Colorado 2022 Regular Session

Colorado Senate Bill SB099 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-third General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 22-0502.01 Michael Dohr x4347
1	8		SENATE BILL 22-099
2		-	BY SENATOR(S) Hisey and Rodriguez, Bridges, Buckner, Coleman,
3		-	Donovan, Fields, Gardner, Gonzales, Hansen, Jaquez Lewis, Kolker, Lee,
4		-	Lundeen, Moreno, Priola, Story, Fenberg;
5		-	also REPRESENTATIVE(S) Tipper and Larson, Amabile, Bernett,
6		-	Boesenecker, Daugherty, Duran, Exum, Herod, Hooton, Jodeh, Kipp,
7		-	Lindsay, Lontine, McCluskie, Roberts, Soper, Weissman, Garnett
8		-	.
	9	+	Senate Committees House Committees
	10	+	Judiciary Judiciary
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
9	13		C
10		-	ONCERNING THE PROCEDURE FOR SEALING OF CRIMINAL RECORDS FOR
11		-	NONVIOLENT OFFENSES
12		-	, AND, IN CONNECTION THEREWITH ,
13		-	ADDRESSING WORKFORCE SHORTAGES , MINIMIZING BARRIERS TO
14		-	EMPLOYMENT FOR JOB SEEKERS
15		-	, AND MAKING AN APPROPRIATION .
	14	+	ONCERNING THE PROCEDURE FOR SEALING OF CRIMINAL RECORDS101
	15	+	FOR NONVIOLENT OFFENSES , AND, IN CONNECTION THEREWITH ,102
	16	+	ADDRESSING WORKFORCE SHORTAGES ,
	17	+	MINIMIZING BARRIERS103
	18	+	TO EMPLOYMENT FOR JOB SEEKERS , AND MAKING AN104
	19	+	APPROPRIATION.105
	20	+	Bill Summary
	21	+	(Note: This summary applies to this bill as introduced and does
	22	+	not reflect any amendments that may be subsequently adopted. If this bill
	23	+	passes third reading in the house of introduction, a bill summary that
	24	+	applies to the reengrossed version of this bill will be available at
	25	+	http://leg.colorado.gov
	26	+	.)
	27	+	The bill requires a consumer reporting agency, upon written
	28	+	request from a consumer, to disclose to each consumer whose report
	29	+	HOUSE
	30	+	3rd Reading Unamended
	31	+	May 2, 2022
	32	+	HOUSE
	33	+	2nd Reading Unamended
	34	+	April 29, 2022
	35	+	SENATE
	36	+	3rd Reading Unamended
	37	+	April 20, 2022
	38	+	SENATE
	39	+	Amended 2nd Reading
	40	+	April 19, 2022
	41	+	SENATE SPONSORSHIP
	42	+	Hisey and Rodriguez, Bridges, Buckner, Coleman, Donovan, Fenberg, Fields, Gardner,
	43	+	Gonzales, Hansen, Jaquez Lewis, Kolker, Lee, Lundeen, Moreno, Priola, Story
	44	+	HOUSE SPONSORSHIP
	45	+	Tipper and Larson, Amabile, Bernett, Boesenecker, Daugherty, Duran, Exum, Garnett,
	46	+	Herod, Hooton, Jodeh, Kipp, Lindsay, Lontine, McCluskie, Roberts, Soper, Weissman
	47	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	48	+	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
	49	+	Dashes through the words indicate deletions from existing statute. contains information from criminal justice records:
	50	+	! Each source from which the agency compiled the
	51	+	information; and
	52	+	! The date on which the information was requested.
	53	+	Currently, there is a process that allows for automatic sealing of
	54	+	criminal justice records for certain drug offenses. The bill extends that
	55	+	automatic sealing to all of the offenses, including civil infractions, that
	56	+	allow the defendant to petition the court for sealing criminal justice
	57	+	records that are not subject to the victims rights act. The bill streamlines
	58	+	the automatic record sealing process. The bill requires the state court
	59	+	administrator to produce an annual report regarding automatic record
	60	+	sealing.
	61	+	The bill makes it an unfair employment practice to discharge or
	62	+	refuse to promote a person based solely on the contents of a sealed
	63	+	criminal record and makes it an unfair housing practice to refuse to show,
	64	+	sell, transfer, rent, or lease housing based on the contents of a sealed
	65	+	criminal record.
	66	+	The bill requires the Colorado bureau of investigation to produce
	67	+	an annual report regarding record sealing.
	68	+	The bill makes clarifying and organizational changes to the record
	69	+	sealing statutes.
	70	+	Be it enacted by the General Assembly of the State of Colorado:1
16	71
17		-	Be it enacted by the General Assembly of the State of Colorado:
18		-	SECTION 1. In Colorado Revised Statutes, amend 5-18-105
19		-	as follows:
20		-	5-18-105. Consumer reports - accuracy of information.
21		-	Whenever a consumer reporting agency prepares a consumer report,
22		-	INCLUDING REPORTS THAT INCLUDE CRIMINAL JUSTICE RECORDS , the agency
23		-	shall follow reasonable procedures to assure maximum possible accuracy
24		-	of the information concerning the consumer about whom the report relates,
25		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
26		-	officers and the Governor. To determine whether the Governor has signed the bill
27		-	or taken other action on it, please consult the legislative status sheet, the legislative
28		-	history, or the Session Laws.
29		-	________
30		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
31		-	through words or numbers indicate deletions from existing law and such material is not part of
32		-	the act. including the use of the consumer's social security number if, in accordance
33		-	with section 5-18-104 (1)(c)(I), the consumer's social security number is
34		-	provided to the consumer reporting agency by a person intending to use the
35		-	information contained in a consumer report in connection with a credit
36		-	transaction involving the consumer and the social security number was
37		-	initially provided to the user by the consumer in connection with that
38		-	transaction. A
39		-	CONSUMER REPORTING AGENCY SHALL EXCLUDE SEALED AND
40		-	EXPUNGED RECORDS FROM A CONSUMER REPORT
41		-	, UNLESS THE USER OF THE
42		-	REPORT DEMONSTRATES THAT THE USER IS OTHERWISE REQUIRED TO
43		-	CONSIDER THE INFORMATION PURSUANT TO STATE OR FEDERAL STATUTE
44		-	,
45		-	RULE, OR REGULATION.
46		-	SECTION 2. In Colorado Revised Statutes, 5-18-109, amend (2);
47		-	and add (1)(e.5) as follows:
48		-	5-18-109. Reporting of information prohibited - exceptions.
49		-	(1) Except as authorized under subsection (2) of this section, no consumer
50		-	reporting agency shall make any consumer report containing any of the
51		-	following items of information:
	72	+	SECTION 1. In Colorado Revised Statutes, amend 5-18-1052
	73	+	as follows:3
	74	+	5-18-105. Consumer reports - accuracy of information.4
	75	+	Whenever a consumer reporting agency prepares a consumer report,5
	76	+	INCLUDING REPORTS THAT INCLUDE CRIMINAL JUSTICE RECORDS , the6
	77	+	agency shall follow reasonable procedures to assure maximum possible7
	78	+	accuracy of the information concerning the consumer about whom the8
	79	+	report relates, including the use of the consumer's social security number9
	80	+	if, in accordance with section 5-18-104 (1)(c)(I), the consumer's social10
	81	+	security number is provided to the consumer reporting agency by a person11
	82	+	intending to use the information contained in a consumer report in12
	83	+	connection with a credit transaction involving the consumer and the social13
	84	+	099-2- security number was initially provided to the user by the consumer in1
	85	+	connection with that transaction. A
	86	+	CONSUMER REPORTING AGENCY SHALL
	87	+	2
	88	+	EXCLUDE SEALED AND EXPUNGED RECORDS FROM A CONSUMER REPORT ,3
	89	+	UNLESS THE USER OF THE REPORT DEMONSTRATES THAT THE USER IS4
	90	+	OTHERWISE REQUIRED TO CONSIDER THE INFORMATION PURSUANT TO5
	91	+	STATE OR FEDERAL STATUTE, RULE, OR REGULATION.6
	92	+	SECTION 2. In Colorado Revised Statutes, 5-18-109, amend (2);7
	93	+	and add (1)(e.5) as follows:8
	94	+	5-18-109. Reporting of information prohibited - exceptions.9
	95	+	(1) Except as authorized under subsection (2) of this section, no10
	96	+	consumer reporting agency shall make any consumer report containing11
	97	+	any of the following items of information:12
52	98		(e.5) S
53		-	EALED ~~RECORDS, EXPUNGED RECORDS, AND RECORDS THAT~~
54		-	~~DID NOT RESULT IN A CONVICTION~~
55		-	;
56		-	(2) The provisions of subsection (1) of this section do not ~~apply to~~
57		-	the case of any consumer report to be used in connection with:
58		-	(a) A credit transaction involving, or that may reasonably be
59		-	expected to involve, a principal amount of one hundred fifty ~~thousand~~
	99	+	EALED
	100	+	RECORDS, EXPUNGED RECORDS, AND RECORDS THAT13
	101	+	DID NOT RESULT IN A CONVICTION;14
	102	+	(2) The provisions of subsection (1) of this section do not apply15
	103	+	to the case of any consumer report to be used in connection with:16
	104	+	(a) A credit transaction involving, or that may reasonably be17
	105	+	expected to involve, a principal amount of one hundred fifty thousand18
60	106		dollars or more;
61		-	OR
62		-	(b) The underwriting of life insurance involving, or that ~~may~~
63		-	reasonably be expected to involve, a face amount of one hundred ~~fifty~~
	107	+	OR19
	108	+	(b) The underwriting of life insurance involving, or that may20
	109	+	reasonably be expected to involve, a face amount of one hundred fifty21
64	110		thousand dollars or more. or
65		-	(c) The employment of an individual at an annual salary that equals
66		-	or is reasonably expected to equal seventy-five thousand dollars or more.
67		-	SECTION 3. In Colorado Revised Statutes, 13-3-117, amend
68		-	(1)(b), (1)(d), (2), and (3); and add (1)(a.5) and (4) as follows:
69		-	PAGE 2-SENATE BILL 22-099 13-3-117. State court administrator - automatic conviction
	111	+	22
	112	+	(c) The employment of an individual at an annual salary that23
	113	+	equals or is reasonably expected to equal seventy-five thousand dollars24
	114	+	or more.25
	115	+	SECTION 3. In Colorado Revised Statutes, 13-3-117, amend26
	116	+	(1)(b), (1)(d), (2), and (3); and add (1)(a.5) and (4) as follows:27
	117	+	099
	118	+	-3- 13-3-117. State court administrator - automatic conviction1
70	119		sealing. (1) (a.5) T
71		-	HE STATE COURT ADMINISTRATOR SHALL COMPILE ~~A LIST~~
72		-	OF ELIGIBLE CONVICTIONS
73		-	~~, EXCLUDING CRIMES PURSUANT TO SECTION~~
74		-	~~24-4.1-302~~ (1):
	120	+	HE STATE COURT ADMINISTRATOR SHALL COMPILE A2
	121	+	LIST OF ELIGIBLE CONVICTIONS, EXCLUDING CRIMES PURSUANT TO SECTION3
	122	+	24-4.1-302
	123	+	(1):4
75	124		(I) T
76		-	HAT ARE ELIGIBLE FOR SEALING PURSUANT TO SECTIONS
77		-	24-72-703 AND 24-72-706; AND
78		-	(II) (A) IF THE JUDGMENT IS FOR A CIVIL INFRACTION, THAT FOUR
79		-	YEARS HAVE PASSED SINCE THE FINAL DISPOSITION OF THE CASE
80		-	;
	125	+	HAT ARE ELIGIBLE FOR SEALING PURSUANT TO SECTIONS5
	126	+	24-72-703
	127	+	AND 24-72-706; AND6
	128	+	(II) (A) I
	129	+	F THE JUDGMENT
	130	+	IS FOR A CIVIL INFRACTION, THAT FOUR7
	131	+	YEARS HAVE PASSED SINCE THE FINAL DISPOSITION OF THE CASE ;8
81	132		(B) I
82		-	F THE CONVICTION IS FOR A PETTY OFFENSE OR MISDEMEANOR ,
83		-	THAT AT LEAST SEVEN YEARS HAVE PASSED SINCE THE FINAL DISPOSITION OF
84		-	THE CASE
85		-	;
	133	+	F THE CONVICTION IS FOR A PETTY OFFENSE OR MISDEMEANOR ,9
	134	+	THAT AT LEAST SEVEN YEARS HAVE PASSED SINCE THE FINAL DISPOSITION10
	135	+	OF THE CASE;11
86	136		(C) I
87		-	F THE CONVICTION IS FOR AN ELIGIBLE FELONY, THAT AT LEAST
88		-	TEN YEARS HAVE PASSED SINCE THE DATE OF THE FINAL DISPOSITION OF ALL
89		-	CRIMINAL PROCEEDINGS AGAINST THE DEFENDANT OR THE RELEASE OF THE
90		-	DEFENDANT FROM SUPERVISION CONCERNING A CRIMINAL CONVICTION
91		-	,
92		-	WHICHEVER IS LATER.
	137	+	F THE CONVICTION IS FOR AN ELIGIBLE FELONY , THAT AT12
	138	+	LEAST TEN YEARS HAVE PASSED SINCE THE DATE OF THE FINAL13
	139	+	DISPOSITION OF ALL CRIMINAL PROCEEDINGS AGAINST THE DEFE NDANT OR14
	140	+	THE RELEASE OF THE DEFENDANT FROM SUPERVISION CONCERNING A15
	141	+	CRIMINAL CONVICTION, WHICHEVER IS LATER.16
93	142		(b) The state court administrator shall use the state conviction
94		-	database and the conviction databases of entities that do not report
95		-	convictions to the state database to compile the list. The state court
96		-	administrator shall compile the list based on a name-based review with
97		-	sufficient points of reference for identification validation as determined by
98		-	the state court administrator. The state court administrator must only include
99		-	convictions on the list if sufficient points of validation, as determined by the
100		-	state court administrator, are present. T
101		-	HE STATE COURT ADMINISTRATOR
102		-	SHALL NOT INCLUDE ANY CASE IN WHICH THERE IS NO FINAL DISPOSITION ON
103		-	ALL CHARGES IN THE CASE
104		-	. THE STATE COURT ADMINISTRATOR SHALL NOT
105		-	INCLUDE ANY JUDGMENTS FOR WHICH THE DEFE NDANT HAS AN INTERVENING
106		-	JUDGMENT DURING THE FOUR
107		-	-YEAR WAITING PERIOD IF THE JUDGEMENT IS
108		-	FOR A CIVIL INFRACTION AND SHALL NOT INCLUDE ANY CONVICTIONS FOR
109		-	WHICH THE DEFENDANT HAS AN INTERVENING C ONVICTION DURING THE
110		-	SEVEN
111		-	-YEAR WAITING PERIOD IF THE CONVICTION IS FOR A PETTY OFFENSE
112		-	OR MISDEMEANOR OR DURING THE TEN
113		-	-YEAR WAITING PERIOD IF THE
114		-	CONVICTION IS FOR A FELONY
115		-	. The state court administrator shall sort the list
116		-	by judicial district of conviction.
117		-	PAGE 3-SENATE BILL 22-099 (d) Beginning July 1, 2024, the state court administrator shall
118		-	compile the A list OF DRUG CONVICTIONS, MISDEMEANORS, AND PETTY
119		-	OFFENSES THAT ARE ELIGIBLE
120		-	pursuant to this subsection (1) on the firstMonday of every month and the Colorado bureau of investigation and
121		-	district attorneys shall complete their review within thirty-five days of
122		-	receiving a new list. The court shall seal all conviction records eligible for
123		-	sealing pursuant to the list compiled pursuant to subsection (3)(a) of this
124		-	section within fourteen days of receipt of the amended list from each district
125		-	attorney A QUARTERLY BASIS. THE STATE COURT ADMINISTRATOR SHALL
126		-	INCLUDE THE ELIGIBLE FELONY CONVICTIONS NOT FOUND IN ARTICLE
127		-	18 OF
128		-	TITLE
129		-	18 PURSUANT TO SUBSECTION (1)(a.5) OF THIS SECTION BEGINNING ON
130		-	JULY 1, 2025.
131		-	(2) The state court administrator shall forward the list compiled
132		-	pursuant to subsection (1) of this section to the Colorado bureau of
133		-	investigation. EACH DISTRICT ATTORNEY, EXCEPT FOR CIVIL INFRACTIONS.
	143	+	17
	144	+	database and the conviction databases of entities that do not report18
	145	+	convictions to the state database to compile the list. The state court19
	146	+	administrator shall compile the list based on a name-based review with20
	147	+	sufficient points of reference for identification validation as determined21
	148	+	by the state court administrator. The state court administrator must only22
	149	+	include convictions on the list if sufficient points of validation, as23
	150	+	determined by the state court administrator, are present. T
	151	+	HE STATE
	152	+	24
	153	+	COURT ADMINISTRATOR SHALL NOT INCLUDE ANY CASE IN WHICH THERE25
	154	+	IS NO FINAL DISPOSITION ON ALL CHARGES IN THE CASE. THE STATE COURT26
	155	+	ADMINISTRATOR SHALL NOT INCLUDE ANY JUDGMENTS FOR WHICH THE27
	156	+	099
	157	+	-4- DEFENDANT HAS AN INTERVENING JUDGMENT DURING THE FOUR -YEAR1
	158	+	WAITING PERIOD IF THE JUDGEMENT IS FOR A CIVIL INFRACTION AND SHALL2
	159	+	NOT INCLUDE ANY CONVICTIONS FOR WHICH THE DEFENDANT HAS AN3
	160	+	INTERVENING CONVICTION DURING THE SEVEN -YEAR WAITING PERIOD IF4
	161	+	THE CONVICTION IS FOR A PETTY OFFENSE OR MISDEMEANOR OR DURING5
	162	+	THE TEN-YEAR WAITING PERIOD IF THE CONVICTION IS FOR A FELONY. The6
	163	+	state court administrator shall sort the list by judicial district of7
	164	+	conviction.8
	165	+	(d) Beginning July 1, 2024, the state court administrator shall9
	166	+	compile the A list OF DRUG CONVICTIONS, MISDEMEANORS, AND PETTY10
	167	+	OFFENSES THAT ARE ELIGIBLE pursuant to this subsection (1) on the first11
	168	+	Monday of every month and the Colorado bureau of investigation and12
	169	+	district attorneys shall complete their review within thirty-five days of13
	170	+	receiving a new list. The court shall seal all conviction records eligible for14
	171	+	sealing pursuant to the list compiled pursuant to subsection (3)(a) of this15
	172	+	section within fourteen days of receipt of the amended list from each16
	173	+	district attorney A QUARTERLY BASIS. THE STATE COURT ADMINISTRATOR17
	174	+	SHALL INCLUDE THE ELIGIBLE FELONY CONVICTIONS NOT FOUND IN18
	175	+	ARTICLE 18 OF TITLE 18 PURSUANT TO SUBSECTION (1)(a.5) OF THIS19
	176	+	SECTION BEGINNING ON JULY 1, 2025.20
	177	+	(2) The state court administrator shall forward the list compiled21
	178	+	pursuant to subsection (1) of this section to the Colorado bureau of22
	179	+	investigation. EACH DISTRICT ATTORNEY, EXCEPT FOR CIVIL INFRACTIONS.23
134	180		T
135	181		HE STATE COURT ADMINISTRATOR SHALL SEND THE LIST OF CIVIL
136		-	INFRACTIONS TO BE SEALED WITH THE FINAL LIST PURSUANT TO SUBSECTION
137		-	(3)(b) OF THIS SECTION TO THE CHIEF JUDGE FOR EACH JUDICIAL DISTRICT .
138		-	The Colorado bureau of investigation shall compare the list
139		-	with criminal
140		-	history reports. The Colorado bureau of investigation shall complete the
141		-	comparison based on a fingerprint-based review with sufficient points of
142		-	reference for identification validation as determined by the Colorado bureau
143		-	of investigation. The Colorado bureau of investigation shall remove any
144		-	convictions from the list from the state court administrator in which
145		-	sufficient identification validation cannot be made by the Colorado bureau
146		-	of investigation and any convictions for which the defendant has an
147		-	intervening conviction during the seven-year waiting period if the
148		-	conviction is for a petty offense or misdemeanor, or during the ten-year
149		-	waiting period if the conviction is for a felony. The Colorado bureau of
150		-	investigation shall forward each amended list to each district attorney.
151		-	(3) (a) (I) Upon receipt of the list from the Colorado bureau of
152		-	investigation STATE COURT ADMINISTRATOR, each ELECTED district attorney,
153		-	OR HIS OR HER DESIGNEE, shall remove convictions from the list MAY,
154		-	WITHIN FORTY-FIVE DAYS, OBJECT TO THE INCLUSION OF A CONVICTION ON
155		-	THE LIST FOR CIRCUMSTANCES
156		-	in which a condition of THE plea was that the
157		-	defendant agreed to not have the conviction record sealed, and
158		-	convictions
159		-	in which the defendant has a pending criminal charge,
160		-	AN INTERVENING
161		-	CONVICTION
162		-	, OR CONVICTIONS THAT ARE INELIGIBLE FOR SEALING . Each PAGE 4-SENATE BILL 22-099 district attorney shall send its amended list to the state court administrator.
163		-	The state court administrator shall compile each of the lists into one final
164		-	list and sort the convictions by judicial district.
165		-	(II) FOR A FELONY CONVICTION FOR AN OFFENSE NOT IN ARTICLE 18
166		-	OF TITLE 18, IN ADDITION TO THE OBJECTIONS IN SUBSECTION (3)(a)(I) OF
167		-	THIS SECTION
168		-	, EACH DISTRICT ATTORNEY MAY , WITHIN FORTY-FIVE DAYS,
169		-	OBJECT WHEN THE DISTRICT ATTORNEY HAS A REASONABLE BELIEF ,
170		-	GROUNDED IN SUPPORTING FACTS , THAT THE PUBLIC INTEREST AND PUBLIC
171		-	SAFETY IN RETAINING PUBLIC ACCESS TO THE CURRENT RECORD OR CASE
172		-	OUTWEIGHS THE PRIVACY INTEREST OF
173		-	, OR ADVERSE CONSEQUENCES TO, THE
174		-	DEFENDANT
175		-	.
	182	+	24
	183	+	INFRACTIONS TO BE SEALED WITH THE FINAL LIST PURSUANT TO25
	184	+	SUBSECTION (3)(b) OF THIS SECTION TO THE CHIEF JUDGE FOR EACH26
	185	+	JUDICIAL DISTRICT. The Colorado bureau of investigation shall compare27
	186	+	099
	187	+	-5- the list with criminal history reports. The Colorado bureau of1
	188	+	investigation shall complete the comparison based on a fingerprint-based2
	189	+	review with sufficient points of reference for identification validation as3
	190	+	determined by the Colorado bureau of investigation. The Colorado bureau4
	191	+	of investigation shall remove any convictions from the list from the state5
	192	+	court administrator in which sufficient identification validation cannot be6
	193	+	made by the Colorado bureau of investigation and any convictions for7
	194	+	which the defendant has an intervening conviction during the seven-year8
	195	+	waiting period if the conviction is for a petty offense or misdemeanor, or9
	196	+	during the ten-year waiting period if the conviction is for a felony. The10
	197	+	Colorado bureau of investigation shall forward each amended list to each11
	198	+	district attorney. 12
	199	+	(3) (a) (I) Upon receipt of the list from the Colorado bureau of13
	200	+	investigation STATE COURT ADMINISTRATOR , each ELECTED district14
	201	+	attorney,
	202	+	OR HIS OR HER DESIGNEE,
	203	+	shall remove convictions from the list15
	204	+	MAY, WITHIN FORTY-FIVE DAYS, OBJECT TO THE INCLUSION OF A16
	205	+	CONVICTION ON THE LIST FOR CIRCUMSTANCES in which a condition of17
	206	+	THE plea was that the defendant agreed to not have the conviction record18
	207	+	sealed, and convictions in which the defendant has a pending criminal19
	208	+	charge,
	209	+	AN INTERVENING CONVICTION , OR CONVICTIONS THAT ARE
	210	+	20
	211	+	INELIGIBLE FOR SEALING. Each district attorney shall send its amended list21
	212	+	to the state court administrator. The state court administrator shall22
	213	+	compile each of the lists into one final list and sort the convictions by23
	214	+	judicial district.24
	215	+	(II) F
	216	+	OR A FELONY CONVICTION FOR AN OFFENSE NOT IN ARTICLE
	217	+	25
	218	+	18
	219	+	OF TITLE 18, IN ADDITION TO THE OBJECTIONS IN SUBSECTION (3)(a)(I)
	220	+	26
	221	+	OF THIS SECTION, EACH DISTRICT ATTORNEY MAY , WITHIN FORTY-FIVE27
	222	+	099
	223	+	-6- DAYS, OBJECT WHEN THE DISTRICT ATTORNEY HAS A REASONABLE BELIEF ,1
	224	+	GROUNDED IN SUPPORTING FACTS, THAT THE PUBLIC INTEREST AND PUBLIC2
	225	+	SAFETY IN RETAINING PUBLIC ACCESS TO THE CURRENT RECORD OR CASE3
	226	+	OUTWEIGHS THE PRIVACY INTEREST OF , OR ADVERSE CONSEQUENCES TO ,4
	227	+	THE DEFENDANT.5
176	228		(III) E
177	229		ACH DISTRICT ATTORNEY SHALL FILE A NOTICE WITH THE
178		-	COURT IN THE CRIMINAL CASE THAT IS THE SUBJECT OF THE RECORD
179		-	WITHOUT THE NEED FOR ADDITIONAL SERVICE ON ANY PARTY
180		-	, NOTING THE
181		-	BASIS OF THE OBJECTION
182		-	.
	230	+	6
	231	+	COURT IN THE CRIMINAL CASE THAT IS THE SUBJECT OF THE RECORD7
	232	+	WITHOUT THE NEED FOR ADDITIONAL SERVICE ON ANY PARTY , NOTING THE8
	233	+	BASIS OF THE OBJECTION.9
183	234		(IV)
184	235		FOR OBJECTIONS PURSUANT TO SUBSECTION (3)(a)(II) OF THIS
185		-	SECTION
186		-	, THE NOTICE MUST EXPLAIN THE BASIS FOR THE OBJECTION AND
187		-	INCLUDE ANY AVAILABLE SUPPORTING DOCUMENTS
188		-	. IN SUCH CASES, THE
189		-	COURT SHALL SERVE NOTICE ON THE DEFENDANT AT THE DEFENDANT
190		-	'S LAST
191		-	KNOWN ADDRESS AND EXPLAIN IN PLAIN LANGUAGE THAT THE DEFENDANT
192		-	MAY REQUEST A HEARING ON THE MATTER
193		-	. IF THE DEFENDANT REQUESTS A
194		-	HEARING
195		-	, THE COURT SHALL PROCEED PURSUANT TO SECTION 24-72-706.
	236	+	10
	237	+	SECTION, THE NOTICE MUST EXPLAIN THE BASIS FOR THE OBJECTION AND11
	238	+	INCLUDE ANY AVAILABLE SUPPORTING DOCUMENTS . IN SUCH CASES, THE12
	239	+	COURT SHALL SERVE NOTICE ON THE DEFENDANT AT THE DEFENDANT 'S13
	240	+	LAST KNOWN ADDRESS AND EXPLAIN IN PLAIN LANGUAGE THAT THE14
	241	+	DEFENDANT MAY REQUEST A HEARING ON THE MATTER . IF THE15
	242	+	DEFENDANT REQUESTS A HEARING , THE COURT SHALL PROCEED PURSUANT16
	243	+	TO SECTION 24-72-706.17
196	244		(V) T
197	245		HE STATE COURT ADMINISTRATOR SHALL REMOVE THE
198		-	CONVICTIONS OBJECTED TO BY THE DISTRICT ATTORNEYS FROM THE LIST
199		-	, IF
200		-	ANY
201		-	, AND THEN COMPILE EACH OF THE LISTS INTO ONE FINAL LIST AND SORT
202		-	THE CONVICTIONS BY JUDICIAL DISTRICT
203		-	. ALL CONVICTIONS FROM THE
204		-	INITIAL LISTS SHALL BE INCLUDED UNLESS OBJECTED TO WITHIN THE
205		-	FORTY
206		-	-FIVE-DAY PERIOD AS INELIGIBLE UNDER SUBSECTION (3)(a)(I),
	246	+	18
	247	+	CONVICTIONS OBJECTED TO BY THE DISTRICT ATTORNEYS FROM THE LIST ,19
	248	+	IF ANY, AND THEN COMPILE EACH OF THE LISTS INTO ONE FINAL LIST AND20
	249	+	SORT THE CONVICTIONS BY JUDICIAL DISTRICT. ALL CONVICTIONS FROM21
	250	+	THE INITIAL LISTS SHALL BE INCLUDED UNLESS OBJECTED TO WITHIN THE22
	251	+	FORTY-FIVE-DAY PERIOD AS INELIGIBLE UNDER SUBSECTION (3)(a)(I),23
207	252		(3)(a)(II), or (3)(a)(III)
208	253		OF THIS SECTION.
209		-	(b) (I) The district attorney
210		-	STATE COURT ADMINISTRATOR shall send
211		-	the final list compiled pursuant to subsection (3)(a) SUBSECTION (3)(a)(V)
212		-	of this section to the chief judge for the judicial district. and The courts of
213		-	that judicial district shall enter sealing orders based on the list received
214		-	WITHIN FOURTEEN DAYS AFTER RECEIPT OF THE AMENDED LIST FROM THE
215		-	STATE COURT ADMINISTRATOR
216		-	.
217		-	PAGE 5-SENATE BILL 22-099 (II) The district court shall send a copy of the sealing order to the
218		-	Colorado bureau of investigation, the law enforcement agency that
219		-	investigated the case, and the district attorney's office that prosecuted the
220		-	case to facilitate sealing of the records held by those entities THE DISTRICT
221		-	ATTORNEY
222		-	'S OFFICES. The court shall also send a copy to the defendant ifthe contact information for the defendant is available and to the state court
223		-	administrator for purposes of subsection (3)(c) SUBSECTIONS (3)(b)(III) AND
224		-	(3)(c) of this section.
	254	+	24
	255	+	(b) (I) The district attorney STATE COURT ADMINISTRATOR25
	256	+	shall send the final list compiled pursuant to subsection (3)(a)26
	257	+	SUBSECTION (3)(a)(V) of this section to the chief judge for the judicial27
	258	+	099
	259	+	-7- district. and The courts of that judicial district shall enter sealing orders1
	260	+	based on the list received
	261	+	WITHIN FOURTEEN DAYS AFTER RECEIPT OF THE
	262	+	2
	263	+	AMENDED LIST FROM THE STATE COURT ADMINISTRATOR .3
	264	+	(II) The district court shall send a copy of the sealing order to the4
	265	+	Colorado bureau of investigation, the law enforcement agency that5
	266	+	investigated the case, and the district attorney's office that prosecuted the6
	267	+	case to facilitate sealing of the records held by those entities THE DISTRICT7
	268	+	ATTORNEY'S OFFICES. The court shall also send a copy to the defendant if8
	269	+	the contact information for the defendant is available and to the state9
	270	+	court administrator for purposes of subsection (3)(c) SUBSECTIONS10
	271	+	(3)(b)(III)
	272	+	AND (3)(c) of this section.
	273	+	11
225	274		(III) T
226	275		HE STATE COURT ADMINISTRATOR SHALL ELECTRONICALLY
227		-	SEND ALL ORDERS SEALING RECORDS PURSUANT TO THIS SUBSECTION
	276	+	12
	277	+	SEND ALL ORDERS SEALING RECORDS PURSUANT TO THIS SUBSECTION13
228	278		(3)(b)
229	279		TO THE COLORADO BUREAU OF INVESTIGATION USING AN
230		-	INFORMATION
231		-	-SHARING DATA TRANSFER TO FACILITATE SEALING OF THE
232		-	RECORDS HELD BY THE
233		-	COLORADO BUREAU OF INVESTIGATION .
	280	+	14
	281	+	INFORMATION-SHARING DATA TRANSFER TO FACILITATE SEALING OF THE15
	282	+	RECORDS HELD BY THE COLORADO BUREAU OF INVESTIGATION .16
234	283		(IV) T
235	284		HE DEFENDANT MAY OBTAIN A COPY OF THE SEALING ORDER
236		-	PURSUANT TO SECTION
237		-	24-72-703 (2)(c) AND SERVE THE SEALING ORDER ON
238		-	ANY CUSTODIAN OF THE RECORDS PURSUANT TO SECTION
239		-	24-72-703 (8),
240		-	INCLUDING THE LAW ENFORCEMENT AGENCY THAT INVESTIGATED THE CASE .
	285	+	17
	286	+	PURSUANT TO SECTION 24-72-703 (2)(c) AND SERVE THE SEALING ORDER18
	287	+	ON ANY CUSTODIAN OF THE RECORDS PURSUANT TO SECTION 24-72-70319
	288	+	(8),
	289	+	INCLUDING THE LAW ENFORCEMENT AGENCY THAT INVESTIGATED THE
	290	+	20
	291	+	CASE.21
241	292		(c) O
242		-	N OR BEFORE JULY 1, 2024, the state court administrator ~~shall~~
243		-	develop a website that allows a defendant to confidentially ~~determine~~
	293	+	N OR BEFORE JULY 1, 2024, the state court administrator shall22
	294	+	develop a website that allows a defendant to confidentially determine23
244	295		whether his or her
245		-	THE DEFENDANT'S conviction has been sealed ~~pursuant~~
246		-	to this section and information about how to receive a copy of the ~~sealing~~
247		-	order.
	296	+	THE DEFENDANT'S conviction has been sealed pursuant24
	297	+	to this section and information about how to receive a copy of the sealing25
	298	+	order.26
248	299		(4) (a) O
249		-	N OR BEFORE FEBRUARY 1, 2024, AND ON OR BEFORE
250		-	JANUARY 1 EACH YEAR THEREAFTER, THE STATE COURT ADMINISTRATOR
251		-	SHALL REPORT TO THE JUDICIAR Y COMMITTEES OF THE SENATE AND THE
252		-	HOUSE OF REPRESENTATIVES
253		-	, OR THEIR SUCCESSOR COMMITTEES , BY
254		-	JUDICIAL DISTRICT AND
255		-	, TO THE EXTENT POSSIBLE , WITH DATA
256		-	DISAGGREGATED BY RACE AND SEX AND BY OFFENSE LEVEL
257		-	, THE NUMBER OF
258		-	CONVICTION RECORDS IN THE PRIOR CALENDAR YEAR THAT
259		-	:
	300	+	N OR BEFORE FEBRUARY 1, 2024, AND ON OR BEFORE27
	301	+	099
	302	+	-8- JANUARY 1 EACH YEAR THEREAFTER, THE STATE COURT ADMINISTRATOR1
	303	+	SHALL REPORT TO THE JUDICIARY COMMITTEES OF THE SENATE AND THE2
	304	+	HOUSE OF REPRESENTATIVES , OR THEIR SUCCESSOR COMMITTEES , BY3
	305	+	JUDICIAL DISTRICT AND, TO THE EXTENT POSSIBLE , WITH DATA4
	306	+	DISAGGREGATED BY RACE AND SEX AND BY OFFENSE LEVEL, THE NUMBER5
	307	+	OF CONVICTION RECORDS IN THE PRIOR CALENDAR YEAR THAT:6
260	308		(I) W
261		-	ERE CONSIDERED FOR AUTOMATIC RECORD SEALING ;
	309	+	ERE CONSIDERED FOR AUTOMATIC RECORD SEALING ;7
262	310		(II) T
263	311		HE STATE COURT ADMINISTRATOR SENT TO THE CHIEF JUDGES
264		-	FOR EACH JUDICIAL DISTRICT
265		-	; AND
266		-	(III) THE DISTRICT ATTORNEYS OBJECTED TO DUE TO :
267		-	PAGE 6-SENATE BILL 22-099 (A) INTERVENING CONVICTIONS;
	312	+	8
	313	+	FOR EACH JUDICIAL DISTRICT; AND9
	314	+	(III) T
	315	+	HE DISTRICT ATTORNEYS OBJECTED TO DUE TO :
	316	+	10
	317	+	(A) I
	318	+	NTERVENING CONVICTIONS;
	319	+	11
268	320		(B) T
269	321		HE INELIGIBILITY OF THE OFFENSE;
	322	+	12
270	323		(C) P
271	324		ENDING CHARGES;
	325	+	13
272	326		(D) P
273	327		LEA AGREEMENTS WAIVING THE RIGHT TO RECORD SEALING ;
274		-	AND
275		-	(E) OBJECTIONS PURSUANT TO SUBSECTION (3)(a)(II) OF THIS
276		-	SECTION
277		-	.
	328	+	14
	329	+	AND15
	330	+	(E) O
	331	+	BJECTIONS PURSUANT TO SUBSECTION (3)(a)(II) OF THIS
	332	+	16
	333	+	SECTION.17
278	334		(b) N
279		-	OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE REPORT
280		-	REQUIRED IN THIS SUBSECTION
281		-	(4) CONTINUES INDEFINITELY.
	335	+	OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE REPORT18
	336	+	REQUIRED IN THIS SUBSECTION (4) CONTINUES INDEFINITELY.19
282	337		(c) D
283	338		URING THE 2023 AND 2024 LEGISLATIVE SESSIONS, THE
284		-	JUDICIAL DEPARTMENT SHALL REPORT ON THE PROGRESS OF ITS
285		-	IMPLEMENTATION OF SECTION
286		-	13-3-117, INCLUDING THE CREATION OF THE
287		-	WEBSITE PURSUANT TO SUBSECTION
288		-	(3)(c) OF THIS SECTION, AS PART OF THE
289		-	DEPARTMENT
290		-	'S "STATE MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE,
291		-	AND TRANSPARENT (SMART) GOVERNMENT ACT" HEARING REQUIRED BY
292		-	SECTION
293		-	2-7-203.
294		-	SECTION 4. In Colorado Revised Statutes, 18-1.3-101, amend
295		-	(10)(c); and add (10)(f) as follows:
296		-	18-1.3-101. Pretrial diversion. (10) Diversion outcomes. (c) At
297		-	any point after a diversion agreement is completed, a defendant may
298		-	petition the court to SHALL seal all arrest and other criminal records
299		-	pertaining to the offense using the procedure described in sections
300		-	24-72-704 and 24-72-705. Unless otherwise prohibited under section
301		-	24-72-703 (11), the court shall issue a sealing order if requested by the
302		-	defendant following successful completion of a diversion agreement.
303		-	(f) (I) UPON COMPLETION OF DIVERSION IN A CASE MANAGED BY A
304		-	DISTRICT ATTORNEY DIVERSION PROGRAM PRIOR TO CHARGES BEING FILED
305		-	,
306		-	THE DISTRICT ATTORNEY SHALL SEAL THE DISTRICT ATTORNEY 'S DIVERSION
307		-	RECORD WITHOUT A COURT ORDER
308		-	. THIS SUBSECTION (10)(f) DOES NOT
309		-	APPLY TO CASES WITH OFFENSES LISTED IN SECTION
310		-	24-4.1-302 (1).
311		-	PAGE 7-SENATE BILL 22-099 (II) THE DISTRICT ATTORNEY SHALL NOTIFY THE COLORADO BUREAU
312		-	OF INVESTIGATION AND THE LAW ENFORCEMENT AGENCY THAT HAD
313		-	CONTACT WITH THE INDIVIDUAL THAT DIVERSION IS COMPLETE AND THE
314		-	CRIMINAL JUSTICE RECORDS ARE SEALED
315		-	. ANY LAW ENFORCEMENT AGENCY
316		-	THAT RECEIVES A NOTICE SHALL ACKNOWLEDGE RECEIPT OF THE NOTICE
317		-	.
318		-	T
319		-	HE COLORADO BUREAU OF INVESTIGATION , LAW ENFORCEMENT AGENCY ,
320		-	DIVERSION PROVIDER, AND DISTRICT ATTORNEY SHALL TREAT THE RECORDS
321		-	AS SEALED WITHIN THIRTY
322		-	-FIVE DAYS AFTER THE COMPLETION OF
323		-	DIVERSION
324		-	, AND ALL PROVISIONS OF SECTION 24-72-703 SHALL APPLY TO
325		-	THOSE RECORDS
326		-	.
327		-	SECTION 5. In Colorado Revised Statutes, 18-7-201.3, repeal
328		-	(2)(a) and (2)(c) as follows:
329		-	18-7-201.3. Affirmative defense - human trafficking -
330		-	expungement of record protective order - definitions. (2) (a) On or after
331		-	January 1, 2016, a person charged with or convicted of prostitution, as
332		-	described in section 18-7-201, or any corresponding municipal code or
333		-	ordinance, for an offense committed before July 1, 2015, which offense was
334		-	committed as a direct result of being a victim of human trafficking, as
335		-	defined in subsection (4) of this section, may apply to the court for a sealing
336		-	of his or her records pursuant to section 24-72-704 or 24-72-707, as
337		-	applicable.
338		-	(c) An official determination or documentation is not required to
339		-	grant a motion pursuant to this subsection (2), but official documentation
340		-	from a federal, state, local, or tribal government agency indicating that the
341		-	defendant was a victim at the time of the offense creates a presumption that
342		-	his or her participation in the offense was a direct result of being a victim.
343		-	SECTION 6. In Colorado Revised Statutes, 18-13-107.3, repeal (3)
344		-	as follows:
345		-	18-13-107.3. Intentional misrepresentation of entitlement to an
346		-	assistance animal - penalty - definitions. (3) (a) A defendant may petition
347		-	the district court of the district in which any conviction records pertaining
348		-	to the defendant's first conviction for intentional misrepresentation of
349		-	entitlement to an assistance animal, as described in subsection (1) of this
350		-	section, are located for the sealing of the conviction records, except for
351		-	basic identifying information.
352		-	PAGE 8-SENATE BILL 22-099 (b) If a petition is filed pursuant to paragraph (a) of this subsection
353		-	(3) for the sealing of a record of conviction for intentional
354		-	misrepresentation of entitlement to an assistance animal, the court shall
355		-	order the record sealed if the following criteria are met:
356		-	(I) The petition is filed;
357		-	(II) The filing fee is paid or the defendant has filed a motion to file
358		-	without payment with a supporting financial affidavit and the court has
359		-	granted the motion;
360		-	(III) The defendant's first conviction for intentional
361		-	misrepresentation of entitlement to an assistance animal was at least three
362		-	years prior to the date of the filing of the petition; and
363		-	(IV) The defendant has not had a subsequent conviction for
364		-	intentional misrepresentation of entitlement to an assistance animal.
365		-	(c) An order entered pursuant to this subsection (3) must be directed
366		-	to each custodian who may have custody of any part of the conviction
367		-	records that are the subject of the order. Whenever a court enters an order
368		-	sealing conviction records pursuant to this subsection (3), the defendant
369		-	shall provide the Colorado bureau of investigation and each custodian of the
370		-	conviction records with a copy of the order and shall pay to the bureau any
371		-	costs related to the sealing of his or her criminal conviction records that are
372		-	in the custody of the bureau unless the court has granted the motion
373		-	specified in subparagraph (II) of paragraph (b) of this subsection (3).
374		-	Thereafter, the defendant may request and the court may grant an order
375		-	sealing the civil case in which the conviction records were sealed.
376		-	SECTION 7. In Colorado Revised Statutes, 18-13-107.7, repeal (3)
377		-	as follows:
378		-	18-13-107.7. Intentional misrepresentation of a service animal
379		-	for a person with a disability - penalty - definitions. (3) (a) A defendant
380		-	may petition the district court of the district in which any conviction records
381		-	pertaining to the defendant's first conviction for intentional
382		-	misrepresentation of a service animal, as described in subsection (1) of this
383		-	section, are located for the sealing of the conviction records, except for
384		-	basic identifying information.
385		-	PAGE 9-SENATE BILL 22-099 (b) If a petition is filed pursuant to paragraph (a) of this subsection
386		-	(3) for the sealing of a record of conviction for intentional
387		-	misrepresentation of a service animal, the court shall order the record sealed
388		-	if the following criteria are met:
389		-	(I) The petition is filed;
390		-	(II) The filing fee is paid or the defendant has filed a motion to file
391		-	without payment with a supporting financial affidavit and the court has
392		-	granted the motion;
393		-	(III) The defendant's first conviction for intentional
394		-	misrepresentation of a service animal was at least three years prior to the
395		-	date of the filing of the petition; and
396		-	(IV) The defendant has not had a subsequent conviction for
397		-	intentional misrepresentation of a service animal.
398		-	(c) An order entered pursuant to this subsection (3) must be directed
399		-	to each custodian who may have custody of any part of the conviction
400		-	records that are the subject of the order. Whenever a court enters an order
401		-	sealing conviction records pursuant to this subsection (3), the defendant
402		-	shall provide the Colorado bureau of investigation and each custodian of the
403		-	conviction records with a copy of the order and shall pay to the bureau any
404		-	costs related to the sealing of his or her criminal conviction records that are
405		-	in the custody of the bureau unless the court has granted the motion
406		-	specified in subparagraph (II) of paragraph (b) of this subsection (3).
407		-	Thereafter, the defendant may request and the court may grant an order
408		-	sealing the civil case in which the conviction records were sealed.
409		-	SECTION 8. In Colorado Revised Statutes, 18-13-122, amend (13)
410		-	as follows:
411		-	18-13-122. Illegal possession or consumption of ethyl alcohol or
412		-	marijuana by an underage person - illegal possession of marijuana
413		-	paraphernalia by an underage person - definitions - adolescent
414		-	substance abuse prevention and treatment fund - legislative
415		-	declaration. (13) Sealing of record. (a) Upon dismissal of a case pursuant
416		-	to this section after completion of a deferred judgment or diversion or any
417		-	other action resulting in dismissal of the case or Upon completion of the
418		-	PAGE 10-SENATE BILL 22-099 court-ordered substance abuse education and payment of any fine for a first
419		-	conviction of subsection (3) of this section, the court shall immediately
420		-	order the case sealed
421		-	PURSUANT TO SECTION 24-72-704 and provide to the
422		-	underage person and the prosecutor a copy of the order sealing the case for
423		-	distribution by the appropriate party to all law enforcement agencies in the
424		-	case.
	339	+	20
	340	+	JUDICIAL DEPARTMENT SHALL REPORT ON THE PROGRESS OF ITS21
	341	+	IMPLEMENTATION OF SECTION 13-3-117, INCLUDING THE CREATION OF THE22
	342	+	WEBSITE PURSUANT TO SUBSECTION (3)(c) OF THIS SECTION, AS PART OF23
	343	+	THE DEPARTMENT 'S "STATE MEASUREMENT FOR ACCOUNTABLE,24
	344	+	R
	345	+	ESPONSIVE, AND TRANSPARENT (SMART) GOVERNMENT ACT" HEARING
	346	+	25
	347	+	REQUIRED BY SECTION 2-7-203.26
	348	+	SECTION 4. In Colorado Revised Statutes, 18-1.3-101, amend27
	349	+	099
	350	+	-9- (10)(c); and add (10)(f) as follows:1
	351	+	18-1.3-101. Pretrial diversion. (10) Diversion outcomes. (c) At2
	352	+	any point after a diversion agreement is completed, a defendant may3
	353	+	petition the court to SHALL seal all arrest and other criminal records4
	354	+	pertaining to the offense using the procedure described in sections5
	355	+	24-72-704 and 24-72-705. Unless otherwise prohibited under section6
	356	+	24-72-703 (11), the court shall issue a sealing order if requested by the7
	357	+	defendant following successful completion of a diversion agreement.8
	358	+	(f) (I) U
	359	+	PON COMPLETION OF DIVERSION IN A CASE MANAGED BY
	360	+	9
	361	+	A DISTRICT ATTORNEY DIVERSION PROGRAM PRIOR TO CHARGES BEING10
	362	+	FILED, THE DISTRICT ATTORNEY SHALL SEAL THE DISTRICT ATTORNEY 'S11
	363	+	DIVERSION RECORD WITHOUT A COURT ORDER . THIS SUBSECTION (10)(f)12
	364	+	DOES NOT APPLY TO CASES WITH OFFENSES LISTED IN SECTION 24-4.1-30213
	365	+	(1).14
	366	+	(II) T
	367	+	HE DISTRICT ATTORNEY SHALL NOTIFY THE COLORADO
	368	+	15
	369	+	BUREAU OF INVESTIGATION AND THE LAW ENFORCEMENT AGENCY THAT16
	370	+	HAD CONTACT WITH THE INDIVIDUAL THAT DIVERSION IS COMPLETE AND17
	371	+	THE CRIMINAL JUSTICE RECORDS ARE SEALED . ANY LAW ENFORCEMENT18
	372	+	AGENCY THAT RECEIVES A NOTICE SHALL ACKNOWLEDGE RECEIPT OF THE19
	373	+	NOTICE. THE COLORADO BUREAU OF INVESTIGATION , LAW ENFORCEMENT20
	374	+	AGENCY, DIVERSION PROVIDER, AND DISTRICT ATTORNEY SHALL TREAT21
	375	+	THE RECORDS AS SEALED WITHIN THIRTY -FIVE DAYS AFTER THE22
	376	+	COMPLETION OF DIVERSION, AND ALL PROVISIONS OF SECTION 24-72-70323
	377	+	SHALL APPLY TO THOSE RECORDS .24
	378	+	SECTION 5. In Colorado Revised Statutes, 18-7-201.3, repeal25
	379	+	(2)(a) and (2)(c) as follows:26
	380	+	18-7-201.3. Affirmative defense - human trafficking -27
	381	+	099
	382	+	-10- expungement of record protective order - definitions. (2) (a) On or1
	383	+	after January 1, 2016, a person charged with or convicted of prostitution,2
	384	+	as described in section 18-7-201, or any corresponding municipal code or3
	385	+	ordinance, for an offense committed before July 1, 2015, which offense4
	386	+	was committed as a direct result of being a victim of human trafficking,5
	387	+	as defined in subsection (4) of this section, may apply to the court for a6
	388	+	sealing of his or her records pursuant to section 24-72-704 or 24-72-707,7
	389	+	as applicable.8
	390	+	(c) An official determination or documentation is not required to9
	391	+	grant a motion pursuant to this subsection (2), but official documentation10
	392	+	from a federal, state, local, or tribal government agency indicating that the11
	393	+	defendant was a victim at the time of the offense creates a presumption12
	394	+	that his or her participation in the offense was a direct result of being a13
	395	+	victim.14
	396	+	SECTION 6. In Colorado Revised Statutes, 18-13-107.3, repeal15
	397	+	(3) as follows:16
	398	+	18-13-107.3. Intentional misrepresentation of entitlement to17
	399	+	an assistance animal - penalty - definitions. (3) (a) A defendant may18
	400	+	petition the district court of the district in which any conviction records19
	401	+	pertaining to the defendant's first conviction for intentional20
	402	+	misrepresentation of entitlement to an assistance animal, as described in21
	403	+	subsection (1) of this section, are located for the sealing of the conviction22
	404	+	records, except for basic identifying information.23
	405	+	(b) If a petition is filed pursuant to paragraph (a) of this subsection24
	406	+	(3) for the sealing of a record of conviction for intentional25
	407	+	misrepresentation of entitlement to an assistance animal, the court shall26
	408	+	order the record sealed if the following criteria are met:27
	409	+	099
	410	+	-11- (I) The petition is filed;1
	411	+	(II) The filing fee is paid or the defendant has filed a motion to2
	412	+	file without payment with a supporting financial affidavit and the court3
	413	+	has granted the motion;4
	414	+	(III) The defendant's first conviction for intentional5
	415	+	misrepresentation of entitlement to an assistance animal was at least three6
	416	+	years prior to the date of the filing of the petition; and7
	417	+	(IV) The defendant has not had a subsequent conviction for8
	418	+	intentional misrepresentation of entitlement to an assistance animal.9
	419	+	(c) An order entered pursuant to this subsection (3) must be10
	420	+	directed to each custodian who may have custody of any part of the11
	421	+	conviction records that are the subject of the order. Whenever a court12
	422	+	enters an order sealing conviction records pursuant to this subsection (3),13
	423	+	the defendant shall provide the Colorado bureau of investigation and each14
	424	+	custodian of the conviction records with a copy of the order and shall pay15
	425	+	to the bureau any costs related to the sealing of his or her criminal16
	426	+	conviction records that are in the custody of the bureau unless the court17
	427	+	has granted the motion specified in subparagraph (II) of paragraph (b) of18
	428	+	this subsection (3). Thereafter, the defendant may request and the court19
	429	+	may grant an order sealing the civil case in which the conviction records20
	430	+	were sealed.21
	431	+	SECTION 7. In Colorado Revised Statutes, 18-13-107.7, repeal22
	432	+	(3) as follows:23
	433	+	18-13-107.7. Intentional misrepresentation of a service animal24
	434	+	for a person with a disability - penalty - definitions. (3) (a) A25
	435	+	defendant may petition the district court of the district in which any26
	436	+	conviction records pertaining to the defendant's first conviction for27
	437	+	099
	438	+	-12- intentional misrepresentation of a service animal, as described in1
	439	+	subsection (1) of this section, are located for the sealing of the conviction2
	440	+	records, except for basic identifying information.3
	441	+	(b) If a petition is filed pursuant to paragraph (a) of this subsection4
	442	+	(3) for the sealing of a record of conviction for intentional5
	443	+	misrepresentation of a service animal, the court shall order the record6
	444	+	sealed if the following criteria are met:7
	445	+	(I) The petition is filed;8
	446	+	(II) The filing fee is paid or the defendant has filed a motion to9
	447	+	file without payment with a supporting financial affidavit and the court10
	448	+	has granted the motion;11
	449	+	(III) The defendant's first conviction for intentional12
	450	+	misrepresentation of a service animal was at least three years prior to the13
	451	+	date of the filing of the petition; and14
	452	+	(IV) The defendant has not had a subsequent conviction for15
	453	+	intentional misrepresentation of a service animal.16
	454	+	(c) An order entered pursuant to this subsection (3) must be17
	455	+	directed to each custodian who may have custody of any part of the18
	456	+	conviction records that are the subject of the order. Whenever a court19
	457	+	enters an order sealing conviction records pursuant to this subsection (3),20
	458	+	the defendant shall provide the Colorado bureau of investigation and each21
	459	+	custodian of the conviction records with a copy of the order and shall pay22
	460	+	to the bureau any costs related to the sealing of his or her criminal23
	461	+	conviction records that are in the custody of the bureau unless the court24
	462	+	has granted the motion specified in subparagraph (II) of paragraph (b) of25
	463	+	this subsection (3). Thereafter, the defendant may request and the court26
	464	+	may grant an order sealing the civil case in which the conviction records27
	465	+	099
	466	+	-13- were sealed.1
	467	+	SECTION 8. In Colorado Revised Statutes, 18-13-122, amend2
	468	+	(13) as follows:3
	469	+	18-13-122. Illegal possession or consumption of ethyl alcohol4
	470	+	or marijuana by an underage person - illegal possession of marijuana5
	471	+	paraphernalia by an underage person - definitions - adolescent6
	472	+	substance abuse prevention and treatment fund - legislative7
	473	+	declaration. (13) Sealing of record. (a) Upon dismissal of a case8
	474	+	pursuant to this section after completion of a deferred judgment or9
	475	+	diversion or any other action resulting in dismissal of the case or Upon10
	476	+	completion of the court-ordered substance abuse education and payment11
	477	+	of any fine for a first conviction of subsection (3) of this section, the court12
	478	+	shall immediately order the case sealed
	479	+	PURSUANT TO SECTION 24-72-70413
	480	+	and provide to the underage person and the prosecutor a copy of the order14
	481	+	sealing the case for distribution by the appropriate party to all law15
	482	+	enforcement agencies in the case.16
425	483		(b) Upon the expiration of one year from the date of a second or
426		-	subsequent conviction for a violation of subsection (3) of this section, the
427		-	underage person convicted of such violation may petition the court in which
428		-	the conviction was assigned for an order sealing the record of the
429		-	conviction. The petitioner shall submit a verified copy of his or her criminal
430		-	history, current through at least the twentieth day prior to the date of the
431		-	filing of the petition, along with the petition at the time of filing, but in no
432		-	event later than the tenth day after the petition is filed. The petitioner shall
433		-	be responsible for obtaining and paying for his or her criminal history
434		-	record. The court shall grant the petition if the petitioner has not been
435		-	arrested for, charged with, or convicted of any felony, misdemeanor, or
436		-	petty offense during the period of one year following the date of the
437		-	petitioner's conviction for a violation of subsection (3) of this section.
438		-	SECTION 9. In Colorado Revised Statutes, 24-72-701, add (2.5),
439		-	(4.5), and (5.5) as follows:
440		-	24-72-701. Definitions. As used in this part 7, unless the context
441		-	otherwise requires:
	484	+	17
	485	+	subsequent conviction for a violation of subsection (3) of this section, the18
	486	+	underage person convicted of such violation may petition the court in19
	487	+	which the conviction was assigned for an order sealing the record of the20
	488	+	conviction. The petitioner shall submit a verified copy of his or her21
	489	+	criminal history, current through at least the twentieth day prior to the22
	490	+	date of the filing of the petition, along with the petition at the time of23
	491	+	filing, but in no event later than the tenth day after the petition is filed.24
	492	+	The petitioner shall be responsible for obtaining and paying for his or her25
	493	+	criminal history record. The court shall grant the petition if the petitioner26
	494	+	has not been arrested for, charged with, or convicted of any felony,27
	495	+	099
	496	+	-14- misdemeanor, or petty offense during the period of one year following the1
	497	+	date of the petitioner's conviction for a violation of subsection (3) of this2
	498	+	section.3
	499	+	SECTION 9. In Colorado Revised Statutes, 24-72-701, add (2.5),4
	500	+	(4.5), and (5.5) as follows:5
	501	+	24-72-701. Definitions. As used in this part 7, unless the context6
	502	+	otherwise requires:7
442	503		(2.5) "C
443		-	ONVICTION" MEANS A CRIMINAL JUDGMENT OF CONVICTION
444		-	AND DOES NOT INCLUDE INFRACTIONS THAT CONSTITUTE CIVIL MATTERS
445		-	.
	504	+	ONVICTION" MEANS A CRIMINAL JUDGMENT OF
	505	+	8
	506	+	CONVICTION AND DOES NOT INCLUDE INFRACTIONS THAT CONSTITUTE9
	507	+	CIVIL MATTERS.10
446	508		(4.5) "C
447		-	RIMINAL JUSTICE RECORDS" MEANS ALL BOOKS, PAPERS,
448		-	CARDS, PHOTOGRAPHS, TAPES, RECORDINGS, OR OTHER ~~DOCUMENTARY~~
449		-	MATERIALS
450		-	, ~~REGARDLESS OF FORM~~ OR ~~CHARACTERISTICS , THAT ARE MADE,~~
451		-	~~MAINTAINED~~, OR ~~KEPT BY ANY CRIMINAL JUSTICE AGENCY OR OTHER ENTITY ,~~
452		-	~~PUBLIC~~ OR ~~PRIVATE~~, ~~IN THE STATE FOR USE IN THE EXERCISE OF FUNCTIONS~~
453		-	~~REQUIRED OR AUTHORIZED BY LAW OR ADMINISTRATIVE RULE~~
454		-	~~, INCLUDING~~
455		-	~~THE RESULTS OF CHEMICAL BIOLOGICAL SUBSTANCE TESTING TO DETERMINE~~
456		-	~~GENETIC MARKERS CONDUCTED PURSUANT TO SECTIONS~~
457		-	~~16-11-102~~.~~4 AND~~
458		-	~~16-23-104.~~
459		-	~~PAGE 11-SENATE BILL 22-099 (5~~.~~5) "DISPOSITION" HAS THE SAME MEANING AS SET FORTH IN~~
460		-	SECTION
461		-	24-72-~~302.~~
462		-	~~SECTION 10. In Colorado Revised Statutes~~, ~~24-72-703~~, ~~amend~~
463		-	(1), (2)(a)(I), (2)(a)(~~III~~), ~~(2)(b), (2)(c),~~ (2)(d)(I)~~, (8), and (12)(b); and add~~
464		-	~~(2)(a)(VI), (2)(a)(VII), (2)(a)(VIII), and (2)(d)(IV) as follows:~~
465		-	~~24-72-703. Sealing of records - general provisions - order~~
466		-	~~applicability - discovery and advisements. (1) Applicability. Theprovisions~~ of This section shall apply APPLIES to the sealing of arrest ~~and~~
467		-	~~criminal~~
468		-	JUSTICE records pursuant to sections 24-72-704 to 24-72-710.
	509	+	RIMINAL JUSTICE RECORDS" MEANS ALL BOOKS, PAPERS,11
	510	+	CARDS, PHOTOGRAPHS, TAPES, RECORDINGS, OR OTHER DOCUMENTARY12
	511	+	MATERIALS, REGARDLESS OF FORM OR CHARACTERISTICS, THAT ARE MADE,13
	512	+	MAINTAINED, OR KEPT BY ANY CRIMINAL JUSTICE AGENCY OR OTHER14
	513	+	ENTITY, PUBLIC OR PRIVATE, IN THE STATE FOR USE IN THE EXERCISE OF15
	514	+	FUNCTIONS REQUIRED OR AUTHORIZED BY LAW OR ADMINISTRATIVE RULE ,16
	515	+	INCLUDING THE RESULTS OF CHEMICAL BIOLOGICAL SUBSTANCE TESTING17
	516	+	TO DETERMINE GENETIC MARKERS CONDUCTED PURSUANT TO SECTIONS18
	517	+	16-11-102.4
	518	+	AND 16-23-104.19
	519	+	(5.5) "D
	520	+	ISPOSITION" HAS THE SAME MEANING AS SET FORTH IN20
	521	+	SECTION 24-72-302.21
	522	+	SECTION 10.
	523	+	In Colorado Revised Statutes, 24-72-703, amend22
	524	+	(1), (2)(a)(I), (2)(a)(III), (2)(b), (2)(c), (2)(d)(I), (8), and (12)(b); and23
	525	+	add (2)(a)(VI), (2)(a)(VII), (2)(a)(VIII), and (2)(d)(IV) as follows:24
	526	+	24-72-703. Sealing of records - general provisions - order25
	527	+	applicability - discovery and advisements. (1) Applicability. The26
	528	+	provisions of This section shall apply APPLIES to the sealing of arrest and27
	529	+	099
	530	+	-15- criminal JUSTICE records pursuant to sections 24-72-704 to 24-72-710.1
469	531		S
470		-	UBSECTIONS (2), (4), (5), (6), (7), AND (12) OF THIS SECTION APPLY TO THE
471		-	AUTOMATIC SEALING OF CRIMINAL JUSTICE RECORDS PURSUANT TO SECTION
472		-	13-3-117.
473		-	(2) Effect of a sealing order. (a) (I) An order sealing arrest or other
474		-	criminal records does not deny access to the criminal records of a petitioner
475		-	or defendant by any court, law enforcement agency, criminal justice agency,
476		-	prosecuting attorney, or
477		-	party, or GOVERNMENTAL agency required by law
478		-	STATUTE OR RULES OR REGULATIONS to conduct a criminal history record
479		-	check on an individual,
480		-	INCLUDING FOR THE PURPOSE OF A PROSECUTOR
481		-	COMPLYING WITH PROSECUTORIAL DUTIES UNDER RULE
482		-	16 OF THE
483		-	COLORADO RULES OF CRIMINAL PROCEDURE TO DISCLOSE CRIMINAL JUSTICE
484		-	RECORDS IN CRIMINAL PROCEEDINGS
485		-	.
486		-	(III) A conviction
487		-	RECORD sealed pursuant to this article 72 AND
488		-	SECTION
489		-	13-3-117 may be used by a criminal justice agency, law
490		-	enforcement agency, court, or prosecuting attorney for any lawful purpose
491		-	relating to the investigation or prosecution of any case, including but not
492		-	limited to any subsequent case that is filed against the petitioner or
	532	+	UBSECTIONS (2), (4), (5), (6), (7), AND (12) OF THIS SECTION APPLY TO
	533	+	2
	534	+	THE AUTOMATIC SEALING OF CRIMINAL JUSTICE RECORDS PURSUANT TO3
	535	+	SECTION 13-3-117.4
	536	+	(2) Effect of a sealing order. (a) (I) An order sealing arrest or5
	537	+	other criminal records does not deny access to the criminal records of a6
	538	+	petitioner or defendant by any court, law enforcement agency, criminal7
	539	+	justice agency, prosecuting attorney, or party, or GOVERNMENTAL agency8
	540	+	required by law STATUTE OR RULES OR REGULATIONS to conduct a9
	541	+	criminal history record check on an individual,
	542	+	INCLUDING FOR THE10
	543	+	PURPOSE OF A PROSECUTOR
	544	+	COMPLYING WITH PROSECUTORIAL DUTIES11
	545	+	UNDER RULE 16 OF THE COLORADO RULES OF CRIMINAL PROCEDURE TO12
	546	+	DISCLOSE CRIMINAL JUSTICE RECORDS IN CRIMINAL PROCEEDINGS .13
	547	+	(III) A conviction RECORD sealed pursuant to this article 72 AND14
	548	+	SECTION 13-3-117 may be used by a criminal justice agency, law15
	549	+	enforcement agency, court, or prosecuting attorney for any lawful purpose16
	550	+	relating to the investigation or prosecution of any case, including but not17
	551	+	limited to any subsequent case that is filed against the petitioner or18
493	552		defendant;
494		-	FOR COLLECTING FINES, COURT COSTS, LATE FEES, OR OTHER
495		-	FEES
496		-	; or for any other lawful purpose within the scope of his, her, or its
497		-	THE
498		-	AGENCY
499		-	'S, COURT'S, OR ATTORNEY'S duties. A party or agency required by
500		-	law to conduct a criminal history record check is authorized to use any
501		-	sealed conviction for the lawful purpose for which the criminal history
502		-	record check is required by law.
	553	+	FOR COLLECTING
	554	+	FINES, COURT COSTS, LATE FEES, OR OTHER19
	555	+	FEES; or for any other lawful purpose within the scope of his, her, or its20
	556	+	THE AGENCY'S, COURT'S, OR ATTORNEY'S duties. A party or agency21
	557	+	required by law to conduct a criminal history record check is authorized22
	558	+	to use any sealed conviction for the lawful purpose for which the criminal23
	559	+	history record check is required by law.24
503	560		(VI) T
504		-	HE SEALING OF A RECORD PURSUANT TO THIS ARTICLE 72 AND
505		-	SECTION
506		-	13-3-117 DOES NOT PRECLUDE A COURT'S JURISDICTION OVER ANY
507		-	SUBSEQUENTLY FILED MOTION
508		-	, INCLUDING A MOTION TO AMEND THE
509		-	PAGE 12-SENATE BILL 22-099 RECORD, A POSTCONVICTION RELIEF MOTION OR PETITION , OR ANY OTHER
510		-	MOTION CONCERNING A SEALED CONVICTION RECORD
511		-	.
	561	+	HE SEALING OF A RECORD PURSUANT TO THIS ARTICLE 7225
	562	+	AND SECTION 13-3-117
	563	+	DOES NOT PRECLUDE A COURT 'S JURISDICTION26
	564	+	OVER ANY SUBSEQUENTLY FILED MOTION , INCLUDING A MOTION TO27
	565	+	099
	566	+	-16- AMEND THE RECORD, A POSTCONVICTION RELIEF MOTION OR PETITION, OR1
	567	+	ANY OTHER MOTION CONCERNING A SEALED CONVICTION RECORD .2
512	568		(VII) A
513		-	DEFENDANT WHOSE RECORD HAS BEEN SEALED OR
514		-	EXPUNGED MAY ACCESS INFORMATION CONTAINED IN THE SEALED RECORD
515		-	FROM THE
516		-	COLORADO BUREAU OF INVESTIGATION WIT HOUT A COURT ORDER .
517		-	I
518		-	N RESPONSE TO AN INQUIRY FROM THE DEFENDANT , THE COLORADO
519		-	BUREAU OF INVESTIGATION SHALL REPLY BOTH PURSUANT TO SUBSECTION
520		-	(2)(b) OF THIS SECTION AND WITH THE INFORMATION AND RECORDS
521		-	UNDERLYING THE SEALED RECORD
522		-	.
	569	+	DEFENDANT WHOSE RECORD HAS BEEN SEALED OR3
	570	+	EXPUNGED MAY ACCESS INFORMATION CONTAINED IN THE SEALED RECORD4
	571	+	FROM THE COLORADO BUREAU OF INVESTIGATION WITHOUT A COURT5
	572	+	ORDER. IN RESPONSE TO AN INQUIRY FROM THE DEFENDANT , THE6
	573	+	C
	574	+	OLORADO BUREAU OF INVESTIGATION SHALL REPLY BOTH PURSUANT TO7
	575	+	SUBSECTION (2)(b) OF THIS SECTION AND WITH THE INFORMATION AND8
	576	+	RECORDS UNDERLYING THE SEALED RECORD .9
523	577		(VIII) A
524		-	PROSECUTING ATTORNEY'S ACCESS TO RECORDS PURSUANT
525		-	TO THIS SUBSECTION
526		-	(2) DOES NOT REQUIRE A COURT ORDER .
527		-	(b) Except as otherwise provided in subsection (2)(a)(I) of this
528		-	section, upon the entry of an order to seal the criminal records, the
529		-	defendant and all criminal justice agencies
530		-	may properly reply, upon an
531		-	inquiry into the matter, that public criminal records do not exist with respect
532		-	to the petitioner or defendant. U
533		-	PON AN INQUIRY INTO A SEALED RECORD, A
534		-	CRIMINAL JUSTICE AGENCY SHALL REPLY THAT A PUBLIC CRIMINAL RECORD
535		-	DOES NOT EXIST WITH RESPECT TO THE DEFENDANT WHO IS THE SUBJECT OF
536		-	THE SEALED RECORD
537		-	.
538		-	(c) Except as otherwise provided in subsection (2)(a)(I) of this
539		-	section, inspection of the records included in an order sealing criminal
540		-	records may thereafter be permitted by the court only upon petition by the
541		-	petitioner or defendant. THE PERSON WHO IS THE SUBJECT OF THE RECORDS
542		-	AND THE PROSECUTING ATTORNEY MAY INSPECT THE RECORDS INCLUDED IN
543		-	AN ORDER SEALING CRIMINAL RECORDS WITHOUT A COURT ORDER AND ONLY
544		-	FOR THE PURPOSES PERMITTED BY LAW
545		-	.
546		-	(d) (I) Except as otherwise provided in subsection (2)(a)(I) of this
547		-	section, employers, state and local government agencies, officials,
548		-	landlords, and
549		-	employees, AND ANY OTHER ENTITY shall not require an
550		-	applicant to disclose any information contained in sealed conviction
551		-	CRIMINAL JUSTICE records in any application or interview or in any other
552		-	way. An applicant does not need to include a reference to or information
553		-	concerning the sealed conviction
554		-	records in answer to any question
555		-	concerning conviction records that have been sealed and may state that the
556		-	applicant has not been criminally convicted. An application may not be
557		-	PAGE 13-SENATE BILL 22-099 denied solely because of the applicant's refusal to disclose conviction
558		-	records that have been sealed.
	578	+	PROSECUTING ATTORNEY 'S ACCESS TO RECORDS
	579	+	10
	580	+	PURSUANT TO THIS SUBSECTION (2) DOES NOT REQUIRE A COURT ORDER .11
559	581		(IV) S
560	582		EALED COURT RECORDS ARE OPEN TO INSPECTION WITHOUT
561		-	~~COURT ORDER TO ANY PERSON OR AGENCY FOR RESEARCH PURPOSES IF ALL~~
562		-	~~OF THE FOLLOWING CONDITIONS ARE MET~~
563		-	:
	583	+	12
	584	+	COURT ORDER TO ANY PERSON OR AGENCY FOR RESEARCH PURPOSES IF13
	585	+	ALL OF THE FOLLOWING CONDITIONS ARE MET :14
564	586		(A) T
565	587		HE PERSON OR AGENCY CONDUCTING THE RESEARCH IS
566		-	EMPLOYED BY THE STATE OF
567		-	COLORADO OR IS UNDER CONTRACT WITH THE
568		-	STATE OF
569		-	COLORADO OR OTHER GOVERNMENTAL SUBDIVISION AND IS
570		-	AUTHORIZED BY THE STATE OR SUBDIVISION TO CONDUCT THE RESEARCH
571		-	;
	588	+	15
	589	+	EMPLOYED BY THE STATE OF COLORADO OR IS UNDER CONTRACT WITH THE16
	590	+	STATE OF COLORADO OR OTHER GOVERNMENTAL SUBDIVISION AND IS17
	591	+	AUTHORIZED BY THE STATE OR SUBDIVISION TO CONDUCT THE RESEARCH ;18
572	592		(B) T
573	593		HE PERSON OR AGENCY CONDUCTING THE RESEARCH ENSURES
574		-	THAT ALL DOCUMENTS CONTAINING IDENTIFYING INFORMATION ARE
575		-	MAINTAINED IN SECURE LOCATIONS AND ACCESS TO SUCH DOCUMENTS BY
576		-	UNAUTHORIZED PERSONS IS PROHIBITED
577		-	, THAT NO IDENTIFYING
578		-	INFORMATION IS INCLUDED IN DOCUMENTS GENERATED FROM THE RESEARCH
579		-	CONDUCTED
580		-	, AND THAT ALL IDENTIFYING INFORMATION IS DELETED FROM
581		-	DOCUMENTS USED IN THE RESEARCH WHEN THE RESEARCH IS COMPLETED
582		-	;
	594	+	19
	595	+	THAT ALL DOCUMENTS CONTAINING IDENTIFYING INFORMATION ARE20
	596	+	MAINTAINED IN SECURE LOCATIONS AND ACCESS TO SUCH DOCUMENTS BY21
	597	+	UNAUTHORIZED PERSONS IS PROHIBITED , THAT NO IDENTIFYING22
	598	+	INFORMATION IS INCLUDED IN DOCUMENTS GENERATED FROM THE23
	599	+	RESEARCH CONDUCTED , AND THAT ALL IDENTIFYING INFORMATION IS24
	600	+	DELETED FROM DOCUMENTS USED IN THE RESEARCH WHEN THE RESEARCH25
	601	+	IS COMPLETED;26
583	602		(C) T
584	603		HE PERSON OR AGENCY ONLY RELEASES ANY DATA IN
585		-	AGGREGATE FORM
586		-	;
	604	+	27
	605	+	099
	606	+	-17- AGGREGATE FORM;1
587	607		(D) I
588	608		F APPLICABLE, WHEN PUBLICLY REPORTING DE -IDENTIFIED
589		-	AGGREGATE INFORMATION ABOUT CRIMINAL JUSTICE ISSUES
590		-	, THE
591		-	INFORMATION WOULD BE INACCURATE WITHOUT THE INCLUSION OF SEALED
592		-	RECORD INFORMATION
593		-	;
	609	+	2
	610	+	AGGREGATE INFORMATION ABOUT CRIMINAL JUSTICE ISSUES , THE3
	611	+	INFORMATION WOULD BE INACCURATE WITHOUT THE INCLUSION OF4
	612	+	SEALED RECORD INFORMATION ;5
594	613		(E) I
595	614		F APPLICABLE, WHEN THE PURPOSE OF THE RESEARCH CANNOT
596		-	BE ACCOMPLISHED WITHOUT THE INCLUSION OF DE
597		-	-IDENTIFIED SEALED
598		-	RECORD INFORMATION
599		-	; AND
600		-	(F) IF APPLICABLE, WHEN THE PERSON OR AGENCY CONDUCTING THE
601		-	RESEARCH IS ALSO CONDUCTING DATA MAINTENANCE OR DATA LINKAGE ON
602		-	BEHALF OF A CUSTODIAN OF CRIMINAL JUSTICE RECORDS AND REQUIRES
603		-	ACCESS TO IDENTIFIED SEALED RECORD INFORMATION
604		-	.
605		-	(8) Service of sealing order. The court shall direct a sealing order
606		-	entered pursuant to this part 7 to each custodian who may have custody of
607		-	any part of the conviction
608		-	CRIMINAL JUSTICE records OR ARREST AND
609		-	PAGE 14-SENATE BILL 22-099 CRIMINAL RECORDS INFORMATION that are the subject of the order. THE
610		-	COURT SHALL DIRECT THAT THE SEALING ORDER APPLIES TO PUBLIC AND
611		-	PRIVATE CUSTODIANS OF THE RECORDS
612		-	. Whenever a court enters an order
613		-	sealing conviction CRIMINAL JUSTICE records, the defendant COURT shall
614		-	provide the Colorado bureau of investigation and each custodian of the
615		-	conviction
616		-	records with a copy of the order. The petitioner shall provide
617		-	DEFENDANT MAY SERVE a private OR PUBLIC custodian with a copy of the
618		-	order. and send the private custodian an electronic notification of the order.
619		-	Each private custodian that receives a copy of the order from the petitioner
620		-	DEFENDANT shall remove the records that are subject to an order from its
621		-	database
622		-	AND SHALL SECURE AND KEEP CONFIDENTIAL ANY RECORDS IN THE
623		-	CUSTODIAN
624		-	'S POSSESSION. The defendant shall pay to the bureau any costs
625		-	related to the sealing of his or her
626		-	THE DEFENDANT'S criminal conviction
627		-	JUSTICE records in the custody of the bureau, UNLESS THE DEFENDANT
628		-	DEMONSTRATES THAT THE RECORDS SHOULD HAVE BEEN AUTOMATICALLY
629		-	SEALED PURSUANT TO SECTION
630		-	13-3-117, 24-72-704, OR 24-72-705.
631		-	Thereafter, the defendant may request and the court may grant an order
632		-	sealing the civil
633		-	case in which the conviction records were sealed.
634		-	(12) Exclusions. (b) Conviction records must not be sealed if the
635		-	defendant still owes restitution, NEITHER THE COURT NOR THE STATE COURT
636		-	ADMINISTRATOR
637		-	'S OFFICE SHALL FACTOR IN OR TAKE INTO CONSIDERATION
638		-	ANY UNPAID
639		-	fines, court costs, late fees, or other fees ordered by the court
640		-	in the case that is the subject of the motion to seal unless the court that
641		-	entered the order has vacated the order WHEN THE COURT IS DETERMINING
642		-	WHETHER THE RECORD SHOULD BE SEALED
643		-	.
644		-	SECTION 11. In Colorado Revised Statutes, 24-72-704, amend
645		-	(1)(d) and (2)(b)(I)(B); and add (6) as follows:
646		-	24-72-704. Sealing of arrest records when no charges filed -
647		-	automatic sealing. (1) (d) Inspection of the records included in an ordersealing criminal records may be permitted by the court only upon petition
648		-	by the person who is the subject of the records or by the prosecuting
649		-	attorney and only for those purposes named in the petition. THE PERSON
650		-	WHO IS THE SUBJECT OF THE RECORDS AND THE PROSECUTING ATTORNEY
651		-	MAY INSPECT THE RECORDS INCLUDED IN AN ORDER SEALING CRIMINAL
652		-	RECORDS WITHOUT A COURT ORDER AND ONLY FOR THE PURPOSES
653		-	PERMITTED BY LAW
654		-	.
655		-	PAGE 15-SENATE BILL 22-099 (2) (b) (I) For arrests without a conviction after January 1, 2019, but
656		-	before January 1, 2022, the Colorado bureau of investigation shall
657		-	automatically seal an arrest record that is in its custody and control of a
658		-	person when no criminal charges have been filed:
659		-	(B) Within eighteen months after the date of arrest for a
	615	+	6
	616	+	BE ACCOMPLISHED WITHOUT THE INCLUSION OF DE -IDENTIFIED SEALED7
	617	+	RECORD INFORMATION; AND8
	618	+	(F) I
	619	+	F APPLICABLE, WHEN THE PERSON OR AGENCY CONDUCTING
	620	+	9
	621	+	THE RESEARCH IS ALSO CONDUCTING DATA MAINTENANCE OR DATA10
	622	+	LINKAGE ON BEHALF OF A CUSTODIAN OF CRIMINAL JUSTICE RECORDS AND11
	623	+	REQUIRES ACCESS TO IDENTIFIED SEALED RECORD INFORMATION .12
	624	+	(b) Except as otherwise provided in subsection (2)(a)(I) of this13
	625	+	section, upon the entry of an order to seal the criminal records, the14
	626	+	defendant and all criminal justice agencies may properly reply, upon an15
	627	+	inquiry into the matter, that public criminal records do not exist with16
	628	+	respect to the petitioner or defendant. U
	629	+	PON AN INQUIRY
	630	+	INTO A SEALED17
	631	+	RECORD, A CRIMINAL JUSTICE AGENCY SHALL REPLY THAT A PUBLIC18
	632	+	CRIMINAL RECORD DOES NOT EXIST WITH RESPECT TO THE DEFENDANT19
	633	+	WHO IS THE SUBJECT OF THE SEALED RECORD .20
	634	+	(c) Except as otherwise provided in subsection (2)(a)(I) of this21
	635	+	section, inspection of the records included in an order sealing criminal22
	636	+	records may thereafter be permitted by the court only upon petition by the23
	637	+	petitioner or defendant. THE PERSON WHO IS THE SUBJECT OF THE24
	638	+	RECORDS AND THE PROSECUTING ATTORNEY MAY INSPECT THE RECORDS25
	639	+	INCLUDED IN AN ORDER SEALING CRIMINAL RECORDS WITHOUT A COURT26
	640	+	ORDER AND ONLY FOR THE PURPOSES PERMITTED BY LAW .27
	641	+	099
	642	+	-18- (d) (I) Except as otherwise provided in subsection (2)(a)(I) of this1
	643	+	section, employers, state and local government agencies, officials,2
	644	+	landlords, and employees, AND ANY OTHER ENTITY shall not require an3
	645	+	applicant to disclose any information contained in sealed conviction4
	646	+	CRIMINAL JUSTICE records in any application or interview or in any other5
	647	+	way. An applicant does not need to include a reference to or information6
	648	+	concerning the sealed conviction records in answer to any question7
	649	+	concerning conviction records that have been sealed and may state that8
	650	+	the applicant has not been criminally convicted. An application may not9
	651	+	be denied solely because of the applicant's refusal to disclose conviction10
	652	+	records that have been sealed.11
	653	+	12
	654	+	(8) Service of sealing order. The court shall direct a sealing order13
	655	+	entered pursuant to this part 7 to each custodian who may have custody14
	656	+	of any part of the conviction CRIMINAL JUSTICE records OR ARREST AND15
	657	+	CRIMINAL RECORDS INFORMATION that are the subject of the order. THE16
	658	+	COURT SHALL DIRECT THAT THE SEALING ORDER APPLIES TO PUBLIC AND17
	659	+	PRIVATE CUSTODIANS OF THE RECORDS . Whenever a court enters an order18
	660	+	sealing conviction CRIMINAL JUSTICE records, the defendant COURT shall19
	661	+	provide the Colorado bureau of investigation and each custodian of the20
	662	+	conviction records with a copy of the order. The petitioner shall provide21
	663	+	DEFENDANT MAY SERVE a private OR PUBLIC custodian with a copy of the22
	664	+	order. and send the private custodian an electronic notification of the23
	665	+	order. Each private custodian that receives a copy of the order from the24
	666	+	petitioner DEFENDANT shall remove the records that are subject to an25
	667	+	order from its database
	668	+	AND SHALL SECURE AND KEEP CONFIDENTIAL ANY26
	669	+	RECORDS IN THE CUSTODIAN'S POSSESSION. The defendant shall pay to the27
	670	+	099
	671	+	-19- bureau any costs related to the sealing of his or her THE DEFENDANT'S1
	672	+	criminal conviction JUSTICE records in the custody of the bureau, UNLESS2
	673	+	THE DEFENDANT DEMONSTRATES THAT THE RECORDS SHOULD HAVE BEEN3
	674	+	AUTOMATICALLY SEALED PURSUANT TO SECTION 13-3-117, 24-72-704, OR4
	675	+	24-72-705. Thereafter, the defendant may request and the court may grant5
	676	+	an order sealing the civil case in which the conviction records were6
	677	+	sealed.7
	678	+	(12) Exclusions. (b) Conviction records must not be sealed if the8
	679	+	defendant still owes restitution, NEITHER THE COURT NOR THE STATE9
	680	+	COURT ADMINISTRATOR 'S OFFICE SHALL FACTOR IN OR TAKE INTO10
	681	+	CONSIDERATION ANY UNPAID fines, court costs, late fees, or other fees11
	682	+	ordered by the court in the case that is the subject of the motion to seal12
	683	+	unless the court that entered the order has vacated the order WHEN THE13
	684	+	COURT IS DETERMINING WHETHER THE RECORD SHOULD BE SEALED .14
	685	+	15
	686	+	SECTION 11. In Colorado Revised Statutes, 24-72-704, amend16
	687	+	(2)(b)(I)(B) and (1)(d); and add (6) as follows:17
	688	+	24-72-704. Sealing of arrest records when no charges filed -18
	689	+	automatic sealing. (1) (d) Inspection of the records included in an order19
	690	+	sealing criminal records may be permitted by the court only upon petition20
	691	+	by the person who is the subject of the records or by the prosecuting21
	692	+	attorney and only for those purposes named in the petition. THE PERSON22
	693	+	WHO IS THE SUBJECT OF THE RECORDS AND THE PROSECUTING ATTORNEY23
	694	+	MAY INSPECT THE RECORDS INCLUDED IN AN ORDER SEALING CRIMINAL24
	695	+	RECORDS WITHOUT A COURT ORDER AND ONLY FOR THE PURPOSES25
	696	+	PERMITTED BY LAW.26
	697	+	(2) (b) (I) For arrests without a conviction after January 1, 2019,27
	698	+	099
	699	+	-20- but before January 1, 2022, the Colorado bureau of investigation shall1
	700	+	automatically seal an arrest record that is in its custody and control of a2
	701	+	person when no criminal charges have been filed:3
	702	+	(B) Within eighteen months after the date of arrest for a4
660	703		misdemeanor offense, a misdemeanor traffic offense,
661		-	A CIVIL INFRACTION,
662		-	a petty offense, a municipal ordinance violation for which the statute of
663		-	limitations is eighteen months or less, or if there is no indication of ~~the~~
664		-	classification of the crime in the arrest data.
	704	+	A CIVIL INFRACTION,5
	705	+	a petty offense, a municipal ordinance violation for which the statute of6
	706	+	limitations is eighteen months or less, or if there is no indication of the7
	707	+	classification of the crime in the arrest data.8
665	708		(6) (a) B
666		-	EGINNING NOVEMBER 1, 2023, AND ~~ANNUALLY~~
667		-	THEREAFTER
668		-	, THE ~~COLORADO BUREAU~~ OF ~~INVESTIGATION SHALL REPORT~~
669		-	~~THE NUMBER OF ARREST RECORDS SEALED~~ TO THE JUDICIARY ~~COMMITTEES~~
670		-	OF THE SENATE AND THE HOUSE OF REPRESENTATIVES
671		-	, ~~OR THEIR SUCCESSOR~~
672		-	~~COMMITTEES~~
673		-	~~, BY JUDICIAL DISTRICT AND, TO THE EXTENT POSSIBLE, WITH~~
674		-	~~DATA DISAGGREGATED BY RACE AND SEX AND BY OFFENSE LEVEL~~
675		-	.
	709	+	EGINNING NOVEMBER 1, 2023, AND ANNUALLY9
	710	+	THEREAFTER, THE COLORADO BUREAU OF INVESTIGATION SHALL REPORT10
	711	+	THE NUMBER OF ARREST RECORDS SEALED
	712	+	TO THE JUDICIARY COMMITTEES11
	713	+	OF THE SENATE AND THE HOUSE OF REPRESENTATIVES , OR THEIR12
	714	+	SUCCESSOR COMMITTEES , BY JUDICIAL DISTRICT AND, TO THE EXTENT13
	715	+	POSSIBLE, WITH DATA DISAGGREGATED BY RACE AND SEX AND BY OFFENSE14
	716	+	LEVEL.15
	717	+	16
	718	+	17
676	719		(b) N
677		-	OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE ~~REPORT~~
678		-	REQUIRED IN THIS SUBSECTION
679		-	~~(6) CONTINUES INDEFINITELY~~.
680		-	~~SECTION 12.~~ In Colorado Revised Statutes, 24-72-705, ~~amend~~
681		-	(1)(a) introductory portion, (1)(b), (1)(c), and (2); and add (1)(a.5) as
682		-	follows:
683		-	24-72-705. Sealing criminal justice records other ~~than~~
	720	+	OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE REPORT18
	721	+	REQUIRED IN THIS SUBSECTION (6) CONTINUES INDEFINITELY.19
	722	+	SECTION 12.
	723	+	In Colorado Revised Statutes, 24-72-705, amend20
	724	+	(1)(a) introductory portion, (1)(b), (1)(c), and (2); and add (1)(a.5) as21
	725	+	follows:22
	726	+	24-72-705. Sealing criminal justice records other than23
684	727		convictions - simplified process - applicability. (1) (a) O
685		-	N ITS ~~OWN~~
686		-	MOTION
687		-	, the court shall order the defendant's criminal justice ~~records sealed~~
688		-	when:
	728	+	N ITS OWN24
	729	+	MOTION,
	730	+	the court shall order the defendant's criminal justice records25
	731	+	sealed when:26
689	732		(a.5) T
690	733		HE COURT SHALL NOT REQUIRE A WRITTEN MOTION OR ANY
691		-	OTHER WRITTEN PLEADINGS FOR SEAL ING PURSUANT TO THIS SECTION
692		-	. THE
693		-	COURT SHALL ENTER AN ORDER SEALING RECORDS PURSUANT TO THIS
694		-	SUBSECTION
695		-	(1) AT THE TIME OF DISPOSITION AND SHALL SERVE THE SEALING
696		-	ORDER PURSUANT TO SECTION
697		-	24-72-703(8) NO LATER THAN TWENTY-EIGHT
698		-	DAYS AFTER THE DATE OF DISPOSITION
699		-	.
700		-	(b) If the court did not order the record sealing at the time of the
701		-	dismissal or acquittal, the defendant may make such motion at any time
702		-	subsequent to the dismissal or acquittal through the filing of a written
703		-	PAGE 16-SENATE BILL 22-099 motion in the criminal case with written notice to the prosecuting attorney
704		-	COLORADO BUREAU OF INVESTIGATION SHALL AUTOMATICALLY SEAL THE
705		-	RECORD UPON RECEIPT OF DISPOSITION IN THE CASE
706		-	, UNLESS THE DEFERRED
707		-	JUDGMENT IS INELIGIBLE FOR SEALING PURS UANT TO SECTION
708		-	24-72-703
709		-	(12)(d).
	734	+	27
	735	+	099
	736	+	-21- OTHER WRITTEN PLEADINGS FOR SEALING PURSUANT TO THIS SECTION . THE1
	737	+	COURT SHALL ENTER AN ORDER SEALING RECORDS PURSUANT TO THIS2
	738	+	SUBSECTION (1) AT THE TIME OF DISPOSITION AND SHALL SERVE THE3
	739	+	SEALING ORDER PURSUANT TO SECTION 24-72-703(8) NO LATER THAN4
	740	+	TWENTY-EIGHT DAYS AFTER THE DATE OF DISPOSITION.5
	741	+	(b) If the court did not order the record sealing at the time of the6
	742	+	dismissal or acquittal, the defendant may make such motion at any time7
	743	+	subsequent to the dismissal or acquittal through the filing of a written8
	744	+	motion in the criminal case with written notice to the prosecuting attorney9
	745	+	C
	746	+	OLORADO BUREAU OF INVESTIGATION SHALL AUTOMATICALLY SEAL THE10
	747	+	RECORD UPON RECEIPT OF DISPOSITION IN THE CASE , UNLESS THE11
	748	+	DEFERRED JUDGMENT IS INELIGIBLE FOR SEALING PURSUANT TO SECTION12
	749	+	24-72-703 (12)(d).13
710	750		(c) If the defendant moves pursuant to subsection (1)(a) of this
711		-	~~section to seal his or her criminal justice records pursuant to the expedited~~
712		-	~~procedures of this section,~~ the ~~court shall promptly process the defendant's~~
713		-	~~request to seal~~ the ~~criminal justice records within the criminal case without~~
714		-	the ~~filing of an independent civil action and without any further evidence~~
715		-	~~except for evidence~~ of ~~the dismissal or acquittal.~~ ~~Motions filed pursuant to~~
716		-	~~this section are procedural in nature,~~ ~~and sealing pursuant to this section~~
717		-	~~applies retroactively for all eligible cases when the case has been~~
718		-	~~completely dismissed or the defendant has been acquitted of~~ all ~~counts in~~
719		-	~~a state~~ or ~~municipal criminal case.~~
720		-	~~(2) (a)~~ A ~~defendant moving to have his~~ or ~~her~~ criminal ~~justice~~
721		-	~~records sealed or~~ a defendant ~~who has~~ his or her criminal ~~justice records~~
722		-	sealed ~~by the court pursuant to this section shall pay~~ a ~~processing fee of~~
723		-	~~sixty-five dollars~~ to ~~cover the actual costs related to the sealing of the~~
724		-	~~criminal justice records,~~ ~~which~~ the ~~court may waive upon a determination~~
725		-	~~of indigency IF THE AUTOMATIC SEALING OF A CRIMINAL RECORD DOES NOT~~
726		-	~~OCCUR~~
727		-	, THE ~~DEFENDANT MAY MAKE~~ A ~~MOTION TO SEAL IN THE CRIMINAL~~
728		-	~~CASE~~ THE ~~RECORD AT ANY TIME SUBSEQUENT~~ TO ~~THE DISMISSAL OR~~
729		-	~~ACQUITTAL THROUGH~~ THE ~~FILING OF A WRITTEN MOTION~~
730		-	. THE ~~DEFENDANT~~
731		-	MAY MAKE THE MOTION WITHOUT BEING CHARGED FEES ~~OR COSTS~~
732		-	.
733		-	(b) When the motion to seal the criminal case is filed in ~~state court,~~
734		-	the processing fees collected pursuant to subsection (2)(a) of ~~this section~~
735		-	must be transmitted to the state treasurer and credited to ~~the judicial~~
736		-	stabilization cash fund created in section 13-32-101 (6).
737		-	(c) When the motion to seal the criminal case is filed in ~~municipal~~
738		-	court, the processing fees collected pursuant to subsection (2)(a) of ~~this~~
739		-	section must be reported and paid as municipal costs and must be
740		-	transmitted to the treasurer of the municipality and deposited in ~~the general~~
741		-	fund of the municipality pursuant to section 13-10-115.
742		-	SECTION 13. In Colorado Revised Statutes, 24-72-706, ~~amend~~
743		-	~~PAGE 17-SENATE BILL 22-099~~ (1)(b)(I), (1)(e), (1)(f)(I), and (1)(h); repeal (2)(c); and ~~add (1)(b)(I.5),~~
744		-	(1)(b)(III.3), (1)(b)(III.5), and (1)(i) as follows:
745		-	24-72-706. Sealing of criminal justice records - processing fee.
	751	+	14
	752	+	section to seal his or her criminal justice records pursuant to the expedited15
	753	+	procedures of this section, the court shall promptly process the16
	754	+	defendant's request to seal the criminal justice records within the criminal17
	755	+	case without the filing of an independent civil action and without any18
	756	+	further evidence except for evidence of the dismissal or acquittal.19
	757	+	Motions filed pursuant to this section are procedural in nature, and20
	758	+	sealing pursuant to this section applies retroactively for all eligible cases21
	759	+	when the case has been completely dismissed or the defendant has been22
	760	+	acquitted of all counts in a state or municipal criminal case.23
	761	+	(2) (a) A defendant moving to have his or her criminal justice24
	762	+	records sealed or a defendant who has his or her criminal justice records25
	763	+	sealed by the court pursuant to this section shall pay a processing fee of26
	764	+	sixty-five dollars to cover the actual costs related to the sealing of the27
	765	+	099
	766	+	-22- criminal justice records, which the court may waive upon a determination1
	767	+	of indigency IF THE AUTOMATIC SEALING OF A CRIMINAL RECORD DOES2
	768	+	NOT OCCUR, THE DEFENDANT MAY MAKE A MOTION TO SEAL IN THE3
	769	+	CRIMINAL CASE THE RECORD AT ANY TIME SUBSEQUENT TO THE DISMISSAL4
	770	+	OR ACQUITTAL THROUGH THE FILING OF A WRITTEN MOTION . THE5
	771	+	DEFENDANT MAY MAKE THE MOTION WITHOUT BEING CHARGED FEES OR6
	772	+	COSTS.7
	773	+	(b) When the motion to seal the criminal case is filed in state8
	774	+	court, the processing fees collected pursuant to subsection (2)(a) of this9
	775	+	section must be transmitted to the state treasurer and credited to the10
	776	+	judicial stabilization cash fund created in section 13-32-101 (6).11
	777	+	(c) When the motion to seal the criminal case is filed in municipal12
	778	+	court, the processing fees collected pursuant to subsection (2)(a) of this13
	779	+	section must be reported and paid as municipal costs and must be14
	780	+	transmitted to the treasurer of the municipality and deposited in the15
	781	+	general fund of the municipality pursuant to section 13-10-115.16
	782	+	SECTION 13. In Colorado Revised Statutes, 24-72-706, amend17
	783	+	(1)(b)(I), (1)(e), (1)(f)(I), and (1)(h); repeal (2)(c); and add18
	784	+	(1)(b)(I.5), (1)(b)(III.3), (1)(b)(III.5), and (1)(i) as follows:19
	785	+	24-72-706. Sealing of criminal justice records - processing fee.20
746	786		(1) Sealing of conviction records. (b) (I) If the offense is a
747		-	CIVIL
748		-	INFRACTION
749		-	, A petty offense, or a drug petty offense, the motion may be
750		-	filed one year after the later of the date of the final disposition of all
	787	+	CIVIL21
	788	+	INFRACTION, A petty offense, or a drug petty offense, the motion may be22
	789	+	filed one year after the later of the date of the final disposition of all23
751	790		criminal
752		-	proceedings against the defendant or the release of the ~~defendant~~
753		-	from supervision concerning a criminal conviction.
	791	+	proceedings against the defendant or the release of the defendant24
	792	+	from supervision concerning a criminal conviction.25
754	793		(I.5) I
755		-	F THE OFFENSE IS A SECOND OR SUBSEQUENT CONVICTION FOR
756		-	A VIOLATION OF SECTION
757		-	18-13-122 (3), THE MOTION MAY BE FILED ONE
758		-	YEAR AFTER THE DATE OF THE SECOND OR SUBSEQUENT CONVICTION
759		-	, AND
760		-	THE COURT SHALL ORDER THAT THE MOTION BE GRANTED IF THE DEFENDANT
761		-	HAS NOT BEEN CONVICTED OF OR IS NOT CURRENTLY CHARGED WITH ANY
762		-	FELONY
763		-	, MISDEMEANOR, OR PETTY OFFENSE DURING THE PERIOD OF ONE
764		-	YEAR AFTER THE DATE OF THE DEFENDANT
765		-	'S CONVICTION FOR A VIOLATION
766		-	OF SECTION
767		-	18-13-122 (3).
	794	+	F THE OFFENSE IS A SECOND OR SUBSEQUENT CONVICTION26
	795	+	FOR A VIOLATION OF SECTION 18-13-122 (3), THE MOTION MAY BE FILED27
	796	+	099
	797	+	-23- ONE YEAR AFTER THE DATE OF THE SECOND OR SUBSEQUENT CONVICTION ,1
	798	+	AND THE COURT SHALL ORDER THAT THE MOTION BE GRANTED IF THE2
	799	+	DEFENDANT HAS NOT BEEN CONVICTED OF OR IS NOT CURRENTLY3
	800	+	CHARGED WITH ANY FELONY , MISDEMEANOR, OR PETTY OFFENSE DURING4
	801	+	THE PERIOD OF ONE YEAR AFTER THE DATE OF THE DEFENDANT 'S5
	802	+	CONVICTION FOR A VIOLATION OF SECTION 18-13-122 (3).6
768	803		(III.3) N
769		-	OTWITHSTANDING SUBSECTION (1)(b)(I) OF THIS SECTION,
770		-	IF THE OFFENSE IS A FIRST CONVICTION FOR INTENTIONAL
771		-	MISREPRESENTATION OF ENTITLEMENT TO AN ASSISTANCE ANIMAL AS
772		-	DESCRIBED IN SECTION
773		-	18-13-107.3 (1), THE DEFENDANT MAY FILE A MOTION
774		-	THREE YEARS AFTER THE CONVICTION AND THE COURT SHALL ORDER THE
775		-	RECORD SEALED IF THE DEFENDANT DOES NOT HAVE A SUBSEQUENT
776		-	CONVICTION FOR INTENTIONAL MISREPRESENTATION OF ENTITLEMENT TO AN
777		-	ASSISTANCE ANIMAL
778		-	.
	804	+	OTWITHSTANDING SUBSECTION (1)(b)(I) OF THIS SECTION,7
	805	+	IF THE OFFENSE IS A FIRST CONVICTION FOR INTENTIONAL8
	806	+	MISREPRESENTATION OF ENTITLEMENT TO AN ASSISTANCE ANIMAL AS9
	807	+	DESCRIBED IN SECTION 18-13-107.3 (1), THE DEFENDANT MAY FILE A10
	808	+	MOTION THREE YEARS AFTER THE CONVICTION AND THE COURT SHALL11
	809	+	ORDER THE RECORD SEALED IF THE DEFENDANT DOES NOT HAVE A12
	810	+	SUBSEQUENT CONVICTION FOR INTENTIONAL MISREPRESENTATION OF13
	811	+	ENTITLEMENT TO AN ASSISTANCE ANIMAL .14
779	812		(III.5) I
780		-	F THE OFFENSE IS A FIRST CONVICTION FOR INTENTIONAL
781		-	MISREPRESENTATION OF A SERVICE ANIMAL
782		-	, AS DESCRIBED IN SECTION
783		-	18-13-107.7 (1), THE DEFENDANT MAY FILE A MOTION THREE YEARS AFTER
784		-	THE CONVICTION
785		-	, AND THE COURT SHALL ORDER THE RECORD SEALED IF THE
786		-	DEFENDANT DOES NOT HAVE A SUBSEQUENT CONVICTION FOR INTENTIONAL
787		-	MISREPRESENTATION OF A SERVICE ANIMAL
788		-	.
789		-	(e) Conviction records may not be sealed if the defendant still owes
790		-	restitution, fines, court costs, late fees, or other fees ordered by the court in
791		-	the case that is the subject of the motion to seal conviction records, unless
792		-	the court that entered the order for restitution fines, court costs, late fees, or
793		-	other fees vacated the order.
794		-	PAGE 18-SENATE BILL 22-099 (f) (I) If a motion is filed for the sealing of a CIVIL INFRACTION, A
795		-	petty offense, A petty drug offense, or, notwithstanding any provision of this
796		-	part 7 to the contrary, an offense for the possession of marijuana, the court
797		-	shall order that the records be sealed after the motion is filed and the
798		-	criminal history filed with the court documents to the court that the
799		-	defendant has not been convicted of a criminal
800		-	AN offense since the date of
801		-	the final disposition of all criminal proceedings against the defendant or
802		-	since the date of the defendant's release from supervision, whichever is
803		-	later.
804		-	(h) A defendant who files a motion to seal criminal justice
805		-	conviction
806		-	records pursuant to this section shall pay a processing fee of
807		-	sixty-five dollars to cover the actual costs related to the sealing of the
808		-	criminal justice records. which the court may waive upon a determination
809		-	of indigency. The defendant shall pay to the Colorado bureau of
810		-	investigation any costs related to the sealing of his or her THE DEFENDANT'S
811		-	criminal conviction JUSTICE records in the custody of the bureau. THE
812		-	COURT SHALL WAIVE THE PROCESSING FEE UPON A DETERMINATION THAT
813		-	:
	813	+	F THE OFFENSE IS A FIRST CONVICTION FOR INTENTIONAL15
	814	+	MISREPRESENTATION OF A SERVICE ANIMAL , AS DESCRIBED IN SECTION16
	815	+	18-13-107.7
	816	+	(1), THE DEFENDANT MAY FILE A MOTION THREE YEARS AFTER17
	817	+	THE CONVICTION, AND THE COURT SHALL ORDER THE RECORD SEALED IF18
	818	+	THE DEFENDANT DOES NOT HAVE A SUBSEQUENT CONVICTION FOR19
	819	+	INTENTIONAL MISREPRESENTATION OF A SERVICE ANIMAL .20
	820	+	(e) Conviction records may not be sealed if the defendant still
	821	+	21
	822	+	owes restitution, fines, court costs, late fees, or other fees ordered by the22
	823	+	court in the case that is the subject of the motion to seal conviction23
	824	+	records, unless the court that entered the order for restitution fines, court24
	825	+	costs, late fees, or other fees vacated the order.25
	826	+	(f) (I) If a motion is filed for the sealing of a
	827	+	CIVIL INFRACTION, A26
	828	+	petty offense,
	829	+	A petty drug offense, or, notwithstanding any provision of27
	830	+	099
	831	+	-24- this part 7 to the contrary, an offense for the possession of marijuana, the1
	832	+	court shall order that the records be sealed after the motion is filed and2
	833	+	the criminal history filed with the court documents to the court that the3
	834	+	defendant has not been convicted of a criminal AN offense since the date4
	835	+	of the final disposition of all criminal proceedings against the defendant5
	836	+	or since the date of the defendant's release from supervision, whichever6
	837	+	is later.7
	838	+	(h) A defendant who files a motion to seal criminal justice8
	839	+	conviction records pursuant to this section shall pay a processing fee of9
	840	+	sixty-five dollars to cover the actual costs related to the sealing of the10
	841	+	criminal justice records. which the court may waive upon a determination11
	842	+	of indigency. The defendant shall pay to the Colorado bureau of12
	843	+	investigation any costs related to the sealing of his or her THE13
	844	+	DEFENDANT'S criminal conviction JUSTICE records in the custody of the14
	845	+	bureau. T
	846	+	HE COURT SHALL WAIVE THE PROCESSING FEE UPON A15
	847	+	DETERMINATION THAT:16
814	848		(I) T
815		-	HE DEFENDANT IS INDIGENT; OR
816		-	(II) ~~THE DEFENDANT 'S RECORDS SHOULD HAVE BEEN~~
817		-	~~AUTOMATICALLY SEALED PURSUANT TO SECTION~~
818		-	13-3-117, 24-72-704, OR
819		-	24-72-705.
	849	+	HE DEFENDANT IS INDIGENT; OR17
	850	+	(II) T
	851	+	HE DEFENDANT'S RECORDS SHOULD HAVE BEEN18
	852	+	AUTOMATICALLY SEALED PURSUANT TO SECTION 13-3-117, 24-72-704, OR19
	853	+	24-72-705.20
820	854		(i) T
821	855		HE COURT SHALL DETERMINE ELIGIBILITY OF A DRUG OFFENSE
822		-	COMMITTED BEFORE
823		-	OCTOBER 1, 2013, BY THE CLASSIFICATION OF THE
824		-	OFFENSE AT THE TIME OF CONSIDERING THE RECORD SEALING
825		-	.
826		-	(2) (c) This section does not apply to records that are subject to the
827		-	procedure set forth in section 18-13-122 (13).
828		-	SECTION 14. In Colorado Revised Statutes, 24-72-707, amend
829		-	(3)(b); and add (1.5) as follows:
830		-	24-72-707. Sealing of criminal conviction records information
831		-	for offenses committed by victims of human trafficking. (1.5) A
832		-	PERSON
833		-	CHARGED WITH OR CONVICTED OF PROSTITUTION
834		-	, AS DESCRIBED IN SECTION
835		-	18-7-201, OR ANY CORRESPONDING MUNICIPAL CODE OR ORDINANCE , WHICH
836		-	OFFENSE WAS COMMITTED AS A DIRECT RESULT OF BEING A VICTIM OF
837		-	PAGE 19-SENATE BILL 22-099 HUMAN TRAFFICKING, AS DEFINED IN SECTION 18-7-201.3 (4) , MAY FILE A
838		-	MOTION WITH THE COURT FOR A SEALING OF THE PERSON
839		-	'S RECORDS.
840		-	(3) The court shall order the records sealed after:
841		-	(b) The defendant establishes by a preponderance of the evidence
	856	+	21
	857	+	COMMITTED BEFORE OCTOBER 1, 2013, BY THE CLASSIFICATION OF THE22
	858	+	OFFENSE AT THE TIME OF CONSIDERING THE RECORD SEALING .23
	859	+	(2) (c) This section does not apply to records that are subject to24
	860	+	the procedure set forth in section 18-13-122 (13).25
	861	+	SECTION 14. In Colorado Revised Statutes, 24-72-707, amend26
	862	+	(3)(b); and add (1.5) as follows:27
	863	+	099
	864	+	-25- 24-72-707. Sealing of criminal conviction records information1
	865	+	for offenses committed by victims of human trafficking. (1.5) A2
	866	+	PERSON CHARGED WITH OR CONVICTED OF PROSTITUTION , AS DESCRIBED3
	867	+	IN SECTION 18-7-201, OR ANY CORRESPONDING MUNICIPAL CODE OR4
	868	+	ORDINANCE, WHICH OFFENSE WAS COMMITTED AS A DIRECT RESULT OF5
	869	+	BEING A VICTIM OF HUMAN TRAFFICKING , AS DEFINED IN SECTION6
	870	+	18-7-201.3
	871	+	(4) , MAY FILE A MOTION WITH THE COURT FOR A SEALING OF7
	872	+	THE PERSON'S RECORDS.8
	873	+	(3) The court shall order the records sealed after:9
	874	+	(b) The defendant establishes by a preponderance of the evidence10
842	875		that, at the time he or she
843		-	THE DEFENDANT committed the offense, he or she
844		-	THE DEFENDANT had been trafficked by another person, as described in
845		-	section 18-3-503 or 18-3-504, for the purpose of performing the offense.
846		-	O
847		-	FFICIAL DOCUMENTATION FROM A FEDERAL , STATE, LOCAL, OR TRIBAL
848		-	GOVERNMENT AGENCY INDICATING THAT THE DEFENDANT WAS A VICTIM OF
849		-	HUMAN TRAFFICKING AT THE TIME OF THE OFFENSE CREATES A PRESUMPTION
850		-	THAT THE DEFENDANT
851		-	'S PARTICIPATION IN THE OFFENSE WAS THE DIRECT
852		-	RESULT OF BEING A VICTIM OF HUMAN TRAFFICKING
853		-	.
854		-	SECTION 15. In Colorado Revised Statutes, repeal and reenact,
855		-	with amendments, 24-72-708 as follows:
856		-	24-72-708. Sealing of criminal conviction records information
857		-	for municipal offenses for convictions. (1) Sealing of conviction
	876	+	THE DEFENDANT committed the offense, he or11
	877	+	she THE DEFENDANT had been trafficked by another person, as described12
	878	+	in section 18-3-503 or 18-3-504, for the purpose of performing the13
	879	+	offense. O
	880	+	FFICIAL DOCUMENTATION FROM A FEDERAL , STATE, LOCAL, OR14
	881	+	TRIBAL GOVERNMENT AGENCY INDICATING THAT THE DEFENDANT WAS A15
	882	+	VICTIM OF HUMAN TRAFFICKING AT THE TIME OF THE OFFENSE CREATES A16
	883	+	PRESUMPTION THAT THE DEFENDANT 'S PARTICIPATION IN THE OFFENSE17
	884	+	WAS THE DIRECT RESULT OF BEING A VICTIM OF HUMAN TRAFFICKING .18
	885	+
	886	+	SECTION 15. In Colorado Revised Statutes, repeal19
	887	+	and reenact, with amendments, 24-72-708 as follows:20
	888	+	24-72-708. Sealing of criminal conviction records information21
	889	+	for municipal offenses for convictions. (1) Sealing of conviction22
858	890		records. A
859		-	DEFENDANT MAY FILE A MOTION IN THE CRIMINAL CASE IN WHICH
860		-	ANY CONVICTION RECORDS PERTAINING TO THE DEFE NDANT FOR A
861		-	MUNICIPAL VIOLATION ARE LOCATED FOR THE SEALING OF THE CONVICTION
862		-	RECORDS WITHIN THE TIME FRAMES DESCRIBED IN SUBSECTION
863		-	(3)(a) OF THIS
864		-	SECTION
865		-	, EXCEPT BASIC IDENTIFICATION INFORMATION , IF:
	891	+	DEFENDANT MAY FILE A MOTION IN THE CRIMINAL CASE IN
	892	+	23
	893	+	WHICH ANY CONVICTION RECORDS PERTAINING TO THE DEFENDANT FOR A24
	894	+	MUNICIPAL VIOLATION ARE LOCATED FOR THE SEALING OF THE25
	895	+	CONVICTION RECORDS WITHIN THE TIME FRAMES DESCRIBED IN26
	896	+	SUBSECTION (3)(a) OF THIS SECTION, EXCEPT BASIC IDENTIFICATION27
	897	+	099
	898	+	-26- INFORMATION, IF:1
866	899		(a) T
867	900		HE DEFENDANT HAS NOT BEEN CHARGED WITH OR CONVICTED
868		-	OF A FELONY
869		-	, MISDEMEANOR, OR MISDEMEANOR TRAFFIC OFFENSE SINCE THE
870		-	DATE OF THE FINAL DISPOSITION OF ALL CRIMINAL PROCEEDINGS AGAINST
871		-	THE DEFENDANT OR THE DATE OF THE DEFENDANT
872		-	'S RELEASE FROM
873		-	SUPERVISION
874		-	, WHICHEVER IS LATER; AND
875		-	(b) THE CONVICTION RECORDS SOUGHT TO BE SEALED ARE NOT FOR
876		-	A MISDEMEANOR TRAFFIC OFFENSE COMMITTED EITHER BY A HOLDER OF A
877		-	COMMERCIAL LEARNER
878		-	'S PERMIT OR A COMMERCIAL DRIVER 'S LICENSE, AS
879		-	DEFINED IN SECTION
880		-	42-2-402, OR BY THE OPERATOR OF A COMMERCIAL
881		-	MOTOR VEHICLE
882		-	, AS DEFINED IN SECTION 42-2-402.
883		-	(2) Sealing of conviction records with a single subsequent
	901	+	2
	902	+	OF A FELONY, MISDEMEANOR, OR MISDEMEANOR TRAFFIC OFFENSE SINCE3
	903	+	THE DATE OF THE FINAL DISPOSITION OF ALL CRIMINAL PROCEEDINGS4
	904	+	AGAINST THE DEFENDANT OR THE DATE OF THE DEFENDANT 'S RELEASE5
	905	+	FROM SUPERVISION, WHICHEVER IS LATER; AND6
	906	+	(b) T
	907	+	HE CONVICTION RECORDS SOUGHT TO BE SEALED ARE NOT FOR
	908	+	7
	909	+	A MISDEMEANOR TRAFFIC OFFENSE COMMITTED EITHER BY A HOLDER OF8
	910	+	A COMMERCIAL LEARNER'S PERMIT OR A COMMERCIAL DRIVER'S LICENSE,9
	911	+	AS DEFINED IN SECTION 42-2-402, OR BY THE OPERATOR OF A COMMERCIAL10
	912	+	MOTOR VEHICLE, AS DEFINED IN SECTION 42-2-402.11
	913	+	(2) Sealing of conviction records with a single subsequent12
884	914		offense. N
885		-	OTWITHSTANDING THE PROVISIONS OF SUBSECTION (1)(a) OF THIS
886		-	PAGE 20-SENATE BILL 22-099 SECTION, A DEFENDANT MAY FILE A MOTION IN THE CRIMINAL CASE IN WHICH
887		-	ANY CONVICTION RECORDS PERTAINING TO THE DEFENDANT FOR A
888		-	MUNICIPAL VIOLATION OR PETTY OFFENSE ARE LOCATED FOR THE SEALING
889		-	OF THE CONVICTION RECORDS WITHIN THE TIME FRAMES DESCRIBED IN
890		-	SUBSECTION
891		-	(3)(b) OF THIS SECTION, EXCEPT BASIC IDENTIFICATION
892		-	INFORMATION
893		-	, IF:
	915	+	OTWITHSTANDING THE PROVISIONS OF SUBSECTION (1)(a) OF
	916	+	13
	917	+	THIS SECTION, A DEFENDANT MAY FILE A MOTION IN THE CRIMINAL CASE14
	918	+	IN WHICH ANY CONVICTION RECORDS PERTAINING TO THE DEFENDANT FOR15
	919	+	A MUNICIPAL VIOLATION OR PETTY OFFENSE ARE LOCATED FOR THE16
	920	+	SEALING OF THE CONVICTION RECORDS WITHIN THE TIME FRAMES17
	921	+	DESCRIBED IN SUBSECTION (3)(b) OF THIS SECTION, EXCEPT BASIC18
	922	+	IDENTIFICATION INFORMATION, IF:19
894	923		(a) T
895	924		HE DEFENDANT WAS CONVICTED OF A SINGLE OFFENSE THAT
896		-	~~WAS NOT A FELONY AND DID NOT INVOLVE DOMESTIC VIOLENCE AS DEFINED~~
897		-	~~IN SECTION~~
898		-	18-6-800.3 (1), UNLAWFUL SEXUAL BEHAVIOR ~~AS DEFINED IN~~
899		-	SECTION
900		-	~~16-22-102 (9), OR CHILD ABUSE AS DEFINED IN~~ SECTION 18-6-401;
	925	+	20
	926	+	WAS NOT A FELONY AND DID NOT INVOLVE DOMESTIC VIOLENCE AS21
	927	+	DEFINED IN SECTION 18-6-800.3 (1), UNLAWFUL SEXUAL BEHAVIOR AS22
	928	+	DEFINED IN SECTION 16-22-102 (9), OR CHILD ABUSE AS DEFINED IN23
	929	+	SECTION 18-6-401;24
901	930		(b) T
902	931		HE DEFENDANT HAS NOT BEEN CONVICTED OF A FELONY ,
903		-	MISDEMEANOR, OR MISDEMEANOR TRAFFIC OFFENSE SINCE THE DATE OF THE
904		-	FINAL DISPOSITION OF ALL CRIMINAL PROCEEDINGS AGAINST THE DEFENDANT
905		-	FOR THE SUBSEQUENT CRIMINAL CASE OR SINCE THE DATE OF THE
906		-	DEFENDANT
907		-	'S RELEASE FROM SUPERVISION FOR THE SUBSEQUENT CASE ,
908		-	WHICHEVER IS LATER; AND
909		-	(c) THE CONVICTION SOUGHT TO BE SEALED IS NOT A MUNICIPAL
910		-	ASSAULT OR BATTERY OFFENSE IN WHICH THE UNDERLYING FACTUAL BASIS
911		-	INVOLVES DOMESTIC VIOLENCE
912		-	, AS DEFINED IN SECTION 18-6-800.3 (1), OR
913		-	ANY OTHER MUNICIPAL VIOLATION IN WHICH THE UNDERLYING FACTUAL
914		-	BASIS INVOLVES DOMESTIC VIOLENCE
915		-	, AS DEFINED IN SECTION 18-6-800.3
	932	+	25
	933	+	MISDEMEANOR, OR MISDEMEANOR TRAFFIC OFFENSE SINCE THE DATE OF26
	934	+	THE FINAL DISPOSITION OF ALL CRIMINAL PROCEEDINGS AGAINST THE27
	935	+	099
	936	+	-27- DEFENDANT FOR THE SUBSEQUENT CRIMINAL CASE OR SINCE THE DATE OF1
	937	+	THE DEFENDANT'S RELEASE FROM SUPERVISION FOR THE SUBSEQUENT2
	938	+	CASE, WHICHEVER IS LATER; AND3
	939	+	(c) T
	940	+	HE CONVICTION SOUGHT TO BE SEALED IS NOT A MUNICIPAL
	941	+	4
	942	+	ASSAULT OR BATTERY OFFENSE IN WHICH THE UNDERLYING FACTUAL5
	943	+	BASIS INVOLVES DOMESTIC VIOLENCE, AS DEFINED IN SECTION 18-6-800.36
	944	+	(1),
	945	+	OR ANY OTHER MUNICIPAL VIOLATION IN WHICH THE UNDERLYING
	946	+	7
	947	+	FACTUAL BASIS INVOLVES DOMESTIC VIOLENCE , AS DEFINED IN SECTION8
	948	+	18-6-800.3
916	949		(1).
	950	+	9
917	951		(3) Timing for filing motions. (a) A
918	952		MOTION FILED PURSUANT TO
919		-	SUBSECTION
920		-	(1) OF THIS SECTION MAY BE FILED THREE YEARS AFTER THE
921		-	LATER OF THE DATE OF THE FINAL DISPOSITION OF ALL CRIMINAL
922		-	PROCEEDINGS AGAINST THE DEFENDANT OR THE RELEASE OF THE
923		-	DEFENDANT FROM SUPERVISION CONCERNING A CRIMINAL CONVICTION
924		-	.
	953	+	10
	954	+	SUBSECTION (1) OF THIS SECTION MAY BE FILED THREE YEARS AFTER THE11
	955	+	LATER OF THE DATE OF THE FINAL DISPOSITION OF ALL CRIMINAL12
	956	+	PROCEEDINGS AGAINST THE DEFENDANT OR THE RELEASE OF THE13
	957	+	DEFENDANT FROM SUPERVISION CONCERNING A CRIMINAL CONVICTION .14
925	958		(b) A
926		-	MOTION FILED PURSUANT TO SUBSECTION (2) OF THIS SECTION
927		-	MAY BE FILED TEN YEARS AFTER THE DATE OF THE FINAL DISPOSITION OF ALL
928		-	CRIMINAL PROCEEDINGS AGAINST THE DEFENDANT FOR THE SUBSEQUENT
929		-	CRIMINAL CASE OR TEN YEARS AFTER THE DATE OF THE DEFENDANT
930		-	'S
931		-	RELEASE FROM SUPERVISION FOR THE SUBSEQUENT CRIMINAL CASE
932		-	,
933		-	WHICHEVER IS LATER.
	959	+	MOTION FILED PURSUANT TO SUBSECTION (2) OF THIS
	960	+	15
	961	+	SECTION MAY BE FILED TEN YEARS AFTER THE DATE OF THE FINAL16
	962	+	DISPOSITION OF ALL CRIMINAL PROCEEDINGS AGAINST THE DEFENDANT17
	963	+	FOR THE SUBSEQUENT CRIMINAL CASE OR TEN YEARS AFTER THE DATE OF18
	964	+	THE DEFENDANT'S RELEASE FROM SUPERVISION FOR THE SUBSEQUENT19
	965	+	CRIMINAL CASE, WHICHEVER IS LATER.20
934	966		(4) U
935	967		PON FILING THE MOTION, THE DEFENDANT SHALL PAY THE
936		-	PAGE 21-SENATE BILL 22-099 FILING FEE REQUIRED BY LAW.
	968	+	21
	969	+	FILING FEE REQUIRED BY LAW.22
937	970		(5) (a) U
938	971		PON THE FILING OF A MOTION, THE COURT SHALL REVIEW
939		-	THE MOTION AND DETERMINE WHETHER THERE ARE GROUNDS PURSUANT TO
940		-	THIS SECTION TO PROCEED TO A HEARING ON THE PETITION
941		-	. IF THE COURT
942		-	DETERMINES THAT THE MOTION ON ITS FACE IS INSUFFICIENT OR IF THE
943		-	COURT DETERMINES THAT
944		-	, AFTER TAKING JUDICIAL NOTICE OF MATTERS
945		-	OUTSIDE THE MOTION
946		-	, THE DEFENDANT IS NOT ENTITLED TO RELIEF
947		-	PURSUANT TO THIS SECTION
948		-	, THE COURT SHALL ENTER AN ORDER DENYING
949		-	THE MOTION AND MAIL A COPY OF THE ORDER TO THE DEFENDANT
950		-	. THE
951		-	COURT
952		-	'S ORDER SHALL SPECIFY THE REASONS FOR THE DENIAL OF THE
953		-	MOTION
954		-	.
	972	+	23
	973	+	THE MOTION AND DETERMINE WHETHER THERE ARE GROUNDS PURSUANT24
	974	+	TO THIS SECTION TO PROCEED TO A HEARING ON THE PETITION . IF THE25
	975	+	COURT DETERMINES THAT THE MOTION ON ITS FACE IS INSUFFICIENT OR IF26
	976	+	THE COURT DETERMINES THAT , AFTER TAKING JUDICIAL NOTICE OF27
	977	+	099
	978	+	-28- MATTERS OUTSIDE THE MOTION , THE DEFENDANT IS NOT ENTITLED TO1
	979	+	RELIEF PURSUANT TO THIS SECTION, THE COURT SHALL ENTER AN ORDER2
	980	+	DENYING THE MOTION AND MAIL A COPY OF THE ORDER TO THE3
	981	+	DEFENDANT. THE COURT'S ORDER SHALL SPECIFY THE REASONS FOR THE4
	982	+	DENIAL OF THE MOTION.5
955	983		(b) I
956		-	F THE COURT DETERMINES THAT THE PETITION IS SUFFICIENT ON
957		-	ITS FACE AND THAT NO OTHER GROUNDS EXIST AT THAT TIME FOR THE COURT
958		-	TO DENY THE PETITION PURSUANT TO THIS SECTION
959		-	, THE COURT SHALL
960		-	GRANT THE MOTION UNLESS THE PROSECUTION FILES AN OBJECTION
961		-	. IF THE
962		-	PROSECUTION FILES A WRITTEN OBJECTION
963		-	, THE COURT SHALL SET A DATE
964		-	WITHIN FORTY
965		-	-TWO DAYS AFTER THE FILING OF THE MOTION FOR A HEARING
966		-	AND THE COURT SHALL NOTIFY THE PROSECUTION
967		-	, THE MUNICIPAL POLICE
968		-	DEPARTMENT OR LOCAL LAW ENFORCEMENT AGENCY
969		-	, AND ANY OTHER
970		-	PERSON OR AGENCY IDENTIFIED BY THE DEFENDANT
971		-	.
	984	+	F THE COURT DETERMINES THAT THE PETITION IS SUFFICIENT
	985	+	6
	986	+	ON ITS FACE AND THAT NO OTHER GROUNDS EXIST AT THAT TIME FOR THE7
	987	+	COURT TO DENY THE PETITION PURSUANT TO THIS SECTION , THE COURT8
	988	+	SHALL GRANT THE MOTION UNLESS THE PROSECUTION FILES AN OBJECTION .9
	989	+	I
	990	+	F THE PROSECUTION FILES A WRITTEN OBJECTION, THE COURT SHALL SET
	991	+	10
	992	+	A DATE WITHIN FORTY-TWO DAYS AFTER THE FILING OF THE MOTION FOR11
	993	+	A HEARING AND THE COURT SHALL NOTIFY THE PROSECUTION , THE12
	994	+	MUNICIPAL POLICE DEPARTMENT OR LOCAL LAW ENFORCEMENT AGENCY ,13
	995	+	AND ANY OTHER PERSON OR AGENCY IDENTIFIED BY THE DEFENDANT .14
972	996		(c) A
973	997		FTER THE HEARING DESCRIBED IN SUBSECTION (5)(b) OF THIS
974		-	SECTION IS CONDUCTED AND IF THE COURT FINDS THAT THE HARM TO THE
975		-	PRIVACY OF THE DEFENDANT OR THE DANGERS OF UNWARRANTED
976		-	, ADVERSE
977		-	CONSEQUENCES TO THE DEFENDANT OUTWEIGH THE PUBLIC INTEREST IN
978		-	RETAINING PUBLIC ACCESS TO THE CONVICTION RECORDS
979		-	, THE COURT MAY
980		-	ORDER THE CONVICTION RECORDS
981		-	, EXCEPT BASIC IDENTIFICATION
982		-	INFORMATION
983		-	, TO BE SEALED. IN MAKING THIS DETERMINATION, THE COURT
984		-	SHALL CONSIDER THE FACTORS IN SECTION
985		-	24-72-706 (1)(g).
	998	+	15
	999	+	SECTION IS CONDUCTED AND IF THE COURT FINDS THAT THE HARM TO THE16
	1000	+	PRIVACY OF THE DEFENDANT OR THE DANGERS OF UNWARRANTED ,17
	1001	+	ADVERSE CONSEQUENCES TO THE DEFENDANT OUTWEIGH THE PUBLIC18
	1002	+	INTEREST IN RETAINING PUBLIC ACCESS TO THE CONVICTION RECORDS , THE19
	1003	+	COURT MAY ORDER THE CONVICTION RECORDS , EXCEPT BASIC20
	1004	+	IDENTIFICATION INFORMATION , TO BE SEALED . IN MAKING THIS21
	1005	+	DETERMINATION, THE COURT SHALL CONSIDER THE FACTORS IN SECTION22
	1006	+	24-72-706 (1)(g).23
986	1007		(d) P
987		-	URSUANT TO SECTION 24-72-703 (12)(b), THE COURT SHALL ~~NOT~~
988		-	~~FACTOR IN OR TAKE INTO CONSIDERATION ANY UNPAID FINES~~
989		-	, ~~COURT COSTS,~~
990		-	LATE FEES, OR OTHER FEES ORDERED BY THE COURT IN THE ~~CASE THAT IS THE~~
991		-	SUBJECT OF THE MOTION TO SEAL WHEN THE COURT ~~IS DETERMINING~~
992		-	~~WHETHER THE RECORD SHOULD BE SEALED~~
993		-	. ~~CONVICTION RECORDS MAY NOT~~
994		-	BE SEALED IF THE DEFENDANT STILL ~~OWES RESTITUTION UNLESS THE COURT~~
995		-	THAT ENTERED THE ORDER ~~FOR RESTITUTION VACATED THE ORDER~~
996		-	.
997		-	~~PAGE 22-SENATE BILL 22-099~~ SECTION 16. In Colorado Revised Statutes, 24-72-709, ~~amend~~
998		-	(2)(a) and (4)(b) as follows:
999		-	24-72-709. Sealing of criminal conviction records ~~information~~
1000		-	for multiple conviction records. (2) (a) If the offense or highest ~~offense~~
	1008	+	URSUANT TO SECTION 24-72-703 (12)(b), THE COURT SHALL
	1009	+	24
	1010	+	NOT FACTOR IN OR TAKE INTO CONSIDERATION ANY UNPAID FINES , COURT25
	1011	+	COSTS, LATE FEES, OR OTHER FEES ORDERED BY THE COURT IN THE CASE26
	1012	+	THAT IS THE SUBJECT OF THE MOTION TO SEAL WHEN THE COURT IS27
	1013	+	099
	1014	+	-29- DETERMINING WHETHER THE RECORD SHOULD BE SEALED . CONVICTION1
	1015	+	RECORDS MAY NOT BE SEALED IF THE DEFENDANT STILL OWES2
	1016	+	RESTITUTION UNLESS THE COURT THAT ENTERED THE ORDER FOR3
	1017	+	RESTITUTION VACATED THE ORDER .4
	1018	+	SECTION 16. In Colorado Revised Statutes, 24-72-709, amend5
	1019	+	(2)(a) and (4)(b) as follows:6
	1020	+	24-72-709. Sealing of criminal conviction records information7
	1021	+	for multiple conviction records. (2) (a) If the offense or highest offense8
1001	1022		of the multiple offenses is an
1002	1023		ELIGIBLE CIVIL INFRACTION AND NOT AN
1003		-	OFFENSE OR CIVIL INFRACTION LISTED IN SUBSECTION
1004		-	(5)(a) OF THIS
1005		-	SECTION
1006		-	, eligible petty offense, or eligible petty drug offense, the petition
1007		-	may be filed two years after the later of the date of the final disposition of
1008		-	all criminal
1009		-	proceedings against the defendant or the release of the
1010		-	defendant from supervision concerning the conviction, or the latest in time
1011		-	criminal
1012		-	conviction of the multiple convictions.
1013		-	(4) (b) Conviction records may not be sealed if the defendant still
1014		-	owes restitution, fines, court costs, late fees, or other fees ordered by the
1015		-	court in the case that is the subject of the petition to seal conviction records,
1016		-	unless the court that entered the order for restitution fines, court costs, late
1017		-	fees, or other fees has vacated the order.
1018		-	SECTION 17. Appropriation. (1) For the 2022-23 state fiscal
1019		-	year, $725,145 is appropriated to the judicial department. This appropriation
1020		-	is from the general fund. To implement this act, the department may use this
1021		-	appropriation as follows:
1022		-	(a) $58,632 for general courts administration, which amount is
1023		-	based on an assumption that the department will require an additional 0.8
1024		-	FTE;
1025		-	(b) $6,520 for capital outlay; and
1026		-	(c) $659,993 for information technology infrastructure.
1027		-	SECTION 18. Act subject to petition - effective date. This act
1028		-	takes effect at 12:01 a.m. on the day following the expiration of the
1029		-	ninety-day period after final adjournment of the general assembly; except
1030		-	that, if a referendum petition is filed pursuant to section 1 (3) of article V
1031		-	of the state constitution against this act or an item, section, or part of this act
1032		-	within such period, then the act, item, section, or part will not take effect
1033		-	unless approved by the people at the general election to be held in
1034		-	PAGE 23-SENATE BILL 22-099 November 2022 and, in such case, will take effect on the date of the official
1035		-	declaration of the vote thereon by the governor.
1036		-	____________________________ ____________________________
1037		-	Steve Fenberg Alec Garnett
1038		-	PRESIDENT OF SPEAKER OF THE HOUSE
1039		-	THE SENATE OF REPRESENTATIVES
1040		-	____________________________ ____________________________
1041		-	Cindi L. Markwell Robin Jones
1042		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
1043		-	THE SENATE OF REPRESENTATIVES
1044		-	APPROVED________________________________________
1045		-	(Date and Time)
1046		-	_________________________________________
1047		-	Jared S. Polis
1048		-	GOVERNOR OF THE STATE OF COLORADO
1049		-	PAGE 24-SENATE BILL 22-099
	1024	+	9
	1025	+	OFFENSE OR CIVIL INFRACTION LISTED IN SUBSECTION (5)(a) OF THIS10
	1026	+	SECTION, eligible petty offense, or eligible petty drug offense, the petition11
	1027	+	may be filed two years after the later of the date of the final disposition12
	1028	+	of all criminal proceedings against the defendant or the release of the13
	1029	+	defendant from supervision concerning the conviction, or the latest in14
	1030	+	time criminal conviction of the multiple convictions.15
	1031	+	(4) (b) Conviction records may not be sealed if the defendant still16
	1032	+	owes restitution, fines, court costs, late fees, or other fees ordered by the17
	1033	+	court in the case that is the subject of the petition to seal conviction18
	1034	+	records, unless the court that entered the order for restitution fines, court19
	1035	+	costs, late fees, or other fees has vacated the order.20
	1036	+	SECTION 17. Appropriation. (1) For the 2022-23 state fiscal21
	1037	+	year, $725,145 is appropriated to the judicial department. This22
	1038	+	appropriation is from the general fund. To implement this act, the23
	1039	+	department may use this appropriation as follows:24
	1040	+	(a) $58,632 for general courts administration, which amount is25
	1041	+	based on an assumption that the department will require an additional 0.826
	1042	+	FTE;27
	1043	+	099
	1044	+	-30- (b) $6,520 for capital outlay; and1
	1045	+	(c) $659,993 for information technology infrastructure.2
	1046	+	SECTION 18. Act subject to petition - effective date. This act3
	1047	+	takes effect at 12:01 a.m. on the day following the expiration of the4
	1048	+	ninety-day period after final adjournment of the general assembly; except5
	1049	+	that, if a referendum petition is filed pursuant to section 1 (3) of article V6
	1050	+	of the state constitution against this act or an item, section, or part of this7
	1051	+	act within such period, then the act, item, section, or part will not take8
	1052	+	effect unless approved by the people at the general election to be held in9
	1053	+	November 2022 and, in such case, will take effect on the date of the10
	1054	+	official declaration of the vote thereon by the governor.11
	1055	+	099
	1056	+	-31-