rep. Sonnenberg
Creates a Class 1 misdemeanor offense for violations of Amendment 41 by government officials and permits court to impose criminal fine of up to twice the amount of the benefit obtained or attempted to be obtained.
ACLU Position: Passive Oppose
Current Status: Governor Action - Signed, 4/9

SB044: Administrative Procedures For Dept Of Human Services
Sponsors: Sen. Boyd & Rep. Hullinghorst
For reviews of an administrative law judge's decision involving the department of human services (department), permits a party who cannot afford a written transcript to file an audio recording. Eliminates an exception for provider appeals that allows the decision of the administrative law judge rather than the department to constitute final agency action for purposes of judicial review. Provides that any existing rules of the executive director or of the department adopted prior to the enactment of this bill that contain subject matter appropriate for board rules are valid and enforceable until revised, amended, or repealed by the state board.
ACLU Position: Passive support
Current Status: Governor Action - Signed, 3/25

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SB088: Domestic Partner Group Health Benefits State Employees
Sponsors: Sen. Veiga & Rep. Ferrandino
Makes a legislative declaration about the prevalence of domestic partner health care benefits and the need for the state to remain competitive for recruiting and retaining skilled employees. Defines "domestic partner" as an unmarried person of the same gender as the employee who is ineligible to marry the employee with whom they have had an exclusive relationship for at least one year. Directs the state personnel director to adopt rules for state employees to elect domestic partner coverage. Beginning in fiscal year 2010-11, allows state employees to elect such coverage for their domestic partners.
ACLU Position: Passive support
Current Status: Governor Action - Signed, 5/18
Read about the bill in the Denver Daily News
Governor Quietly OKs Gay Benefits, Denver Post

SB093: Identity Theft
Sponsors: Sen. Williams & Rep. Marostica
Expands the crime of identity theft the act of knowingly using an instrument with personally identifying information about another person with the intent to deceive a peace officer as to the actor's identity. Criminalizes the possession or control of a government-issue identity card of another, such as a driver's license or passport, without their permission and unless authorized by law, and makes this crime a predicate offense for racketeering. Increases the penalty for possessing 2 or more financial devices.
ACLU Position: Monitor
Current Status: Governor Action - Signed, 6/1

SB 104: Verifiable Identity Documents for Foster Care Youth
Sponsors: Sen. Sandoval & Rep. Gagliardi
Requires each county with youth in foster care to provide to the youth on or before their 18th birthday verifiable documents such as certified birth certificate and social security card. Specifies the county shall bear the cost of providing such documents, not the youth.
ACLU Position: Passive Support
Current Status: Governor Action - Signed, 5/2

SB 108: Transportation System Improvements
Sponsors: Sen. Gibbs & Rep. Rice
Imposes new fees on various vehicles (rental cars, oversized, etc.) to fund transportation infrastructure. Creates a Mileage Based Revenue Commission to design, develop, and implement a voluntary pilot program for generating revenue based on miles traveled (rather than fuel consumption).
ACLU Position: Monitor
Current Status: Governor Action - Signed, 3/2

SB110: Sunset Civil Rights Commission & Div
Sponsors: Sen. Morse & Rep. Levy
Sunset Process - Senate Judiciary Committee. Implements the recommendations of the department of regulatory agencies in its sunset review of the Colorado civil rights division (division), the Colorado civil rights commission (commission), and the subpoena powers of the director of the division (director) as follows:
* Continues the commission and the division and their respective functions through July 1, 2018.
* Continues the subpoena powers of the director in employment discrimination cases, extends those powers to all other civil rights cases under the jurisdiction of the division and the commission, and eliminates the separate sunset review of the subpoena powers of the director.
* Authorizes the commission, a commissioner, or the attorney general to initiate a charge of a discriminatory or unfair practice in cases that indicate a significant societal or community impact and limits the remedy in such cases to equitable relief to eliminate the discriminatory or unfair practice.
* Authorizes the director to delegate certain tasks to division staff, including the ability to sign a determination of probable cause.
* Reassigns to the division some procedural tasks that are statutorily assigned to the commission but are currently performed by the division, including the intake and processing of complaints alleging a discriminatory or unfair practice and the issuance of right-to-sue letters.
* Eliminates the requirement that charges of discriminatory or unfair practices be filed in duplicate.
* Adds to the definition of "discriminatory or unfair employment practice" adverse employment actions that impact an employee's terms, conditions, or privileges of employment.
* Adds to the commission's jurisdiction cases in which an employer interferes with, restrains, or denies an employee the right to leave from work because the employee is seeking protection as a victim of domestic abuse, stalking, sexual assault, or another crime involving domestic violence.
* In addition to the existing remedies of reinstatement or hiring, back pay, front pay, or other equitable relief in cases of discriminatory or unfair employment practices, allows a complaining party or plaintiff to recover compensatory and punitive damages, subject to specified limits based on the size of the employer, and reasonable attorney fees and costs.
* Harmonizes provisions relating to discrimination in places of public accommodation to ensure that the remedies apply to unlawful retaliation against persons who complain of unlawful discrimination in places of public accommodation.
ACLU Position: Passive Support
Current Status: Governor Action - Signed, 5/14

SB 135: Data on Parole Decision Making
Sponsor: Sen. Penry
Required the state board of parole to work with DCJ to develop data related to the basis for and the outcomes of parole board decisions. Requires DCJ to provide the board with training regarding how to use the data to facilitate decision making. Requires a report to the general assembly.
ACLU Position: Monitor - Sit in on Hearing
Current Status: Governor Action - Signed, 6/1

SB 225: Definition of Contraceptive
Sponsors: Sen. Boyd & Rep. McGihon
Defines contraception as a "drug or devise that prevents pregnancy." Planned Parenthood, PFPC bill. Potentially bad strategy, as the contraception argument is effective on fence voters, such as with Amendment 48.
ACLU Position: Passive Support
Current Status: Governor Action - Signed, 4/16

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SB 241: DNA Testing Felony Arrestees
Sponsors: Sen. Morse & Rep. King
Requires each adult arrested for or charged with a felony to submit to a DNA test. Requires the Colorado Bureau of Investigation to file and maintain the results of such DNA testing in a database and to furnish the results to a law enforcement agency upon request. Permits the arrestee to petition the CBI to removethe resulting DNA profile 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.
ACLU Position: Active Oppose
Current Status: Governor Action - Signed, 5/21
Flier with talking points opposing SB 241
Senator Carroll speaks out about why she was the only Senator to vote no on SB 241 in committee.

5/11 - SB 241 is sent to the Governor. See the article in the Denver Post.
5/22 - Governor Ritter signs "Katie's Law. Read about in State Bills Colorado

SB 249: HOA Apply New Law to Exempt Small CICS
Sponsors: Sens. Penry and M. Carroll & Rep. A. Kerr
Adds HOAs of ten units or less to specific provisions of HOA law enacted in 2004. These include the right to display American flags and political signs, parking of emergency vehicles by residents and first responders, trimming of vegetation for fire defense, accessibility modifications for the disabled and certain energy improvements.
ACLU Position: Active Support
Current Status: Governor Action - Signed, 5/14

SB 283: Redact Tax ID Info on Business Filings
Sponsor: Sen. Sandoval
Allows the Secretary of State to adopt rules for the use of software to redact taxpayer identification numbers from secured transaction filings. Absolves the Secretary of State from any liability arising from the use of such redaction software.
ACLU Position: Passive Support
Current Status: Governor Action - Signed, 6/1

SB 284: Police Authority to Block Communications to Barricaded Person
Sponsors: Sen. Newell & Rep. Levy
Allows the supervising representative of a law enforcement agency to order a communications or internet provider to cut, intercept or divert phone, cellular or digital communications if there is probable cause to believe a person is holding a hostage or has barricaded themselves in a structure or vehicle and is armed and posing a danger to themselves or others.
ACLU Position: Monitor
Current Status: Governor Action - Signed, 6/1

SB 286: Justice Reinvestment Act
Sponsors: Sen. Morse & Rep. Levy
Repeals the requirement that a defendant engage in plea negotiations with the district attorney for certain offenses before state-supported legal representation may be supplied. Changes the offense level for certain criminal offenses. For certain offenses, eliminates incarceration as a sentencing option for a first offense. Limits the applicability of the "little" and "big" habitual offender statutes to crimes of violence. Changes the presumptive sentencing ranges for felonies committed on or after July 1, 2009. Allows the court to grant the defendant a deferred judgment under certain circumstances without district attorney consent. Permits the court to waive the prohibition on probation for a defendant with 2 previous felony convictions under certain circumstances. Limits the escape and attempt to escape offenses to correctional facilities and jails, and repeals the consecutive sentencing provisions. Creates a new offense for escape from confinement. Prohibits the court from imposing a sentence of incarceration for a probation violation unless it is a new crime. Increases the amount of time the court may sentence a defendant to county jail under a probation sentence to 180 days. Increases the amount of earned time that may be earned on a monthly basis from 10 days to 12 days. Permits the executive director of the department of corrections to deduct up to 60 days from a nonviolent offender's sentence based on progress made on the criteria in the earned time statute. Requires a group or individual seeking to create a new crime or increase the penalty of an existing crime to present its proposal to the Colorado commission on criminal and juvenile justice for its review and recommendation.
ACLU Position: Passive Support
Current Status: Governor Action - Signed, 6/1

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Failed Bills

HB1016: Driver's License Temporary Presence
Sponsor: Rep. Court
Allows a person who lives in another state who owns or is employed by a Colorado business who has a valid license from the other state; and a person who is lawfully present and employed in Colorado for no more than 180 days in a 12 month period by means of a seasonal worker document issued by ICE, who is at least 16 years of age and who has a valid driver's license from their home country, not to obtain a Colorado Driver license. Allows the Department of Revenue to issue an ID card to someone with a license from another country.
Position: Monitor
Current Status: Postpone Indefinitely in House Transportation & Energy Committee, 2/3

HB1032: Photo ID For Controlled Prescriptions
Sponsor: Rep. Liston
Directs a pharmacist to require photo identification from a person who seeks to purchase a prescription for any schedule II through IV controlled substance. Requires the pharmacist to document the person's information. Permits the pharmacist to provide prescriptions in emergency situations to persons without photo identification provided they comply with the documentation requirements of this act.
ACLU Position: Active Oppose
Current Status: Postpone Indefinitely in House Health & Human Services Committee, 1/26

HB1049: No Plea Bargain For Undocumented Persons
Sponsors: Rep. May & Sen. Harvey
Requires that a trial judge may not accept a plea of guilty from a defendant who is an undocumented immigrant to a charge of third degree criminal charge. The trial judge may accept such a plea upon a good faith representation that: the attorney could not establish a prima facie case in a trial, and the plea is not intended to permit the defendant to avoid removal from the country.
ACLU Position: Active Oppose
Current Status: Postpone Indefinitely in House Judiciary Committee, 1/29

HB1069: Crime To Withdraw Initiative Petition For Compensation
Sponsors: Rep. Stephens & Sen. Kopp
Creates a Class 6 felony offense for any person, directly or indirectly, to pay or promise any payment, contribution or valuable consideration for the proponents of a ballot initiative to withdraw a petition that has been filed with the Secretary of State.
ACLU Position: Monitor
Current Status: Postpone Indefinitely in House State Affairs Committee, 1/27

HB1075: Expand Dept Human Services Employment Disqualifications
Sponsor: Rep. Middleton
Expands the criminal history background check requirement for employment at the Dept of Human Services to all employees of the department, and not just those that work directly with vulnerable persons. Expands the list of convictions in the past 10 years that disqualify a person from employment to include all Class 2, 3, 4 and 5 felonies, felony drug offenses, and misdemeanor offenses of unlawful sexual conduct, and also within the disqualification persons who have successfully completed a deferred judgment for such offenses. **Amended disqualification section.
ACLU Position: Passive Oppose
Current Status: Postpone Indefinitely in House Appropriations, 4/3

HB1115: Define Identification For Voting
Sponsor: Rep. Summers & Sen. Renfroe
Requires identification used for voting purposes to be valid, government-issued and contain a photograph of the elector.
ACLU Position: Active Oppose
Current Status: Postpone Indefinitely in House State Affairs Committee, 1/22

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HB1140: Clarify Process Of Direct Democracy
Sponsors: Rep. Court & Sen. White
Requires initiative petitions to contain a statement at the top of each page explaining that a signature indicates support for the placement of the measure on the ballot as a proposed change to the state constitution or statutes and that, if a sufficient number of valid signatures are obtained, the measure will appear on the ballot. Changes the terminology for initiatives so that constitutional measures shall appear as an "Amendment" and a statutory measure shall appear as a "Proposition" and requires the difference between the two to be explained. Prohibits modification of the short title after it has been provided to the Secretary of State. Changes the deadline for withdrawing a ballot initiative for which petitions have been submitted to 60 days prior to the election (to prevent their inclusion in certification of the ballot).
ACLU Position: Monitor - For amendments
Current Status: Postpone Indefinitely in House State Affairs, 3/26

HB1144: Mandatory Minimum Sentence For Child Sex Offense
Sponsors: Rep. Bradford & Sen. Scheffel
Requires a court to impose a minimum sentence of at least 20 but not more than 30 years incarceration for an offender who commits sexual assault against a child who is 14 years of age or younger and 7 or more years younger than the offender at the time of the crime. If the parole board releases an offender sentenced pursuant to this act, requires the parole board to keep the offender on parole for the remainder of their life.
ACLU Position: Passive Oppose
Current Status: Died in House Judiciary, 2/20

HB1145: Private Investigator's Access To Public Records
Sponsor: Rep. Ryden
Authorizes private investigators to register with the Attorney General's office and sets the standard for registration. Creates a rebut table presumption that a registered private investigator may access public records that a custodian of records is authorized to deny if contrary to public interest. Authorizes registered private investigators to access driver's license and motor vehicle records.
ACLU Position: Passive Oppose
Current Status: Postpone Indefinitely in House Judiciary Committee, 1/26

HB1146: Proof Of Citizenship For Voter Registration
Sponsors: Rep. McNulty & Sen. Scheffel
Requires a person who applies to register to vote to provide proof of citizenship.
ACLU Position: Active Oppose
Current Status: Postpone Indefinitely in House State Affairs Committee, 1/27

HB1147: Bail Provisions For Undocumented Persons
Sponsors: Rep B. Gardner & Sen. Mitchell
In a hearing to determine whether to grant bail, creates a rebuttable presumption that the public would be put in significant peril if the accused person is released on bail when the accused person is illegally present in the United States. When the court considers the amount of bail and appropriate surety, creates a rebuttable presumption that a person illegally present in the United States is likely to flee the jurisdiction. Establishes criteria for the court to apply in determining whether a defendant is illegally present in the Unites States.
ACLU Position: Active Oppose
Current Status: Postpone Indefinitely in House Judiciary Committee, 2/2

HB1158: Initiative Petition Withdrawal
Sponsor: Rep. Waller
Changes the deadline for withdrawing an initiative petition that has been filed with the Secretary of State's office from the ballot from 33 days prior to the election to 60 days prior to the election. Specifies that a withdrawn petition shall be not certified to appear on the ballot nor shall information about it be included in the "Blue Book."
ACLU Position: Monitor
Current Status: Postpone Indefinitely in House State Affairs, 3/26

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HB1165: Sole-Source Government Contract Database
Sponsors: Rep. Lambert & Sen. Cadman
Implements Amendment 54, approved by voters at the 2008 general election. Requires the Dept. of Personnel to establish and maintain a database of all sole-source government contracts entered into by the state or any of its political subdivisions. Specifies that this database shall be publicly available via a website maintained by the state. Sets specifications for maintaining and updating website. Requires Dept of Personnel to allow the Dept of State to transfer the data for campaign finance purposes.
ACLU Position: Monitor
Current Status: Postpone indefinitely in House State Affairs Committee, 2/3

HB 1195: Income Tax Credit for Private School Tuition
Sponsors: Rep. Lambert & Sen. Brohpy
Creates an income tax credit to offset a portion of tuition paid to private schools for certain qualifying students. Allows taxpayers to claim this credit if their child leaves public school and enters private school after the effective date of the act, and specifies if the amount and mechanism for calculating the credit. Allows the credit to be carried forward for up to 3 years, but not refunded.
ACLU Position: Active Oppose
Current Status: Postpone indefinitely in House Committee on Education, 2/12

HB 1225: Risk Assessment of K-12 Students
Sponsors: Rep. S. Schafer & Sen. Bacon
Allows school districts to conduct risk assessment of certain students who apply for admission and who have been involved in circumstances related to th threat of physical harm or other acts of violence. Allows the school district to deny admission to a student whose risk assessment results in a determination that they pose a probable risk or harm to themselves or others in the school, but requires a meeting to be hled to determine appropriate educational alternatives if admission is denied.
ACLU Position: Passive Oppose
Current Status: Postponed Indefinitely in House Committee on Education, 2/23

HB 1238: Civil Forfeiture
Sponsors: Rep. Rice & Sen. B. Shaffer
Adds a building knowingly used for housing or place of employment for a victim of human trafficking to the list of buildings that may be forfeited. Repeals specific requirements for forfeiture actions, including but not limited to the following:
* That a conviction must be obtained in the same jurisdiction as the jurisdiction in which the forfeiture action is brought;
* That in specified circumstances a forfeiture action may proceed and judgment may be entered without a criminal conviction of the owner; and
* That all forfeiture actions shall proceed in state district court if the property was seized by a local or state law enforcement agency as a result of an ongoing state criminal investigation.
ACLU Position: Active Oppose
Current Status: House Committee on Judiciary Postpone Indefinitely, 3/23
Colorado Springs Gazette agrees with ACLU
Read more at the Denver Daily News

HB 1251: Disclosure of Criminal Justice Records
Sponsor: Rep. Kefalas
Expands the discretion abilities of the custodian of criminal justice records.
ACLU Position: Monitor
Current Status: Postpone Indefinitely in House Judiciary Committee, 216

HB 1274: Repeal Death Penalty
Sponsors: Rep. Weissmann & Sen. M. Carroll
Repeals the death penalty for offenses committed on or after the effective date. Creates legislative intent in a declaration that the general fund savings from abolishing the death penalty should be used to increase funding to the cold case homicide team in CBI.
ACLU Position: Active Support
Current Status: Senate Consideration of First Conference Committee Report result was to Adopt Committee Report - Not Repass, 5/6

5/6: HB 1274 is completely gutted in the Senate. However, there is going to be a conference committee the last day of the legislative session. Visit our Action Alert to email your Senator to return the bill to its orginal form.

4/21: HB 1274 passes the House by one vote. However, we still need two votes in the Senate.
Email Sens. John Morse and Linda Newell to tell them to repeal the Death Penalty!

View the Handout being passed around to legislators in support of HB 1274.
Read about it in the Denver Post.
Read about it in the National ACLU Blog.
Read about the death penalty and racial bias.
3/23 - Read Mary Dodge's editorial in the Denver Post.
4/17 - HB 1274 Passes the House

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HB 1283: Careless Driving Resulting in Death
Sponsors: Rep. Sonnenberg & Sen. B. Shaffer
Increases crime to a misdemeanor Class 1 from Class 2. No fiscal note. Potential mystery amendment coming. Otherwise, only a sentencing issue.
ACLU Position: Monitor
Current Status: House Second Reading Lost, 3/2

HB 1286: Repeal and Reenact Uniform Parentage Act
Sponsors: Rep. Levy & McGihon
Uniforms laws. Requires a surrogate contract to be validated by a judge. Validates paying a surrogate. Requires genetic testing by fathers to determine child support. Presumes fatherhood if man refuses to be genetically tested. Includes rules for lots of bizarre cases.
ACLU Position: Monitor
Current Status: Postpone Indefinitely in House Judiciary, 3/9

HB 1306: Youth Corrections Facilities Reporting
Sponsors: Rep. Nikkel & Sen. Renfroe
Requires a written report when a juvenile claims to be injured as a result of: child abuse in a juvenile facility, use of physical force or restraint, or assault by an employee. Requires third-party verification. Creates hotline.
ACLU Position: Monitor
Current Status: Postpone Indfeinitely in House Health Services, 3/19

HB 1314: Locked Doors at Day Treatment Centers
Sponsors: Rep. Judd & Sen. Sandoval
Extends permission to day treatment centers to use locked doors in specific, defined situations provided certain safeguards are met.
ACLU Position: Monitor
Current Status: Postpone Indefinitely in Senate Health and Human Services, 4/15

HB 1352: Ethics Violations Deceptive Trade Practice
Sponsors: Rep. Levy & Sen. Renfroe
Expands deceptive trade practices to include knowingly committing the prescribed acts related to contracts and claims. Permits expands civil penalty.
ACLU Position: Monitor
Current Status: Postpone Indefinitely in Senate Judiciary, 5/1

HB 1369: Search Process for Leaders of Higher ED Institutions
Sponsors: Rep. Weissmann & Sen. Shaffer
Requires a search committee for an opening president or chancellor position. Directs search process, including a 2/3 majority vote and consider diversity.
ACLU Position: Monitor
Current Status: Postpone Indefinitely in Senate Education, 5/5

SB008: Deadly Force Against Intruder Into Business
Sponsors: Sen. Harvey & Rep. C. Gardner
Adds owner, manager, or employee of a place of business to those who may use deadly physical force against an intruder pursuant to the "Make My Day Law."
ACLU Position: Monitor
Current Status: Postpone Indefinitely in Senate State Affairs Committee, 1/28

SB023: Fair And Legal Employ Coloradans Act
Sponsors: Sen. Schultheis & Rep. Lambert
Requires all nongovernmental employers in the state to participate in the federal e-verify program for all newly hired employees. Prohibits an employer from intentionally or knowingly employing an unauthorized alien, and immediate termination of an employee for whom the employer receives a final notice of nonconfirmation of work eligibility through the e-verify program. Sets penalties for non-compliance. Defines as a discriminatory or unfair employment practice the refusal to hire or termination from employment of a United States citizen or permanent resident alien while hiring or retaining an unauthorized alien in the same type of job when the employer knew or should have known that the person was an unauthorized alien.
ACLU Position: Active Oppose
Current Status: Postpone Indefinitely in Senate State Affairs Committee, 2/9

SB049: Disclosure Of State Employee Compensation Open Records
Sponsor: Sen. Tochtrop
Modifies the Colorado Open Records Act to permit disclosure of state employee compensation information in the aggregate or statistical form provided that the manner of disclosing the information protects the identification, location and habits of individual employees.
ACLU Position: Monitor
Current Status: Postpone Indefinitely in Senate State Affairs Committee, 1/26

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SB057: Public School Financial Transparency
Sponsors: Sen. Harvey & Rep. Stephens
Requires each school district, BOCES and charter school to create and maintain a searchable online budget database that includes data on all revenues and expenditures.
ACLU Position: Monitor
Current Status: Postpone Indefinitely in House Education Committee, 3/19

SB074: Firearm Safe Storage Intrastate Sales
Sponsor: Sen. Brophy
Prohibits a local government from enacting a law requiring storage of a firearm that renders it inoperable, including trigger lock devices. Allows the sale in Colorado of any firearm manufactured in Colorado, even if prohibited under federal law. Allows the purchase of any firearm, if manufactured in Colorado, even if prohibited under federal law.
ACLU Position: Monitor
Current Status: Postpone Indefinitely in Senate State Affairs Committee, 1/26

SB 130: Scholarships Children With Autism Pilot
Sponsor: Sen. Spence
Creates the Colorado scholarships for children with autism pilot program in the department of education. Allows a parent of a child with autism or autism spectrum disorder (eligible child) who is currently enrolled in a public school to apply for a scholarship from the program which may be applied toward tuition at an eligible participating private school. Clarifies that an eligible child's participation in the program waives his or her right to a free appropriate public education under federal law. Clarifies that no state, district, or administrative unit liability arises based on the award or use of a scholarship. Directs the department to annually withhold from the state equalization payments to each respective school district an amount equal to the sum of scholarships to be awarded pursuant to the program.
ACLU Position: Active Oppose
Current Status: Postpone Indefinitely in House Education Committee, 4/30

SB 143: Photo Radar Clean Up
Sponsors: Sen. Bacon & Rep. Hullinghorst
Adds roadways that are accident prone with speeds more than 50 MPH to those which may use photo enforcement. Changes the surcharge limit from $40 to $75.
ACLU Position: Active Monitor
Current Status: House 2nd Reading Lost with Amendments, 4/2

SB 146: Unlicensed Driver Vehicle Impound
Sponsors: Sen. Schultheis & Rep. Lambert
Prohibits an owner of a motor vehicle from authorizing an unlicensed driver to operate the vehicle. Requires a nonresident who operates a motor vehicle pursuant to a license from another country to have in his or her immediate possession a passport or document that authorizes travel in the United States. Provides for a 30-day impound or immobilization for motor vehicles operated without a valid driver's license or minor driver's license. Requires notice of impoundment or immobilization be given to the owner and any lienholder of the motor vehicle. Authorizes the owner of a motor vehicle to retrieve the vehicle if the owner did not knowingly authorize the operation of the vehicle. Authorizes the recovery of impound fees. Authorizes a lienholder to retrieve the motor vehicle upon payment of fees. Prohibits releasing the motor vehicle if the person who retrieves the vehicle is not towing the vehicle or does not hold a valid driver's license or minor driver's license and the vehicle is not registered or exempted from registration.
ACLU Position: Active Oppose
Current Status: Postpone Indefinitely in Senate State, Veterans & Military Affairs, 2/11

SB 155: Funding for Educational Facilities
Sponsors: Sen. K. King & Rep. Rice
Authorizes a metropolitan district to build a public school building if the school district in which the public school will be located (school district) refuses the dedication of the site and land area for the public school and refuses the payment in lieu thereof. Directs the metropolitan district board (district board) to consult with the school district board of education concerning the operation of the public school. Authorizes the district board to appoint an advisory board to assist the district board in addressing issues pertaining to the public school. Allows the district board to contract with an entity or group to operate the public school as a charter school. Directs the contracting entity or group to apply for authorization as a charter school first to the school district and, if denied, to the state charter school institute. If the district board chooses not to contract for operation of the public school, requires the district board to apply for authorization to operate the public school as a charter school. Allows a subdivider to dedicate a school site, or payment in lieu thereof, to a metropolitan district. Adds private, not-for-profit early childhood education facilities, public early childhood, elementary, and secondary education facilities, and facilities for public institutions of higher education to the list of projects for which a municipality or county may issue bonds. Authorizes the state board of land commissioners to lease or sell school trust lands to charter schools. Requires the state treasurer, rather than the Colorado educational and cultural facilities authority (CECFA) board, to notify the governor if a qualified charter school does not restore its qualified charter school debt service reserve fund to the required level. Specifies that CECFA, on behalf of an educational institution, may buy a building that has a tenant at the time of purchase and allow the tenancy to continue through the end of the lease. Makes conforming amendments.
Status: Postpone indefinitely in Senate Committee on Local Government and Energy, 2/10

SB 170: Nondiscrimination in Higher Ed Tuition Rates
Sponsor: Sen. Romer
Permits students, regardless of immigration status, to qualify for in-state tuition rate if they had attended a Colorado high school for 3 years and graduated or completed a GED and they enroll in a public institution of higher education within 5 years after high school completion. Creates an exemption to statue requiring verification of lawful presence for students who meet this criteria.
ACLU Position: Active Support
Current Status: Senate 2nd Reading Lost, 4/6
Click here to read the fiscal note for SB 170.
Read more about it in the Denver Post.

SB 221: Private School Tax Credit
Sponsors: Sen. Lundberg
Creates a property tax credit for parents who take their children out of public schools and transfer them to a private school, including parochial schools.  The property tax impact on school districts should drive a fiscal note for state equalization aid to school districts to “backfill” the lost revenue.  However, the bill is drafted to specifically prevent to school districts, thus reducing the fiscal impact but making the bill all the more unpalatable to public schools.  However, it will still have a fiscal note because lost property tax revenue to counties is required to be backfilled by the state under the terms of the bill.  (Translation:  this bill should be dead on arrival in committee).
ACLU Position: Active Oppose
Current Status: Died in Senate State Affairs, 2/23

SB 296: Seat Belt Primary Offense
Sponsors: Sen. Boyd & Rep. Ryden
Creates a primary offense for failure to wear a seat belt. Modifies child safety restraint law, and creates legislative intent that racial profiling law be strictly followed.
ACLU Position: Monitor
Current Status: Postpone Indefinitely in House Appropriations, 5/4