HOUSE BILL 24-1013
BY REPRESENTATIVE(S) Hartsook and Lukens, Amabile, Armagost,
Bird, Bradley, Brown, Daugherty, Duran, Evans, Frizell, Froelich, Garcia,
Hamrick, Herod, Jodeh, Joseph, Lindsay, Lynch, Marshall, Martinez, Sirota,
Snyder, Story, Taggart, Titone, Valdez, Weinberg, Weissman, Willford,
Woodrow, Young, McCluskie;
also SENATOR(S) Pelton R. and Bridges, Baisley, Gardner, Hansen,
Lundeen, Mullica, Priola, Smallwood, Van Winkle, Will, Winter F.
C
ONCERNING VICTIM PROGRAMS IN THE NEW TWENTY -THIRD JUDICIAL
DISTRICT
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 24-4.1-103, add (4) as
follows:
24-4.1-103. Crime victim compensation board - created.
(4) (a) E
FFECTIVE NOVEMBER 1, 2024, A CRIME VICTIM COMPENSATION
BOARD FOR THE TWENTY
-THIRD JUDICIAL DISTRICT IS CREATED . THE
DISTRICT ATTORNEY FOR THE EIGHTEENTH JUDICIAL DISTRICT SHALL
APPOINT THE INITIAL BOARD OF THREE MEMBERS
, EACH OF WHOM MUST BE
RESIDENTS OF
DOUGLAS, ELBERT, OR LINCOLN COUNTIES. THE DISTRICT
________
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. ATTORNEY FOR THE EIGHTEENTH JUDICIAL DISTRICT SHALL DESIGNATE ONE
OF THE MEMBERS AS THE INITIAL CHAIR
. AFTER JANUARY 7, 2025, THE
DISTRICT ATTORNEY FOR THE TWENTY
-THIRD JUDICIAL DISTRICT SHALL
APPOINT BOARD MEMBERS FOR THAT JUDICIAL DISTRICT
, INCLUDING ANY
VACANCIES
. TO THE EXTENT POSSIBLE, MEMBERS MUST FAIRLY REFLECT THE
POPULATION OF THE TWENTY
-THIRD JUDICIAL DISTRICT.
(b) F
OR THE INITIAL BOARD, THE TERM OF OFFICE OF EACH MEMBER
OF THE TWENTY
-THIRD JUDICIAL DISTRICT BOARD IS FOURTEEN MONTHS .
T
HEREAFTER, THE TERM IS THREE YEARS; EXCEPT THAT, OF THOSE MEMBERS
FIRST APPOINTED BY THE TWENTY
-THIRD JUDICIAL DISTRICT ATTORNEY, THE
DISTRICT ATTORNEY SHALL APPOINT ONE FOR A THREE
-YEAR TERM, ONE FOR
A TWO
-YEAR TERM, AND ONE FOR A ONE-YEAR TERM. ALL OTHER TERMS AND
VACANCIES MUST BE CONSISTENT WITH SUBSECTION
(2) OF THIS SECTION.
(c) T
HE CRIME VICTIM COMPENSATION BOARD FOR THE
TWENTY
-THIRD JUDICIAL DISTRICT SHALL BEGIN AWARDING COMPENSATION
TO VICTIMS OF CRIMES ON OR AFTER
JANUARY 7, 2025.
SECTION 2. In Colorado Revised Statutes, amend 24-4.1-104 as
follows:
24-4.1-104. District attorney to assist board - repeal. (1) The
district attorney and his
THE DISTRICT ATTORNEY'S legal and administrative
staff shall assist the board in the performance of its duties pursuant to this
part 1.
(2) (a) T
HE DISTRICT ATTORNEY FOR THE EIGHTEENTH JUDICIAL
DISTRICT AND THE DISTRICT ATTORNEY
'S LEGAL AND ADMINISTRATIVE STAFF
SHALL ASSIST THE CRIME VICTIM COMPENSATION BOARD FOR THE
TWENTY
-THIRD JUDICIAL DISTRICT IN THE ESTABLISHMENT OF PROCEDURES
FOR PERFORMANCE OF ITS DUTIES PURSUANT TO THIS PART
1 UNTIL THE
DISTRICT ATTORNEY FOR THE TWENTY
-THIRD JUDICIAL DISTRICT ASSUMES
OFFICE
.
(b) T
HIS SUBSECTION (2) IS REPEALED, EFFECTIVE JULY 1, 2025.
SECTION 3. In Colorado Revised Statutes, 24-4.1-117, add (1.3)
as follows:
PAGE 2-HOUSE BILL 24-1013 24-4.1-117. Fund created - control of fund. (1.3) T HE CRIME
VICTIM COMPENSATION FUND FOR THE TWENTY
-THIRD JUDICIAL DISTRICT IS
ESTABLISHED IN THE OFFICE OF THE COURT ADMINISTRATOR FOR
DOUGLAS,
E
LBERT, AND LINCOLN COUNTIES. THE FUND CONSISTS OF ANY MONEY DUE
THE TWENTY
-THIRD JUDICIAL DISTRICT PURSUANT TO SUBSECTION (2) OF
THIS SECTION ON AND AFTER
JANUARY 7, 2025. THE JUDICIAL DEPARTMENT
SHALL COORDINATE WITH THE CRIME VICTIM COMPENSATION BOARD FOR THE
EIGHTEENTH JUDICIAL DISTRICT TO CREDIT MONEY PAID AS COSTS OR
SURCHARGES LEVIED ON CRIMINAL ACTIONS IN
DOUGLAS, ELBERT, AND
LINCOLN COUNTIES ON AND AFTER APRIL 1, 2024, TO THE FUND FOR USE BY
THE TWENTY
-THIRD JUDICIAL DISTRICT, FROM THE MONEY COLLECTED
PURSUANT TO SUBSECTION
(2) OF THIS SECTION ON OR AFTER APRIL 1, 2024,
IN DOUGLAS, ELBERT AND LINCOLN COUNTIES.
SECTION 4. In Colorado Revised Statutes, 24-4.1-117.3, add
(3)(a.5) as follows:
24-4.1-117.3. Crime victim services advisory board - creation -
duties - repeal. (3) The advisory board's powers and duties include, but are
not limited to, the following:
(a.5) (I) T
O PROVIDE CURRENT STANDARDS FOR THE CRIME VICTIM
COMPENSATION FUND FOR THE TWENTY
-THIRD JUDICIAL DISTRICT,
ESTABLISHED IN SECTION 24-4.1-117 (1.3), TO PREPARE THE CRIME VICTIM
COMPENSATION BOARD FOR THE TWENTY
-THIRD JUDICIAL DISTRICT TO
AWARD COMPENSATION PURSUANT TO THIS PART
1.
(II) T
HIS SUBSECTION (3)(a.5) IS REPEALED, EFFECTIVE JULY 1, 2025.
SECTION 5. In Colorado Revised Statutes, amend 24-4.1-118 as
follows:
24-4.1-118. Court administrator custodian of fund -
disbursements - repeal. (1) The court administrator of each judicial
district shall be
IS the custodian of the fund, and THE COURT
ADMINISTRATOR SHALL PAY
all disbursements from the fund shall be paidby him upon written authorization of the board or the court.
(2) (a) U
NTIL A JUDICIAL DISTRICT COURT ADMINISTRATOR FOR THE
TWENTY
-THIRD JUDICIAL DISTRICT IS APPOINTED , THE COURT
PAGE 3-HOUSE BILL 24-1013 ADMINISTRATOR FOR DOUGLAS, ELBERT, AND LINCOLN COUNTIES SHALL
ASSUME THE DUTIES DESCRIBED IN SUBSECTION
(1) OF THIS SECTION AND
SECTION
24-4.1-117.
(b) T
HIS SUBSECTION (2) IS REPEALED, EFFECTIVE JULY 1, 2025.
SECTION 6. In Colorado Revised Statutes, 24-4.2-101, add (1.5)
as follows:
24-4.2-101. Victims and witnesses assistance and law
enforcement board - creation. (1.5) E
FFECTIVE NOVEMBER 1, 2024, A
VICTIMS AND WITNESSES ASSISTANCE AND LAW ENFORCEMENT BOARD FOR
THE TWENTY
-THIRD JUDICIAL DISTRICT IS CREATED. THE TWENTY-THIRD
JUDICIAL DISTRICT ADMINISTRATIVE JUDGE SHALL APPOINT THE INITIAL
BOARD FOR THE TWENTY
-THIRD JUDICIAL DISTRICT PURSUANT TO
SUBSECTIONS
(1) TO (3) OF THIS SECTION. EFFECTIVE JANUARY 7, 2025, THE
CHIEF JUDGE OF THE TWENTY
-THIRD JUDICIAL DISTRICT HAS ALL
APPOINTMENT AUTHORITIES AND DUTIES PURSUANT TO THIS SECTION
.
SECTION 7. In Colorado Revised Statutes, 24-4.2-103, add (1.3)
as follows:
24-4.2-103. Victims and witnesses assistance and law
enforcement fund - control of fund. (1.3) T
HE VICTIMS AND WITNESSES
ASSISTANCE AND LAW ENFORCEMENT FUND FOR THE TWENTY
-THIRD
JUDICIAL DISTRICT IS ESTABLISHED IN THE OFFICE OF THE COURT
ADMINISTRATOR FOR
DOUGLAS, ELBERT, AND LINCOLN COUNTIES. THE
JUDICIAL DEPARTMENT SHALL COORDINATE WITH THE BOARD OF THE
EIGHTEENTH JUDICIAL DISTRICT TO CREDIT MONEY RELATED TO
DOUGLAS,
E
LBERT, AND LINCOLN COUNTIES ON AND AFTER APRIL 1, 2024, TO THE
FUND FOR USE BY THE TWENTY
-THIRD JUDICIAL DISTRICT FROM SURCHARGES
COLLECTED ON OR AFTER
APRIL 1, 2024, IN DOUGLAS, ELBERT, AND
LINCOLN COUNTIES. MONEY FOR USE BY THE TWENTY -THIRD JUDICIAL
DISTRICT VICTIMS AND WITNESSES ASSISTANCE AND LAW ENFORCEMENT
BOARD MUST BE FORWARDED TO THE COURT ADMINISTRATOR AND
DEPOSITED INTO THE FUND
. THE FUND CONSISTS OF ALL MONEY COLLECTED
AS A SURCHARGE ON AND AFTER
APRIL 1, 2024, AS PROVIDED IN SECTION
24-4.2-104; MONEY PAID PURSUANT TO SECTION 17-27-104 (4)(b)(IV);
MONEY TRANSFERRED FROM THE MARIJUANA TAX FUND PURSUANT TO
SECTION
39-28.8-501 (4.9)(c); AND ANY OTHER MONEY THE GENERAL
PAGE 4-HOUSE BILL 24-1013 ASSEMBLY MAY APPROPRIATE OR TRANSFER TO THE FUND . THE STATE COURT
ADMINISTRATOR FOR THE TWENTY
-THIRD JUDICIAL DISTRICT SHALL COMPLY
WITH THE PROVISIONS OF THIS SECTION
.
SECTION 8. In Colorado Revised Statutes, 24-4.2-105, add (6.5)
as follows:
24-4.2-105. Allocation of money from fund - application for
grants - disbursements - repeal. (6.5) (a) T
HE VICTIMS AND WITNESSES
ASSISTANCE AND LAW ENFORCEMENT BOARD FOR THE EIGH TEENTH JUDICIAL
DISTRICT
, IN CONSULTATION WITH THE DISTRICT ATTORNEY FOR THE
EIGHTEENTH JUDICIAL DISTRICT AND THE INTERIM CHIEF JUDGE FOR
DOUGLAS, ELBERT, AND LINCOLN COUNTIES, HAS THE AUTHORITY TO
CONTRACT FOR SERVICES CONSISTENT WITH THIS SECTION ON BEHALF OF THE
BOARD FOR THE TWENTY
-THIRD JUDICIAL DISTRICT FOR SERVICES AND
GRANT APPLICATIONS TO BE PROVIDED FROM
JULY 1, 2024, THROUGH JUNE
30, 2025. THE EIGHTEENTH JUDICIAL DIST RICT VICTIMS AND WITNESSES
ASSISTANCE AND LAW ENFORCEMENT BOARD SHALL REPORT TO THE
DEPARTMENT OF PUBLIC SAFETY CONCERNING GRANTS APPLIED FOR AND
SERVICES CONTRACTED FOR ON BEHALF OF THE TWENTY
-THIRD JUDICIAL
DISTRICT PURSUANT TO SECTION
24-4.2-108 (1).
(b) T
HIS SUBSECTION (6.5) IS REPEALED, EFFECTIVE JULY 1, 2025.
SECTION 9. In Colorado Revised Statutes, 39-28.8-501, amend
(4.9)(b) and (4.9)(c) as follows:
39-28.8-501. Marijuana tax cash fund - creation - distribution
- legislative declaration - repeal. (4.9) (b) (I) The state court administrator
shall distribute the money transferred pursuant to subsection (4.9)(a)(II) of
this section to the crime victim compensation fund in each judicial district
in proportion to each district's percentage of total statewide surcharges
collected pursuant to section 24-4.1-117 (2) for the three-year fiscal year
period beginning July 1, 2016. The state court administrator shall not retain
any money transferred pursuant to subsection (4.9)(a)(II) of this section for
its administrative costs associated with making the distribution.
(II) N
OTWITHSTANDING SUBSECTION (4.9)(b)(I) OF THIS SECTION, ON
AND AFTER
JULY 1, 2024, THE STATE COURT ADMINISTRATOR SHALL
PAGE 5-HOUSE BILL 24-1013 DISTRIBUTE THE MONEY TRANSFERRED PURSUANT TO SUBSECTION
(4.9)(a)(II) OF THIS SECTION:
(A) T
O THE EIGHTEENTH JUDICIAL DISTRICT CRIME VICTIM
COMPENSATION FUND IN PROPORTION TO THE TOTAL SURCHARGES
COLLECTED IN
ARAPAHOE COUNTY FOR THE THREE -YEAR FISCAL YEAR
PERIOD BEGINNING
JULY 1, 2016; AND
(B) TO THE TWENTY-THIRD JUDICIAL DISTRICT CRIME VICTIM
COMPENSATION FUND IN PROPORTION TO THE TOTAL SURCHARGES
COLLECTED IN
DOUGLAS, ELBERT, AND LINCOLN COUNTIES FOR THE
THREE
-YEAR FISCAL YEAR PERIOD BEGINNING JULY 1, 2016.
(c) (I) The state court administrator shall distribute the money
transferred pursuant to subsection (4.9)(a)(III) of this section to the victims
and witnesses assistance and law enforcement fund in each judicial district
in proportion to each district's percentage of total statewide surcharges
collected pursuant to section 24-4.2-103 (1) for the three-year fiscal year
period beginning July 1, 2016. The state court administrator shall not retain
any money transferred pursuant to subsection (4.9)(a)(III) of this section for
its administrative costs associated with making the distribution.
(II) N
OTWITHSTANDING SUBSECTION (4.9)(c)(I) OF THIS SECTION, ON
AND AFTER
JULY 1, 2024, THE STATE COURT ADMINISTRATOR SHALL
DISTRIBUTE THE MONEY TRANSFERRED PURSUANT TO SUBSECTION
(4.9)(a)(III) OF THIS SECTION:
(A) T
O THE EIGHTEENTH JUDICIAL DISTRICT VICTIMS AND WITNESSES
ASSISTANCE AND LAW ENFORCEMENT FUND IN PROPORTION TO THE TOTAL
SURCHARGES COLLECTED IN
ARAPAHOE COUNTY FOR THE THREE -YEAR
FISCAL YEAR PERIOD BEGINNING
JULY 1, 2016; AND
(B) TO THE TWENTY-THIRD JUDICIAL DISTRICT VICTIMS AND
WITNESSES ASSISTANCE AND LAW ENFORCEMENT FUND IN PROPORTION TO
THE TOTAL SURCHARGES COLLECTED IN
DOUGLAS, ELBERT, AND LINCOLN
COUNTIES FOR THE THREE
-YEAR FISCAL YEAR PERIOD BEGINNING JULY 1,
2016.
SECTION 10. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
PAGE 6-HOUSE BILL 24-1013 preservation of the public peace, health, or safety or for appropriations for
the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
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 7-HOUSE BILL 24-1013