HB23-1003 | School Mental Health Assessment |
Position: | Amend |
Calendar Notification: | Thursday, April 6 2023 SENATE HEALTH & HUMAN SERVICES COMMITTEE 1:30 PM SCR 357 (1) in senate calendar. |
Short Title: | School Mental Health Assessment |
Sponsors: | D. Michaelson Jenet (D) / L. Cutter (D) |
Summary: | The bill creates the sixth through twelfth grade mental health The bill allows any public school that serves any of grades 6 through 12 and meets certain requirements to participate in the program and requires a public school that wants to participate in the program to notify the department. The bill requires participating schools to provide written notice to the parents of students within the first 2 weeks of the start of the school year in order to allow parents to opt their child out of participating in the mental health The bill specifies that a student 12 years of age or older may consent to participate in the mental health Mental health The bill requires a The bill authorizes the department to promulgate rules as necessary to implement and administer the program. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)
|
Status: | 3/22/2023 Introduced In Senate - Assigned to Health & Human Services |
HB23-1019 | Judicial Discipline Procedures And Reporting |
Position: | Actively Monitor |
Calendar Notification: | Tuesday, March 28 2023 GENERAL ORDERS - SECOND READING OF BILLS (3) in house calendar. |
Short Title: | Judicial Discipline Procedures And Reporting |
Sponsors: | M. Weissman (D) | M. Lynch (R) / B. Gardner (R) | J. Gonzales (D) |
Summary: | For the rules governing judicial discipline adjudicative board (board) proceedings promulgated by the Colorado supreme court, the bill requires the supreme court to provide the board with notice and an opportunity to object and, if the board objects, to engage with the board in good-faith efforts to resolve differences, and post notice of each rule, guideline, or procedure and allow for public comment, including an opportunity for the public to address the supreme court. Current law requires the commission to maintain annual data and statistics related to its work and judicial misconduct allegations. The bill requires the commission to maintain additional information and requires the commission to include the data and information in its annual report and make the data and information available online in a searchable format. The bill repeals the statute establishing the legislative interim committee on judicial discipline because the committee is not authorized to meet after the 2022 legislative interim. The bill permits a person to submit a request for evaluation of judicial misconduct by mail or online. The office of judicial discipline (office) is required to develop an online request for evaluation form that is accessible from the commission's public website. The bill permits a person to submit a confidential or anonymous request for evaluation. The bill establishes a process for the office to provide complainants with information about the judicial discipline process and about the status of the complainant's request and any subsequent investigation and disciplinary or adjudicative process. The bill requires a judge member of a board panel hearing a judicial discipline proceeding to provide administrative staff support for the panel.
|
Status: | 3/27/2023 House Second Reading Laid Over Daily - No Amendments |
HB23-1034 | Measures To Expand Postconviction DNA Testing |
Position: | Actively Monitor |
Calendar Notification: | NOT ON CALENDAR |
Short Title: | Measures To Expand Postconviction DNA Testing |
Sponsors: | L. Daugherty (D) | M. Soper (R) / J. Gonzales (D) | C. Simpson (R) |
Summary: | Under current law, an incarcerated person can motion the court for postconviction DNA testing to prove the person's actual innocence if DNA testing was not available at the time of the person's prosecution. The bill changes who can apply for postconviction DNA testing to include a person convicted of or adjudicated not guilty by reason of insanity for a felony offense in Colorado, including a person currently incarcerated; a person on parole or probation for a felony offense; a person subject to sex offender registration; or a person who has completed the sentence imposed for the felony offense. The bill allows an eligible person to apply for postconviction DNA testing:
The bill permits the court to order postconviction DNA testing if there is a reasonable probability that the petitioner would not have been convicted The bill allows a court to consider a subsequent petition with new or different grounds for relief if the If the results of DNA testing are favorable to the petitioner, the court shall schedule a hearing within 30 days after the results to determine appropriate relief to be granted including, but not limited to, an order setting aside or vacating the petitioner's conviction. The bill requires the district attorney to notify the victim of the hearing at which the victim can appear. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) |
Status: | 3/10/2023 Governor Signed |
HB23-1077 | Informed Consent To Intimate Patient Examinations |
Position: | Actively Support |
Calendar Notification: | Thursday, March 30 2023 SENATE HEALTH & HUMAN SERVICES COMMITTEE 1:30 PM SCR 357 (3) in senate calendar. |
Short Title: | Informed Consent To Intimate Patient Examinations |
Sponsors: | J. Willford (D) | L. Garcia (D) / F. Winter (D) | S. Jaquez Lewis (D) |
Summary: | The bill prohibits a licensed physician; licensed medical resident, intern, or fellow; licensed professional nurse; advanced practice registered nurse; registered direct-entry midwife; or medical, nursing, or direct-entry midwife student or trainee (licensee, student, or trainee) from performing
The bill outlines the requirements for obtaining the patient's informed consent. Failure to comply with the requirements of the bill, or retaliating against a person who complains about a violation of the bill, constitutes unprofessional conduct, is grounds for discipline, and subjects the licensee, student, or trainee to discipline by the regulator that regulates the particular health-care profession. A licensed health-care facility is required to either:
A licensed health-care facility is required to report to the applicable regulator any licensee who violates the facility's policy against intimate examinations of sedated or unconscious patients for educational or training purposes or who fails to obtain a patient's specific informed consent to such examination. A licensed health-care facility that fails to comply with the requirements of the bill is subject to sanctions imposed by the department of public health and environment. Additionally, liability limitations otherwise applicable to health-care professionals and institutions under current law do not apply to a licensee that performs, or a licensed health-care facility that permits a licensee to perform, an intimate examination on a sedated or unconscious patient in violation of the requirements of the bill. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)
|
Status: | 3/16/2023 Introduced In Senate - Assigned to Health & Human Services |
HB23-1107 | Crime Victim Services Funding |
Position: | Actively Support |
Calendar Notification: | NOT ON CALENDAR |
Short Title: | Crime Victim Services Funding |
Sponsors: | M. Duran (D) | R. Pugliese (R) / B. Gardner (R) | F. Winter (D) |
Summary: | The bill requires the general assembly to annually appropriate, at a minimum, the following amounts for crime victim services, in addition to other statutorily required appropriations:
The general assembly is permitted to appropriate less than $3 million to the victims and witnesses assistance and law enforcement fund for allocation to judicial districts and instead appropriate that money to the Colorado crime victim services fund or the state victims assistance and law enforcement fund. Under existing law, the Colorado crime victim services fund and the state domestic violence and sexual assault services fund are scheduled for repeal in 2027. The bill continues both funds indefinitely.
|
Status: | 3/1/2023 House Committee on Judiciary Refer Amended to Appropriations |
HB23-1108 | Victim And Survivor Training For Judicial Personnel |
Position: | Actively Support |
Calendar Notification: | Wednesday, April 5 2023 SENATE JUDICIARY COMMITTEE 1:30 PM Old Supreme Court (4) in senate calendar. |
Short Title: | Victim And Survivor Training For Judicial Personnel |
Sponsors: | M. Duran (D) | G. Evans (R) / C. Hansen (D) | B. Gardner (R) |
Summary: | The bill creates a task force to study victim and survivor awareness and responsiveness training requirements for judicial personnel (task force) in the office for victims programs in the division of criminal justice. The task force consists of members who have experience representing victims and survivors of domestic violence, sexual assault, or other crimes; lived experience as a victim or survivor of domestic violence, sexual assault, or other crimes; or are members of the judicial community. The task force is required to analyze current training provided to judicial personnel around the country on topics of domestic violence, sexual assault, and other crimes, in order to determine best practices and training requirements for judicial personnel in the state. The task force is required to convene by July 1, 2023, and is required to meet at least 4 times but not more than 10 times. The task force is required to submit a report with its findings and recommendations to the house of representatives judiciary committee and the senate judiciary committee, or their successor committees, and the judicial department by November 1, 2023. The task force must convene its final meeting no later than October 15, 2023. The task force is repealed, effective July 1, 2024.
|
Status: | 3/9/2023 Introduced In Senate - Assigned to Judiciary |
HB23-1109 | School Policies And Student Conduct |
Position: | Amend |
Calendar Notification: | Wednesday, March 29 2023 House Education Upon Adjournment Room 0107 (3) in house calendar. |
Short Title: | School Policies And Student Conduct |
Sponsors: | S. Gonzales-Gutierrez (D) | J. Joseph (D) / F. Winter (D) |
Summary: | The bill requires a school district to implement additional procedural safeguards for an expulsion hearing (hearing). A school district is required to provide all records that the school district intends to use as supporting evidence in a hearing to the student or the student's parent, guardian, or legal custodian at least 5 business days prior to the hearing. If a school district intends to present written statements or oral testimony from witnesses during the hearing, the student and the student's parent, guardian, or legal custodian must be notified at least 5 business days prior to the hearing of the contents of the written statement or oral testimony provided to the school district. The student and the student's parent, guardian, or legal custodian have the right to cross-examine adverse witnesses who provide a written statement or oral testimony to the school district. During the hearing, the school district has the burden of presenting clear and convincing evidence to demonstrate that the student violated state law and the school district's policy, and that excluding the student from the learning environment through expulsion or denial of admission is necessary. Following the hearing, the executive officer or designee acting as a hearing officer is required to report findings of fact, findings regarding mitigating factors, and recommendations. Current law permits a student to be suspended, expelled, or denied admission for behavior on or off school property that is detrimental to the welfare or safety of other students or school personnel. The bill requires a school district or enrolling school district to demonstrate that a student's behavior off school grounds poses an imminent threat to other students or school personnel by establishing a direct and substantial nexus between the student's alleged conduct committed off school grounds and the risk of physical harm to other students or school personnel. Behavior that occurs off school grounds that results in delinquency or criminal charges and is unrelated to a school-sponsored event is not automatic grounds for suspension, expulsion, or denial of admission. For a hearing concerning a student whose alleged conduct occurred off school grounds, the executive officer or designee acting as a hearing officer is required to report findings of fact that establish a direct and substantial nexus between the student's behavior and the risk of physical harm to other students and school personnel. Current law allows a school district board of education (board) to delegate its power to its executive officer or to a designee who serves as a hearing officer to expel or deny admission to a student. The bill requires the individual who serves as the board's hearing officer to agree to recusal if a conflict of interest occurs that interferes with the individual's duty to act as an impartial hearing officer. An executive officer, a designee, or any individual acting as a hearing officer is also required to participate in an annual training on state and federal school discipline laws.
|
Status: | 1/23/2023 Introduced In House - Assigned to Education |
HB23-1199 | Forensic Medical Evidence Process Improvements |
Position: | Actively Support |
Calendar Notification: | NOT ON CALENDAR |
Short Title: | Forensic Medical Evidence Process Improvements |
Sponsors: | M. Froelich (D) | M. Soper (R) / F. Winter (D) |
Summary: | The bill requires the department of public safety (department), by December 31, 2024, to develop and maintain a statewide system for victims of alleged sexual assault to monitor the status of evidence obtained from their forensic medical evidence examinations. The system must also provide relevant information for victims regarding the processing, custody, analysis, and destruction of evidence, as well as contact information for law enforcement and victim resources. Under current law, the division of criminal justice (division) in the department administers the sexual assault victim emergency payment program (program), which assists victims of sexual assault with medical expenses associated with a sexual assault. The bill repeals the requirement that the department cap an amount payable per victim based on reasonable costs and available funds and instead requires the department to cap amounts payable to medical facilities seeking reimbursement for services. The bill prohibits a medical facility that administers a medical forensic examination to a victim of an alleged sexual assault from billing the victim or the victim's public or private coverage for medical fees or costs associated with the examination unless the victim consents to the billing. A medical facility that administers a forensic medical examination may seek reimbursement from the program.
|
Status: | 3/8/2023 House Committee on Judiciary Refer Amended to Appropriations |
HB23-1200 | Improved Outcomes Persons Behavioral Health |
Position: | Actively Support |
Calendar Notification: | NOT ON CALENDAR |
Short Title: | Improved Outcomes Persons Behavioral Health |
Sponsors: | N. Ricks (D) | R. Bockenfeld (R) |
Summary: | The bill creates a behavioral health treatment voucher pilot program (program) to allow persons experiencing a behavioral health crisis who cannot find treatment with a behavioral health administration safety net provider to receive a voucher to use for payment with a private treatment provider (provider). The provider submits the voucher to the appropriate regional behavioral health administrative service organization for reimbursement. The bill allows one year for development of the program, then the program will operate through July 1, 2027. At the conclusion of the program, the behavioral health administration (BHA), in connection with the department of health care policy and financing and the department of human services, shall prepare a one-time report for the public and behavioral health and human services committee of the house of representatives and the health and human services committee of the senate. The bill grants the BHA authority to promulgate rules related to the creation of the program. The bill requires the behavioral health administration to create a family input form and require all behavioral health entities, recovery support services organizations, controlled substance licensed facilities, medicaid providers, hospitals, and emergency rooms to accept the family input form. The family input form allows a family member or friend of an individual to provide information or background on an individual needing mental health or behavioral health services.
|
Status: | 3/21/2023 House Committee on Public & Behavioral Health & Human Services Refer Amended to Appropriations |
HCR23-1001 | Judicial Discipline Procedures And Confidentiality |
Position: | Actively Monitor |
Calendar Notification: | Tuesday, March 28 2023 GENERAL ORDERS - SECOND READING OF BILLS (5) in house calendar. |
Short Title: | Judicial Discipline Procedures And Confidentiality |
Sponsors: | M. Weissman (D) | M. Lynch (R) / B. Gardner (R) | J. Gonzales (D) |
Summary: | The resolution clarifies the commission's authority to dismiss complaints. The resolution repeals the authority of the commission to conduct formal judicial disciplinary proceedings and request appointment of special masters, and creates an independent adjudicative board (board) to conduct formal proceedings and hear appeals of the commission's orders imposing informal sanctions. The board is comprised of 4 district court judges, 4 attorneys, and 4 citizens. The resolution prohibits a member of the commission from being appointed to the board and prohibits a member of the board from being appointed to the commission. A randomly selected panel of the board, comprised of one judge, one attorney, and one citizen, conducts formal proceedings in a case. The resolution permits the panel to dismiss a complaint, impose informal sanctions, or impose formal sanctions. The resolution sets the standards of review to be used by the supreme court when it reviews a panel's decision. The resolution requires a tribunal of 7 randomly selected court of appeals judges to review the panel's decision in the same manner and using the same standards of review when: The proceedings involve a complaint against a Colorado supreme court justice; a Colorado supreme court justice, a staff member to a justice, or a family member of a justice is a complainant or a material witness in the proceeding; or more than 2 justices have recused themselves from the proceeding. The tribunal reviews the panel's decision in the same manner and using the same standards of review as the supreme court does when it reviews panel decisions. Under existing law, commission proceedings are confidential until the commission files recommendations with the supreme court. The resolution makes proceedings public at the commencement of formal proceedings and clarifies that appeals to the board of informal remedial sanctions are confidential. The resolution clarifies that a person is absolutely immune from any action for defamation based on papers filed with or testimony before the commission, adjudicative board, supreme court, or tribunal. The resolution clarifies the circumstances in which the commission may release otherwise confidential information. The resolution creates a rule-making committee to propose rules for the commission. The supreme court approves or rejects each rule proposed by the rule-making committee. The Colorado rules of evidence and Colorado rules of civil procedure, as amended, apply to proceedings before a panel of the adjudicative board until and unless the supreme court promulgates rules specifically governing panel proceedings.
|
Status: | 3/27/2023 House Second Reading Laid Over Daily - No Amendments |
SB23-029 | Disproportionate Discipline In Public Schools |
Position: | Actively Support |
Calendar Notification: | NOT ON CALENDAR |
Short Title: | Disproportionate Discipline In Public Schools |
Sponsors: | D. Moreno (D) / M. Lindsay (D) |
Summary: | Current law encourages school districts to consider certain factors before suspending or expelling a student. The bill requires school districts to consider those factors before suspending or expelling a student. The bill requires school districts to document in a student's record and compile in the safe school report any alternative disciplinary attempts before suspending or expelling a student.
|
Status: | 3/22/2023 Senate Committee on Education Refer Amended to Appropriations |
SB23-054 | Missing And Murdered Indigenous Relatives Office |
Position: | Actively Support |
Calendar Notification: | NOT ON CALENDAR |
Short Title: | Missing And Murdered Indigenous Relatives Office |
Sponsors: | J. Danielson (D) |
Summary: | The bill requires the office of liaison for missing and murdered Indigenous relatives (office) in the department of public safety (department) to:
The bill grants office personnel access to relevant criminal justice records and medical, coroner, and laboratory records in the custody of state or local agencies that are necessary for the office to perform its duties. The bill permits the office to seek, accept, and expend gifts, grants, or donations in order to carry out the office's duties and to provide financial support to missing or murdered Indigenous relatives' families. The bill requires the community volunteer advisory board within the office (advisory board) to prepare an annual report that includes a summary of the advisory board's work during the prior year, issues related to missing or murdered Indigenous relatives, and a recommendation of whether the office should remain in the department. The advisory board is required to submit its report to the judiciary and state affairs committees of the house of representatives and the senate.
|
Status: | 3/1/2023 Senate Committee on Judiciary Refer Amended to Appropriations |
SB23-085 | Sunset Continue Sexual Misconduct Advisory Committee |
Position: | Actively Support |
Calendar Notification: | Monday, April 3 2023 House Education 1:30 p.m. Room 0107 (1) in house calendar. |
Short Title: | Sunset Continue Sexual Misconduct Advisory Committee |
Sponsors: | F. Winter (D) / E. Hamrick (D) | T. Story (D) |
Summary: |
|
Status: | 2/14/2023 Introduced In House - Assigned to Education |
SB23-164 | Sunset Process Sex Offender Management Board |
Position: | Amend |
Calendar Notification: | NOT ON CALENDAR |
Short Title: | Sunset Process Sex Offender Management Board |
Sponsors: | J. Gonzales (D) | B. Gardner (R) / J. Bacon (D) | M. Weissman (D) |
Summary: |
|
Status: | 3/22/2023 Senate Committee on Judiciary Lay Over Unamended - Amendment(s) Failed |
SB23-170 | Extreme Risk Protection Order Petitions |
Position: | Actively Support |
Calendar Notification: | Tuesday, March 28 2023 CONSIDERATION OF HOUSE AMENDMENTS TO SENATE BILLS (1) in senate calendar. |
Short Title: | Extreme Risk Protection Order Petitions |
Sponsors: | T. Sullivan (D) | S. Fenberg (D) / J. Bacon (D) | M. Weissman (D) |
Summary: | The bill repeals and reenacts the statutory article related to extreme risk protection orders. Under current law a family or household member and a law enforcement officer or agency can petition for an extreme risk protection order. The bill expands the list of who can petition for an extreme risk protection order to include licensed medical care providers, licensed mental health-care providers, licensed educators, and district attorneys. The bill requires the office of gun violence prevention to expend funds annually on a public education campaign regarding the availability of, and the process for requesting, an extreme risk protection order. |
Status: | 3/26/2023 House Third Reading Passed - No Amendments |
SB23-172 | Protecting Opportunities And Workers' Rights Act |
Position: | Actively Support |
Calendar Notification: | Wednesday, April 5 2023 SENATE JUDICIARY COMMITTEE 1:30 PM Old Supreme Court (6) in senate calendar. |
Short Title: | Protecting Opportunities And Workers' Rights Act |
Sponsors: | F. Winter (D) | J. Gonzales (D) / M. Weissman (D) | J. Bacon (D) |
Summary: | For purposes of addressing discriminatory or unfair employment practices pursuant to Colorado's anti-discrimination laws, the bill enacts the "Protecting Opportunities and Workers' Rights (POWR) Act", which:
|
Status: | 2/27/2023 Introduced In Senate - Assigned to Judiciary |
SB23-188 | Protections For Accessing Reproductive Health Care |
Position: | Actively Support |
Calendar Notification: | Tuesday, March 28 2023 State Library Judiciary Upon Adjournment Room Old (1) in house calendar. |
Short Title: | Protections For Accessing Reproductive Health Care |
Sponsors: | J. Gonzales (D) | S. Jaquez Lewis (D) / M. Froelich (D) | B. Titone (D) |
Summary: | The bill requires contracts between insurers or other persons and health-care providers regarding the delivery of health-care services to include a provision that prohibits the following actions if the actions are based solely on the health-care provider's provision of, or assistance in the provision of, reproductive health care or gender-affirming health-care services (legally protected health-care activity) in this state, so long as the care provided did not violate Colorado law:
If a medical malpractice action is brought in this state against a health-care provider regulated in this state or another state, section 8 prohibits a court or arbitrator from allowing evidence or witness testimony relating to professional discipline or criminal or civil charges in this state or another state concerning the provision of, or assistance in the provision of, a legally protected health-care activity, so long as the care provided did not violate Colorado law. Current law allows for the extradition of a person who committed an act in this state that intentionally results in a crime in the state whose executive authority is making the demand, even though the accused was not in the demanding state at the time of the commission of the crime. Section 13 requires the acts for which extradition is sought to be punishable by the laws of this state if the acts occurred in this state and prohibits the governor from surrendering a person charged in another state as a result of the person engaging in a legally protected health-care activity, unless the executive authority of the demanding state alleges in writing that the accused was physically present in the demanding state at the time of the commission of the alleged offense.
(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)
|
Status: | 3/23/2023 Introduced In House - Assigned to Judiciary |
SB23-189 | Increasing Access To Reproductive Health Care |
Position: | Actively Support |
Calendar Notification: | Tuesday, March 28 2023 Health & Insurance Upon Adjournment Room 0112 (4) in house calendar. |
Short Title: | Increasing Access To Reproductive Health Care |
Sponsors: | D. Moreno (D) | L. Cutter (D) / D. Michaelson Jenet (D) | L. Garcia (D) |
Summary: |
With the minor's consent, section 6 allows a health-care provider acting within the scope of the health-care provider's license, certificate, or registration to furnish contraceptive procedures, supplies, or information to the minor without notification to or the consent of the minor's parent or parents, legal guardian, or any other person having custody of or decision-making responsibility for the minor. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)
|
Status: | 3/23/2023 Introduced In House - Assigned to Health & Insurance |
SB23-190 | Deceptive Trade Practice Pregnancy-related Service |
Position: | Actively Support |
Calendar Notification: | Tuesday, March 28 2023 State Library Judiciary Upon Adjournment Room Old (2) in house calendar. |
Short Title: | Deceptive Trade Practice Pregnancy-related Service |
Sponsors: | F. Winter (D) | J. Marchman / K. McCormick (D) | E. Epps (D) |
Summary: | The bill makes it a deceptive trade practice for a person to make or disseminate to the public any advertisement that indicates A health-care provider engages in unprofessional conduct or is subject to discipline in this state if the health-care provider provides, prescribes, administers, or attempts medication abortion reversal in this state, unless the Colorado medical board, the state board of pharmacy, and the state board of nursing, in consultation with each other, each have in effect rules finding that it is a generally accepted standard of practice to engage in medication abortion reversal. The specified boards shall promulgate applicable rules no later than October 1, 2023, in consultation with each other, concerning whether engaging in medication abortion reversal is a generally accepted standard of practice. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)
|
Status: | 3/23/2023 Introduced In House - Assigned to Judiciary |