February 20, Tuesday:
HB18-1076 Peace Officers Standards and Training Board Revoke Certification For Untruthful Statement
Representative Joe Salazar
The bill requires the peace officers standards and training board (P.O.S.T. board), which certifies peace officers, to revoke the certification of a peace officer if: ! The P.O.S.T. board receives notification from a law enforcement agency that employs or employed the peace HOUSE SPONSORSHIP Salazar, SENATE SPONSORSHIP (None), Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. officer that the peace officer made an untruthful statement or omitted a material fact on an official law enforcement document or while testifying at an official judicial proceeding or during an internal affairs investigation; and ! Either the law enforcement agency or a panel of the P.O.S.T. board reached a determination on the matter after completing an administrative process. 1 Be it enacted by the General Assembly of the State of Colorado: 2 SECTION 1. In Colorado Revised Statutes, 24-31-305, add (2.5) 3 as follows: 4 24-31-305. Certification – issuance – renewal – revocation – 5 report. (2.5) (a) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (2) 6 OF THIS SECTION, THE P.O.S.T. BOARD SHALL REVOKE A CERTIFICATION 7 ISSUED TO A PERSON PURSUANT TO SUBSECTION (1) OR (1.3) OF THIS 8 SECTION OR SECTION 24-31-308 IF: 9 (I) THE P.O.S.T. BOARD RECEIVES NOTIFICATION FROM A LAW 10 ENFORCEMENT AGENCY THAT EMPLOYS OR EMPLOYED THE PERSON THAT 11 THE PERSON MADE AN UNTRUTHFUL STATEMENT OR OMITTED A MATERIAL 12 FACT ON AN OFFICIAL LAW ENFORCEMENT DOCUMENT OR WHILE 13 TESTIFYING AT AN OFFICIAL JUDICIAL PROCEEDING OR DURING AN 14 INTERNAL AFFAIRS INVESTIGATION; AND 15 (II) EITHER THE LAW ENFORCEMENT AGENCY OR A PANEL OF THE 16 P.O.S.T. BOARD DETERMINED THAT THE PERSON MADE SUCH A 17 STATEMENT OR OMISSION AFTER COMPLETING AN ADMINISTRATIVE 18 PROCESS THAT IS DEFINED BY A POLICY OF THE LAW ENFORCEMENT 19 AGENCY OR P.O.S.T. BOARD. 20 (b) FOR THE PURPOSES OF SUBSECTION (2.5)(a) OF THIS SECTION, 21 THE ATTORNEY GENERAL, AS MAY BE REQUIRED, MAY APPOINT A 22 THREE-MEMBER PANEL FROM AMONG THE MEMBERS OF THE P.O.S.T. -2- HB18-1076 1 BOARD TO MAKE THE DETERMINATION REQUIRED BY SUBSECTION 2 (2.5)(a)(II) OF THIS SECTION. 3 (c) A PERSON WHOSE P.O.S.T. CERTIFICATION IS REVOKED 4 PURSUANT TO THIS SUBSECTION (2.5) MAY APPEAL THE REVOCATION IN 5 ACCORDANCE WITH RULES OF THE P.O.S.T. BOARD CONCERNING APPEALS 6 OF BOARD RULINGS. 7 SECTION 2. Act subject to petition – effective date. This act 8 takes effect at 12:01 a.m. on the day following the expiration of the 9 ninety-day period after final adjournment of the general assembly (August 10 8, 2018, if adjournment sine die is on May 9, 2018); except that, if a 11 referendum petition is filed pursuant to section 1 (3) of article V of the 12 state constitution against this act or an item, section, or part of this act 13 within such period, then the act, item, section, or part will not take effect 14 unless approved by the people at the general election to be held in 15 November 2018 and, in such case, will take effect on the date of the 16 official declaration of the vote thereon by the governor.
February 22, Thursday:
The bill states that, except in certain cases, a court shall not require a defendant arrested and charged for any misdemeanor, petty offense, or municipal code violation to post monetary bail as a condition of being discharged from custody. A defendant who is charged with an offense other than a felony may not be released from custody under his or her own recognizance until he or she signs and files with the clerk of the court or other designated person a written release agreement that includes certain promises.
Current law requires any pretrial services program to be established pursuant to a plan formulated by a community advisory board created for such purpose and appointed by the chief judge of the judicial district. The bill makes this requirement merely permissible.
The bill states that if a person is in custody and the court imposed a monetary condition of bond for release, and the person, after 5 days from the setting of the monetary condition of bond, remains in custody because he or she is unable to meet the monetary obligations of the bond, upon motion of the person, the court shall forthwith conduct a hearing to reconsider the monetary condition of the bond.
February 28, Wednesday:
Currently, Columbus day is one of 10 legal holidays in Colorado. Section 2 of the bill repeals Columbus day as a state legal holiday and replaces it with election day. ‘Election day’ is defined to fall on the day of a general election in even-numbered years and the day on which ballot issues must be decided under the state constitution in odd-numbered years.
Section 1 contains a nonstatutory legislative declaration and sections 4 and 5 make conforming amendments.