Key Bills

Colorado 2010: Civil Liberties in the Legislature

Want to see how your elected officials fared last year when it came to defending civil liberties? Check out the 2009 Eye on Colorado Legislative scorecard here.

Key Terms

Actively Support: We actively lobbied or testified in support of the bill..
Support: We supported the bill but did not testify on it.
Actively Oppose: We actively lobbied or testified to defeat the bill.
Oppose: We opposed the bill but did not testify on it.
Monitor: We kept an eye on the bill as it has a potential impact on civil liberties.

Read the Actual Bill

You can search for a specific bill at the very handy State Bill Colorado website.

Bills we feel strongly about:
A list of bills we're supporting, opposing, or trying to amend. Postponed Indefinitely is legislative-speak for "killed in committee"

We don't issue written statements on all of the bills that we lobby, often we have a speaker address the legislators directly, but if we do write a statement, you can read it here.

HB1008 - No Gender Individual Health Insurance Rates- SIGNED INTO LAW!
HB1021 - Required Coverage For Reproductive Services
HB1201 - Consent To Search Advisement- SIGNED INTO LAW!
HB1261 - Unborn Victims of Violence - Postponed Indefinitely
HB1269 - Workplace Fairness Civil Remedies Act - Defeated
HB1334 - Public Indecency And Indecent Exposure
HB1352 - Controlled Substance Crime Changes
HB1366 - Prohibitions On Circulating Petitions
SB179 - Voting Rights For Those In Criminal Justice System
SB084 - Peace Officers Bill Of Rights - Postponed Indefinitely
DOC Budget Request - (the prison funding request)
SB089 - Public Schools Religious Bill Of Rights - Postponed Indefinitely
SB113 - First Degree Murder Of A Fetus - Postponed Indefinitely
SB193 - Restraints Used On Pregnant Inmates -

 

HB1008: No Gender Individual Health Insurance Rates
Sponsors: Rep. Schafer and Rep. McCann & Sen. Carroll M. and Sen Schwartz
Health Care Task Force. The bill prohibits carriers from using gender as a basis for varying
premium rates for individual health insurance policies and declares premium rates based on
gender to be unfairly discriminatory.
ACLU Position: Passive Support
Current Status: 01/13/2010 Introduced In House - Assigned to Health and Human Services
02/04/2010 House Committee on Health and Human Services Refer Amended to House floor.
02/17/2010 House Second Reading Special Order - Passed with Amendments
02/18/2010 House Third Reading Passed
02/19/2010 Introduced In Senate - Assigned to Health and Human Services
03/04/2010 Senate Committee on Health and Human Services Refer Amended to Senate floor
03/15/2010 Senate Second Reading Psassed with Amendments
03/16/2010 Senate Third Reading Passed
03/19/2010 House Considered Senate Amendments - Result was to Concur - Repass
03/25/2010 Signed by the President of the Senate
03/25/2010 Signed by the Speaker of the House
03/29/2010 Signed by the Governor. READ NY TIMES ARTICLE HERE

HB1012: Limiting Surveillance of Workers Comp Claim Submitters
Sponsors: Rep. Pace & Sen. Carroll M
Interim Committee to Study Issues Related to Pinnacol Assurance. Section 1 of the bill:
* Prohibits an insurer or employer from conducting surveillance of an employee who has
submitted a workers' compensation claim unless the insurer or employer has a reasonable basis
to suspect that the employee has committed fraud or made a material misstatement concerning
the claim;
* Allows the employee to request an expedited hearing before a prehearing administrative law
judge;
* Requires the insurer or employer to provide all materials collected during the surveillance to
the injured worker and to destroy all materials collected during the surveillance unless the
materials are reasonably necessary to resolve an ongoing claim of fraud;
* Requires persons conducting surveillance to answer the employee's questions truthfully; and
* Creates a $1,000-per-day penalty for violations. Section 2 of the bill:
* Directs the prehearing administrative law judge to issue an injunction against the surveillance
unless the insurer or employer shows that it has a reasonable basis to suspect that the employee
has committed fraud or made a material misstatement concerning the claim; and
* Allows the identity of a witness or whistleblower who provides evidence in good faith to be
withheld or limited to an in camera review.
ACLU Position: Passive Support
Current Status: 01/13/2010 Introduced In House - Assigned to Judiciary

HB1021: Required Coverage For Reproductive Services
Sponsors: Rep. Frangas and Rep. McCann & Sen. Foster
Health Care Task Force. The bill requires entities issuing individual sickness and accident
insurance policies in this state to provide the same coverage for maternity care as is currently
mandated for all group sickness and accident insurance policies. The bill also requires both
individual and group policies to provide coverage for pregnancy management, including
contraceptive counseling, drugs, and devices. The bill excludes abortion procedures and services
from pregnancy management.
ACLU Position: Passive Support
Current Status: 01/13/2010 Introduced In House - Assigned to Business Affairs and Labor
  02/03/2010 House Committee on Business Affairs and Labor Refer Amended to House Committee of the Whole

HB1201: CONSENT TO SEARCH ADVISEMENT
Sponsors: Rep. Middleton & Sen. Steadman
Before conducting a consensual search of a car or a pedestrian, the bill requires a peace officer to inform the person that he or she has the right to say No to the officer's request to perform a search. The consent applies only to searches for which there is otherwise no legal basis.
ACLU Position: Active Support
Current Status: 01/25/2010 Introduced In House - Assigned to Judiciary
02/22/2010 Passes House Judiciary; Refer Amended to House floor.
02/26/2010 Passes House 2nd Reading
03/01/2010 Passes House 3rd Reading
03/03/2010 Introduced In Senate - Assigned to Judiciary
03/22/2010 Passes (UNANIMOUSLY) Senate Judiciary; Refer Amended to Senate floor.
03/29/2010 Passes (UNANIMOUSLY) Senate
03/30/2010 Signed by Governor

HB1261 Unborn Victims Of Violence Act
Sponsors: Rep. Bradford and Rep. Summers
The bill creates a new statutory part that addresses violent acts against an unborn child and includes the
following crimes:
*Murder of an unborn child; and
*Voluntary manslaughter of an unborn child.
An unborn child is defined as 16 weeks or older. The bill describes acts that do not constitute crimes under the new part.
ACLU Position: Active Oppose
Current Status: House Judiciary

HB1269 Workplace Fairness Civil Remedies Act
Sponsors: Rep. Levy and Sen. Carroll
Current law does not allow an award of compensatory or punitive damages or attorney fees and costs to a plaintiff who prevails in a lawsuit alleging a discriminatory or unfair employment practice under state law. While federal employment antidiscrimination laws allow such damages and reasonable attorney fees and costs, only employers who employ 15 or more employees are subject to federal law. Moreover, victims of employment discrimination on the basis of sexual orientation are not afforded protections under federal law. Thus, employees who work for employers with fewer than 15 employees or who claim employment discrimination on the basis of sexual orientation are not allowed compensatory or punitive damages or to recover reasonable attorney fees and costs when they prove a case of employment discrimination. The bill establishes the "Workplace Fairness and Civil Rights and Remedies Act of 2010", which would allow the additional remedies of compensatory and punitive damages in employment discrimination cases brought under state law. These damages would be in addition to the remedies allowed under current law, namely, front pay, back pay, interest on back pay, reinstatement or hiring, and other equitable relief that may be awarded. Compensatory damages are to compensate a plaintiff for other pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses. If the plaintiff shows by a preponderance of the evidence that the defendant engaged in a discriminatory or unfair employment practice with malice or reckless indifference to the rights of the plaintiff, the plaintiff may recover punitive damages. The bill caps the overall damages, including both compensatory and punitive, if applicable, that may be awarded to a plaintiff, based on the size of the employer defendant, as follows:
* For employers with 14 or fewer employees, not more than $25,000;
* For employers with between 15 and 100 employees, not more than $50,000;
* For employers with between 101 and 200 employees, not more than $100,000;
* For employers with between 201 and 500 employees, not more than $200,000; and
* For employers with more than 500 employees, not more than $300,000. When a plaintiff claims compensatory or punitive damages in a civil lawsuit, either party to the action is entitled to demand a jury trial. If the case is tried by a jury, the court is not to inform the jury of the damage caps. Additionally, the court may award the prevailing party reasonable attorney fees and costs. In the first year after the bill takes effect, compensatory and punitive damages and reasonable attorney fees and costs would only be available against an employer with 15 or more employees. For actions accruing on or after August 11, 2011, these remedies would be available against any employer, regardless of the number of employees it employs.
ACLU Position: Active Support
Current Status:02/05/2010 Introduced In House - Assigned to Judiciary
02/05/2010 Introduced In House - Assigned to Judiciary + Appropriations
03/01/2010 House Committee on Judiciary Refer Amended to Appropriations
04/09/2010 House Committee on Appropriations Refer Amended to House Committee of the Whole
04/13/2010 House Second Reading Laid Over to 04/15/2010
04/15/2010 House Second Reading Lost with Amendments

HB1334 Public Indecency And Indecent Exposure
Sponsors: Rep. King and Sen. Steadman
Under current law, a public act of masturbation is a crime under the public indecency statute and is a class 1 petty offense. The bill moves the offense to the crime of indecent exposure, a class 1 misdemeanor. The bill expands the definition of the crime of public indecency, which is a class 1 petty offense, to include knowingly exposing one's genitals in a way that is likely to cause affront or alarm to another person. If a person has been previously convicted of that same act of public indecency, the bill raises the penalty from a class 1 petty offense to a class 1 misdemeanor. The bill also expands the definition of the crime of indecent exposure to include exposing one's genitals in public with the intent to
arouse or satisfy the sexual desire of any person. The bill adds a subsequent conviction of one provision of the crime of public indecency to the definition of "unlawful sexual behavior" for purposes of the sex offender registration statutes.
ACLU Position: Active Support
Current Status: Awaiting Governor's signature
02/09/2010 Introduced In House - Assigned to Judiciary + Appropriations
03/01/2010 House Committee on Judiciary Refer Amended to Appropriations
03/26/2010 House Committee on Appropriations Refer Unamended to House Committee of the Whole
04/01/2010 House Second Reading Passed with Amendments
04/05/2010 House Third Reading Passed
04/13/2010 Introduced In Senate - Assigned to Judiciary
04/19/2010 Senate Committee on Judiciary Refer Amended to Senate Committee of the Whole
04/22/2010 Senate Second Reading Laid Over Daily
04/27/2010 Senate Second Reading Laid Over to 04/30/2010
04/30/2010 Senate Second Reading Passed with Amendments
05/03/2010 Senate Third Reading Passed
05/05/2010 House Considered Senate Amendments - Result was to Laid Over Daily
05/06/2010 House Considered Senate Amendments - Result was to Concur - Repass

HB1352: Controlled Substance Crime Changes
Sponsors: Rep. Waller & Sens. Steadman & Mitchell
The bill changes the classification, scope, definitions, and other specific provisions of certain drug-related crimes and the crime of fraud and deceit.
ACLU Position: Passive Support
Current Status:02/23/2010 Introduced In House - Assigned to Judiciary + Appropriations
03/22/2010 House Committee on Judiciary Refer Amended to Appropriations
04/09/2010 House Committee on Appropriations Refer Amended to House Committee of the Whole
04/13/2010 House Second Reading Laid Over Daily
04/14/2010 House Second Reading Passed with Amendments
04/15/2010 House Third Reading Passed with Amendments
04/19/2010 Introduced In Senate - Assigned to Judiciary + Appropriations
04/26/2010 Senate Committee on Judiciary Refer Amended to Appropriations
04/30/2010 Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole
05/04/2010 Senate Second Reading Laid Over Daily
05/07/2010 Senate Second Reading Passed with Amendments
05/10/2010 Senate Third Reading Passed
05/11/2010 House Considered Senate Amendments - Result was to Concur - Repass

HB1360: Parole Placement For Technical Violation
Sponsors: Rep. Pace & Sen. Steadman
Section 1. The bill clarifies that parole officers' duties include helping offenders reintegrate into society.
Section 2. The bill creates a recidivism reduction grant program administered by the division of adult parole in the department of corrections (DOC). The program will provide grants to branch parole offices that partner with a local treatment provider or other service provider to implement evidence-based practices designed to reduce recidivism among parolees by 20% over the 2-year period of the grant. A multidisciplinary team selected and led by the director of the division of parole in the DOC shall review the applications and recommend award recipients to the executive director of the DOC (executive director). The executive director shall award the grants. Section 2 of the bill also requires the division of criminal justice in the department of public safety (DCJ) to prepare a status report on the grant program awards and a report that is a research-based process evaluation of the services and practices offered by grant recipients. The DCJ will annually submit the reports to the general assembly.
Section 3. The bill lowers the maximum amount of time that the state board of parole (parole board) may revoke parole for a parolee who has committed a technical parole violation. The bill creates a new option for the parole board at a revocation hearing for a parolee who commits a parole violation based on a substance abuse problem, mental illness, or both. If the parole board finds the parolee would be amenable to treatment, the parole board can continue the parole revocation hearing and modify the parolee's parole conditions to allow the parolee to be placed in a treatment program that suits the parolee's needs. If the parolee completes the treatment program, the parole board shall dismiss the parole revocation complaint. If the parolee is terminated from the treatment program, the parole board shall set a new revocation hearing. The bill creates a cash fund to support the treatment costs needed for the new parole revocation option and directs the general assembly to appropriate a portion of the cost savings generated by the bill to the cash fund.
Section 4. The bill requires the DCJ to analyze annually and report the fiscal savings generated by the bill.
ACLU Position: Passive Support
Current Status: Awaiting Governor's signature
03/10/2010 Introduced In House - Assigned to Judiciary + Appropriations
04/19/2010 House Committee on Judiciary Refer Amended to Appropriations
04/23/2010 House Committee on Appropriations Refer Amended to House Committee of the Whole
04/26/2010 House Second Reading Laid Over Daily
04/27/2010 House Second Reading Passed with Amendments
04/28/2010 House Third Reading Passed
04/29/2010 Introduced In Senate - Assigned to Judiciary + Appropriations
05/05/2010 Senate Committee on Judiciary Refer Amended to Appropriations
05/07/2010 Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole
05/11/2010 Senate Second Reading Passed with Amendments
05/12/2010 House Considered Senate Amendments - Result was to Concur - Repass
05/12/2010 Senate Third Reading Passed

HB1366: Prohibitions On Circulating Petitions
Sponsors: Rep. Apuan & Sen. Newell
The bill makes it unlawful for any person who is on parole or probation for offenses involving unlawful sexual behavior or felony fraud to act as a petition circulator.
ACLU Position: Active Oppose
Current Status:03/17/2010 Introduced In House - Assigned to State, Veterans, & Military Affairs + Finance + Appropriations
04/06/2010 House Committee on State, Veterans, & Military Affairs Refer Amended to Finance
04/21/2010 House Committee on Finance Refer Amended to Appropriations
04/30/2010 House Committee on Appropriations Refer Amended to House Committee of the Whole
04/30/2010 House Second Reading Special Order - Passed with Amendments
05/03/2010 House Third Reading Laid Over Daily
05/04/2010 House Third Reading Passed
05/04/2010 Introduced In Senate - Assigned to Business, Labor and Technology + Finance
05/05/2010 Senate Committee on Business, Labor and Technology Refer Unamended to Finance
05/07/2010 Senate Committee on Finance Postpone Indefinitely

SB084: PEACE OFFICERS BILL OF RIGHTS
Sen. Tochtrop & Rep. Gagliardi
While individual law enforcement agencies in the state may have adopted civil service systems or may be a part of a collective bargaining process that establishes rights of peace officers, there is no consistency among state and local governments who hire peace officers for law enforcement duties (employing agencies). The bill establishes minimum standards that all employing agencies must provide to peace officers as part of their employment regarding:
* A peace officer's ability to engage in political activity;
* Entry of adverse comments in a peace officer's personnel records;
* Participation in employee organizations;
* Bringing suit arising out of the performance of a peace officer's duties;
* Truth verification tests;
* Public statements regarding internal investigations;
* Tests of blood, breath, or urine;
* Arrest quotas;
* Internal noncriminal investigations;
* Predisciplinary administrative hearings;
* Availability of a third-party review of major disciplinary decisions; and
* Discipline.
ACLU Position: Active Amend
Current Status: 01/20/2010 Introduced In Senate - Assigned to Judiciary

SB 089: Public Schools Religious Bill Of Rights
Sponsors: Rep. Sonnenberg & Sen. Schultheis
The bill establishes the "Religious Bill of Rights for Individuals Connected to Public Schools Act" (act), which requires the state board of education (state board) to adopt a religious bill of rights for public school students and parents and a religious bill of rights for public school teachers and employees (religious bills of rights) outlining each party's respective inalienable individual religious rights. The state board shall distribute the religious bills of rights to school district boards of education (local boards), and each local board shall adopt policies and procedures to implement the act, including the annual distribution of the religious bills of rights to students, parents, teachers, and employees of the school district. Additionally, local boards of education shall provide opt-out provisions to individuals for classes or course materials that are in conflict with the individual's religious beliefs. The bill provides that individual members of local boards are personally liable for lawsuits brought under the act if the local board fails to adopt policies and procedures to implement the act or to ensure compliance with the act.
ACLU Position: Active Oppose
Current Status: 01/20/2010 Introduced In Senate - Assigned to Judiciary
Wednesday, February 3, 1:30 P.M. SCR 352 (2) in senate calendar.


SB 113: First Degree Murder Of A Fetus
Sponsors: Rep. Nikkel & Sen. Schultheis
Makes killing a fetus in certain circumstances a class 1 felony. Makes the following exceptions to a charge involving the killing of a fetus:
* That the defendant was providing medical treatment to which the mother of the fetus consented; or
* That the act was committed by a physician in a case where, to a medical certainty, the result of childbirth would be death of the mother of the fetus or where her death from childbirth, although not medically certain, would be substantially certain or more likely than not. Makes a 5-year appropriation..
ACLU Position: Active Oppose
Current Status: 01/22/2010 Introduced In Senate - Assigned to State, Veterans & Military Affairs

SB 179: Voting Rights For Those In Criminal Justice System
Sponsors: Sen. Steadman
Existing law prohibits a person serving a sentence of detention or confinement in a correctional facility, jail, or other location for a felony conviction or serving a sentence of parole from being eligible to register to vote or to vote in any election. Section 3 of the bill clarifies that a person on inmate status for a felony conviction is not eligible to register to vote or to vote in any election. Section 3 further permits any individual who is not on inmate status to register or vote in any election. Section 2 of the bill clarifies that inmate status does not include an individual who is no longer confined involuntarily in a municipal, county, or state prison, jail, detention facility, or other location while serving a sentence of parole. Section 2 also delineates various circumstances affecting offenders that do not constitute inmate status. Section 4 of the bill places duties upon county sheriffs, probation officers, parole officers, administrators of juvenile facilities, and administrators of community corrections programs to facilitate the registration for voting purposes of, and voting by, an individual not on inmate status who is in the custody of such official or assigned to the facility the official administers. Section 4 further specifies that such duties shall include advising the individual of his or her voting rights, providing the individual with information as to the manner in which the individual may register and cast a ballot, providing the individual with voter information materials, and, in applicable cases, ensuring that any mail or mail-in ballot cast by the individual is timely delivered to the designated election official. Section 4 also exempts county sheriffs or their designees from any restriction under law on the number of mail or mail-in ballots an eligible elector may deliver in person to the designated election official. Sections 5 through 9 of the bill make conforming amendments to the statutory provisions governing the powers and duties of county sheriffs, probation officers, parole officers, and administrators of community corrections programs and juvenile facilities. Sections 10 and 11 of the bill make conforming amendments that would allow confined prisoners awaiting trial to register and vote in municipal elections.
ACLU Position: Active Support
Current Status:03/03/2010 Introduced In Senate - Assigned to Judiciary
03/29/2010 Passes Senate Judiciary 4-2, Referred to Senate Appropriations

SB 193: Restraints Used On Pregnant Inmates
Sponsors: Sen. Hudak, Rep. Levy
The bill addresses the use of restraints on pregnant women in custody or confined in prisons, city and county jails, juvenile detention facilities, or department of human services facilities. The bill requires that the least restrictive restraint necessary to ensure safety be used on a woman in her second or third trimester of pregnancy. Staff shall not use restraints of any kind on a pregnant woman during labor and delivery of the child, postpartum recovery, or transport to or from a medical facility for childbirth unless medical staff determines that restraints are necessary for safe childbirth, the woman poses an immediate and serious risk of harm to herself or medical staff, or the woman poses a substantial risk of escape that cannot be reasonably reduced by another method. In any event, however, the staff will not use leg shackles or waist restraints. Staff shall make a record of any restraint used on a woman during labor or delivery, postpartum recovery, or transport to or from a medical facility for childbirth. Staff shall maintain the record for a minimum of 5 years and make it available to the public with personally identifying information removed. The bill entitles a woman to have a member of the medical staff present at any strip search conducted upon the woman's return to confinement after childbirth. Staff shall inform a pregnant woman of the provisions of the statute relating to the use of restraints and any post-childbirth strip search at the time of the initial intake or determination of the pregnancy, at the onset of labor, and upon return to confinement after childbirth. The bill requires that staff receive adequate training concerning the provisions of the bill.
ACLU Position: Active Support
Current Status: 04/13/2010 Introduced In Senate - Assigned to Judiciary
  04/13/2010 Introduced In Senate - Assigned to Judiciary + Appropriations
  04/14/2010 Senate Committee on Judiciary Witness Testimony and/or Committee Discussion Only
  04/21/2010 Senate Committee on Judiciary Refer Amended to Appropriations
  04/30/2010 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
  05/04/2010 Senate Second Reading Passed with Amendments
  05/05/2010 Senate Third Reading Passed
  05/05/2010 Introduced In House - Assigned to Judiciary
  05/10/2010 House Committee on Judiciary Refer Amended to House Committee of the Whole

DOC Budget Request - (the prison funding request)
While not technically a bill in its own right, this Friday, March 12, the Joint Budget Committee will be finalizing the Department of Corrections (DOC) budget for the upcoming fiscal year. As part of its 2010-2011 budget request, the DOC is asking for $10.8 million to open one administrative segregation tower at the Colorado State Penitentiary II (CSP 2). This request is stunning because it comes on the heels of recent cuts for prison vocational and educational programs ($3 million) and wrap-around services for parolees ($1.8 million). DOC officials claim the "super-max" beds in this new tower are needed to protect prison staff and to prevent prisoner-on-prisoner violence, but the DOC's own statistics don't support its claim. DOC needs more mental-health services and more well-trained staff, not more super-max beds. Read more about our position here.
ACLU Position: Active Oppose
Current Status: 03/12/2010 Final Discussion by Joint Budget Committee.

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