Colorado 2024 2024 Regular Session

Colorado House Bill HB1013 Introduced / Bill

Filed 01/10/2024

                    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-