Amendments for SB22-099
Senate Journal, February 25
After consideration on the merits, the Committee recommends that SB22-099 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 2, strike lines 2 through 14.
Page 3, strike lines 1 through 17 and substitute:
"SECTION 1. In Colorado Revised Statutes, amend 5-18-105 as
follows:
5-18-105. Consumer reports - accuracy of information. Whenever
a consumer reporting agency prepares a consumer report, the agency shall
follow reasonable procedures to assure maximum possible accuracy of the
information concerning the consumer about whom the report relates, including
the use of the consumer's social security number if, in accordance with section
5-18-104 (1)(c)(I), the consumer's social security number is provided to the
consumer reporting agency by a person intending to use the information
contained in a consumer report in connection with a credit transaction involving
the consumer and the social security number was initially provided to the user
by the consumer in connection with that transaction. A CONSUMER REPORTING
AGENCY'S DUTY OF ACCURACY PURSUANT TO THIS SECTION INCLUDES THE
ACCURACY OF CRIMINAL JUSTICE RECORDS, AND THE CONSUMER REPORT
AGENCY SHALL EXCLUDE SEALED AND EXPUNGED RECORDS FROM A CONSUMER
REPORT, UNLESS OTHERWISE REQUIRED TO DISCLOSE SUCH INFORMATION UNDER
STATE OR FEDERAL STATUTE, RULES, OR REGULATIONS.".
Renumber succeeding sections accordingly.
Page 3, lines 24 and 25, strike "RECORDS OF CHARGES OR INDICTMENTS
PENDING TRIAL, SEALED" and substitute "SEALED".
Page 4, line 11, after "amend" insert "(1)(b),".
Page 4, line 19, strike "CONVICTION" and substitute "JUDGMENT".
Page 5, after line 1 insert:
"(b) The state court administrator shall use the state conviction database
and the conviction databases of entities that do not report convictions to the
state database to compile the list. The state court administrator shall compile the
list based on a name-based review with sufficient points of reference for
identification validation as determined by the state court administrator. The
state court administrator must only include convictions on the list if sufficient
points of validation, as determined by the state court administrator, are present.
THE STATE COURT ADMINISTRATOR SHALL NOT INCLUDE ANY CASE IN WHICH
THERE IS NO FINAL DISPOSITION ON ALL CHARGES IN THE CASE. THE STATE
COURT ADMINISTRATOR SHALL NOT INCLUDE ANY JUDGMENTS FOR WHICH THE
DEFENDANT HAS AN INTERVENING JUDGMENT DURING THE FOUR-YEAR WAITING
PERIOD IF THE JUDGEMENT IS FOR A CIVIL INFRACTION AND SHALL NOT INCLUDE
ANY CONVICTIONS FOR WHICH THE DEFENDANT HAS AN INTERVENING
CONVICTION DURING THE SEVEN-YEAR WAITING PERIOD IF THE CONVICTION IS
FOR A PETTY OFFENSE OR MISDEMEANOR OR DURING THE TEN-YEAR WAITING
PERIOD IF THE CONVICTION IS FOR A FELONY. The state court administrator shall
sort the list by judicial district of conviction.".
Page 5, line 3, strike "the list" and substitute "the A list OF DRUG CONVICTIONS,
MISDEMEANORS, AND PETTY OFFENSES THAT ARE ELIGIBLE".
Page 5, line 9, after the period add "THE STATE COURT ADMINISTRATOR SHALL
INCLUDE THE ELIGIBLE FELONY CONVICTIONS NOT FOUND IN ARTICLE 18 OF
TITLE 18 PURSUANT TO SUBSECTION (1)(a.5) OF THIS SECTION BEGINNING ON
JULY 1, 2025.".
Page 5, lines 11 and 12, strike "the Colorado bureau of investigation." and
substitute "the Colorado bureau of investigation EACH DISTRICT ATTORNEY,
EXCEPT FOR CIVIL INFRACTIONS. THE STATE COURT ADMINISTRATOR SHALL
SEND THE LIST OF CIVIL INFRACTIONS TO BE SEALED WITH THE FINAL LIST
PURSUANT TO SUBSECTION (3)(b) OF THIS SECTION TO THE CHIEF JUDGE FOR
EACH JUDICIAL DISTRICT.".
Page 5, line 12, strike "The Colorado bureau of investigation shall compare the
list" and substitute "The Colorado bureau of investigation shall compare the
list".
Page 5, strike lines 13 through 27 and substitute:
"with criminal history reports. The Colorado bureau of investigation shall
complete the comparison based on a fingerprint-based review with sufficient
points of reference for identification validation as determined by the Colorado
bureau of investigation. The Colorado bureau of investigation shall remove any
convictions from the list from the state court administrator in which sufficient
identification validation cannot be made by the Colorado bureau of
investigation and any convictions for which the defendant has an intervening
conviction during the seven-year waiting period if the conviction is for a petty
offense or misdemeanor, or during the ten-year waiting period if the conviction
is for a felony. The Colorado bureau of investigation shall forward each
amended list to each district attorney.".
Page 6, strike line 1.
Page 6, line 2, strike "(3) (a)" and substitute "(3) (a) (I)".
Page 6, lines 2 and 3, strike "Colorado bureau of investigation," and substitute
"Colorado bureau of investigation STATE COURT ADMINISTRATOR,".
Page 6, line 3, strike "district attorney" and substitute insert "ELECTED district
attorney, OR HIS OR HER DESIGNEE,".
Page 6, strike lines 5 through 17 and substitute "CONVICTION ON THE LIST FOR
CIRCUMSTANCES in which a condition of THE plea was that the defendant agreed
to not have the conviction record sealed, and convictions in which the defendant
has a pending criminal charge, AN INTERVENING CONVICTION, OR CONVICTIONS
THAT ARE INELIGIBLE FOR SEALING. Each district attorney shall send its
amended list to the state court administrator. The state court administrator shall
compile each of the lists into one final list and sort the convictions by judicial
district.
(II) FOR A FELONY CONVICTION FOR AN OFFENSE NOT IN ARTICLE 18 OF
TITLE 18, IN ADDITION TO THE OBJECTIONS IN SUBSECTION (3)(a)(I) OF THIS
SECTION, EACH DISTRICT ATTORNEY MAY, WITHIN FORTY-FIVE DAYS, OBJECT
WHEN THE DISTRICT ATTORNEY HAS A REASONABLE BELIEF, GROUNDED IN
SUPPORTING FACTS, THAT THE PUBLIC INTEREST AND PUBLIC SAFETY IN
RETAINING PUBLIC ACCESS TO THE CURRENT RECORD OR CASE OUTWEIGHS THE
PRIVACY INTEREST OF, OR ADVERSE CONSEQUENCES TO, THE DEFENDANT.
(III) EACH DISTRICT ATTORNEY SHALL FILE A NOTICE WITH THE COURT
IN THE CRIMINAL CASE THAT IS THE SUBJECT OF THE RECORD WITHOUT THE NEED
FOR ADDITIONAL SERVICE ON ANY PARTY, NOTING THE BASIS OF THE OBJECTION.
(IV) FOR OBJECTIONS PURSUANT TO SUBSECTION (3)(a)(II) OF THIS
SECTION, THE NOTICE MUST EXPLAIN THE BASIS FOR THE OBJECTION AND
INCLUDE ANY AVAILABLE SUPPORTING DOCUMENTS. IN SUCH CASES, THE COURT
SHALL SERVE NOTICE ON THE DEFENDANT AT THE DEFENDANT'S LAST KNOWN
ADDRESS AND EXPLAIN IN PLAIN LANGUAGE THAT THE DEFENDANT MAY
REQUEST A HEARING ON THE MATTER. IF THE DEFENDANT REQUESTS A HEARING,
THE COURT SHALL PROCEED PURSUANT TO SECTION 24-72-706.
(V) THE STATE COURT ADMINISTRATOR SHALL REMOVE THE
CONVICTIONS OBJECTED TO BY THE DISTRICT ATTORNEYS FROM THE LIST, IF
ANY, AND THEN COMPILE EACH OF THE LISTS INTO ONE FINAL LIST AND SORT THE
CONVICTIONS BY JUDICIAL DISTRICT. ALL CONVICTIONS FROM THE INITIAL LISTS
SHALL BE INCLUDED UNLESS OBJECTED TO WITHIN THE FORTY-FIVE-DAY PERIOD
AS INELIGIBLE UNDER SUBSECTION (3)(a)(I), (3)(a)(II), or (3)(a)(III) OF THIS
SECTION."."
Page 6, line 19, strike "subsection (3)(a)" and substitute "subsection (3)(a)
SUBSECTION (3)(a)(IV)".
Page 6, lines 24 through 26, strike "investigation, the law enforcement agency
that investigated the case, and the district attorney's office that prosecuted the
case" and substitute "investigation the law enforcement agency that investigated
the case, and the district attorney's office that prosecuted the case WITHIN THE
DISTRICT COURT'S JUDICIAL DISTRICT".
Page 6, line 26, strike "those entities." and substitute "those entities THE
COLORADO BUREAU OF INVESTIGATION.".
Page 7, line 13, strike "ETHNICITY" and substitute "SEX".
Page 7, lines 13 and 14, strike "MISDEMEANORS AND FELONIES," and substitute
"BY OFFENSE LEVEL,".
Page 7, lines 14 and 15, strike "RECEIVED FROM THE STATE COURT
ADMINISTRATOR'S OFFICE".
Page 7, strike lines 18 through 26 and substitute:
"(II) THE STATE COURT ADMINISTRATOR SENT TO THE CHIEF JUDGES FOR
EACH JUDICIAL DISTRICT; AND
(III) THE DISTRICT ATTORNEYS OBJECTED TO DUE TO:
(A) INTERVENING CONVICTIONS;
(B) THE INELIGIBILITY OF THE OFFENSE;
(C) PENDING CHARGES;
(D) PLEA AGREEMENTS WAIVING THE RIGHT TO RECORD SEALING; AND
(E) OBJECTIONS PURSUANT TO SUBSECTION (3)(a)(II) OF THIS SECTION.".
Page 8, line 3, strike "(10)(c)" and substitute "(10)(c); and add (10)(f)".
Page 8, after line 10 insert:
"(f) (I) UPON COMPLETION OF DIVERSION IN A CASE MANAGED BY A
DISTRICT ATTORNEY DIVERSION PROGRAM PRIOR TO CHARGES BEING FILED, THE
DISTRICT ATTORNEY SHALL SEAL THE DISTRICT ATTORNEY'S DIVERSION RECORD
WITHOUT A COURT ORDER. THIS SUBSECTION (10)(f) DOES NOT APPLY TO CASES
WITH OFFENSES LISTED IN SECTION 24-4.1-302 (1).
(II) THE DISTRICT ATTORNEY SHALL NOTIFY THE COLORADO BUREAU
OF INVESTIGATION AND THE LAW ENFORCEMENT AGENCY THAT HAD CONTACT
WITH THE INDIVIDUAL THAT DIVERSION IS COMPLETE AND THE CRIMINAL
JUSTICE RECORDS ARE SEALED. ANY LAW ENFORCEMENT AGENCY THAT
RECEIVES A NOTICE SHALL ACKNOWLEDGE RECEIPT OF THE NOTICE. THE
COLORADO BUREAU OF INVESTIGATION, LAW ENFORCEMENT AGENCY,
DIVERSION PROVIDER, AND DISTRICT ATTORNEY SHALL TREAT THE RECORDS AS
SEALED WITHIN THIRTY-FIVE DAYS AFTER THE COMPLETION OF DIVERSION, AND
ALL PROVISIONS OF SECTION 24-72-703 SHALL APPLY TO THOSE RECORDS.".
Page 13, line 6, after "(2)(b)," insert "(2)(c)," and strike "repeal (2)(c);".
Page 13, line 7, strike "(2)(a)(VII), (2)(d)(IV), and (13)" and substitute
"(2)(a)(VII), (2)(a)(VIII), and (2)(d)(IV)".
Page 13, line 11, after "criminal" insert "JUSTICE" and after the period add
"SUBSECTIONS (2), (4), (5), (6), (7), AND (12) OF THIS SECTION APPLY TO THE
AUTOMATIC SEALING OF CRIMINAL JUSTICE RECORDS PURSUANT TO SECTION
13-3-117.".
Page 13, line 15, strike "or party" and substitute "or party,".
Page 13, line 16, after "STATUTE" insert "OR RULES OR REGULATIONS".
Page 13, line 17, after "OF" insert "A PROSECUTOR".
Page 13, line 21, after "72" insert "AND SECTION 13-3-117".
Page 13, line 26, strike "RESTITUTION,".
Page 14, line 5, after "72" insert "AND SECTION 13-3-117".
Page 14, after line 16 insert:
"(VIII) A PROSECUTING ATTORNEY'S ACCESS TO RECORDS PURSUANT TO
THIS SUBSECTION (2) DOES NOT REQUIRE A COURT ORDER.
(IV) SEALED COURT RECORDS ARE OPEN TO INSPECTION WITHOUT
COURT ORDER TO ANY PERSON OR AGENCY FOR RESEARCH PURPOSES IF ALL OF
THE FOLLOWING CONDITIONS ARE MET:
(A) THE PERSON OR AGENCY CONDUCTING THE RESEARCH IS EMPLOYED
BY THE STATE OF COLORADO OR IS UNDER CONTRACT WITH THE STATE OF
COLORADO OR OTHER GOVERNMENTAL SUBDIVISION AND IS AUTHORIZED BY
THE STATE OR SUBDIVISION TO CONDUCT THE RESEARCH;
(B) THE PERSON OR AGENCY CONDUCTING THE RESEARCH ENSURES
THAT ALL DOCUMENTS CONTAINING IDENTIFYING INFORMATION ARE
MAINTAINED IN SECURE LOCATIONS AND ACCESS TO SUCH DOCUMENTS BY
UNAUTHORIZED PERSONS IS PROHIBITED, THAT NO IDENTIFYING INFORMATION
IS INCLUDED IN DOCUMENTS GENERATED FROM THE RESEARCH CONDUCTED,
AND THAT ALL IDENTIFYING INFORMATION IS DELETED FROM DOCUMENTS USED
IN THE RESEARCH WHEN THE RESEARCH IS COMPLETED;
(C) THE PERSON OR AGENCY ONLY RELEASES ANY DATA IN AGGREGATE
FORM;
(D) IF APPLICABLE, WHEN PUBLICLY REPORTING DE-IDENTIFIED
AGGREGATE INFORMATION ABOUT CRIMINAL JUSTICE ISSUES, THE INFORMATION
WOULD BE INACCURATE WITHOUT THE INCLUSION OF SEALED RECORD
INFORMATION;
(E) IF APPLICABLE, WHEN THE PURPOSE OF THE RESEARCH CANNOT BE
ACCOMPLISHED WITHOUT THE INCLUSION OF DE-IDENTIFIED SEALED RECORD
INFORMATION; AND
(F) IF APPLICABLE, WHEN THE PERSON OR AGENCY CONDUCTING THE
RESEARCH IS ALSO CONDUCTING DATA MAINTENANCE OR DATA LINKAGE ON
BEHALF OF A CUSTODIAN OF CRIMINAL JUSTICE RECORDS AND REQUIRES ACCESS
TO IDENTIFIED SEALED RECORD INFORMATION.".
Page 14, line 21, strike "A QUERY" and substitute "AN INQUIRY".
Page 15, line 1, after the period add "THE PERSON WHO IS THE SUBJECT OF THE
RECORDS AND THE PROSECUTING ATTORNEY MAY INSPECT THE RECORDS
INCLUDED IN AN ORDER SEALING CRIMINAL RECORDS WITHOUT A COURT ORDER
AND ONLY FOR THE PURPOSES PERMITTED BY LAW.".
Page 15, strike lines 13 through 26.
Page 16, line 23, before "NEITHER" insert "restitution,".
Page 16, line 25, strike "restitution,".
Page 17, strike lines 2 through 4.
Page 17, line 6, strike "(2)(b)(I)(B); repeal" and substitute "(2)(b)(I)(B) and".
Page 17, line 11, after the period add "THE PERSON WHO IS THE SUBJECT OF THE
RECORDS AND THE PROSECUTING ATTORNEY MAY INSPECT THE RECORDS
INCLUDED IN AN ORDER SEALING CRIMINAL RECORDS WITHOUT A COURT ORDER
AND ONLY FOR THE PURPOSES PERMITTED BY LAW.".
Page 17, line 22, after "REPORT" insert "THE NUMBER OF ARREST RECORDS
SEALED".
Page 17, line 26, strike "ETHNICITY" and substitute "SEX" and strike "FOR
MISDEMEANORS AND FELONIES:" and substitute "BY OFFENSE LEVEL.".
Page 17, strike line 27.
Page 18, strike lines 1 through 5.
Page 18, line 9, strike "(2)" and substitute "(2); and add (1)(a.5)".
Page 18, line 12, strike "MOTION AND AT THE TIME OF DISPOSITION," and
substitute "MOTION,".
Page 18, after line 13 insert:
"(a.5) THE COURT SHALL NOT REQUIRE A WRITTEN MOTION OR ANY
OTHER WRITTEN PLEADINGS FOR SEALING PURSUANT TO THIS SECTION. THE
COURT SHALL ENTER AN ORDER SEALING RECORDS PURSUANT TO THIS
SUBSECTION (1) AT THE TIME OF DISPOSITION AND SHALL SERVE THE SEALING
ORDER PURSUANT TO SECTION 24-72-703(8) NO LATER THAN TWENTY-EIGHT
DAYS AFTER THE DATE OF DISPOSITION.".
Page 19, line 26, after "(1)(b)(I)," insert "(1)(e)," and strike "(1)(e) and".
Page 19, line 27, strike "and (1)(b)(III.5)" and substitute "(1)(b)(III.5), and
(1)(i)".
Page 20, line 11, strike "AND" and substitute "OR".
Page 21, strike lines 2 through 6 and substitute:
"(e) Conviction records may not be sealed if the defendant still owes
restitution, fines, court costs, late fees, or other fees ordered by the court in the
case that is the subject of the motion to seal conviction records, unless the court
that entered the order for restitution fines, court costs, late fees, or other fees
vacated the order.".
Page 22, after line 1 insert:
"(i) THE COURT SHALL DETERMINE ELIGIBILITY OF A DRUG OFFENSE
COMMITTED ON OR AFTER OCTOBER 1, 2013, BY THE CLASSIFICATION OF THE
OFFENSE AT THE TIME OF CONSIDERING THE RECORD SEALING.".
Page 22, strike lines 24 and 25 and substitute:
"SECTION 15. In Colorado Revised Statutes, amend 24-72-708 as
follows:".
Strike page 23.
Page 24, strike lines 1 through 7 and substitute:
"records. (a) (I) A defendant may file a motion IN THE CRIMINAL CASE in which
any conviction records pertaining to the defendant for a municipal violation are
located for the sealing of the conviction records WITHIN THE TIME FRAMES
DESCRIBED IN SUBSECTION (1)(a)(II) OF THIS SECTION, except basic
identification information, if:
(A) The motion is filed three or more years after the date of the final
disposition of all criminal proceedings against the defendant or the release of
the defendant from supervision concerning a criminal conviction, whichever is
later; and THE DEFENDANT HAS NOT BEEN CHARGED WITH OR CONVICTED OF A
FELONY, MISDEMEANOR, OR MISDEMEANOR TRAFFIC OFFENSE IN THREE OR MORE
YEARS SINCE THE DATE OF THE FINAL DISPOSITION OF ALL CRIMINAL
PROCEEDINGS AGAINST THE DEFENDANT OR THE DATE OF THE DEFENDANT'S
RELEASE FROM SUPERVISION, WHICHEVER IS LATER; OR
(B) The defendant has not been charged or convicted of a felony,
misdemeanor, or misdemeanor traffic offense in the three or more years since
the date of the final disposition of all criminal proceedings against him or her
or the date of the defendant's release from supervision, whichever is later; and
THE DEFENDANT HAS A SINGLE SUBSEQUENT CONVICTION THAT WAS NOT A
FELONY AND DID NOT INVOLVE DOMESTIC VIOLENCE, AS DEFINED IN SECTION
18-6-800.3(1); UNLAWFUL SEXUAL BEHAVIOR, AS DEFINED IN SECTION
16-22-102(9); OR CHILD ABUSE, AS DEFINED IN SECTION 18-6-401.
(C) The conviction records to be sealed are not for a misdemeanor
traffic offense committed either by a holder of a commercial learner's permit or
a commercial driver's license, as defined in section 42-2-402, or by the operator
of a commercial motor vehicle, as defined in section 42-2-402.
(II) (A) Notwithstanding the provisions of subsection (1)(a)(I)(B) of this
section, a defendant may petition the district court of the district in which any
conviction records pertaining to the defendant for a municipal violation, except
a municipal assault or battery offense in which the underlying factual basis
involves domestic violence, as defined in section 18-6-800.3 (1), or any other
municipal violation in which the underlying factual basis involves domestic
violence, as defined in section 18-6-800.3 (1), or petty offense are located for
the sealing of the conviction records, except basic identification information,
if: A MOTION FILED PURSUANT TO SUBSECTION (1)(a)(I) OF THIS SECTION MAY
BE FILED THREE YEARS AFTER THE LATER OF THE DATE OF THE FINAL
DISPOSITION OF ALL CRIMINAL PROCEEDINGS AGAINST THE DEFENDANT OR THE
RELEASE OF THE DEFENDANT FROM SUPERVISION CONCERNING A CRIMINAL
CONVICTION.
(A) The defendant was convicted of a single offense that was not a
felony and did not involve domestic violence as defined in section 18-6-800.3
(1), unlawful sexual behavior as defined in section 16-22-102 (9), or child
abuse as defined in section 18-6-401;
(B) That offense occurred within three years of the date of the final
disposition of all criminal proceedings against him or her related to the
conviction that the defendant is seeking to have sealed or within three years of
the date of the defendant's release from supervision related to the conviction
that the defendant is seeking to have sealed, whichever is later; and A MOTION
FILED PURSUANT TO SUBSECTION (1)(a)(II) OF THIS SECTION MAY BE FILED TEN
YEARS AFTER THE DATE OF THE FINAL DISPOSITION OF ALL CRIMINAL
PROCEEDINGS AGAINST THE DEFENDANT FOR THE SUBSEQUENT CRIMINAL CASE
OR TEN YEARS AFTER THE DATE OF THE DEFENDANT'S RELEASE FROM
SUPERVISION FOR THE SUBSEQUENT CRIMINAL CASE, WHICHEVER IS LATER. TO
FILE A MOTION PURSUANT TO SUBSECTION (1)(A)(II) OF THIS SECTION, THE
DEFENDANT MUST NOT HAVE BEEN CONVICTED OF A FELONY, MISDEMEANOR, OR
MISDEMEANOR TRAFFIC OFFENSE IN TEN OR MORE YEARS SINCE THE DATE OF
THE FINAL DISPOSITION OF ALL CRIMINAL PROCEEDINGS AGAINST THE
DEFENDANT FOR THE SUBSEQUENT CRIMINAL CASE OR IN THE TEN OR MORE
YEARS SINCE THE DATE OF THE DEFENDANT'S RELEASE FROM SUPERVISION FOR
THE SUBSEQUENT CASE, WHICHEVER IS LATER.
(C) The defendant has not been convicted of a felony, misdemeanor, or
misdemeanor traffic offense in the ten or more years since the date of the final
disposition of all criminal proceedings against him or her for the subsequent
criminal case or in the ten or more years since the date of the defendant's release
from supervision for the subsequent case, whichever is later.
(b) Upon filing the petition MOTION, the defendant shall pay the filing
fee required by law.
(2) (a) Upon the filing of a motion, the court shall review the motion
and determine whether there are grounds pursuant to this section to proceed to
a hearing on the petition MOTION. If the court determines that the motion on its
face is insufficient or if the court determines that, after taking judicial notice of
matters outside the motion, the defendant is not entitled to relief pursuant to this
section, the court shall enter an order denying the motion and mail a copy of the
order to the defendant. The court's order shall specify the reasons for the denial
of the motion.
(b) IF THE PROSECUTOR FILES A WRITTEN OBJECTION, THE COURT SHALL
SET A DATE WITHIN FORTY-TWO DAYS OF THE FILING OF THE MOTION FOR A
HEARING AND THE COURT SHALL NOTIFY THE PROSECUTING ATTORNEY, THE
MUNICIPAL POLICE DEPARTMENT OR LOCAL LAW ENFORCEMENT AGENCY, AND
ANY OTHER PERSON OR AGENCY IDENTIFIED BY THE DEFENDANT. If the court
determines that the petition MOTION is sufficient on its face and that no other
grounds exist at that time for the court to deny the petition pursuant to this
section MOTION, the court shall set a date for a hearing and the court shall notify
by certified mail the prosecuting attorney, the arresting agency, and any other
person or agency identified by the defendant GRANT THE MOTION.
(3) (c) After the hearing described in subsection (2) SUBSECTION (2)(b)
of this section is conducted and if the court finds that the harm to the privacy
of the defendant or the dangers of unwarranted, adverse consequences to the
defendant outweigh the public interest in retaining public access to the
conviction records, the court may order the conviction records, except basic
identification information, to be sealed. In making this determination, the court
shall, at a minimum, consider the factors in section 24-72-706 (1)(g).".
Page 24, strike line 9 and substitute "(2)(a) and (4)(b) as follows:".
Page 24, line 12, strike "INFRACTION," and substitute "INFRACTION AND NOT AN
OFFENSE OR CIVIL INFRACTION LISTED IN SUBSECTION (5)(a) OF THIS SECTION,".
Page 24, strike lines 18 through 22 and substitute:
"(4) (b) Conviction records may not be sealed if the defendant still owes
restitution, fines, court costs, late fees, or other fees ordered by the court in the
case that is the subject of the petition to seal conviction records, unless the court
that entered the order for restitution fines, court costs, late fees, or other fees has
vacated the order.".
Senate Journal, April 19
After consideration on the merits, the Committee recommends that SB22-099 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation and with a recommendation that it be placed on the Consent Calendar.
Amend the Judiciary Committee Report, dated February 24, 2022, page 1, line
6, after "report," insert "INCLUDING REPORTS THAT INCLUDE CRIMINAL JUSTICE
RECORDS,".
Page 1, line 15, strike "A CONSUMER REPORTING AGENCY'S".
Page 1, strike lines 16 through 21 and substitute "A CONSUMER REPORTING
AGENCY SHALL EXCLUDE SEALED AND EXPUNGED RECORDS FROM A CONSUMER
REPORT, UNLESS THE USER OF THE REPORT DEMONSTRATES THAT THE USER IS
OTHERWISE REQUIRED TO CONSIDER THE INFORMATION PURSUANT TO STATE OR
FEDERAL STATUTE, RULE, OR REGULATION.".".
Page 4 of the committee report, strike lines 20 through 28.
Page 8 of the committee report, line 13, strike "ON OR AFTER" and substitute
"BEFORE".
Page 8, strike lines 15 through 34.
Strike page 9 of the committee report.
Page 10 of the committee report, strike lines 1 through 41.
Amend printed bill, page 6, strike lines 18 through 27.
Page 7 of the bill, strike lines 1 and 2 and substitute:
"(b) (I) The district attorney STATE COURT ADMINISTRATOR shall send
the final list compiled pursuant to subsection (3)(a) SUBSECTION (3)(a)(V) of
this section to the chief judge for the judicial district. and The courts of that
judicial district shall enter sealing orders based on the list received WITHIN
FOURTEEN DAYS AFTER RECEIPT OF THE AMENDED LIST FROM THE STATE COURT
ADMINISTRATOR.
(II) The district court shall send a copy of the sealing order to the
Colorado bureau of investigation, the law enforcement agency that investigated
the case, and the district attorney's office that prosecuted the case to facilitate
sealing of the records held by those entities THE DISTRICT ATTORNEY'S OFFICES.
The court shall also send a copy to the defendant if the contact information for
the defendant is available and to the state court administrator for purposes of
subsection (3)(c) SUBSECTIONS (3)(b)(III) AND (3)(c) of this section.
(III) THE STATE COURT ADMINISTRATOR SHALL ELECTRONICALLY SEND
ALL ORDERS SEALING RECORDS PURSUANT TO THIS SUBSECTION (3)(b) TO THE
COLORADO BUREAU OF INVESTIGATION USING AN INFORMATION-SHARING DATA
TRANSFER TO FACILITATE SEALING OF THE RECORDS HELD BY THE COLORADO
BUREAU OF INVESTIGATION.
(IV) THE DEFENDANT MAY OBTAIN A COPY OF THE SEALING ORDER
PURSUANT TO SECTION 24-72-703 (2)(c) AND SERVE THE SEALING ORDER ON
ANY CUSTODIAN OF THE RECORDS PURSUANT TO SECTION 24-72-703 (8),
INCLUDING THE LAW ENFORCEMENT AGENCY THAT INVESTIGATED THE CASE.".
Page 8 of the bill, after line 1 insert:
"(c) DURING THE 2023 AND 2024 LEGISLATIVE SESSIONS, THE JUDICIAL
DEPARTMENT SHALL REPORT ON THE PROGRESS OF ITS IMPLEMENTATION OF
SECTION 13-3-117, INCLUDING THE CREATION OF THE WEBSITE PURSUANT TO
SUBSECTION (3)(c) OF THIS SECTION, AS PART OF THE DEPARTMENT'S "STATE
MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT
(SMART) GOVERNMENT ACT" HEARING REQUIRED BY SECTION 2-7-203.".
Page 12 of the bill, line 17, after "add" insert "(2.5),".
Page 12, line 18, strike "(4.5)" and substitute "(4.5),".
Page 12, after line 20 insert:
"(2.5) "CONVICTION" MEANS A CRIMINAL JUDGMENT OF CONVICTION
AND DOES NOT INCLUDE INFRACTIONS THAT CONSTITUTE CIVIL MATTERS.".
Page 22 of the bill, strike lines 24 through 27.
Strike page 23 of the bill.
Page 24 of the bill, strike lines 1 through 7 and substitute:
"SECTION 16. In Colorado Revised Statutes, repeal and reenact,
with amendments, 24-72-708 as follows:
24-72-708. Sealing of criminal conviction records information for
municipal offenses for convictions. (1) Sealing of conviction records. A
DEFENDANT MAY FILE A MOTION IN THE CRIMINAL CASE IN WHICH ANY
CONVICTION RECORDS PERTAINING TO THE DEFENDANT FOR A MUNICIPAL
VIOLATION ARE LOCATED FOR THE SEALING OF THE CONVICTION RECORDS
WITHIN THE TIME FRAMES DESCRIBED IN SUBSECTION (3)(a) OF THIS SECTION,
EXCEPT BASIC IDENTIFICATION INFORMATION, IF:
(a) THE DEFENDANT HAS NOT BEEN CHARGED WITH OR CONVICTED OF
A FELONY, MISDEMEANOR, OR MISDEMEANOR TRAFFIC OFFENSE SINCE THE DATE
OF THE FINAL DISPOSITION OF ALL CRIMINAL PROCEEDINGS AGAINST THE
DEFENDANT OR THE DATE OF THE DEFENDANT'S RELEASE FROM SUPERVISION,
WHICHEVER IS LATER; AND
(b) THE CONVICTION RECORDS SOUGHT TO BE SEALED ARE NOT FOR A
MISDEMEANOR TRAFFIC OFFENSE COMMITTED EITHER BY A HOLDER OF A
COMMERCIAL LEARNER'S PERMIT OR A COMMERCIAL DRIVER'S LICENSE, AS
DEFINED IN SECTION 42-2-402, OR BY THE OPERATOR OF A COMMERCIAL MOTOR
VEHICLE, AS DEFINED IN SECTION 42-2-402.
(2) Sealing of conviction records with a single subsequent offense.
NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (1)(a) OF THIS SECTION, A
DEFENDANT MAY FILE A MOTION IN THE CRIMINAL CASE IN WHICH ANY
CONVICTION RECORDS PERTAINING TO THE DEFENDANT FOR A MUNICIPAL
VIOLATION OR PETTY OFFENSE ARE LOCATED FOR THE SEALING OF THE
CONVICTION RECORDS WITHIN THE TIME FRAMES DESCRIBED IN SUBSECTION
(3)(b) OF THIS SECTION, EXCEPT BASIC IDENTIFICATION INFORMATION, IF:
(a) THE DEFENDANT WAS CONVICTED OF A SINGLE OFFENSE THAT WAS
NOT A FELONY AND DID NOT INVOLVE DOMESTIC VIOLENCE AS DEFINED IN
SECTION 18-6-800.3 (1), UNLAWFUL SEXUAL BEHAVIOR AS DEFINED IN SECTION
16-22-102 (9), OR CHILD ABUSE AS DEFINED IN SECTION 18-6-401;
(b) THE DEFENDANT HAS NOT BEEN CONVICTED OF A FELONY,
MISDEMEANOR, OR MISDEMEANOR TRAFFIC OFFENSE SINCE THE DATE OF THE
FINAL DISPOSITION OF ALL CRIMINAL PROCEEDINGS AGAINST THE DEFENDANT
FOR THE SUBSEQUENT CRIMINAL CASE OR SINCE THE DATE OF THE DEFENDANT'S
RELEASE FROM SUPERVISION FOR THE SUBSEQUENT CASE, WHICHEVER IS LATER;
AND
(c) THE CONVICTION SOUGHT TO BE SEALED IS NOT A MUNICIPAL
ASSAULT OR BATTERY OFFENSE IN WHICH THE UNDERLYING FACTUAL BASIS
INVOLVES DOMESTIC VIOLENCE, AS DEFINED IN SECTION 18-6-800.3 (1), OR ANY
OTHER MUNICIPAL VIOLATION IN WHICH THE UNDERLYING FACTUAL BASIS
INVOLVES DOMESTIC VIOLENCE, AS DEFINED IN SECTION 18-6-800.3 (1).
(3) Timing for filing motions. (a) A MOTION FILED PURSUANT TO
SUBSECTION (1) OF THIS SECTION MAY BE FILED THREE YEARS AFTER THE LATER
OF THE DATE OF THE FINAL DISPOSITION OF ALL CRIMINAL PROCEEDINGS
AGAINST THE DEFENDANT OR THE RELEASE OF THE DEFENDANT FROM
SUPERVISION CONCERNING A CRIMINAL CONVICTION.
(b) A MOTION FILED PURSUANT TO SUBSECTION (2) OF THIS SECTION
MAY BE FILED TEN YEARS AFTER THE DATE OF THE FINAL DISPOSITION OF ALL
CRIMINAL PROCEEDINGS AGAINST THE DEFENDANT FOR THE SUBSEQUENT
CRIMINAL CASE OR TEN YEARS AFTER THE DATE OF THE DEFENDANT'S RELEASE
FROM SUPERVISION FOR THE SUBSEQUENT CRIMINAL CASE, WHICHEVER IS
LATER.
(4) UPON FILING THE MOTION, THE DEFENDANT SHALL PAY THE FILING
FEE REQUIRED BY LAW.
(5) (a) UPON THE FILING OF A MOTION, THE COURT SHALL REVIEW THE
MOTION AND DETERMINE WHETHER THERE ARE GROUNDS PURSUANT TO THIS
SECTION TO PROCEED TO A HEARING ON THE PETITION. IF THE COURT
DETERMINES THAT THE MOTION ON ITS FACE IS INSUFFICIENT OR IF THE COURT
DETERMINES THAT, AFTER TAKING JUDICIAL NOTICE OF MATTERS OUTSIDE THE
MOTION, THE DEFENDANT IS NOT ENTITLED TO RELIEF PURSUANT TO THIS
SECTION, THE COURT SHALL ENTER AN ORDER DENYING THE MOTION AND MAIL
A COPY OF THE ORDER TO THE DEFENDANT. THE COURT'S ORDER SHALL SPECIFY
THE REASONS FOR THE DENIAL OF THE MOTION.
(b) IF THE COURT DETERMINES THAT THE PETITION IS SUFFICIENT ON ITS
FACE AND THAT NO OTHER GROUNDS EXIST AT THAT TIME FOR THE COURT TO
DENY THE PETITION PURSUANT TO THIS SECTION, THE COURT SHALL GRANT THE
MOTION UNLESS THE PROSECUTION FILES AN OBJECTION. IF THE PROSECUTION
FILES A WRITTEN OBJECTION, THE COURT SHALL SET A DATE WITHIN FORTY-TWO
DAYS AFTER THE FILING OF THE MOTION FOR A HEARING AND THE COURT SHALL
NOTIFY THE PROSECUTION, THE MUNICIPAL POLICE DEPARTMENT OR LOCAL LAW
ENFORCEMENT AGENCY, AND ANY OTHER PERSON OR AGENCY IDENTIFIED BY
THE DEFENDANT.
(c) AFTER THE HEARING DESCRIBED IN SUBSECTION (5)(b) OF THIS
SECTION IS CONDUCTED AND IF THE COURT FINDS THAT THE HARM TO THE
PRIVACY OF THE DEFENDANT OR THE DANGERS OF UNWARRANTED, ADVERSE
CONSEQUENCES TO THE DEFENDANT OUTWEIGH THE PUBLIC INTEREST IN
RETAINING PUBLIC ACCESS TO THE CONVICTION RECORDS, THE COURT MAY
ORDER THE CONVICTION RECORDS, EXCEPT BASIC IDENTIFICATION
INFORMATION, TO BE SEALED. IN MAKING THIS DETERMINATION, THE COURT
SHALL CONSIDER THE FACTORS IN SECTION 24-72-706 (1)(g).
(d) PURSUANT TO SECTION 24-72-703 (12)(b), THE COURT SHALL NOT
FACTOR IN OR TAKE INTO CONSIDERATION ANY UNPAID FINES, COURT COSTS,
LATE FEES, OR OTHER FEES ORDERED BY THE COURT IN THE CASE THAT IS THE
SUBJECT OF THE MOTION TO SEAL WHEN THE COURT IS DETERMINING WHETHER
THE RECORD SHOULD BE SEALED. CONVICTION RECORDS MAY NOT BE SEALED
IF THE DEFENDANT STILL OWES RESTITUTION UNLESS THE COURT THAT ENTERED
THE ORDER FOR RESTITUTION VACATED THE ORDER.".
Page 24 of the bill, before line 23 insert:
"SECTION 18. Appropriation. (1) For the 2022-23 state fiscal year,
$725,145 is appropriated to the judicial department. This appropriation is from
the general fund. To implement this act, the department may use this
appropriation as follows:
(a) $58,632 for general courts administration, which amount is based
on an assumption that the department will require an additional 0.8 FTE;
(b) $6,520 for capital outlay; and
(c) $659,993 for information technology infrastructure.".
Renumber succeeding section accordingly.
Page 1 of the bill, line 103, strike "SHORTAGES AND" and substitute
"SHORTAGES,".
Page 1, line 104, strike "SEEKERS." and substitute "SEEKERS, AND MAKING AN
APPROPRIATION.".
Appro-
priations