Second Regular Session Seventy-fourth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 24-0605.01 Jerry Barry x4341 HOUSE BILL 24-1013 House Committees Senate Committees Judiciary A BILL FOR AN ACT C ONCERNING VICTIM PROGRAMS IN THE NEW TWENTY -THIRD JUDICIAL101 DISTRICT.102 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 new twenty-third judicial district exists beginning January 7, 2025. The bill makes changes so that the crime victim compensation board and the victims and witnesses assistance and law enforcement board may provide compensation and services once the new judicial district exists. HOUSE SPONSORSHIP Hartsook and Lukens, SENATE SPONSORSHIP Pelton R. and Bridges, 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. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, 24-4.1-103, add (4)2 as follows:3 24-4.1-103. Crime victim compensation board - created -4 repeal. (4) (a) E FFECTIVE NOVEMBER 1, 2024, A CRIME VICTIM5 COMPENSATION BOARD FOR THE TWENTY -THIRD JUDICIAL DISTRICT IS6 CREATED. THE DISTRICT ATTORNEY FOR THE EIGHTEENTH JUDICIAL7 DISTRICT SHALL APPOINT THE INITIAL BOARD OF THREE MEMBERS , EACH8 OF WHOM MUST BE RESIDENTS OF DOUGLAS, ELBERT, OR LINCOLN9 COUNTIES. THE DISTRICT ATTORNEY FOR THE EIGHTEENTH JUDICIAL10 DISTRICT SHALL DESIGNATE ONE OF THE MEMBERS AS THE INITIAL CHAIR .11 A FTER JANUARY 7, 2025, THE DISTRICT ATTORNEY FOR THE12 TWENTY-THIRD JUDICIAL DISTRICT SHALL APPOINT BOARD MEMBERS FOR13 THAT JUDICIAL DISTRICT, INCLUDING ANY VACANCIES. TO THE EXTENT14 POSSIBLE, MEMBERS MUST FAIRLY REFLECT THE POPULATION OF THE15 TWENTY-THIRD JUDICIAL DISTRICT.16 (b) F OR THE INITIAL BOARD, THE TERM OF OFFICE OF EACH17 MEMBER OF THE TWENTY -THIRD JUDICIAL DISTRICT BOARD IS FOURTEEN18 MONTHS. THEREAFTER, THE TERM IS THREE YEARS; EXCEPT THAT, OF19 THOSE MEMBERS FIRST APPOINTED BY THE TWENTY -THIRD JUDICIAL20 DISTRICT ATTORNEY, THE DISTRICT ATTORNEY SHALL APPOINT ONE FOR A21 THREE-YEAR TERM, ONE FOR A TWO -YEAR TERM, AND ONE FOR A22 ONE-YEAR TERM. ALL OTHER TERMS AND VACANCIES MUST BE23 CONSISTENT WITH SUBSECTION (2) OF THIS SECTION.24 (c) T HE CRIME VICTIM COMPENSATION BOARD FOR THE25 TWENTY-THIRD JUDICIAL DISTRICT SHALL BEGIN AWARDING26 HB24-1013-2- COMPENSATION TO VICTIMS OF CRIMES ON OR AFTER JANUARY 7, 2025.1 (d) T HIS SUBSECTION (4) IS REPEALED, EFFECTIVE JULY 1, 2026.2 SECTION 2. In Colorado Revised Statutes, amend 24-4.1-1043 as follows:4 24-4.1-104. District attorney to assist board - repeal. (1) The5 district attorney and his THE DISTRICT ATTORNEY 'S legal and6 administrative staff shall assist the board in the performance of its duties7 pursuant to this part 1.8 (2) (a) T HE DISTRICT ATTORNEY FOR THE EIGHTEENTH JUDICIAL9 DISTRICT AND THE DISTRICT ATTORNEY 'S LEGAL AND ADMINISTRATIVE10 STAFF SHALL ASSIST THE CRIME VICTIM COMPENSATION BOARD FOR THE11 TWENTY-THIRD JUDICIAL DISTRICT IN THE ESTABLISHMENT OF12 PROCEDURES FOR PERFORMANCE OF ITS DUTIES PURSUANT TO THIS PART13 1 UNTIL THE DISTRICT ATTORNEY FOR THE TWENTY -THIRD JUDICIAL14 DISTRICT ASSUMES OFFICE.15 (b) T HIS SUBSECTION (2) IS REPEALED, EFFECTIVE JULY 1, 2025.16 SECTION 3. In Colorado Revised Statutes, 24-4.1-117, add (1.3)17 as follows:18 24-4.1-117. Fund created - control of fund - repeal.19 (1.3) (a) T HE CRIME VICTIM COMPENSATION FUND FOR THE20 TWENTY-THIRD JUDICIAL DISTRICT IS ESTABLISHED IN THE OFFICE OF THE21 COURT ADMINISTRATOR FOR DOUGLAS, ELBERT, AND LINCOLN COUNTIES.22 T HE FUND CONSISTS OF ANY MONEY DUE THE TWENTY -THIRD JUDICIAL23 DISTRICT PURSUANT TO SUBSECTION (2) OF THIS SECTION ON AND AFTER24 J ANUARY 7, 2025. THE JUDICIAL DEPARTMENT SHALL COORDINATE WITH25 THE CRIME VICTIM COMPENSATION BOARD FOR THE EIGHTEENTH JUDICIAL26 DISTRICT TO CREDIT MONEY PAID AS COSTS OR SURCHARGES LEVIED ON27 HB24-1013 -3- CRIMINAL ACTIONS IN DOUGLAS, ELBERT, AND LINCOLN COUNTIES ON AND1 AFTER APRIL 1, 2024, TO THE FUND FOR USE BY THE TWENTY -THIRD2 JUDICIAL DISTRICT, FROM THE MONEY COLLECTED PURSUANT TO3 SUBSECTION (2) OF THIS SECTION ON OR AFTER APRIL 1, 2024, IN4 D OUGLAS, ELBERT AND LINCOLN COUNTIES.5 (b) T HIS SUBSECTION (1.3) IS REPEALED, EFFECTIVE JULY 1, 2025.6 SECTION 4. In Colorado Revised Statutes, 24-4.1-117.3, add7 (3)(a.5) as follows:8 24-4.1-117.3. Crime victim services advisory board - creation9 - duties - repeal. (3) The advisory board's powers and duties include, but10 are not limited to, the following:11 (a.5) (I) T O PROVIDE CURRENT STANDARDS FOR THE CRIME VICTIM12 COMPENSATION FUND FOR THE TWENTY -THIRD JUDICIAL DISTRICT,13 ESTABLISHED IN SECTION 24-4.1-117 (1.3), TO PREPARE THE CRIME VICTIM14 COMPENSATION BOARD FOR THE TWENTY -THIRD JUDICIAL DISTRICT TO15 AWARD COMPENSATION PURSUANT TO THIS PART 1.16 (II) T HIS SUBSECTION (3)(a.5) IS REPEALED, EFFECTIVE JULY 1,17 2025.18 SECTION 5. In Colorado Revised Statutes, amend 24-4.1-11819 as follows:20 24-4.1-118. Court administrator custodian of fund -21 disbursements - repeal. (1) The court administrator of each judicial22 district shall be IS the custodian of the fund, and THE COURT23 ADMINISTRATOR SHALL PAY all disbursements from the fund shall be paid24 by him upon written authorization of the board or the court.25 (2) (a) U NTIL A JUDICIAL DISTRICT COURT ADMINISTRATOR FOR26 THE TWENTY-THIRD JUDICIAL DISTRICT IS APPOINTED , THE COURT27 HB24-1013 -4- ADMINISTRATOR FOR DOUGLAS, ELBERT, AND LINCOLN COUNTIES SHALL1 ASSUME THE DUTIES DESCRIBED IN SUBSECTION (1) OF THIS SECTION AND2 SECTION 24-4.1-117.3 (b) T HIS SUBSECTION (2) IS REPEALED, EFFECTIVE JULY 1, 2025.4 SECTION 6. In Colorado Revised Statutes, 24-4.2-101, add (1.5)5 as follows:6 24-4.2-101. Victims and witnesses assistance and law7 enforcement board - creation - repeal. (1.5) (a) E FFECTIVE NOVEMBER8 1, 2024, A VICTIMS AND WITNESSES ASSISTANCE AND LAW ENFORCEMENT9 BOARD FOR THE TWENTY -THIRD JUDICIAL DISTRICT IS CREATED. THE10 TWENTY-THIRD JUDICIAL DISTRICT ADMINISTRATIVE JUDGE SHALL APPOINT11 THE INITIAL BOARD FOR THE TWENTY-THIRD JUDICIAL DISTRICT PURSUANT12 TO SUBSECTIONS (1) TO (3) OF THIS SECTION. EFFECTIVE JANUARY 7, 2025,13 THE CHIEF JUDGE OF THE TWENTY -THIRD JUDICIAL DISTRICT HAS ALL14 APPOINTMENT AUTHORITIES AND DUTIES PURSUANT TO THIS SECTION .15 (b) T HIS SUBSECTION (1.5) IS REPEALED, EFFECTIVE JULY 1, 2025.16 SECTION 7. In Colorado Revised Statutes, 24-4.2-103, add (1.3)17 as follows:18 24-4.2-103. Victims and witnesses assistance and law19 enforcement fund - control of fund - repeal. (1.3) (a) T HE VICTIMS AND20 WITNESSES ASSISTANCE AND LAW ENFORCEMENT FUND FOR THE21 TWENTY-THIRD JUDICIAL DISTRICT IS ESTABLISHED IN THE OFFICE OF THE22 COURT ADMINISTRATOR FOR DOUGLAS, ELBERT, AND LINCOLN COUNTIES.23 T HE JUDICIAL DEPARTMENT SHALL COORDINATE WITH THE BOARD OF THE24 EIGHTEENTH JUDICIAL DISTRICT TO CREDIT MONEY RELATED TO DOUGLAS,25 E LBERT, AND LINCOLN COUNTIES ON AND AFTER APRIL 1, 2024, TO THE26 FUND FOR USE BY THE TWENTY -THIRD JUDICIAL DISTRICT FROM27 HB24-1013 -5- SURCHARGES COLLECTED ON OR AFTER APRIL 1, 2024, IN DOUGLAS,1 E LBERT, AND LINCOLN COUNTIES. MONEY FOR USE BY THE TWENTY-THIRD2 JUDICIAL DISTRICT VICTIMS AND WITNESSES ASSISTANCE AND LAW3 ENFORCEMENT BOARD MUST BE FORWARDED TO THE COURT4 ADMINISTRATOR AND DEPOSITED INTO THE FUND . THE FUND CONSISTS OF5 ALL MONEY COLLECTED AS A SURCHARGE ON AND AFTER APRIL 1, 2024,6 AS PROVIDED IN SECTION 24-4.2-104; MONEY PAID PURSUANT TO SECTION7 17-27-104 (4)(b)(IV); MONEY TRANSFERRED FROM THE MARIJUANA TAX8 FUND PURSUANT TO SECTION 39-28.8-501 (4.9)(c); AND ANY OTHER9 MONEY THE GENERAL ASSEMBLY MAY APPROPRIATE OR TRANSFER TO THE10 FUND. THE STATE COURT ADMINISTRATOR FOR THE TWENTY -THIRD11 JUDICIAL DISTRICT SHALL COMPLY WITH THE PROVISIONS OF THIS SECTION .12 (b) T HIS SUBSECTION (1.3) IS REPEALED, EFFECTIVE JULY 1, 2025.13 SECTION 8. In Colorado Revised Statutes, 24-4.2-105, add (6.5)14 as follows:15 24-4.2-105. Allocation of money from fund - application for16 grants - disbursements - repeal. (6.5) (a) T HE VICTIMS AND WITNESSES17 ASSISTANCE AND LAW ENFORCEMENT BOARD FOR THE EIGHTEENTH18 JUDICIAL DISTRICT, IN CONSULTATION WITH THE DISTRICT ATTORNEY FOR19 THE EIGHTEENTH JUDICIAL DISTRICT AND THE INTERIM CHIEF JUDGE FOR20 D OUGLAS, ELBERT, AND LINCOLN COUNTIES, HAS THE AUTHORITY TO21 CONTRACT FOR SERVICES CONSISTENT WITH THIS SECTION ON BEHALF OF22 THE BOARD FOR THE TWENTY-THIRD JUDICIAL DISTRICT FOR SERVICES AND23 GRANT APPLICATIONS TO BE PROVIDED FROM JULY 1, 2024, THROUGH JUNE24 30, 2025. THE EIGHTEENTH JUDICIAL DISTRICT VICTIMS AND WITNESSES25 ASSISTANCE AND LAW ENFORCEMENT BOARD SHALL REPORT TO THE26 DEPARTMENT OF PUBLIC SAFETY CONCERNING GRANTS APPLIED FOR AND27 HB24-1013 -6- SERVICES CONTRACTED FOR ON BEHALF OF THE TWENTY -THIRD JUDICIAL1 DISTRICT PURSUANT TO SECTION 24-4.2-108 (1).2 (b) T HIS SUBSECTION (6.5) IS REPEALED, EFFECTIVE JULY 1, 2025.3 SECTION 9. In Colorado Revised Statutes, 39-28.8-501, amend4 (4.9)(b) and (4.9)(c) as follows:5 39-28.8-501. Marijuana tax cash fund - creation - distribution6 - legislative declaration - repeal. (4.9) (b) (I) The state court7 administrator shall distribute the money transferred pursuant to subsection8 (4.9)(a)(II) of this section to the crime victim compensation fund in each9 judicial district in proportion to each district's percentage of total10 statewide surcharges collected pursuant to section 24-4.1-117 (2) for the11 three-year fiscal year period beginning July 1, 2016. The state court12 administrator shall not retain any money transferred pursuant to13 subsection (4.9)(a)(II) of this section for its administrative costs14 associated with making the distribution.15 (II) N OTWITHSTANDING SUBSECTION (4.9)(b)(I) OF THIS SECTION,16 ON AND AFTER JULY 1, 2024, THE STATE COURT ADMINISTRATOR SHALL17 DISTRIBUTE THE MONEY TRANSFERRED PURSUANT TO SUBSECTION18 (4.9)(a)(II) OF THIS SECTION:19 (A) T O THE EIGHTEENTH JUDICIAL DISTRICT CRIME VICTIM20 COMPENSATION FUND IN PROPORTION TO THE TOTAL SURCHARGES21 COLLECTED IN ARAPAHOE COUNTY FOR THE THREE -YEAR FISCAL YEAR22 PERIOD BEGINNING JULY 1, 2016; AND23 (B) T O THE TWENTY-THIRD JUDICIAL DISTRICT CRIME VICTIM24 COMPENSATION FUND IN PROPORTION TO THE TOTAL SURCHARGES25 COLLECTED IN DOUGLAS, ELBERT, AND LINCOLN COUNTIES FOR THE26 THREE-YEAR FISCAL YEAR PERIOD BEGINNING JULY 1, 2016.27 HB24-1013 -7- (c) (I) The state court administrator shall distribute the money1 transferred pursuant to subsection (4.9)(a)(III) of this section to the2 victims and witnesses assistance and law enforcement fund in each3 judicial district in proportion to each district's percentage of total4 statewide surcharges collected pursuant to section 24-4.2-103 (1) for the5 three-year fiscal year period beginning July 1, 2016. The state court6 administrator shall not retain any money transferred pursuant to7 subsection (4.9)(a)(III) of this section for its administrative costs8 associated with making the distribution.9 (II) N OTWITHSTANDING SUBSECTION (4.9)(c)(I) OF THIS SECTION,10 ON AND AFTER JULY 1, 2024, THE STATE COURT ADMINISTRATOR SHALL11 DISTRIBUTE THE MONEY TRANSFERRED PURSUANT TO SUBSECTION12 (4.9)(a)(III) OF THIS SECTION:13 (A) T O THE EIGHTEENTH JUDICIAL DISTRICT VICTIMS AND14 WITNESSES ASSISTANCE AND LAW ENFORCEMENT FUND IN PROPORTION TO15 THE TOTAL SURCHARGES COLLECTED IN ARAPAHOE COUNTY FOR THE16 THREE-YEAR FISCAL YEAR PERIOD BEGINNING JULY 1, 2016; AND17 (B) T O THE TWENTY-THIRD JUDICIAL DISTRICT VICTIMS AND18 WITNESSES ASSISTANCE AND LAW ENFORCEMENT FUND IN PROPORTION TO19 THE TOTAL SURCHARGES COLLECTED IN DOUGLAS, ELBERT, AND LINCOLN20 COUNTIES FOR THE THREE-YEAR FISCAL YEAR PERIOD BEGINNING JULY 1,21 2016.22 SECTION 10. Safety clause. The general assembly finds,23 determines, and declares that this act is necessary for the immediate24 preservation of the public peace, health, or safety or for appropriations for25 the support and maintenance of the departments of the state and state26 institutions.27 HB24-1013 -8-