First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 23-0436.02 Pierce Lively x2059
HOUSE BILL 23-1206
House Committees Senate Committees
Judiciary
Appropriations
A BILL FOR AN ACT
C
ONCERNING INDIVIDUALS EMPLOYED BY GOVERNMENT IN THE FIELD101
OF LAW ENFORCEMENT , AND, IN CONNECTION THEREWITH ,102
PROHIBITING CERTAIN POLITI CAL ACTIVITIES BY COUNTY103
SHERIFF'S OFFICE EMPLOYEES.104
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill requires a county sheriff in a county with a population of
25,000 or more to possess a bachelor's degree or higher in criminal justice
or a related field.
HOUSE
3rd Reading Unamended
March 24, 2023
HOUSE
Amended 2nd Reading
March 23, 2023
HOUSE SPONSORSHIP
Marshall, Bacon, Brown, deGruy Kennedy, Gonzales-Gutierrez, Herod, Kipp, Lindsay,
Mabrey, McCluskie, Vigil
SENATE SPONSORSHIP
Hinrichsen,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. The bill requires candidates for the offices of county sheriff and
district attorney to petition onto the ballot and prevents those candidates
from being nominated as a candidate for a primary process election.
Relatedly, the bill also prevents a ballot from listing the political
affiliation of candidates for the offices of county sheriff and district
attorney and excludes county sheriffs and district attorneys from party
committees.
Lastly, the bill prohibits county sheriff's office employees from
participating in specified political activities.
Be it enacted by the General Assembly of the State of Colorado:1
2
SECTION 1. In Colorado Revised Statutes, add 30-10-528 as3
follows:4
30-10-528. Limitations on political activities - definition.5
(1) THE GENERAL ASSEMBLY FINDS AND DECLARES THAT :6
(a) LAW ENFORCEMENT MUST BE CONDUCTED IN AN IMPARTIAL7
AND APOLITICAL MANNER;8
(b) EVEN THE APPEARANCE OF PARTISAN ACTIVITY IN THE9
CONDUCT OF LAW ENFORCEMENT UNDERMINES THE TRUST AND10
CONFIDENCE IN LAW ENFORCEMENT NECESSARY FOR LAW ENFORCEMENT11
OFFICERS TO PERFORM THEIR DUTIES;12
(c) THEREFORE, IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT13
THIS SECTION SERVE AS A COLORADO VERSION OF THE "HATCH ACT", 514
U.S.C. SEC. 7321 ET SEQ., AS AMENDED, FOR COUNTY SHERIFFS, WHILE15
THOSE SHERIFFS ARE IN UNIFORM OR USING COUNTY PROPERTY, AND FOR16
COUNTY SHERIFF OFFICERS. JUDICIAL DECISIONS AND INTERPRETATIONS OF17
THE "HATCH ACT", 5 U.S.C. SEC. 7321 ET SEQ., AS AMENDED, SHOULD18
GUIDE THE INTERPRETATION OF THIS SECTION WHEN APPLICABLE .19
(2) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE20
1206-2- REQUIRES, "EMPLOYEE OF THE COUNTY SHERIFF'S OFFICE" MEANS THE1
COUNTY SHERIFF, WHILE THE SHERIFF IS IN UNIFORM OR USING2
GOVERNMENT PROPERTY, AND ANY EMPLOYEE OF THE COUNTY SHERIFF'S3
OFFICE INCLUDING ANY DEPUTY SHERIFFS .4
(3) AN EMPLOYEE OF THE COUNTY SHERIFF 'S OFFICE SHALL NOT:5
(a) P
ARTICIPATE IN ANY POLITICAL CAMPAIGN WHILE ON DUTY ;6
(b) S
OLICIT MONEY ON BEHALF OF ANY POLITICAL CAMPAIGNS ;7
EXCEPT THAT THIS SUBSECTION (2)(b) SHALL NOT PROHIBIT AN EMPLOYEE8
OF THE COUNTY SHERIFF'S OFFICE WHO IS RUNNING FOR AN ELECTED9
OFFICE FROM SOLICITING AND ACCEPTING CAMPAIGN CONTRIBUTIONS FOR10
THE EMPLOYEE'S OWN ELECTION CAMPAIGN IF THE EMPLOYEE IS NOT ON11
DUTY OR IN UNIFORM WHEN SUCH ACTIVITIES OCCUR ;12
(c) U
SE THE EMPLOYEE'S OFFICIAL POSITION TO MAKE ANY PUBLIC13
ENDORSEMENT OF ANY CANDIDATE IN ANY CAMPAIGN FOR ELECTED14
OFFICE; EXCEPT THAT, IF THE EMPLOYEE IS RUNNING FOR AN ELECTED15
OFFICE, THEN THE RESTRICTION IN THIS SUBSECTION (2)(c) DOES NOT16
APPLY TO THE EMPLOYEE'S OWN CAMPAIGN;17
(d) U
SE THE EMPLOYEE'S OFFICIAL POSITION TO REFLECT THE18
EMPLOYEE'S PERSONAL POLITICAL FEELINGS AS THOSE OF THE COUNTY19
SHERIFF'S DEPARTMENT OR USE THE EMPLOYEE 'S OFFICIAL POSITION TO20
EXERT ANY PRESSURE ON ANYONE TO INFLUENCE THAT PERSON 'S21
POLITICAL VIEWS;22
(e) D
ISPLAY ANY POLITICAL ADVERTISING OR PARAPHERNALIA ON23
THE EMPLOYEE'S BODY OR AUTOMOBILE WHILE ON DUTY OR IN UNIFORM ;24
(f) D
ISPLAY CAMPAIGN LITERATURE , BANNERS, PLACARDS,25
STREAMERS, STICKERS, SIGNS, OR OTHER ITEMS OF CAMPAIGN OR26
POLITICAL ADVERTISING ON BEHALF OF ANY PARTY , COMMITTEE, OR27
1206
-3- AGENCY OR CANDIDATE FOR POLITICAL OFFICE ON THE PREMISES OF ANY1
BUILDING OR LAND OWNED BY THE COUNTY OR USE ANY FACILITIES OF THE2
COUNTY, INCLUDING EQUIPMENT AND VEHICLES, FOR THOSE PURPOSES; OR3
(g) USE PUBLIC BUILDINGS, FACILITIES, OR SPACES DEDICATED TO,4
OR UNDER THE EXCLUSIVE CONTROL OF, LAW ENFORCEMENT THAT ARE5
NOT REGULARLY AVAILABLE TO THE GENERAL PUBLIC .6
(4) EXCEPT AS PROVIDED IN SUBSECTION (2)(f) OF THIS SECTION,7
NOTHING IN SUBSECTION (2) OF THIS SECTION PROHIBITS OR PREVENTS ANY8
SUCH EMPLOYEE FROM BECOMING OR CONTINUING TO BE A MEMBER OF A9
POLITICAL CLUB OR ORGANIZATION AND ENJOYING ALL THE RIGHTS AND10
PRIVILEGES OF SUCH MEMBERSHIP OR FROM ATTENDING ANY POLITICAL11
MEETINGS WHILE NOT ON DUTY .12
(5) ANY PERSON WHO VIOLATES SUBSECTION (2) OF THIS SECTION13
IS SUBJECT TO A CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS14
PER VIOLATION AND MAY BE DISMISSED FROM THE SERVICE OF THE15
COUNTY SHERIFF'S OFFICE.16
(6) (a) ANY PERSON MAY FILE AN AFFIDAVIT WITH THE DISTRICT17
ATTORNEY STATING THE NAME OF ANY PERSON WHO HAS VIOLATED THIS18
SECTION AND STATING THE FACTS THAT CONSTITUTE THE ALLEGED19
OFFENSE. UPON THE FILING OF SUCH AN AFFIDAVIT, THE DISTRICT20
ATTORNEY SHALL PROMPTLY INVESTIGATE AND, IF REASONABLE GROUNDS21
FOR FINDING A VIOLATION APPEAR, THE DISTRICT ATTORNEY SHALL22
PROSECUTE THE VIOLATOR.23
(b) THE ATTORNEY GENERAL HAS EQUAL POWER WITH THE24
DISTRICT ATTORNEY TO FILE AND PROSECUTE COMPLAINTS AGAINST ANY25
PERSON FOR VIOLATING THIS SECTION.26
SECTION 2. Act subject to petition - effective date. This act27
1206
-4- takes effect at 12:01 a.m. on the day following the expiration of the1
ninety-day period after final adjournment of the general assembly; except2
that, if a referendum petition is filed pursuant to section 1 (3) of article V3
of the state constitution against this act or an item, section, or part of this4
act within such period, then the act, item, section, or part will not take5
effect unless approved by the people at the general election to be held in6
November 2024 and, in such case, will take effect on the date of the7
official declaration of the vote thereon by the governor.8
1206
-5-