SENATE BILL 22-133
BY SENATOR(S) Winter and Priola, Buckner, Gonzales, Hansen,
Jaquez Lewis, Pettersen, Fenberg;
also REPRESENTATIVE(S) Esgar and Woodrow, Bacon, Bernett,
Boesenecker, Caraveo, Cutter, Duran, Exum, Froelich, Gonzales-Gutierrez,
Gray, Herod, Kipp, Lindsay, Lontine, Michaelson Jenet, Ricks, Sirota,
Tipper, Titone, Weissman.
C
ONCERNING THE PROVISION OF SECURITY BY THE COLORADO STATE
PATROL FOR CERTAIN ELECTED OFFICIALS
, AND, IN CONNECTION
THEREWITH
, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 24-33.5-216.5, amend
(1) and (3); and add (4) and (5) as follows:
24-33.5-216.5. Patrol services furnished to the general assembly
- definition. (1) The Colorado state patrol shall provide protection for the
members of the general assembly when they are present in the state capitol
buildings group and shall respond to all complaints relating to criminal
activity
AGAINST or security threats against
OR RISKS TO a member of the
general assembly. For purposes of AS USED IN this subsection (1), "state
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. capitol buildings group" shall have HAS the same meaning as set forth in
section 24-82-105 (1)(a).
(3) (a) In addition to the requirements of subsections (1) and (2) of
this section, the C
OLORADO state patrol may render other protection and
security services as may be requested by the president of the senate, the
minority leader of the senate, the speaker of the house of representatives, or
the minority leader of the house of representatives
ON BEHALF OF ANY
MEMBER OF THE GENERAL ASSEMBLY
.
(b) The C
OLORADO state patrol may provide protection and security
services as described in paragraph (a) of this subsection (3)
SUBSECTION
(3)(a) OF THIS SECTION for any function held in Colorado at which a
member of the general assembly is in attendance in an official capacity with
appropriate coordination with local law enforcement. Factors to be
considered when determining the need for providing these services include,
but are not limited to, the location of the function, the estimated level of
threat
OR RISK associated with the function, and staffing requirements.
(c) I
N ADDITION TO THE PROTECTION AND SECURITY SERVICES
PROVIDED PURSUANT TO SUBSECTIONS
(3)(a) AND (3)(b) OF THIS SECTION,
THE COLORADO STATE PATROL MAY PROVIDE OTHER PROTECTION AND
SECURITY SERVICES TO A MEMBER OF THE GENERAL ASSEMBLY AS
REQUESTED BY THE EXECUTIVE COMMITTEE OF THE LEGISLATIVE COUNCIL
AND AS DEEMED NECESSARY BY THE CHIEF OF THE
COLORADO STATE
PATROL
.
(4) T
HE EXECUTIVE COMMITTEE OF THE LEGISLATIVE COUNCIL SHALL
ESTABLISH A PROCESS BY WHICH A MEMBER OF THE GENERAL ASSEMBLY
MAY REQUEST PROTECTION FROM THE
COLORADO STATE PATROL PURSUANT
TO SUBSECTION
(3) OF THIS SECTION.
(5) T
HE COLORADO STATE PATROL SHALL ENSURE THAT MEMBERS
OF THE GENERAL ASSEMBLY ARE AWARE OF THE PROTECTION AND SECURITY
SERVICES THAT MAY BE REQUESTED FROM THE
COLORADO STATE PATROL
PURSUANT TO THIS SECTION
.
SECTION 2. In Colorado Revised Statutes, add 24-33.5-216.7 as
follows:
PAGE 2-SENATE BILL 22-133 24-33.5-216.7. Patrol services furnished to statewide
constitutional officers - definition. (1) A
S USED IN THIS SECTION, UNLESS
THE CONTEXT OTHERWISE REQUIRES
, "STATEWIDE CONSTITUTIONAL
OFFICER
" MEANS THE SECRETARY OF STATE, THE ATTORNEY GENERAL, AND
THE STATE TREASURER
.
(2) T
HE COLORADO STATE PATROL SHALL PROVIDE PROTECTION TO
EACH STATEWIDE CONSTITUTIONAL OFFICER IF SUCH PROTECTION IS
REQUESTED BY THE STATEWIDE CONSTITUTIONAL OFFICER
.
(3) T
HE COLORADO STATE PATROL SHALL DESIGNATE STATE PATROL
OFFICERS TO BE AVAILABLE TO PROVIDE PROTECTION SERVICES PURSUANT
TO SUBSECTION
(2) OF THIS SECTION. THE CHIEF OF THE COLORADO STATE
PATROL SHALL DETERMINE THE PRIORITY IN ASSIGNING STATE PATROL
OFFICERS AMONG EACH STATEWIDE CONSTITUTIONAL OFFICER
. FACTORS TO
BE CONSIDERED WHEN DETERMINI NG THE NEED AND PRIORITY FOR
PROVIDING PROTECTION SERVICES INCLUDE
, BUT ARE NOT LIMITED TO, THE
LOCATION OF THE FUNCTION
, THE ESTIMATED LEVEL OF THREAT OR RISK
ASSOCIATED WITH THE FUNCTION
, AND STAFFING REQUIREMENTS. IF EACH
STATEWIDE CONSTITUTIONAL OFFICER REQUESTS PROTECTION SERVICES IN
EXCESS OF EIGHTY PERSONNEL HOURS A WEEK FOR EACH INDIVIDUAL
,
PRIORITY WILL BE GIVEN FIRST TO PROTECT AGAINST CREDIBLE THREATS ,
THEN AT A FUNCTION AT WHICH THE STATEWIDE CONSTITUTIONAL OFFICER
IS IN ATTENDANCE IN AN OFFICIAL CAPACITY
, AND FINALLY AGAINST
GENERALIZED THREATS
.
(4) N
OTHING IN THIS SECTION IS INTENDED TO PROVIDE
AROUND
-THE-CLOCK PROTECTION FOR A STATEWIDE CONSTITUTIONAL
OFFICER UNLESS THERE IS A CREDIBLE THREAT AS DETERMINED IN THE
DISCRETION OF THE CHIEF OF THE
COLORADO STATE PATROL.
(5) N
OTHING IN THIS SECTION PROHIBITS A STATEWIDE
CONSTITUTIONAL OFFICER FROM OBTAINING ADDITIONAL PROTECTION
,
WHICH MUST BE DONE IN COORDINATION WITH THE COLORADO STATE
PATROL
.
SECTION 3. Appropriation. (1) For the 2022-23 state fiscal year,
$1,115,090 is appropriated to the department of public safety. This
appropriation is from the general fund. To implement this act, the
department may use this appropriation as follows:
PAGE 3-SENATE BILL 22-133 (a) $73,752 for use by the executive director's office for vehicle
lease payments;
(b) $887,043 for use by the Colorado state patrol for the executive
and capitol complex security program, which amount is based on an
assumption that the division will require an additional 6.4 FTE;
(c) $54,295 for use by the office of prevention and security for
personal services, which amount is based on an assumption that the office
will require an additional 0.9 FTE; and
(d) $100,000 for the office of prevention and security for operating
expenses.
(2) For the 2022-23 state fiscal year, $73,752 is appropriated to the
department of personnel. This appropriation is from reappropriated funds
received from the department of public safety under subsection (1)(a) of this
section. To implement this act, the department of personnel may use this
appropriation to provide vehicles to the department of public safety.
SECTION 4. Safety clause. The general assembly hereby finds,
PAGE 4-SENATE BILL 22-133 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Steve Fenberg Alec Garnett
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 5-SENATE BILL 22-133