Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0445.01 Kristen Forrestal x4217
HOUSE BILL 24-1004
House Committees Senate Committees
Business Affairs & Labor
A BILL FOR AN ACT
C
ONCERNING THE ABILITY OF EX -OFFENDERS TO RECEIVE101
AUTHORIZATION TO PRACTICE IN STATE -REGULATED102
OCCUPATIONS.103
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
.)
In determining whether an applicant for a state-regulated
occupation is qualified to be registered, certified, or licensed (regulator),
the bill allows the regulator to consider an applicant's conviction for a
criminal offense if the criminal offense is a violent felony or
misdemeanor. If an offense is not violent but would otherwise disqualify
HOUSE SPONSORSHIP
Bacon and Bird,
SENATE SPONSORSHIP
Coleman,
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. a person from becoming registered, certified, or licensed, the regulator of
each profession is not permitted to consider the person's criminal
conviction for the offense after a 3-year period has passed.
The bill allows an individual to petition a regulator to determine
whether a criminal conviction will preclude the person from becoming
registered, certified, or licensed prior to that person completing any other
requirements for such credentialing.
The bill places the burden of proof for denial of an applicant on
the regulator to demonstrate that denial based on the applicant's criminal
conviction directly connects to potential performance in the occupation
or profession for which the applicant seeks credentialing.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 12-20-206 as2
follows:3
12-20-206. Regulators - consideration of criminal records -4
petition process - denials. (1) T
HIS SECTION APPLIES TO ALL5
REGULATORS IN THE DIVISION.6
(2) (a) W
HEN REVIEWING AN INDIVIDUAL APPLICANT 'S CRIMINAL7
RECORD TO DETERMINE WHETHER THE INDIVIDUAL APPLICANT IS8
QUALIFIED FOR A REGISTRATION, CERTIFICATION, OR LICENSE PURSUANT9
TO THIS TITLE 12, A REGULATOR MAY CONSIDER ONLY THE APPLICANT 'S10
CONVICTION FOR THE FOLLOWING CRIMINAL OFFENSES :11
(I) A
CRIMINAL SEXUAL ACT;12
(II) C
RIMINAL FRAUD OR EMBEZZLEMENT ;13
(III) A
N AGGRAVATED ASSAULT ;14
(IV) A
GGRAVATED ROBBERY ;15
(V) A
GGRAVATED ABUSE, NEGLECT, OR ENDANGERMENT OF A16
CHILD OR AN AT-RISK PERSON AS DEFINED IN SECTION 18-6.5-102 (4.5);17
(VI) A
RSON;18
(VII) A
CARJACKING;19
HB24-1004-2- (VIII) KIDNAPPING; AND1
(IX) M
ANSLAUGHTER, HOMICIDE, OR MURDER.2
(b) I
F AN INDIVIDUAL APPLICANT HAS A VALID CONVICTION FOR AN3
OFFENSE THAT IS NOT INCLUDED IN SUBSECTION (2)(a) OF THIS SECTION,4
THE REGULATOR SHALL NOT CONSIDER THE APPLICANT 'S CRIMINAL5
CONVICTION FOR THE OFFENSE UNTIL THREE YEARS AFTER THE DATE OF6
CONVICTION, END OF INCARCERATION, OR END OF PERIOD OF PAROLE ,7
WHICHEVER DATE IS LATER, IF THE APPLICANT HAS NOT BEEN CONVICTED8
OF ANY OTHER CRIMINAL OFFENSE DURING THE THREE -YEAR PERIOD.9
B
EYOND THE THREE-YEAR PERIOD, THE REGULATOR SHALL CONSIDER AN10
EX-OFFENDER'S APPLICATION FOR REGISTRATION , CERTIFICATION, OR11
LICENSURE IN THE SAME MANNER AS AN APPLICANT WHO DOES NOT12
POSSESS A PRIOR CRIMINAL RECORD AS LONG AS THE EX -OFFENDER DOES13
NOT HAVE ADDITIONAL CONVICTIONS .14
(c) A
REGULATOR SHALL NOT:15
(I) A
UTOMATICALLY REFUSE TO GRANT OR RENEW A16
REGISTRATION, CERTIFICATION, OR LICENSE TO WORK IN A LAWFUL17
OCCUPATION BECAUSE OF AN INDIVIDUAL 'S CRIMINAL RECORD BUT SHALL18
CONSIDER EACH INDIVIDUAL 'S CRIMINAL RECORD AND CURRENT19
CIRCUMSTANCES; OR20
(II) U
SE VAGUE TERMS IN ITS CONSIDERATIONS AND DECISIONS ,21
INCLUDING "GOOD MORAL CHARACTER ", "MORAL TURPITUDE", OR22
"
CHARACTER AND FITNESS".23
(d) A
N AMBIGUITY IN AN OCCUPATIONAL REGULATION RELATING24
TO THE BOARD OR EXECUTIVE DIRECTOR 'S USE OF AN INDIVIDUAL'S25
CRIMINAL RECORD MUST BE RESOLVED IN FAVOR OF THE INDIVIDUAL .26
(3) (a) A
N INDIVIDUAL WHOSE CRIMINAL RECORD MAY AFFECT THE27
HB24-1004
-3- INDIVIDUAL'S REGISTRATION, CERTIFICATION, OR LICENSURE PURSUANT TO1
SUBSECTION (2) OF THIS SECTION MAY PETITION AT ANY TIME, INCLUDING2
WHILE INCARCERATED OR BEFORE OBTAINING ANY REQUIRED PERSONAL3
QUALIFICATIONS, FOR A DECISION FROM A REGULATOR AS TO WHETHER4
THE INDIVIDUAL'S CRIMINAL RECORD WILL DISQUALIFY THE INDIVIDUAL5
FROM OBTAINING A REGISTRATION , CERTIFICATION, OR LICENSE.6
(b) A
N INDIVIDUAL WHO PETITIONS A REGULATOR SHALL INCLUDE7
IN THE PETITION:8
(I) T
HE INDIVIDUAL'S CRIMINAL RECORD OR AUTHORIZATION FOR9
THE REGULATOR TO OBTAIN THE INDIVIDUAL 'S CRIMINAL RECORD; AND10
(II) A
NY ADDITIONAL INFORMATION ABOUT THE INDIVIDUAL 'S11
CURRENT CIRCUMSTANCES , INCLUDING THE TIME SINCE THE CRIMINAL12
OFFENSE WAS COMMITTED AND THE SENTENCE WAS COMPLETED , THE13
PAYMENT OF ANY COURT -ORDERED RESTITUTION , EVIDENCE OF14
REHABILITATION, TESTIMONIALS, EMPLOYMENT HISTORY , AND15
EMPLOYMENT ASPIRATIONS .16
(c) I
F A REGULATOR DETERMINES THAT A PETITIONER 'S CRIMINAL17
CONVICTION WILL DISQUALIFY THE PETITIONER FROM BECOMING18
REGISTERED, CERTIFIED, OR LICENSED, THE REGULATOR SHALL ADVISE THE19
PETITIONER OF ANY ACTIONS THE PETITIONER MAY TAKE TO REMEDY THE20
DISQUALIFICATION. IF REMEDIAL ACTION IS ADVISED BY THE REGULATOR ,21
THE PETITIONER MAY SUBMIT A REVISED PETITION ON OR BEFORE A DATE22
SET BY THE REGULATOR FOR COMPLETION OF THE REMEDIAL ACTIONS .23
(d) A
REGULATOR WHO MAKES AN INITIAL DETERMINATION24
PURSUANT TO THIS SUBSECTION (3) MAY REQUIRE A NEW DETERMINATION25
AT THE TIME AN INDIVIDUAL FORMALLY APPLIES FOR REGISTRATION ,26
CERTIFICATION, OR LICENSURE.27
HB24-1004
-4- (4) IN ORDER TO DENY AN APPLICATION FOR REGISTRATION ,1
CERTIFICATION, OR LICENSURE PURSUANT TO THIS SECTION, A REGULATOR2
BEARS THE BURDEN OF PROOF TO SHOW BY CLEAR AND CONVINCING3
EVIDENCE THAT THE DENIAL DIRECTLY CONNECTS INFORMATION IN AN4
APPLICANT'S CRIMINAL RECORD TO POTENTIAL PERFORMANCE IN THE5
PARTICULAR OCCUPATION OR PROFESSION FOR WHICH THE APPLICANT IS6
APPLYING FOR REGISTRATION, CERTIFICATION, OR LICENSURE.7
(5) T
HIS SECTION DOES NOT NEGATE:8
(a) A
NY PROVISION FOR REGISTRATION , CERTIFICATION, OR9
LICENSURE IN THIS TITLE 12 THAT REQUIRES AN APPLICANT TO SUBMIT10
INFORMATION REGARDING THE APPLICANT 'S CRIMINAL HISTORY TO A11
REGULATOR WITH AN APPLICATION ; OR12
(b) A
NY OTHER REASON SPECIFIED IN THIS TITLE 12 FOR WHICH A13
REGULATOR MAY DENY AN APPLICANT REGISTRATION , CERTIFICATION, OR14
LICENSURE FOR A PROFESSION OR AN OCCUPATION .15
SECTION 2. In Colorado Revised Statutes, 12-20-202, repeal (5)16
as follows:17
12-20-202. Licenses, certifications, and registrations - renewal18
- reinstatement - fees - occupational credential portability program19
- temporary authority for military spouses - exceptions for military20
personnel - rules - consideration of criminal convictions or driver's21
history - executive director authority - definitions. (5) Criminal
22
convictions. Unless there is a specific statutory disqualification that23
prohibits an applicant from obtaining licensure, certification, or24
registration based on a criminal conviction, if a regulator determines that25
an applicant for licensure, certification, or registration has a criminal26
record, the regulator is governed by section 24-5-101 for purposes of27
HB24-1004
-5- granting or denying, or placing any conditions on, licensure, certification,1
or registration.2
SECTION 3. Act subject to petition - effective date -3
applicability. (1) This act takes effect at 12:01 a.m. on the day following4
the expiration of the ninety-day period after final adjournment of the5
general assembly; except that, if a referendum petition is filed pursuant6
to section 1 (3) of article V of the state constitution against this act or an7
item, section, or part of this act within such period, then the act, item,8
section, or part will not take effect unless approved by the people at the9
general election to be held in November 2024 and, in such case, will take10
effect on the date of the official declaration of the vote thereon by the11
governor.12
(2) This act applies to applications for registration, certification,13
or licensure submitted on or after the applicable effective date of this act.14
HB24-1004
-6-