Amendments for HB13-1082

House Journal, April 3
33 HB13-1082 be amended as follows, and as so amended, be referred to
34 the Committee of the Whole with favorable
35 recommendation:
36
37 Amend printed bill, strike everything below the enacting clause and
38 substitute:
39 "SECTION 1. In Colorado Revised Statutes, 19-1-306, amend
40 (2) (a), (3), (5) (c) (I), (6), and (7); and add (5) (a.5) and (10) as follows:
41
42 19-1-306. Expungement of juvenile delinquent records.
43 (2) (a) AT THE TIME OF THE ADJUDICATION, the court shall advise THE
44 ADJUDICATED JUVENILE AND any person RESPONDENT PARENT OR
1 GUARDIAN of the right to petition the court for the expungement of such
2 person's THE JUVENILE'S record. at the time of adjudication, or The court,
3 on its own motion or the motion of the juvenile probation department, or
4 the juvenile parole department, THE JUVENILE, A RESPONDENT PARENT OR
5 GUARDIAN, OR A COURT-APPOINTED GUARDIAN AD LITEM, may initiate
6 expungement proceedings concerning the record of any juvenile who has
7 been under the jurisdiction of the court.
8 (3) AFTER EXPUNGEMENT, basic identification information on the
9 juvenile and a list of any state and local agencies and officials having
10 contact with the juvenile, as they appear from the records, shall not be
11 open to the public but shall be available to a district attorney, local law
12 enforcement agency, and the department of human services, THE STATE
13 JUDICIAL DEPARTMENT, AND THE VICTIM AS DEFINED IN SECTION
14 24-4.1-302 (5), C.R.S.; except that such information shall not be available
15 to an agency of the military forces of the United States.
16 (5) (a.5) NOTWITHSTANDING ANY ORDER FOR EXPUNGEMENT
17 PURSUANT TO THIS SECTION, ANY CRIMINAL JUSTICE RECORD OF A
18 JUVENILE WHO HAS BEEN CHARGED, ADJUDICATED, OR CONVICTED AS A
19 REPEAT, MANDATORY, VIOLENT, OR AGGRAVATED JUVENILE OFFENDER OR
20 FOR AN OFFENSE INVOLVING UNLAWFUL SEXUAL BEHAVIOR, AS DEFINED
21 IN SECTION 16-22-102 (9), C.R.S., SHALL BE AVAILABLE FOR USE BY A
22 COURT, A DISTRICT ATTORNEY, ANY LAW ENFORCEMENT AGENCY, ANY
23 AGENCY OF THE STATE JUDICIAL DEPARTMENT IN ANY SUBSEQUENT
24 CRIMINAL INVESTIGATION, PROSECUTION, OR ADJUDICATION UNDER THIS
25 TITLE OR DURING PROBATION OR PAROLE SUPERVISION, IF OTHERWISE
26 PERMITTED BY LAW.
27 (c) The court may order expunged all records in the petitioner's
28 case in the custody of the court and any records in the custody of any
29 other agency or official if at the hearing the court finds that:
30 (I) The petitioner who is the subject of the hearing has not been
31 convicted of, OR ADJUDICATED A JUVENILE DELINQUENT FOR, a ANY
32 felony OFFENSE or of a misdemeanor and has not been adjudicated a
33 juvenile delinquent OFFENSE INVOLVING DOMESTIC VIOLENCE, UNLAWFUL
34 SEXUAL BEHAVIOR, OR POSSESSION OF A WEAPON since the termination of
35 the court's jurisdiction or the petitioner's unconditional release from
36 parole supervision;
37 (6) A person is eligible to petition for an expungement order:
38 (a) Immediately upon: a finding of not guilty at an adjudicatory
39 trial;
40 (I) A FINDING OF NOT GUILTY AT AN ADJUDICATORY TRIAL;
41 (II) DISMISSAL OF THE PETITION IN ITS ENTIRETY AS A RESULT OF
42 NONPROSECUTION OF THE OFFENSE; OR
43 (III) SUCCESSFUL COMPLETION OF A JUVENILE DIVERSION
44 PROGRAM, A DEFERRED ADJUDICATION, OR AN INFORMAL ADJUSTMENT;
45 (a.5) At any time for the purposes described in paragraph (d) of
46 subsection (5) of this section;
47 (b) One year from THE DATE OF:
48 (I) The date of A law enforcement contact that did not result in a
49 referral to another agency; OR
50 (II) The completion of a juvenile diversion program or informal
51 adjustment TERMINATION OF THE COURT'S JURISDICTION OVER THE
52 PETITIONER AFTER SUCCESSFUL COMPLETION OF PROBATION;
53 (c) Four THREE years from the date of:
54 (I) The termination of the court's jurisdiction over the petitioner;
55 (II) The petitioner's unconditional release from commitment to the
56 department of human services; or
1 (III) The petitioner's unconditional release from parole
2 supervision; OR
3 (IV) (Deleted by amendment, L. 96, p. 1163, ยง 6, effective
4 January 1, 1997.)
5 (d) Ten FIVE years from the date of THE TERMINATION OF THE
6 COURT'S JURISDICTION OVER THE PETITIONER OR THE PETITIONER'S
7 UNCONDITIONAL RELEASE FROM PROBATION OR PAROLE SUPERVISION,
8 WHICHEVER DATE IS LATER, IF:
9 (I) The termination of the court's jurisdiction over the juvenile or
10 the juvenile's unconditional release from parole supervision, whichever
11 date is later, if the juvenile has been adjudicated a repeat, or mandatory,
12 VIOLENT, OR AGGRAVATED juvenile offender and if the juvenile has not
13 further violated any criminal statute; OR
14 (II) THE JUVENILE HAS BEEN ADJUDICATED FOR AN OFFENSE
15 INVOLVING UNLAWFUL SEXUAL BEHAVIOR AS DEFINED IN SECTION
16 16-22-102 (9), C.R.S., THE JUVENILE HAS SUCCESSFULLY COMPLETED
17 OFFENSE-SPECIFIC TREATMENT AS ORDERED BY THE COURT, AND THE
18 JUVENILE HAS NOT FURTHER VIOLATED ANY CRIMINAL STATUTE.
19 (7) The following persons are not eligible to petition for the
20 expungement of any juvenile record:
21 (a) Any person who has been adjudicated as an aggravated
22 juvenile offender PURSUANT TO SECTION 19-2-516 (4) or a violent juvenile
23 offender PURSUANT TO SECTION 19-2-516 (3);
24 (b) Any person who has been adjudicated for an offense that
25 would constitute a crime of violence under section 18-1.3-406, C.R.S.,
26 had the person been an adult at the time the offense was committed;
27 (c) Any person who, as a juvenile, has been charged by the direct
28 filing of an information in the district court or by indictment pursuant to
29 section 19-2-517, unless the person was sentenced as a juvenile in the
30 same matter;
31 (d) Any person who has been adjudicated for an offense involving
32 unlawful sexual behavior as defined in section 16-22-102 (9), C.R.S.;
33 (e) ANY PERSON WHO HAS FAILED TO PAY COURT-ORDERED
34 RESTITUTION TO A VICTIM OF THE OFFENSE THAT IS THE BASIS FOR THE
35 JUVENILE RECORD.
36 (10) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO
37 AUTHORIZE THE PHYSICAL DESTRUCTION OF ANY CRIMINAL JUSTICE
38 RECORD.
39 SECTION 2. In Colorado Revised Statutes, 24-4.1-302, add (2)
40 (r.3) as follows:
41 24-4.1-302. Definitions. As used in this part 3, and for no other
42 purpose, including the expansion of the rights of any defendant:
43 (2) "Critical stages" means the following stages of the criminal
44 justice process:
45 (r.3) ANY PETITION FOR EXPUNGEMENT AS DESCRIBED IN SECTION
46 19-1-306 (5) (a), C.R.S.;
47 SECTION 3. In Colorado Revised Statutes, 24-4.1-302.5, amend
48 (1) (d) (VI) and (1) (d) (VII); and add (1) (d) (VIII) as follows:
49 24-4.1-302.5. Rights afforded to victims. (1) In order to
50 preserve and protect a victim's rights to justice and due process, each
51 victim of a crime shall have the following rights:
52 (d) The right to be heard at any court proceeding:
53 (VI) At which the defendant requests a modification of the no
54 contact provision of the mandatory criminal protection order under
55 section 18-1-1001, C.R.S., or section 19-2-707, C.R.S.; or
56
1 (VII) Involving a subpoena for records concerning the victim's
2 medical history, mental health, education, or victim compensation, or any
3 other records that are privileged pursuant to section 13-90-107, C.R.S.;
4 OR
5 (VIII) INVOLVING A PETITION FOR EXPUNGEMENT AS DESCRIBED
6 IN SECTION 19-1-306 (5) (a), C.R.S.
7 SECTION 4. In Colorado Revised Statutes, 24-4.1-303, add (11)
8 (b.5) as follows:
9 24-4.1-303. Procedures for ensuring rights of victims of
10 crimes. (11) The district attorney shall inform a victim of the following:
11 (b.5) ANY CRITICAL STAGE DESCRIBED IN SECTION 24-4.1-302 (2)
12 (r.3) RELATING TO A PETITION FOR THE EXPUNGEMENT OF JUVENILE
13 RECORDS, WHICH RECORDS CONCERN AN OFFENSE COMMITTED BY THE
14 JUVENILE AGAINST THE VICTIM;
15 SECTION 5. Act subject to petition - effective date. This act
16 takes effect at 12:01 a.m. on the day following the expiration of the
17 ninety-day period after final adjournment of the general assembly (August
18 7, 2013, if adjournment sine die is on May 8, 2013); except that, if a
19 referendum petition is filed pursuant to section 1 (3) of article V of the
20 state constitution against this act or an item, section, or part of this act
21 within such period, then the act, item, section, or part will not take effect
22 unless approved by the people at the general election to be held in
23 November 2014 and, in such case, will take effect on the date of the
24 official declaration of the vote thereon by the governor.".
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