Second Regular Session Seventy-fourth General Assembly STATE OF COLORADO REREVISED This Version Includes All Amendments Adopted in the Second House LLS NO. 24-0605.01 Jerry Barry x4341 HOUSE BILL 24-1013 House Committees Senate Committees Judiciary 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. SENATE 3rd Reading Unamended March 1, 2024 SENATE 2nd Reading Unamended February 29, 2024 HOUSE 3rd Reading Unamended January 29, 2024 HOUSE Amended 2nd Reading January 26, 2024 HOUSE SPONSORSHIP Hartsook and Lukens, Amabile, Armagost, Bird, Bradley, Brown, Daugherty, Duran, Evans, Frizell, Froelich, Garcia, Hamrick, Herod, Jodeh, Joseph, Lindsay, Lynch, Marshall, Martinez, McCluskie, Sirota, Snyder, Story, Taggart, Titone, Valdez, Weinberg, Weissman, Willford, Woodrow, Young SENATE SPONSORSHIP Pelton R. and Bridges, Baisley, Gardner, Hansen, Lundeen, Mullica, Priola, Smallwood, Van Winkle, Will, Winter F. 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 (4) (a) E FFECTIVE NOVEMBER 1, 2024, A CRIME VICTIM COMPENSATION5 BOARD FOR THE TWENTY -THIRD JUDICIAL DISTRICT IS CREATED. THE6 DISTRICT ATTORNEY FOR THE EIGHTEENTH JUDICIAL DISTRICT SHALL7 APPOINT THE INITIAL BOARD OF THREE MEMBERS , EACH OF WHOM MUST BE8 RESIDENTS OF DOUGLAS, ELBERT, OR LINCOLN COUNTIES. THE DISTRICT9 ATTORNEY FOR THE EIGH TEENTH JUDICIAL DISTRICT SHALL DESIGNATE10 ONE OF THE MEMBERS AS THE INITIAL CHAIR. AFTER JANUARY 7, 2025, THE11 DISTRICT ATTORNEY FOR THE TWENTY -THIRD JUDICIAL DISTRICT SHALL12 APPOINT BOARD MEMBERS FOR THAT JUDICIAL DISTRICT , INCLUDING ANY13 VACANCIES. TO THE EXTENT POSSIBLE, MEMBERS MUST FAIRLY REFLECT14 THE POPULATION OF THE TWENTY -THIRD JUDICIAL DISTRICT.15 (b) F OR THE INITIAL BOARD, THE TERM OF OFFICE OF EACH16 MEMBER OF THE TWENTY -THIRD JUDICIAL DISTRICT BOARD IS FOURTEEN17 MONTHS. THEREAFTER, THE TERM IS THREE YEARS; EXCEPT THAT, OF18 THOSE MEMBERS FIRST APPOINTED BY THE TWENTY -THIRD JUDICIAL19 DISTRICT ATTORNEY, THE DISTRICT ATTORNEY SHALL APPOINT ONE FOR A20 THREE-YEAR TERM, ONE FOR A TWO-YEAR TERM, AND ONE FOR A21 ONE-YEAR TERM. ALL OTHER TERMS AND VACANCIES MUST BE22 CONSISTENT WITH SUBSECTION (2) OF THIS SECTION.23 (c) T HE CRIME VICTIM COMPENSATION BOARD FOR THE24 TWENTY-THIRD JUDICIAL DISTRICT SHALL BEGIN AWARDING25 COMPENSATION TO VICTIMS OF CRIMES ON OR AFTER JANUARY 7, 2025.26 1013-2- 1 SECTION 2. In Colorado Revised Statutes, amend 24-4.1-1042 as follows:3 24-4.1-104. District attorney to assist board - repeal. (1) The4 district attorney and his THE DISTRICT ATTORNEY 'S legal and5 administrative staff shall assist the board in the performance of its duties6 pursuant to this part 1.7 (2) (a) T HE DISTRICT ATTORNEY FOR THE EIGHTEENTH JUDICIAL8 DISTRICT AND THE DISTRICT ATTORNEY 'S LEGAL AND ADMINISTRATIVE9 STAFF SHALL ASSIST THE CRIME VICTIM COMPENSATION BOARD FOR THE10 TWENTY-THIRD JUDICIAL DISTRICT IN THE ESTABLISHMENT OF11 PROCEDURES FOR PERFORMANCE OF ITS DUTIES PURSUANT TO THIS PART12 1 UNTIL THE DISTRICT ATTORNEY FOR THE TWENTY -THIRD JUDICIAL13 DISTRICT ASSUMES OFFICE.14 (b) T HIS SUBSECTION (2) IS REPEALED, EFFECTIVE JULY 1, 2025.15 SECTION 3. In Colorado Revised Statutes, 24-4.1-117, add (1.3)16 as follows:17 24-4.1-117. Fund created - control of fund. (1.3) THE CRIME18 VICTIM COMPENSATION FUND FOR THE TWENTY -THIRD JUDICIAL DISTRICT19 IS ESTABLISHED IN THE OFFICE OF THE COURT ADMINISTRATOR FOR20 D OUGLAS, ELBERT, AND LINCOLN COUNTIES. THE FUND CONSISTS OF ANY21 MONEY DUE THE TWENTY -THIRD JUDICIAL DISTRICT PURSUANT TO22 SUBSECTION (2) OF THIS SECTION ON AND AFTER JANUARY 7, 2025. THE23 JUDICIAL DEPARTMENT SHALL COORDINATE WITH THE CRIME VICTIM24 COMPENSATION BOARD FOR THE EIGHTEENTH JUDICIAL DISTRICT TO25 CREDIT MONEY PAID AS COSTS OR SURCHARGES LEVIED ON CRIMINAL26 ACTIONS IN DOUGLAS, ELBERT, AND LINCOLN COUNTIES ON AND AFTER27 1013 -3- APRIL 1, 2024, TO THE FUND FOR USE BY THE TWENTY -THIRD JUDICIAL1 DISTRICT, FROM THE MONEY COLLECTED PURSUANT TO SUBSECTION (2) OF2 THIS SECTION ON OR AFTER APRIL 1, 2024, IN DOUGLAS, ELBERT AND3 L INCOLN COUNTIES.4 5 SECTION 4. In Colorado Revised Statutes, 24-4.1-117.3, add6 (3)(a.5) as follows:7 24-4.1-117.3. Crime victim services advisory board - creation8 - duties - repeal. (3) The advisory board's powers and duties include, but9 are not limited to, the following:10 (a.5) (I) T O PROVIDE CURRENT STANDARDS FOR THE CRIME VICTIM11 COMPENSATION FUND FOR THE TWENTY -THIRD JUDICIAL DISTRICT,12 ESTABLISHED IN SECTION 24-4.1-117 (1.3), TO PREPARE THE CRIME VICTIM13 COMPENSATION BOARD FOR THE TWENTY -THIRD JUDICIAL DISTRICT TO14 AWARD COMPENSATION PURSUANT TO THIS PART 1.15 (II) T HIS SUBSECTION (3)(a.5) IS REPEALED, EFFECTIVE JULY 1,16 2025.17 SECTION 5. In Colorado Revised Statutes, amend 24-4.1-11818 as follows:19 24-4.1-118. Court administrator custodian of fund -20 disbursements - repeal. (1) The court administrator of each judicial21 district shall be IS the custodian of the fund, and THE COURT22 ADMINISTRATOR SHALL PAY all disbursements from the fund shall be paid23 by him upon written authorization of the board or the court.24 (2) (a) U NTIL A JUDICIAL DISTRICT COURT ADMINISTRATOR FOR25 THE TWENTY-THIRD JUDICIAL DISTRICT IS APPOINTED , THE COURT26 ADMINISTRATOR FOR DOUGLAS, ELBERT, AND LINCOLN COUNTIES SHALL27 1013 -4- ASSUME THE DUTIES DESCRIBED IN SUBSECTION (1) OF THIS SECTION AND1 SECTION 24-4.1-117.2 (b) T HIS SUBSECTION (2) IS REPEALED, EFFECTIVE JULY 1, 2025.3 SECTION 6. In Colorado Revised Statutes, 24-4.2-101, add (1.5)4 as follows:5 24-4.2-101. Victims and witnesses assistance and law6 enforcement board - creation. (1.5) EFFECTIVE NOVEMBER 1, 2024, A7 VICTIMS AND WITNESSES ASSISTANCE AND LAW ENFORCEMENT BOARD FOR8 THE TWENTY-THIRD JUDICIAL DISTRICT IS CREATED. THE TWENTY-THIRD9 JUDICIAL DISTRICT ADMINISTRATIVE JUDGE SHALL APPOINT THE INITIAL10 BOARD FOR THE TWENTY -THIRD JUDICIAL DISTRICT PURSUANT TO11 SUBSECTIONS (1) TO (3) OF THIS SECTION. EFFECTIVE JANUARY 7, 2025,12 THE CHIEF JUDGE OF THE TWENTY -THIRD JUDICIAL DISTRICT HAS ALL13 APPOINTMENT AUTHORITIES AND DUTIES PURSUANT TO THIS SECTION .14 15 SECTION 7. In Colorado Revised Statutes, 24-4.2-103, add (1.3)16 as follows:17 24-4.2-103. Victims and witnesses assistance and law18 enforcement fund - control of fund. (1.3) THE VICTIMS AND WITNESSES19 ASSISTANCE AND LAW ENFORCEMENT FUND FOR THE TWENTY -THIRD20 JUDICIAL DISTRICT IS ESTABLISHED IN THE OFFICE OF THE COURT21 ADMINISTRATOR FOR DOUGLAS, ELBERT, AND LINCOLN COUNTIES. THE22 JUDICIAL DEPARTMENT SHALL COORDINATE WITH THE BOARD OF THE23 EIGHTEENTH JUDICIAL DISTRICT TO CREDIT MONEY RELATED TO DOUGLAS,24 E LBERT, AND LINCOLN COUNTIES ON AND AFTER APRIL 1, 2024, TO THE25 FUND FOR USE BY THE TWENTY -THIRD JUDICIAL DISTRICT FROM26 SURCHARGES COLLECTED ON OR AFTER APRIL 1, 2024, IN DOUGLAS,27 1013 -5- ELBERT, AND LINCOLN COUNTIES. MONEY FOR USE BY THE TWENTY-THIRD1 JUDICIAL DISTRICT VICTIMS AND WITNESSES ASSISTANCE AND LAW2 ENFORCEMENT BOARD MUST BE FORWARDED TO THE COURT3 ADMINISTRATOR AND DEPOSITED INTO THE FUND . THE FUND CONSISTS OF4 ALL MONEY COLLECTED AS A SURCHARGE ON AND AFTER APRIL 1, 2024,5 AS PROVIDED IN SECTION 24-4.2-104; MONEY PAID PURSUANT TO SECTION6 17-27-104 (4)(b)(IV); MONEY TRANSFERRED FROM THE MARIJUANA TAX7 FUND PURSUANT TO SECTION 39-28.8-501 (4.9)(c); AND ANY OTHER8 MONEY THE GENERAL ASSEMBLY MAY APPROPRIATE OR TRANSFER TO THE9 FUND. THE STATE COURT ADMINISTRATOR FOR THE TWENTY -THIRD10 JUDICIAL DISTRICT SHALL COMPLY WITH THE PROVISIONS OF THIS SECTION .11 12 SECTION 8. In Colorado Revised Statutes, 24-4.2-105, add (6.5)13 as follows:14 24-4.2-105. Allocation of money from fund - application for15 grants - disbursements - repeal. (6.5) (a) T HE VICTIMS AND WITNESSES16 ASSISTANCE AND LAW ENFORCEMENT BOARD FOR THE EIGHTEENTH17 JUDICIAL DISTRICT, IN CONSULTATION WITH THE DISTRICT ATTORNEY FOR18 THE EIGHTEENTH JUDICIAL DISTRICT AND THE INTERIM CHIEF JUDGE FOR19 D OUGLAS, ELBERT, AND LINCOLN COUNTIES, HAS THE AUTHORITY TO20 CONTRACT FOR SERVICES CONSISTENT WITH THIS SECTION ON BEHALF OF21 THE BOARD FOR THE TWENTY-THIRD JUDICIAL DISTRICT FOR SERVICES AND22 GRANT APPLICATIONS TO BE PROVIDED FROM JULY 1, 2024, THROUGH JUNE23 30, 2025. THE EIGHTEENTH JUDICIAL DISTRICT VICTIMS AND WITNESSES24 ASSISTANCE AND LAW ENFORCEMENT BOARD SHALL REPORT TO THE25 DEPARTMENT OF PUBLIC SAFETY CONCERNING GRANTS APPLIED FOR AND26 SERVICES CONTRACTED FOR ON BEHALF OF THE TWENTY -THIRD JUDICIAL27 1013 -6- DISTRICT PURSUANT TO SECTION 24-4.2-108 (1).1 (b) T HIS SUBSECTION (6.5) IS REPEALED, EFFECTIVE JULY 1, 2025.2 SECTION 9. In Colorado Revised Statutes, 39-28.8-501, amend3 (4.9)(b) and (4.9)(c) as follows:4 39-28.8-501. Marijuana tax cash fund - creation - distribution5 - legislative declaration - repeal. (4.9) (b) (I) The state court6 administrator shall distribute the money transferred pursuant to subsection7 (4.9)(a)(II) of this section to the crime victim compensation fund in each8 judicial district in proportion to each district's percentage of total9 statewide surcharges collected pursuant to section 24-4.1-117 (2) for the10 three-year fiscal year period beginning July 1, 2016. The state court11 administrator shall not retain any money transferred pursuant to12 subsection (4.9)(a)(II) of this section for its administrative costs13 associated with making the distribution.14 (II) N OTWITHSTANDING SUBSECTION (4.9)(b)(I) OF THIS SECTION,15 ON AND AFTER JULY 1, 2024, THE STATE COURT ADMINISTRATOR SHALL16 DISTRIBUTE THE MONEY TRANSFERRED PURSUANT TO SUBSECTION17 (4.9)(a)(II) OF THIS SECTION:18 (A) T O THE EIGHTEENTH JUDICIAL DISTRICT CRIME VICTIM19 COMPENSATION FUND IN PROPORTION TO THE TOTAL SURCHARGES20 COLLECTED IN ARAPAHOE COUNTY FOR THE THREE -YEAR FISCAL YEAR21 PERIOD BEGINNING JULY 1, 2016; AND22 (B) T O THE TWENTY-THIRD JUDICIAL DISTRICT CRIME VICTIM23 COMPENSATION FUND IN PROPORTION TO THE TOTAL SURCHARGES24 COLLECTED IN DOUGLAS, ELBERT, AND LINCOLN COUNTIES FOR THE25 THREE-YEAR FISCAL YEAR PERIOD BEGINNING JULY 1, 2016.26 (c) (I) The state court administrator shall distribute the money27 1013 -7- transferred pursuant to subsection (4.9)(a)(III) of this section to the1 victims and witnesses assistance and law enforcement fund in each2 judicial district in proportion to each district's percentage of total3 statewide surcharges collected pursuant to section 24-4.2-103 (1) for the4 three-year fiscal year period beginning July 1, 2016. The state court5 administrator shall not retain any money transferred pursuant to6 subsection (4.9)(a)(III) of this section for its administrative costs7 associated with making the distribution.8 (II) N OTWITHSTANDING SUBSECTION (4.9)(c)(I) OF THIS SECTION,9 ON AND AFTER JULY 1, 2024, THE STATE COURT ADMINISTRATOR SHALL10 DISTRIBUTE THE MONEY TRANSFERRED PURSUANT TO SUBSECTION11 (4.9)(a)(III) OF THIS SECTION:12 (A) T O THE EIGHTEENTH JUDICIAL DISTRICT VICTIMS AND13 WITNESSES ASSISTANCE AND LAW ENFORCEMENT FUND IN PROPORTION TO14 THE TOTAL SURCHARGES COLLECTED IN ARAPAHOE COUNTY FOR THE15 THREE-YEAR FISCAL YEAR PERIOD BEGINNING JULY 1, 2016; AND16 (B) T O THE TWENTY-THIRD JUDICIAL DISTRICT VICTIMS AND17 WITNESSES ASSISTANCE AND LAW ENFORCEMENT FUND IN PROPORTION TO18 THE TOTAL SURCHARGES COLLECTED IN DOUGLAS, ELBERT, AND LINCOLN19 COUNTIES FOR THE THREE-YEAR FISCAL YEAR PERIOD BEGINNING JULY 1,20 2016.21 SECTION 10. Safety clause. The general assembly finds,22 determines, and declares that this act is necessary for the immediate23 preservation of the public peace, health, or safety or for appropriations for24 the support and maintenance of the departments of the state and state25 institutions.26 1013 -8-