Colorado 2023 Regular Session

Colorado House Bill HB1206 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		First Regular Session
2	2		Seventy-fourth General Assembly
3	3		STATE OF COLORADO
4		-	~~REENGROSSED~~
5		-	This Version Includes All Amendments
6		-	~~Adopted~~ in the House of Introduction
	4	+	ENGROSSED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the House of Introduction
7	7		LLS NO. 23-0436.02 Pierce Lively x2059
8	8		HOUSE BILL 23-1206
9	9		House Committees Senate Committees
10	10		Judiciary
11	11		Appropriations
12	12		A BILL FOR AN ACT
13	13		C
14	14		ONCERNING INDIVIDUALS EMPLOYED BY GOVERNMENT IN THE FIELD101
15	15		OF LAW ENFORCEMENT , AND, IN CONNECTION THEREWITH ,102
16	16		PROHIBITING CERTAIN POLITI CAL ACTIVITIES BY COUNTY103
17	17		SHERIFF'S OFFICE EMPLOYEES.104
18	18		Bill Summary
19	19		(Note: This summary applies to this bill as introduced and does
20	20		not reflect any amendments that may be subsequently adopted. If this bill
21	21		passes third reading in the house of introduction, a bill summary that
22	22		applies to the reengrossed version of this bill will be available at
23	23		http://leg.colorado.gov
24	24		.)
25	25		The bill requires a county sheriff in a county with a population of
26	26		25,000 or more to possess a bachelor's degree or higher in criminal justice
27	27		or a related field.
28	28		HOUSE
29		-	3rd Reading Unamended
30		-	March 24, 2023
31		-	HOUSE
32	29		Amended 2nd Reading
33	30		March 23, 2023
34	31		HOUSE SPONSORSHIP
35		-	Marshall, Bacon, Brown, deGruy Kennedy, Gonzales-Gutierrez, Herod, Kipp, Lindsay,
36		-	Mabrey, McCluskie, Vigil
	32	+	Marshall,
37	33		SENATE SPONSORSHIP
38		-	~~Hinrichsen~~,
	34	+	(None),
39	35		Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
40	36		Capital letters or bold & italic numbers indicate new material to be added to existing law.
41	37		Dashes through the words or numbers indicate deletions from existing law. The bill requires candidates for the offices of county sheriff and
42	38		district attorney to petition onto the ballot and prevents those candidates
43	39		from being nominated as a candidate for a primary process election.
44	40		Relatedly, the bill also prevents a ballot from listing the political
45	41		affiliation of candidates for the offices of county sheriff and district
46	42		attorney and excludes county sheriffs and district attorneys from party
47	43		committees.
48	44		Lastly, the bill prohibits county sheriff's office employees from
49	45		participating in specified political activities.
50	46		Be it enacted by the General Assembly of the State of Colorado:1
51	47		2
52	48		SECTION 1. In Colorado Revised Statutes, add 30-10-528 as3
53	49		follows:4
54	50		30-10-528. Limitations on political activities - definition.5
55	51		(1) THE GENERAL ASSEMBLY FINDS AND DECLARES THAT :6
56	52		(a) LAW ENFORCEMENT MUST BE CONDUCTED IN AN IMPARTIAL7
57	53		AND APOLITICAL MANNER;8
58	54		(b) EVEN THE APPEARANCE OF PARTISAN ACTIVITY IN THE9
59	55		CONDUCT OF LAW ENFORCEMENT UNDERMINES THE TRUST AND10
60	56		CONFIDENCE IN LAW ENFORCEMENT NECESSARY FOR LAW ENFORCEMENT11
61	57		OFFICERS TO PERFORM THEIR DUTIES;12
62	58		(c) THEREFORE, IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT13
63	59		THIS SECTION SERVE AS A COLORADO VERSION OF THE "HATCH ACT", 514
64	60		U.S.C. SEC. 7321 ET SEQ., AS AMENDED, FOR COUNTY SHERIFFS, WHILE15
65	61		THOSE SHERIFFS ARE IN UNIFORM OR USING COUNTY PROPERTY, AND FOR16
66	62		COUNTY SHERIFF OFFICERS. JUDICIAL DECISIONS AND INTERPRETATIONS OF17
67	63		THE "HATCH ACT", 5 U.S.C. SEC. 7321 ET SEQ., AS AMENDED, SHOULD18
68	64		GUIDE THE INTERPRETATION OF THIS SECTION WHEN APPLICABLE .19
69	65		(2) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE20
70	66		1206-2- REQUIRES, "EMPLOYEE OF THE COUNTY SHERIFF'S OFFICE" MEANS THE1
71	67		COUNTY SHERIFF, WHILE THE SHERIFF IS IN UNIFORM OR USING2
72	68		GOVERNMENT PROPERTY, AND ANY EMPLOYEE OF THE COUNTY SHERIFF'S3
73	69		OFFICE INCLUDING ANY DEPUTY SHERIFFS .4
74	70		(3) AN EMPLOYEE OF THE COUNTY SHERIFF 'S OFFICE SHALL NOT:5
75	71		(a) P
76	72		ARTICIPATE IN ANY POLITICAL CAMPAIGN WHILE ON DUTY ;6
77	73		(b) S
78	74		OLICIT MONEY ON BEHALF OF ANY POLITICAL CAMPAIGNS ;7
79	75		EXCEPT THAT THIS SUBSECTION (2)(b) SHALL NOT PROHIBIT AN EMPLOYEE8
80	76		OF THE COUNTY SHERIFF'S OFFICE WHO IS RUNNING FOR AN ELECTED9
81	77		OFFICE FROM SOLICITING AND ACCEPTING CAMPAIGN CONTRIBUTIONS FOR10
82	78		THE EMPLOYEE'S OWN ELECTION CAMPAIGN IF THE EMPLOYEE IS NOT ON11
83	79		DUTY OR IN UNIFORM WHEN SUCH ACTIVITIES OCCUR ;12
84	80		(c) U
85	81		SE THE EMPLOYEE'S OFFICIAL POSITION TO MAKE ANY PUBLIC13
86	82		ENDORSEMENT OF ANY CANDIDATE IN ANY CAMPAIGN FOR ELECTED14
87	83		OFFICE; EXCEPT THAT, IF THE EMPLOYEE IS RUNNING FOR AN ELECTED15
88	84		OFFICE, THEN THE RESTRICTION IN THIS SUBSECTION (2)(c) DOES NOT16
89	85		APPLY TO THE EMPLOYEE'S OWN CAMPAIGN;17
90	86		(d) U
91	87		SE THE EMPLOYEE'S OFFICIAL POSITION TO REFLECT THE18
92	88		EMPLOYEE'S PERSONAL POLITICAL FEELINGS AS THOSE OF THE COUNTY19
93	89		SHERIFF'S DEPARTMENT OR USE THE EMPLOYEE 'S OFFICIAL POSITION TO20
94	90		EXERT ANY PRESSURE ON ANYONE TO INFLUENCE THAT PERSON 'S21
95	91		POLITICAL VIEWS;22
96	92		(e) D
97	93		ISPLAY ANY POLITICAL ADVERTISING OR PARAPHERNALIA ON23
98	94		THE EMPLOYEE'S BODY OR AUTOMOBILE WHILE ON DUTY OR IN UNIFORM ;24
99	95		(f) D
100	96		ISPLAY CAMPAIGN LITERATURE , BANNERS, PLACARDS,25
101	97		STREAMERS, STICKERS, SIGNS, OR OTHER ITEMS OF CAMPAIGN OR26
102	98		POLITICAL ADVERTISING ON BEHALF OF ANY PARTY , COMMITTEE, OR27
103	99		1206
104	100		-3- AGENCY OR CANDIDATE FOR POLITICAL OFFICE ON THE PREMISES OF ANY1
105	101		BUILDING OR LAND OWNED BY THE COUNTY OR USE ANY FACILITIES OF THE2
106	102		COUNTY, INCLUDING EQUIPMENT AND VEHICLES, FOR THOSE PURPOSES; OR3
107	103		(g) USE PUBLIC BUILDINGS, FACILITIES, OR SPACES DEDICATED TO,4
108	104		OR UNDER THE EXCLUSIVE CONTROL OF, LAW ENFORCEMENT THAT ARE5
109	105		NOT REGULARLY AVAILABLE TO THE GENERAL PUBLIC .6
110	106		(4) EXCEPT AS PROVIDED IN SUBSECTION (2)(f) OF THIS SECTION,7
111	107		NOTHING IN SUBSECTION (2) OF THIS SECTION PROHIBITS OR PREVENTS ANY8
112	108		SUCH EMPLOYEE FROM BECOMING OR CONTINUING TO BE A MEMBER OF A9
113	109		POLITICAL CLUB OR ORGANIZATION AND ENJOYING ALL THE RIGHTS AND10
114	110		PRIVILEGES OF SUCH MEMBERSHIP OR FROM ATTENDING ANY POLITICAL11
115	111		MEETINGS WHILE NOT ON DUTY .12
116	112		(5) ANY PERSON WHO VIOLATES SUBSECTION (2) OF THIS SECTION13
117	113		IS SUBJECT TO A CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS14
118	114		PER VIOLATION AND MAY BE DISMISSED FROM THE SERVICE OF THE15
119	115		COUNTY SHERIFF'S OFFICE.16
120	116		(6) (a) ANY PERSON MAY FILE AN AFFIDAVIT WITH THE DISTRICT17
121	117		ATTORNEY STATING THE NAME OF ANY PERSON WHO HAS VIOLATED THIS18
122	118		SECTION AND STATING THE FACTS THAT CONSTITUTE THE ALLEGED19
123	119		OFFENSE. UPON THE FILING OF SUCH AN AFFIDAVIT, THE DISTRICT20
124	120		ATTORNEY SHALL PROMPTLY INVESTIGATE AND, IF REASONABLE GROUNDS21
125	121		FOR FINDING A VIOLATION APPEAR, THE DISTRICT ATTORNEY SHALL22
126	122		PROSECUTE THE VIOLATOR.23
127	123		(b) THE ATTORNEY GENERAL HAS EQUAL POWER WITH THE24
128	124		DISTRICT ATTORNEY TO FILE AND PROSECUTE COMPLAINTS AGAINST ANY25
129	125		PERSON FOR VIOLATING THIS SECTION.26
130	126		SECTION 2. Act subject to petition - effective date. This act27
131	127		1206
132	128		-4- takes effect at 12:01 a.m. on the day following the expiration of the1
133	129		ninety-day period after final adjournment of the general assembly; except2
134	130		that, if a referendum petition is filed pursuant to section 1 (3) of article V3
135	131		of the state constitution against this act or an item, section, or part of this4
136	132		act within such period, then the act, item, section, or part will not take5
137	133		effect unless approved by the people at the general election to be held in6
138	134		November 2024 and, in such case, will take effect on the date of the7
139	135		official declaration of the vote thereon by the governor.8
140	136		1206
141	137		-5-