Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 24-0712.01 Michael Dohr x4347
HOUSE BILL 24-1080
House Committees Senate Committees
Health & Human Services Health & Human Services
A BILL FOR AN ACT
C
ONCERNING REQUIREMENTS FOR YOUTH SPORTS PERSONNEL THAT101
IMPROVE THE SAFETY OF THE PARTICIPANTS .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 bill clarifies that a director, coach, assistant coach, or athletic
program personnel contracted by a private sports organization or program
is a mandatory reporter.
An organization that operates a youth athletic activity (youth sports
organization) is required to have each paid coach of the youth athletic
activity have a current CPR education certification. A "youth sports
SENATE
Amended 3rd Reading
May 1, 2024
SENATE
Amended 2nd Reading
April 30, 2024
HOUSE
3rd Reading Unamended
February 26, 2024
HOUSE
Amended 2nd Reading
February 23, 2024
HOUSE SPONSORSHIP
Parenti and Willford, Amabile, Boesenecker, Brown, Clifford, Duran, Epps, Froelich,
Garcia, Hamrick, Herod, Jodeh, Kipp, Lindsay, Lindstedt, Marvin, Mauro, Ortiz, Rutinel,
Story, Titone, Valdez, Vigil, Weissman
SENATE SPONSORSHIP
Danielson and Marchman, Buckner, Cutter, Fields, Ginal, Hansen, Kolker, Michaelson
Jenet, Priola, Sullivan, 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. organization" means a private for-profit or not-for-profit organization that
provides sports activities designed for the participation of youth 18 years
of age or younger. "Youth sports organization" does not include K-12
schools or institutions of higher education.
All youth sports organization employees and volunteers who work
directly with youth members, and any employee or volunteer who
accompanies the youth sports organization on any trip that includes one
or more overnight stays, must obtain a criminal history record check. A
volunteer who is not acting in the capacity of a coach or manager, who
only occasionally assists with the team, and who has an immediate family
member participating in the youth sports organization is not required to
obtain a criminal history record check. The bill creates a cause of action
for failing to conduct a background check.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly
2
finds and declares that:3
(a) Local governments and youth sports organizations provide4
opportunities to children to participate in organized sports;5
(b) Those children are often coached by adults they and their6
parents or legal guardians do not have a relationship with prior to7
organized sports;8
(c) Parents and legal guardians expect that their children will be9
safe from adult harm when they are competing in organized sports;10
(d) Ensuring that adults who coach youth sports have been vetted11
to gauge whether they would potentially harm a child is an important step12
in keeping kids safe while engaged in youth sports; and13
(e) Therefore, it is a good business practice to require background14
checks for employees and volunteers who are youth sports coaches.15
SECTION 2. In Colorado Revised Statutes, add part 4 to article16
4 of title 26.5 as follows:17
PART 418
1080-2- YOUTH SPORTS ORGANIZATIONS1
26.5-4-401. Definitions. A
S USED IN THIS ARTICLE 8, UNLESS THE
2
CONTEXT OTHERWISE REQUIRES :3
(1) "C
HAPERONE" MEANS A PERSON WHO ACCOMPANIES A YOUTH
4
SPORTS ORGANIZATION IN AN OFFICIAL CAPACITY ON ANY TRIP THAT5
INCLUDES ONE OR MORE OVERNIGHT STAYS .6
(2) "C
OACH" MEANS A PERSON EMPLOYED AS OR VOLUNTEERING
7
AS A COACH, MANAGER, OR SUPERVISOR OF A YOUTH ATHLETIC ACTIVITY8
BUT DOES NOT INCLUDE OCCASIONAL ASSISTANCE WITH OR SUPPORT OF9
THE YOUTH ATHLETIC ACTIVITY BY A PERSON , INCLUDING THE ACTION OF10
OTHER VOLUNTEERS OR EMPLOYEES OF THE YOUTH SPORTS OR GANIZATION11
IN A PASSING, GENERAL, OR NOMINAL MANNER.12
(3) "E
MPLOYMENT" MEANS ANY JOB OR POSITION IN WHICH ANY
13
PERSON MAY BE ENGAGED IN THE SERVICE OF A COACH OF A YOUTH14
ATHLETIC ACTIVITY BY A YOUTH SPORTS ORGANIZATION FOR A SALARY OR15
HOURLY WAGES, WHETHER FULL-TIME OR PART-TIME, AND WHETHER16
TEMPORARY OR PERMANENT .17
(4) "Y
OUTH ATHLETIC ACTIVITY" MEANS AN ORGANIZED ATHLETIC
18
ACTIVITY IN WHICH THE MAJORITY OF THE PARTICIPANTS ARE LESS THAN19
EIGHTEEN YEARS OF AGE AND ARE ENGAGING IN AN ORGANIZED ATHLETIC20
GAME, COMPETITION, OR TRAINING PROGRAM . "YOUTH ATHLETIC21
ACTIVITY" DOES NOT INCLUDE AN ATHLETIC ACTIVITY THAT IS INCIDENTAL22
TO A NONATHLETIC PROGRAM OR A LESSON .23
(5) (a) "Y
OUTH SPORTS ORGANIZATION " MEANS A PRIVATE
24
FOR-PROFIT OR NOT-FOR-PROFIT ORGANIZATION THAT, AS PART OF ITS25
CORE FUNCTION, PROVIDES PERSONS WHO ARE LESS THAN EIGHTEEN YEARS26
OF AGE THE OPPORTUNITY TO PARTICIPATE IN SCHEDULED COMPETITIVE OR27
1080
-3- RECREATIONAL SPORTING ACTIVITIES , WHETHER INDIVIDUALLY OR AS A1
TEAM, BUT DOES NOT INCLUDE A SPORTING ACTIVITY THAT IS INCIDENTAL2
TO A NONATHLETIC PROGRAM OR LESSON .3
(b) "Y
OUTH SPORTS ORGANIZATION " DOES NOT INCLUDE:
4
(I) A
NEIGHBORHOOD YOUTH ORGANIZATION AS DEFINED IN
5
SECTION 26.5-5-303;6
(II) A
PUBLIC OR PRIVATE SCHOOL SERVING ANY OF GRADES
7
KINDERGARTEN THROUGH TWELVE ;8
(III) A
LICENSED CHILD-CARE FACILITY;
9
(IV) A
PUBLIC OR PRIVATE INSTITUTION OF HIGHER EDUCATION; OR
10
(V) A
N ORGANIZATION THAT MERELY PROVIDES THE OPPORTUNITY
11
TO PARTICIPATE IN AN UNSUPERVISED , UNSCHEDULED COMPETITIVE OR12
RECREATIONAL SPORTING EVENT ON A WALK -IN BASIS.13
26.5-4-402. Organized youth athletic activities - CPR and first14
aid requirements. (1) (a) E
ACH YOUTH SPORTS ORGANIZATION SHALL
15
ENSURE THAT AT LEAST ONE ADULT WHO POSSESSES A CURRENT FIRST AID ,16
CPR,
AND AED CERTIFICATION IS PRESENT AT EACH YOUTH ATHLETIC
17
ACTIVITY.18
(b) A
YOUTH ATHLETIC ACTIVITY THAT IS CONDUCTED ENTIRELY
19
BY VOLUNTEERS FOR TRAINING PURPOSES ONLY IS EXEMPT FROM THIS20
SECTION, BUT THE VOLUNTEERS ARE STRONGLY ENCOURAGED TO POSSESS21
A CURRENT FIRST AID, CPR, AND AED CERTIFICATION.22
(2) (a) T
HE FIRST AID, CPR, AND AED EDUCATION COURSES
23
REQUIRED BY SUBSECTION (1) OF THIS SECTION MUST INCLUDE:24
(I) I
DENTIFYING SIGNS OF AND TREATING:
25
(A) H
EAT- AND COLD-RELATED CONDITIONS;
26
(B) E
XTERNAL BLEEDING;
27
1080
-4- (C) MUSCULAR AND SKELETAL INJURIES; AND1
(D) H
EAD, NECK, AND SPINAL INJURIES; AND
2
(II) C
ARDIOPULMONARY RESUSCITATION AND AUTOMATIC
3
EXTERNAL DEFIBRILLATOR TRAINING .4
(b) E
ACH YOUTH SPORTS ORGANIZATION MAY DESIGNATE SPECIFIC
5
EDUCATION COURSES AS SUFFICIENT TO MEET THE REQUIREMENTS OF6
SUBSECTION (1) OF THIS SECTION.7
(3) N
OTHING IN THIS ARTICLE 8 ABROGATES OR LIMITS THE
8
PROTECTIONS APPLICABLE TO PUBLIC ENTITIES AND PUBLIC EMPLOYEES9
PURSUANT TO THE "COLORADO GOVERNMENTAL IMMUNITY ACT",10
ARTICLE 10 OF TITLE 24; VOLUNTEERS AND BOARD MEMBERS PURSUANT11
TO SECTIONS 13-21-115.7 AND 13-21-116; OR SKI AREA OPERATORS12
PURSUANT TO SECTIONS 33-44-112 AND 33-44-113.13
26.5-4-403. Background checks required. (1) (a) (I) A
YOUTH
14
SPORTS ORGANIZATION OPERATING IN THE STATE OF COLORADO SHALL15
REQUIRE ALL COACHES AND CHAPERONES WHO WORK DIRECTLY , OR WILL16
WORK DIRECTLY, WITH YOUTH, TO OBTAIN, PRIOR TO STARTING THE WORK17
OR TAKING THE TRIP , AND EVERY THREE YEARS THEREAFTER , A18
SEVEN-YEAR CRIMINAL HISTORY RECORD CHECK THAT INCLUDES ALIASES19
OF THE COACH OR CHAPERONE , BY A PRIVATE ENTITY REGULATED AS A20
CONSUMER REPORTING AGENCY PURSUANT TO 15 U.S.C. SEC. 1681, ET21
SEQ., AND THAT DISCLOSES, AT A MINIMUM, SEXUAL OFFENSES AND22
FELONY CONVICTIONS AND INCLUDES A SOCIAL SECURITY NUMBER TRACE23
AND A SEARCH OF THE COLORADO JUDICIAL PUBLIC RECORDS ACCESS24
SYSTEM. FOR A COACH OR CHAPERONE WHO WAS HIRED OR APPROVED AS25
A COACH OR CHAPERONE PRIOR TO THE EFFECTIVE DATE OF THIS SECTION ,26
THE YOUTH SPORTS ORGANIZATION SHALL REQUIRE THE COACH OR27
1080
-5- CHAPERONE TO OBTAIN A CRIMINAL HISTORY RECORD CHECK THAT1
CONFORMS TO THIS SECTION WITHIN SIX MONTHS AFTER THE EFFECTIVE2
DATE OF THIS SECTION.3
(II)
IF A COACH OR CHAPERONE HAS LIVED OUTSIDE OF THE UNITED
4
S
TATES FOR MORE THAN ONE HUNDRED EIGHTY DAYS IN THE PAST TEN
5
YEARS OR FOR MORE THAN ONE HUNDRED EIGHTY DAYS AFTER THE6
COACH'S OR CHAPERONE'S LAST CRIMINAL HISTORY RECORD CHECK , THE7
COACH OR CHAPERONE SHALL ALSO OBTAIN AN INTERNATIONAL CRIMINAL8
HISTORY RECORD CHECK THAT INCLUDES ALIASES OF THE COACH OR9
CHAPERONE, AND THAT, AT A MINIMUM, DISCLOSES SEXUAL OFFENSES AND10
FELONY CONVICTIONS; EXCEPT THAT, IF THE COACH OR CHAPERONE IS IN11
THE COUNTRY ON AN INTERNATI ONAL WORK VISA , THEN THE COACH OR12
CHAPERONE IS EXEMPT FROM THIS SUBSECTION (1)(a)(II).13
(III)
THE CRIMINAL HISTORY RECORD CHECK MUST ASCERTAIN
14
WHETHER THE PERSON BEING INVESTIGATED HAS BEEN CONVICTED OF15
FELONY CHILD ABUSE AS SPECIFIED IN SECTION 18-6-401, A FELONY16
OFFENSE INVOLVING UNLAWFUL SEXUAL BEHAVIOR AS DEFINED IN17
SECTION 16-22-102 (9), A CRIME OF VIOLENCE AS DESCRIBED IN SECTION18
18-1.3-406,
A CRIME LISTED IN SECTION 18-1.3-406
(2)(a)(II), OR A19
COMPARABLE OFFENSE COMMITTED IN ANY OTHER STATE .20
(b) A
YOUTH SPORTS ORGANIZATION SHALL NOT HIRE A PERSON AS
21
A COACH OR APPROVE A PERSON AS A CHAPERONE AND SHALL TERMINATE22
A COACH OR REVOKE THE APPROVAL FOR A CHAPERONE IF A CRIMINAL23
HISTORY RECORD CHECK OF THE PERSON PERFORMED PURSUANT TO24
SUBSECTION (1)(a) OF THIS SECTION SHOWS THAT THE PERSON HAS BEEN25
CONVICTED OF FELONY CHILD ABUSE AS SPECIFIED IN SECTION 18-6-401,26
A FELONY OFFENSE INVOLVING UNLAWFUL SEXUAL BEHAVIOR AS DEFINED27
1080
-6- IN SECTION 16-22-102 (9), A CRIME OF VIOLENCE AS DESCRIBED IN SECTION1
18-1.3-406,
A CRIME LISTED IN SECTION 18-1.3-406
(2)(a)(II), OR ANY2
COMPARABLE OFFENSE COMMITTED IN ANOTHER STATE .3
(2) (a) A
PERSON, INCLUDING AN EMPLOYEE OR VOLUNTEER WHO
4
TAKES PART IN THE ACTIVITIES OF A YOUTH SPORTS ORGANIZATION BUT5
WHO IS NOT REQUIRED TO OBTAIN A CRIMINAL HISTORY RECORD CHECK6
PURSUANT TO THIS SECTION OR IS UNABLE TO OBTAIN A CRIMINAL HISTORY7
RECORD CHECK MUST AT ALL TIMES BE SUPERVISED BY A PERSON WHO HAS8
BEEN HIRED OR APPROVED AFTER OBTAINING A CRIMINAL HISTORY RECORD9
CHECK PURSUANT TO SUBSECTION (1) OF THIS SECTION.10
(b) N
OTWITHSTANDING ANY PROVISION OF THIS SECTION , A YOUTH
11
SPORTS ORGANIZATION IS NOT REQUIRED TO PERFORM A CRIMINAL12
HISTORY RECORD CHECK ON A VOLUNTEER WHO IS NOT ACTING IN THE13
CAPACITY OF A COACH OR MANAGER AND ONLY OCCASIONALLY ASSISTS14
IN A PASSING, GENERAL, OR NOMINAL MANNER. A VOLUNTEER DESCRIBED15
BY THIS SUBSECTION (2)(b) MUST BE SUPERVISED AT ALL TIMES BY A16
PERSON WHO HAS BEEN HIRED OR APPROVED AFTER OBTAINING A17
CRIMINAL HISTORY RECORD CHECK PURSUANT TO SUBSECTION (1) OF THIS18
SECTION.19
(3) A
YOUTH SPORTS ORGANIZATION MAY RELY ON THE RESULTS
20
OF A CRIMINAL HISTORY RECORD CHECK WHEN MAKING HIRING AND21
EMPLOYMENT DECISIONS AND WHEN MAKING THE DECISION TO ALLOW A22
PERSON TO ACT AS A CHAPERONE.23
SECTION 3. In Colorado Revised Statutes, add 13-80-103.4 as24
follows:25
13-80-103.4. Limitation of actions - failure to perform a26
background check by a youth sports organization - injury to a child27
1080
-7- - definitions. (1) A S USED IN THIS SECTION, UNLESS THE CONTEXT1
OTHERWISE REQUIRES:2
(a) "C
HILD" MEANS A PERSON WHO IS LESS THAN EIGHTEEN YEARS
3
OF AGE.4
(b) "L
OCAL GOVERNMENT" HAS THE SAME MEANING AS SET FORTH
5
IN SECTION 29-7.1-101.6
(c) "S
EXUAL OFFENSE AGAINST A CHILD" INCLUDES ALL OFFENSES
7
LISTED IN SECTION 18-3-411 (1).8
(d) "Y
OUTH SPORTS ORGANIZATION " HAS THE SAME MEANING AS
9
SET FORTH IN SECTION 26.5-4-401.10
(e) "Y
OUTH SPORTS REQUIRED BACKGROUND CHECK " MEANS A
11
BACKGROUND CHECK THAT COMPLIES WITH SECTION 26.5-4-403 OR12
29-7.1-102
OR 29-7.1-103.
13
(2) I
N BRINGING A CIVIL ACTION FOR FAILURE TO PERFORM A
14
YOUTH SPORTS REQUIRED BACKGROUND CHECK PURSUANT TO THIS15
SECTION, A PLAINTIFF SHALL MAKE A PRIMA FACIE SHOWING OF THE16
FOLLOWING FACTS AND CIRCUMSTANCES :17
(a) T
HE YOUTH SPORTS ORGANIZATION OR LOCAL GOVERNMENT ,
18
IN HIRING AN INDIVIDUAL TO WORK WITH CHILDREN OR IN A SETTING WITH19
CHILDREN, DID NOT PERFORM A YOUTH SPORTS REQUIRED BACKGROUND20
CHECK ON THE INDIVIDUAL, AND THE FAILURE TO CONDUCT THE REQUIRED21
BACKGROUND CHECK WAS THE RESULT OF THE YOUTH SPORTS22
ORGANIZATION'S OR LOCAL GOVERNMENT'S DELIBERATE INDIFFERENCE OR23
RECKLESS DISREGARD OF ITS OBLIGATION TO CONDUCT THE BACKGROUND24
CHECK AS PROVIDED BY LAW. ORDINARY NEGLIGENCE OR UNINTENTIONAL25
OVERSIGHT IS NOT SUFFICIENT.26
(b) T
HE YOUTH SPORTS ORGANIZATION OR LOCAL GOVERNMENT ,
27
1080
-8- IN HIRING AN INDIVIDUAL TO WORK WITH CHILDREN OR IN A SETTING WITH1
CHILDREN, PERFORMED A YOUTH SPORTS REQUIRED BACKGROUND CHECK2
OF THE INDIVIDUAL, AND THE REQUIRED BACKGROUND CHECK SHOWED3
THAT THE INDIVIDUAL WAS INELIGIBLE TO BE HIRED OR APPROVED4
PURSUANT TO SECTION 26.5-4-403 (1)(b), 29-7.1-102, OR 29-7.1-103;5
(c) T
HE INDIVIDUAL WAS NOT REQUIRED TO OBTAIN A CRIMINAL
6
HISTORY RECORD CHECK OR WAS UNABLE TO OBTAIN A CRIMINAL HISTORY7
RECORD CHECK AND THE YOUTH SPORTS ORGANIZATION OR LOCAL8
GOVERNMENT FAILED TO HAVE THE INDIVIDUAL SUPERVISED BY AN9
EMPLOYEE OR VOLUNTEER WHO WAS HIRED OR APPROVED AFTER10
OBTAINING A CRIMINAL HISTORY RECORD CHECK ;11
(d) T
HE INDIVIDUAL, AT THE TIME OF HIRING, WAS NOT ELIGIBLE
12
TO BE HIRED PURSUANT TO SECTION 26.5-4-403 (1)(b), 29-7.1-102, OR13
29-7.1-103;
AND
14
(e) T
HE INDIVIDUAL COMMI TTED ONE OF THE FOLLOWING
15
OFFENSES AGAINST A CHILD WITH WHOM THE INDIVIDUAL CAME IN16
CONTACT IN THE COURSE OF THE INDIVIDUAL 'S EMPLOYMENT WITH THE17
YOUTH SPORTS ORGANIZATION OR LOCAL GOVERNMENT :18
(I) S
EXUAL ASSAULT AS DESCRIBED IN SECTION 18-3-402;
19
(II) S
EXUAL OFFENSE AGAINST A CHILD;
20
(III) C
HILD ABUSE AS DESCRIBED IN SECTION 18-6-401;
21
(IV)
A CRIME OF VIOLENCE AS DESCRIBED IN SECTION
18-1.3-406;22
OR23
(V) A
CRIME LISTED IN SECTION 18-1.3-406 (2)(a)(II).
24
SECTION 4. In Colorado Revised Statutes, add article 7.1 to title25
29 as follows:26
ARTICLE 7.127
1080
-9- Local Government-sponsored Youth Athletic1
Activity Requirements2
29-7.1-101. Definitions. A
S USED IN THIS ARTICLE 7.1, UNLESS
3
THE CONTEXT OTHERWISE REQUIRES :4
(1) "C
HAPERONE" MEANS A PERSON WHO ACCOMPANIES A YOUTH
5
ATHLETIC ACTIVITY IN AN OFFICIAL CAPACITY ON ANY TRIP THAT6
INCLUDES ONE OR MORE OVERNIGHT STAYS .7
(2) "C
OACH" MEANS A PERSON EMPLOYED AS OR VOLUNTEERING
8
AS A COACH, MANAGER, OR SUPERVISOR OF A YOUTH ATHLETIC ACTIVITY9
BUT DOES NOT INCLUDE OCCASIONAL ASSISTANCE WITH OR SUPPORT OF10
THE YOUTH ATHLETIC ACTIVITY BY A PERSON , INCLUDING THE ACTION OF11
OTHER VOLUNTEERS OR EMPLOYEES OF THE LOCAL GOVERNMENT IN A12
PASSING, GENERAL, OR NOMINAL MANNER.13
(3) "E
MPLOYMENT" MEANS ANY JOB OR POSITION IN WHICH ANY
14
PERSON MAY BE ENGAGED IN THE SERVICE OF A COACH OF A YOUTH15
ATHLETIC ACTIVITY BY A LOCAL GOVERNMENT FOR SALARY OR HOURLY16
WAGES, WHETHER FULL TIME OR PART TIME, AND WHETHER TEMPORARY17
OR PERMANENT.18
(4) "L
OCAL GOVERNMENT" HAS THE SAME MEANING AS SET FORTH
19
IN SECTION 29-1-102.20
(5) "Y
OUTH ATHLETIC ACTIVITY" MEANS AN ORGANIZED ATHLETIC
21
ACTIVITY IN WHICH THE MAJORITY OF THE PARTICIPANTS ARE LESS THAN22
EIGHTEEN YEARS OF AGE AND ARE ENGAGING IN AN ORGANIZED ATHLETIC23
GAME, COMPETITION, OR TRAINING PROGRAM . "YOUTH ATHLETIC24
ACTIVITY" DOES NOT INCLUDE AN ATHLETIC ACTIVITY THAT IS INCIDENTAL25
TO A NONATHLETIC PROGRAM OR A LESSON .26
29-7.1-102. Criminal history record check for paid coaches -27
1080
-10- CPR and first aid training. (1) (a) (I) P RIOR TO THE EMPLOYMENT OF1
ANY PERSON AS A COACH OF OR APPROVAL AS A CHAPERONE FOR A YOUTH2
ATHLETIC ACTIVITY BY A LOCAL GOVERNMENT , THE LOCAL GOVERNMENT3
SHALL REQUIRE A SEVEN-YEAR CRIMINAL HISTORY RECORD CHECK OF THE4
PERSON BY A PRIVATE ENTITY REGULATED AS A CONSUMER REPORTING5
AGENCY PURSUANT TO 15 U.S.C. SEC. 1681, ET SEQ., THAT DISCLOSES, AT6
A MINIMUM, SEXUAL OFFENSES AND FELONY CONVICTIONS AND INCLUDES7
A SOCIAL SECURITY NUMBER TRACE AND A SEARCH OF THE COLORADO8
JUDICIAL PUBLIC RECORDS ACCESS SYSTEM .9
(II)
IF A COACH OR CHAPERONE HAS LIVED OUTSIDE OF THE UNITED
10
S
TATES FOR MORE THAN ONE HUNDRED EIGHTY DAYS IN THE PAST TEN
11
YEARS OR FOR MORE THAN ONE HUNDRED EIGHTY DAYS AFTER THE12
COACH'S OR CHAPERONE'S LAST CRIMINAL HISTORY RECORD CHECK WAS13
CONDUCTED, THE COACH OR CHAPERONE SHALL ALSO OBTAIN AN14
INTERNATIONAL CRIMINAL HISTORY RECORD CHECK , INCLUDING ALIASES15
OF THE COACH OR CHAPERONE, THAT, AT A MINIMUM, DISCLOSES SEXUAL16
OFFENSES AND FELONY CONVICTIONS ; EXCEPT THAT, IF THE COACH OR17
CHAPERONE IS IN THE COUNTRY ON AN INTERNATIONAL WORK VISA , THEN18
THE COACH OR CHAPERONE IS EXEMPT FROM THIS SUBSECTION (1)(a)(II).19
(b) E
ACH JULY 1, THE LOCAL GOVERNMENT SHALL REQUIRE A
20
CRIMINAL HISTORY RECORD CHECK IN CONFORMITY WITH THE PROVISIONS21
OF THIS SECTION OF EACH PERSON EMPLOYED AS A COACH OF A YOUTH22
ATHLETIC ACTIVITY WHO HAS NOT HAD A CRIMINAL HISTORY RECORD23
CHECK IN THE LAST THREE YEARS.24
(c)
THE CRIMINAL HISTORY RECORD CHECK MUST ASCERTAIN
25
WHETHER THE PERSON BEING INVESTIGATED HAS BEEN CONVICTED OF26
FELONY CHILD ABUSE AS SPECIFIED IN SECTION 18-6-401, A FELONY27
1080
-11- OFFENSE INVOLVING UNLAWFUL SEXUAL BEHAVIOR AS DEFINED IN1
SECTION 16-22-102 (9), A CRIME OF VIOLENCE AS DESCRIBED IN SECTION2
18-1.3-406,
A CRIME LISTED IN SECTION 18-1.3-406
(2)(a)(II), OR A3
COMPARABLE OFFENSE COMMITTED IN ANY OTHER STATE .4
(2) A
PERSON CONVICTED OF FELONY CHILD ABUSE AS SPECIFIED
5
IN SECTION 18-6-401, A FELONY OFFENSE INVOLVING UNLAWFUL SEXUAL6
BEHAVIOR AS DEFINED IN SECTION 16-22-102, A CRIME OF VIOLENCE AS7
DESCRIBED IN SECTION 18-1.3-406, A CRIME LISTED IN SECTION 18-1.3-4068
(2)(a)(II), OR A COMPARABLE CHILD ABUSE OR UNLAWFUL SEXUAL9
BEHAVIOR OFFENSE COMMITTED IN ANY OTHER STATE IS DISQUALIFIED10
FROM EMPLOYMENT AS A COACH OF A YOUTH ATHLETIC ACTIVITY .11
(3) A
PERSON, INCLUDING A COACH WHO TAKES PART IN THE
12
ACTIVITIES OF A YOUTH SPORTS ACTIVITY BUT WHO IS NOT REQUIRED TO13
OBTAIN A CRIMINAL HISTORY RECORD CHECK PURSUANT TO THIS SECTION14
OR IS UNABLE TO OBTAIN A CRIMINAL HISTORY RECORD CHECK SHALL AT15
ALL TIMES BE SUPERVISED BY A COACH WHO HAS BEEN HIRED OR16
APPROVED AFTER OBTAINING A CRIMINAL HISTORY RECORD CHECK17
PURSUANT TO SUBSECTION (1) OF THIS SECTION.18
(4) A
PERSON WHO ACTS AS AN EMPLOYED COACH OF A YOUTH
19
ATHLETIC ACTIVITY SHALL POSSESS A CURRENT FIRST AID, CPR, AND AED20
CERTIFICATION AS DESCRIBED IN SECTION 26.5-4-402 (2).21
29-7.1-103. Criminal history record check for volunteer22
coaches - CPR and first aid training. (1) (a) (I) P
RIOR TO THE START OF
23
ANY PERSON AS A VOLUNTEER COACH OF A YOUTH ATHLETIC ACTIVITY BY24
A LOCAL GOVERNMENT , THE LOCAL GOVERNMENT SHALL REQUIRE A25
SEVEN-YEAR CRIMINAL HISTORY RECORD CHECK OF THE PERSON BY A26
PRIVATE ENTITY REGULATED AS A CONSUMER REPORTING AGENCY27
1080
-12- PURSUANT TO 15 U.S.C. SEC. 1681, ET SEQ., THAT DISCLOSES, AT A1
MINIMUM, SEXUAL OFFENSES AND FELONY CONVICTIONS AND INCLUDES A2
SOCIAL SECURITY NUMBER TRACE AND A SEARCH OF THE COLORADO3
JUDICIAL PUBLIC RECORDS ACCESS SYSTEM .4
(II)
IF A VOLUNTEER COACH HAS LIVED OUTSIDE OF THE UNITED
5
S
TATES FOR MORE THAN ONE HUNDRED EIGHTY DAYS IN THE PAST TEN
6
YEARS OR FOR MORE THAN ONE HUNDRED EIGHTY DAYS AFTER THE7
VOLUNTEER COACH 'S LAST CRIMINAL HISTORY RECORD CHECK WAS8
CONDUCTED, THE VOLUNTEER COACH SHALL ALSO OBTAIN AN9
INTERNATIONAL CRIMINAL HISTORY RECORD CHECK , INCLUDING ALIASES10
OF THE VOLUNTEER COACH , THAT, AT A MINIMUM, DISCLOSES SEXUAL11
OFFENSES AND FELONY CONVICTIONS ; EXCEPT THAT, IF THE VOLUNTEER12
COACH IS IN THE COUNTRY ON AN INTERNATIONAL WORK VISA , THEN THE13
VOLUNTEER COACH IS EXEMPT FROM THIS SUBSECTION (1)(a)(II).14
(b)
THE CRIMINAL HISTORY RECORD CHECK MUST ASCERTAIN
15
WHETHER THE PERSON BEING INVESTIGATED HAS BEEN CONVICTED OF16
FELONY CHILD ABUSE AS SPECIFIED IN SECTION 18-6-401, A FELONY17
OFFENSE INVOLVING UNLAWFUL SEXUAL BEHAVIOR AS DEFINED IN18
SECTION 16-22-102 (9), A CRIME OF VIOLENCE AS DESCRIBED IN SECTION19
18-1.3-406,
A CRIME LISTED IN SECTION 18-1.3-406
(2)(a)(II), OR A20
COMPARABLE OFFENSE COMMITTED IN ANY OTHER STATE .21
(2) A PERSON CONVICTED OF FELONY CHILD ABUSE AS22
SPECIFIED IN SECTION 18-6-401, A FELONY OFFENSE INVOLVING UNLAWFUL23
SEXUAL BEHAVIOR AS DEFINED IN SECTION 16-22-102, A CRIME OF24
VIOLENCE AS DESCRIBED IN SECTION 18-1.3-406, A CRIME LISTED IN25
SECTION 18-1.3-406 (2)(a)(II), OR A COMPARABLE CHILD ABUSE OR26
UNLAWFUL SEXUAL BEHAVIOR OFFENS E COMMITTED IN ANY OTHER STATE27
1080
-13- IS DISQUALIFIED FROM ACTING AS AN UNSUPERVISED VOLUNTEER COACH1
OF A YOUTH ATHLETIC ACTIVITY.2
3
(3) (a) A
PERSON, INCLUDING A COACH OR VOLUNTEER WHO TAKES
4
PART IN THE ACTIVITIES OF A YOUTH SPORTS ORGANIZATION BUT WHO IS5
NOT REQUIRED TO OBTAIN A CRIMINAL HISTORY RECORD CHECK PURSUANT6
TO THIS SECTION OR IS UNABLE TO OBTAIN A CRIMINAL HISTORY RECORD7
CHECK MUST AT ALL TIMES BE SUPERVISED BY A COACH OR VOLUNTEER8
WHO HAS BEEN HIRED OR APPROVED AFTER OBTAINING A CRIMINAL9
HISTORY RECORD CHECK PURSUANT TO SUBSECTION (1) OF THIS SECTION.10
(b) N
OTWITHSTANDING ANY PROVISION OF THIS SECTION , A LOCAL
11
GOVERNMENT IS NOT REQUIRED TO PERFORM A CRIMINAL HISTORY RECORD12
CHECK ON A VOLUNTEER WHO IS NOT ACTING IN THE CAPACITY OF A13
COACH OR MANAGER AND ONLY OCCASIONALLY ASSISTS IN A PASSING ,14
GENERAL, OR NOMINAL MANNER . A VOLUNTEER DESCRIBED BY THIS15
SUBSECTION (3)(b) SHALL BE SUPERVISED AT ALL TIMES BY A VOLUNTEER16
COACH WHO HAS BEEN HIRED OR APPROVED AFTER OBTAINING A CRIMINAL17
HISTORY RECORD CHECK PURSUANT TO SUBSECTION (1) OF THIS SECTION.18
(4) A
PERSON WHO ACTS AS A VOLUNTEER COACH OF A YOUTH
19
ATHLETIC ACTIVITY SHALL POSSESS A CURRENT FIRST AID, CPR, AND AED20
CERTIFICATION AS DESCRIBED IN SECTION 26.5-4-402 (2).21
29-7.1-104. Criminal history record checks - fees - reliance -22
not an open record. (1) A
LOCAL GOVERNMENT MAY CHARGE A PERSON
23
ANY FEES FOR THE CRIMINAL HISTORY RECORD CHECK REQUIRED BY THIS24
ARTICLE 7.1.25
(2) T
HIS ARTICLE 7.1 DOES NOT REQUIRE A SECOND OR
26
SUBSEQUENT CRIMINAL HISTORY RECORD CHECK FOR A COACH OR27
1080
-14- VOLUNTEER COACH PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE 7.1.1
(3) A
LOCAL GOVERNMENT MAY RELY ON THE RESULTS OF THE
2
CRIMINAL HISTORY RECORD CHECK WHEN MAKING HIRING AND3
EMPLOYMENT DECISIONS AND WHEN MAKING THE DECISION TO ALLOW A4
PERSON TO ACT AS A VOLUNTEER COACH .5
(4) A
NY INFORMATION RECEIVED BY A LOCAL GOVERNMENT ON
6
THE CRIMINAL HISTORY RECORD CHECK FOR A COACH OR VOLUNTEER7
COACH AS REQUIRED BY THIS ARTICLE 7.1 IS NOT SUBJECT TO THE8
PROVISIONS OF PART 2 OF ARTICLE 72 OF TITLE 24.9
SECTION 5. Act subject to petition - effective date. This act10
takes effect at 12:01 a.m. on the day following the expiration of the11
ninety-day period after final adjournment of the general assembly; except12
that, if a referendum petition is filed pursuant to section 1 (3) of article V13
of the state constitution against this act or an item, section, or part of this14
act within such period, then the act, item, section, or part will not take15
effect unless approved by the people at the general election to be held in16
November 2024 and, in such case, will take effect on the date of the17
official declaration of the vote thereon by the governor.18
1080
-15-