HOUSE BILL 24-1004
BY REPRESENTATIVE(S) Bacon and Bird, Amabile, Boesenecker,
Brown, Clifford, deGruy Kennedy, English, Epps, Froelich, Garcia,
Hamrick, Hernandez, Herod, Jodeh, Kipp, Lindsay, Lindstedt, Mabrey,
Marshall, Ortiz, Parenti, Ricks, Rutinel, Sirota, Snyder, Soper, Vigil,
Weinberg, Weissman, Young, McCluskie;
also SENATOR(S) Coleman, Baisley, Buckner, Cutter, Exum, Gonzales,
Hansen, Jaquez Lewis, Kirkmeyer, Liston, Marchman, Michaelson Jenet,
Mullica, Pelton R., Priola, Roberts.
C
ONCERNING THE ABILITY OF EX-OFFENDERS TO RECEIVE AUTHORIZATION
TO PRACTICE IN STATE
-REGULATED OCCUPATIONS , 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, add 12-20-206 as
follows:
12-20-206. Regulators - consideration of criminal records -
petition process - denials - definition. (1) A
S USED IN THIS SECTION,
"
DIRECTLY RELATED TO" MEANS THAT THE CRIMINAL OFFENSE FOR WHICH
THE APPLICANT HAS BEEN CONVICTED IS STILL RELEVANT AT THE TIME OF
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. THE INDIVIDUAL'S APPLICATION FOR A REGISTRATION, CERTIFICATION, OR
LICENSE
, WHICH WOULD CREATE AN UNREASONABLE RISK TO PUBLIC SAFETY
BECAUSE THE OFFENSE DIRECTLY RELATES TO THE DUTIES AND
RESPONSIBILITIES OF THE PROFESSION OR OCCUPATION IN WHICH THE
INDIVIDUAL HAS APPLIED OR PETITIONED FOR DETERMINATION OF
QUALIFICATION
, AS DETERMINED BY A REGULATOR AFTER CONSIDERATION
OF ALL EVIDENCE AVAILABLE TO THE REGULATOR
.
(2) I
F AN APPLICANT HAS A CONVICTION FOR A CRIME, A REGULATOR
MAY ONLY CONSIDER THE APPLICANT
'S CONVICTION FOR A THREE-YEAR
PERIOD BEGINNING ON THE DATE OF CONVICTION OR THE END OF
INCARCERATION
, WHICHEVER DATE IS LATER, IF THE APPLICANT HAS NOT
BEEN CONVICTED OF ANY OTHER CRIMINAL OFFENSE DURING THE
THREE
-YEAR PERIOD. AFTER THE THREE-YEAR PERIOD, THE REGULATOR
SHALL ONLY CONSIDER THE INDIVIDUAL
'S APPLICATION FOR REGISTRATION,
CERTIFICATION, OR LICENSURE IN THE SAME MANNER AS AN APPLICANT WHO
DOES NOT POSSESS A PRIOR CRIMINAL RECORD
; EXCEPT THAT THE
REGULATOR MAY CONSIDER A CONVICTION FOR A CRIME THAT IS DIRECTLY
RELATED TO THE PROFESSION OR OCCUPATION FOR WHICH THE INDIVIDUAL
HAS APPLIED FOR REGISTRATION
, CERTIFICATION, OR LICENSURE.
(3) (a) I
F A REGULATOR IS CONSIDERING AN APPLICANT 'S CRIMINAL
RECORD DURING THE APPLICATION PROCESS FOR REGISTRATION
,
CERTIFICATION, OR LICENSURE, A REGULATOR MAY ONLY DENY OR REFUSE
TO RENEW THE REGISTRATION
, CERTIFICATION, OR LICENSE IF THE
REGULATOR DETERMINES THAT THE APPLICANT HAS NOT BEEN
REHABILITATED AND IS UNABLE TO PERFORM THE DUTIES AND
RESPONSIBILITIES OF THE PROFESSION OR OCCUPATION WITHOUT CREATING
AN UNREASONABLE RISK TO PUBLIC SAFETY
.
(b) A
N APPLICANT'S CONVICTION FOR A CRIME DOES NOT, IN AND OF
ITSELF
, DISQUALIFY THE APPLICANT FROM BEING ISSUED A REGISTRATION ,
CERTIFICATION, OR LICENSE.
(4) (a) A
N INDIVIDUAL WHOSE CONVICTION MAY AFFECT THE
INDIVIDUAL
'S APPLICATION FOR REGISTRATION , CERTIFICATION, OR
LICENSURE MAY PETITION AT ANY TIME
, INCLUDING WHILE INCARCERATED
OR BEFORE OBTAINING ANY REQUIRED PERSONAL QUALIFICATIONS
, FOR A
DECISION FROM A REGULATOR AS TO WHETHER A REGULATOR MAY CONSIDER
THE INDIVIDUAL
'S CRIMINAL RECORD WHEN REVIEWING THE INDIVIDUAL 'S
PAGE 2-HOUSE BILL 24-1004 APPLICATION FOR A REGISTRATION, CERTIFICATION, OR LICENSE.
(b) A
N INDIVIDUAL WHO PETITIONS A REGULATOR SHALL INCLUDE IN
THE PETITION
:
(I) T
HE INDIVIDUAL'S CRIMINAL RECORD OR AUTHORIZATION FOR THE
REGULATOR TO OBTAIN THE INDIVIDUAL
'S CRIMINAL RECORD; AND
(II) ANY ADDITIONAL INFORMATION ABOUT THE INDIVIDUAL 'S
CURRENT CIRCUMSTANCES
, INCLUDING THE TIME SINCE THE CRIMINAL
OFFENSE WAS COMMITTED AND THE SENTENCE WAS COMPLETED
, THE AGE OF
THE APPLICANT AT TIME THE OFFENSE WAS COMMITTED
, THE PAYMENT OF
ANY COURT
-ORDERED RESTITUTION , EVIDENCE OF REHABILITATION ,
TESTIMONIALS, EMPLOYMENT HISTORY, AND EMPLOYMENT ASPIRATIONS .
(c) I
F A REGULATOR DETERMINES THAT A PETITIONER 'S CONVICTION
WILL LIKELY BE CONSIDERED
, THE REGULATOR SHALL ADVISE THE
PETITIONER OF ANY ACTIONS THE PETITIONER MAY TAKE TO REMEDY THE
DISQUALIFICATION
. IF REMEDIAL ACTION IS ADVISED BY THE REGULATOR ,
THE PETITIONER MAY SUBMIT A REVISED PETITION ON OR BEFORE A DATE SET
BY THE REGULATOR FOR COMPLETION OF THE REMEDIAL ACTIONS
.
(d) A
REGULATOR THAT MAKES AN INITIAL DETERMINATION
PURSUANT TO THIS SUBSECTION
(4) MAY REQUIRE A NEW DETERMINATION AT
THE TIME AN INDIVIDUAL FORMALLY APPLIES FOR REGISTRATION
,
CERTIFICATION, OR LICENSURE.
(5) (a) I
N ORDER TO DENY AN APPLICATION FOR REGISTRATION ,
CERTIFICATION, OR LICENSURE PURSUANT TO THIS SECTION , A REGULATOR
BEARS THE BURDEN OF PROOF TO SHOW BY CLEAR AND CONVINCING
EVIDENCE THAT THE DENIAL DIRECTLY CONNECTS INFORMATION IN AN
APPLICANT
'S CRIMINAL RECORD TO POTENTIAL PERFORMANCE IN AND THE
POTENTIAL CREATION OF AN UNREASONABLE RISK TO PUBLIC SAFETY
THROUGH THE PARTICULAR PROFESSION OR OCCUPATION FOR WHICH THE
APPLICANT IS APPLYING FOR REGISTRATION
, CERTIFICATION, OR LICENSURE.
(b) I
F AN INDIVIDUAL HAS FILED A PETITION FOR A DETERMINATION
PURSUANT TO SUBSECTION
(4) OF THIS SECTION, HAS RECEIVED A NOTICE OF
AN AGENCY ADJUDICATORY HEARING AND FILED AND ANSWER TO THE
NOTICE PURSUANT TO SECTION
24-4-105, AND FAILS TO APPEAR AT THE
PAGE 3-HOUSE BILL 24-1004 SCHEDULED TIME AND PLACE OF THE HEARING , THE ADMINISTRATIVE LAW
JUDGE SHALL ENTER A DEFAULT JUDGMENT IN FAVOR OF THE REGULATOR
.
(6) T
HIS SECTION DOES NOT:
(a) N
EGATE ANY PROVISION FOR REGISTRATION , CERTIFICATION, OR
LICENSURE IN THIS TITLE
12 THAT REQUIRES AN APPLICANT TO SUBMIT
INFORMATION REGARDING THE APPLICANT
'S CRIMINAL HISTORY TO A
REGULATOR WITH AN APPLICATION
;
(b) N
EGATE ANY OTHER REASON SPECIFIED IN THIS TITLE 12 FOR
WHICH A REGULATOR MAY DENY AN APPLICANT REGISTRATION
,
CERTIFICATION, OR LICENSURE FOR A PROFESSION OR AN OCCUPATION ;
(c) N
EGATE ANY REQUIREMENT UNDER FEDERAL LAW THAT
REQUIRES AN INDIVIDUAL TO OBTAIN OR MAINTAIN A REGISTRATION
,
CERTIFICATION, OR LICENSURE;
(d) N
EGATE THE LIST OF DETERMINING FACTORS THAT SHALL NOT BE
CONSIDERED REGARDING AN APPLICANT
'S CRIMINAL RECORD IN SECTION
24-5-101 (2)(b); OR
(e) CREATE LIABILITY FOR AN EMPLOYER THAT FAILS TO HIRE AN
INDIVIDUAL WHO HAS A REGISTRATION
, CERTIFICATION, OR LICENSE
PURSUANT TO THIS TITLE
12.
SECTION 2. In Colorado Revised Statutes, 12-20-202, amend (5)
as follows:
12-20-202. Licenses, certifications, and registrations - renewal
- reinstatement - fees - occupational credential portability program -
temporary authority for military spouses - exceptions for military
personnel - rules - consideration of criminal convictions or driver's
history - executive director authority - definitions. (5) Criminal
convictions. Unless there is a specific statutory disqualification that
prohibits an applicant from obtaining licensure, certification, or registration
based on a criminal conviction, if a regulator determines that an applicant
for licensure, certification, or registration has a criminal record, the
regulator is governed by section
SECTIONS 12-20-206 AND 24-5-101 for
purposes of granting or denying, or placing any conditions on, licensure,
PAGE 4-HOUSE BILL 24-1004 certification, or registration.
SECTION 3. In Colorado Revised Statutes, 24-5-101, amend
(1)(a), (2)(a), (2)(b) introductory portion, (3)(b)(I), (3)(c) introductory
portion, (4) introductory portion, and (7) introductory portion as follows:
24-5-101. Effect of criminal conviction on employment rights -
fee - determination. (1) (a) Except as otherwise provided in subsection
(1)(b) of this section, the fact that a person has been convicted of a felony
or other offense involving moral turpitude
shall not, in and of itself, prevent
the person from applying for and obtaining public employment or from
applying for and receiving a license, certification, permit, or registration
required by the laws of this state to follow any business, occupation, or
profession.
(2) (a) (I) Whenever any
WHEN A state or local agency is required
to make a finding that REGARDING an applicant for a license, certification,
permit, or registration is a person of good moral character as a condition to
the issuance thereof OF ISSUING THE LICENSE, CERTIFICATION, PERMIT, OR
REGISTRATION
, or IS REQUIRED TO evaluate the impact of an applicant's
criminal record,
AND the fact that such
applicant has, at some time, prior
thereto, been convicted of a felony or other offense, involving moral
turpitude, and THE STATE OR LOCAL AGENCY SHALL GIVE CONSIDERATION TO
pertinent circumstances connected with such THE conviction shall be given
consideration in determining whether in fact, the applicant is qualified. The
intent of this section is to expand employment opportunities for persons
who, notwithstanding that fact of conviction of an offense, have been
rehabilitated and are ready to accept the responsibilities of a law-abiding
and productive member of society.
(II) A
STATE AGENCY MAKING A FINDING PURSUANT TO SUBSECTION
(2)(a)(I) OF THIS SECTION MAY ONLY CONSIDER CONVICTIONS PURSUANT TO
SECTION
12-20-206.
(b) In evaluating an applicant, an
A LOCAL agency shall comply with
subsection (4) of this section, and
A STATE OR LOCAL AGENCY shall not use
the determination of the following information as a basis for denial or
taking adverse action against any applicant otherwise qualified:
(3) (b) (I) With the exception of the department of corrections and
PAGE 5-HOUSE BILL 24-1004 the department of public safety, the A LOCAL agency shall not perform a
background check until the agency determines that an applicant is a finalist
or makes a conditional offer of employment to the applicant.
(c) If, after determining that an applicant is a finalist or after making
a conditional offer of employment to an applicant, the
A LOCAL agency
determines that the applicant has a criminal history, the
LOCAL agency shall
comply with subsection (4) of this section and shall not use the
determination of the following information as a basis for not making an
offer of employment or for withdrawing the conditional offer of
employment:
(4) Except as provided in subsection (6) of this section, when
considering an applicant for a license, certification, permit, or registration
pursuant to subsection (2) of this section or, if, after determining that an
applicant is a finalist or making a conditional offer of employment to an
applicant, the
A LOCAL agency determines that the applicant has a
conviction other than as described in subsection (2)(b) or (3)(c) of this
section, the
LOCAL agency shall consider the following factors when
determining whether the conviction disqualifies the applicant:
(7) Before a state or local agency makes a final determination that
a criminal conviction disqualifies an applicant from receiving a license,
certification, permit, or registration, the agency shall provide the applicant
with written notice that describes:
SECTION 4. Appropriation. (1) For the 2024-25 state fiscal year,
$133,216 is appropriated to the department of regulatory agencies. This
appropriation is from the division of professions and occupations cash fund
created in section 12-20-105 (3), C.R.S. To implement this act, the
department may use this appropriation as follows:
(a) $80,203 for use by the division of professions and occupations
for personal services, which amount is based on an assumption that the
division will require an additional 1.2 FTE;
(b) $8,206 for use by the division of professions and occupations for
operating expenses; and
(c) $44,807 for the purchase of legal services.
PAGE 6-HOUSE BILL 24-1004 (2) For the 2024-25 state fiscal year, $44,807 is appropriated to the
department of law. This appropriation is from reappropriated funds received
from the department of regulatory agencies under subsection (1)(c) of this
section and is based on an assumption that the department of law will
require an additional 0.2 FTE. To implement this act, the department of law
may use this appropriation to provide legal services for the department of
regulatory agencies.
SECTION 5. Act subject to petition - effective date -
applicability. (1) This act takes effect at 12:01 a.m. on the day following
the expiration of the ninety-day period after final adjournment of the
general assembly; except that, if a referendum petition is filed pursuant to
section 1 (3) of article V of the state constitution against this act or an item,
section, or part of this act within such period, then the act, item, section, or
part will not take effect unless approved by the people at the general
election to be held in November 2024 and, in such case, will take effect on
the date of the official declaration of the vote thereon by the governor.
(2) This act applies to applications for registration, certification,
PAGE 7-HOUSE BILL 24-1004 permitting, or licensure submitted on or after the applicable effective date
of this act.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 8-HOUSE BILL 24-1004