Colorado 2024 Regular Session

Colorado House Bill HB1080 Compare Versions

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1+Second Regular Session
2+Seventy-fourth General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 24-0712.01 Michael Dohr x4347
18 HOUSE BILL 24-1080
2-BY REPRESENTATIVE(S) Parenti and Willford, Amabile, Boesenecker,
3-Brown, Clifford, Duran, Epps, Froelich, Garcia, Hamrick, Herod, Jodeh,
4-Kipp, Lindsay, Lindstedt, Marvin, Mauro, Ortiz, Rutinel, Story, Titone,
5-Valdez, Vigil, Weissman, Mabrey, Young;
6-also SENATOR(S) Danielson and Marchman, Buckner, Cutter, Fields,
7-Ginal, Hansen, Kolker, Michaelson Jenet, Priola, Sullivan, Winter F.
9+House Committees Senate Committees
10+Health & Human Services Health & Human Services
11+A BILL FOR AN ACT
812 C
9-ONCERNING REQUIREMENTS FOR YOUTH SPORTS PERSONNEL THAT IMPROVE
10-THE SAFETY OF THE PARTICIPANTS
11-.
12-
13-Be it enacted by the General Assembly of the State of Colorado:
13+ONCERNING REQUIREMENTS FOR YOUTH SPORTS PERSONNEL THAT101
14+IMPROVE THE SAFETY OF THE PARTICIPANTS .102
15+Bill Summary
16+(Note: This summary applies to this bill as introduced and does
17+not reflect any amendments that may be subsequently adopted. If this bill
18+passes third reading in the house of introduction, a bill summary that
19+applies to the reengrossed version of this bill will be available at
20+http://leg.colorado.gov
21+.)
22+The bill clarifies that a director, coach, assistant coach, or athletic
23+program personnel contracted by a private sports organization or program
24+is a mandatory reporter.
25+An organization that operates a youth athletic activity (youth sports
26+organization) is required to have each paid coach of the youth athletic
27+activity have a current CPR education certification. A "youth sports
28+SENATE
29+Amended 3rd Reading
30+May 1, 2024
31+SENATE
32+Amended 2nd Reading
33+April 30, 2024
34+HOUSE
35+3rd Reading Unamended
36+February 26, 2024
37+HOUSE
38+Amended 2nd Reading
39+February 23, 2024
40+HOUSE SPONSORSHIP
41+Parenti and Willford, Amabile, Boesenecker, Brown, Clifford, Duran, Epps, Froelich,
42+Garcia, Hamrick, Herod, Jodeh, Kipp, Lindsay, Lindstedt, Marvin, Mauro, Ortiz, Rutinel,
43+Story, Titone, Valdez, Vigil, Weissman
44+SENATE SPONSORSHIP
45+Danielson and Marchman, Buckner, Cutter, Fields, Ginal, Hansen, Kolker, Michaelson
46+Jenet, Priola, Sullivan, Winter F.
47+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
48+Capital letters or bold & italic numbers indicate new material to be added to existing law.
49+Dashes through the words or numbers indicate deletions from existing law. organization" means a private for-profit or not-for-profit organization that
50+provides sports activities designed for the participation of youth 18 years
51+of age or younger. "Youth sports organization" does not include K-12
52+schools or institutions of higher education.
53+All youth sports organization employees and volunteers who work
54+directly with youth members, and any employee or volunteer who
55+accompanies the youth sports organization on any trip that includes one
56+or more overnight stays, must obtain a criminal history record check. A
57+volunteer who is not acting in the capacity of a coach or manager, who
58+only occasionally assists with the team, and who has an immediate family
59+member participating in the youth sports organization is not required to
60+obtain a criminal history record check. The bill creates a cause of action
61+for failing to conduct a background check.
62+Be it enacted by the General Assembly of the State of Colorado:1
1463 SECTION 1. Legislative declaration. (1) The general assembly
15-finds and declares that:
16-(a) Local governments and youth sports organizations provide
17-opportunities to children to participate in organized sports;
18-(b) Those children are often coached by adults they and their parents
19-or legal guardians do not have a relationship with prior to organized sports;
20-(c) Parents and legal guardians expect that their children will be safe
21-NOTE: This bill has been prepared for the signatures of the appropriate legislative
22-officers and the Governor. To determine whether the Governor has signed the bill
23-or taken other action on it, please consult the legislative status sheet, the legislative
24-history, or the Session Laws.
25-________
26-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
27-through words or numbers indicate deletions from existing law and such material is not part of
28-the act. from adult harm when they are competing in organized sports;
29-(d) Ensuring that adults who coach youth sports have been vetted to
30-gauge whether they would potentially harm a child is an important step in
31-keeping kids safe while engaged in youth sports; and
32-(e) Therefore, it is a good business practice to require background
33-checks for employees and volunteers who are youth sports coaches.
34-SECTION 2. In Colorado Revised Statutes, add part 4 to article 4
35-of title 26.5 as follows:
36-PART 4
37-YOUTH SPORTS ORGANIZATIONS
64+2
65+finds and declares that:3
66+(a) Local governments and youth sports organizations provide4
67+opportunities to children to participate in organized sports;5
68+(b) Those children are often coached by adults they and their6
69+parents or legal guardians do not have a relationship with prior to7
70+organized sports;8
71+(c) Parents and legal guardians expect that their children will be9
72+safe from adult harm when they are competing in organized sports;10
73+(d) Ensuring that adults who coach youth sports have been vetted11
74+to gauge whether they would potentially harm a child is an important step12
75+in keeping kids safe while engaged in youth sports; and13
76+(e) Therefore, it is a good business practice to require background14
77+checks for employees and volunteers who are youth sports coaches.15
78+SECTION 2. In Colorado Revised Statutes, add part 4 to article16
79+4 of title 26.5 as follows:17
80+PART 418
81+1080-2- YOUTH SPORTS ORGANIZATIONS1
3882 26.5-4-401. Definitions. A
3983 S USED IN THIS ARTICLE 8, UNLESS THE
40-CONTEXT OTHERWISE REQUIRES
41-:
84+2
85+CONTEXT OTHERWISE REQUIRES :3
4286 (1) "C
4387 HAPERONE" MEANS A PERSON WHO ACCOMPANIES A YOUTH
44-SPORTS ORGANIZATION IN AN OFFICIAL CAPACITY ON ANY TRIP THAT
45-INCLUDES ONE OR MORE OVERNIGHT STAYS
46-.
88+4
89+SPORTS ORGANIZATION IN AN OFFICIAL CAPACITY ON ANY TRIP THAT5
90+INCLUDES ONE OR MORE OVERNIGHT STAYS .6
4791 (2) "C
48-OACH" MEANS A PERSON EMPLOYED AS OR VOLUNTEERING AS
49-A COACH
50-, MANAGER, OR SUPERVISOR OF A YOUTH ATHLETIC ACTIVITY BUT
51-DOES NOT INCLUDE OCCASIONAL ASSISTANCE WITH OR SUPPORT OF THE
52-YOUTH ATHLETIC ACTIVITY BY A PERSON
53-, INCLUDING THE ACTION OF OTHER
54-VOLUNTEERS OR EMPLOYEES OF THE YOUTH SPORTS ORGANIZATION IN A
55-PASSING
56-, GENERAL, OR NOMINAL MANNER.
92+OACH" MEANS A PERSON EMPLOYED AS OR VOLUNTEERING
93+7
94+AS A COACH, MANAGER, OR SUPERVISOR OF A YOUTH ATHLETIC ACTIVITY8
95+BUT DOES NOT INCLUDE OCCASIONAL ASSISTANCE WITH OR SUPPORT OF9
96+THE YOUTH ATHLETIC ACTIVITY BY A PERSON , INCLUDING THE ACTION OF10
97+OTHER VOLUNTEERS OR EMPLOYEES OF THE YOUTH SPORTS OR GANIZATION11
98+IN A PASSING, GENERAL, OR NOMINAL MANNER.12
5799 (3) "E
58100 MPLOYMENT" MEANS ANY JOB OR POSITION IN WHICH ANY
59-PERSON MAY BE ENGAGED IN THE SERVICE OF A COACH OF A YOUTH
60-ATHLETIC ACTIVITY BY A YOUTH SPORTS ORGANIZATION FOR A SALARY OR
61-HOURLY WAGES
62-, WHETHER FULL-TIME OR PART-TIME, AND WHETHER
63-TEMPORARY OR PERMANENT
64-.
101+13
102+PERSON MAY BE ENGAGED IN THE SERVICE OF A COACH OF A YOUTH14
103+ATHLETIC ACTIVITY BY A YOUTH SPORTS ORGANIZATION FOR A SALARY OR15
104+HOURLY WAGES, WHETHER FULL-TIME OR PART-TIME, AND WHETHER16
105+TEMPORARY OR PERMANENT .17
65106 (4) "Y
66107 OUTH ATHLETIC ACTIVITY" MEANS AN ORGANIZED ATHLETIC
67-ACTIVITY IN WHICH THE MAJORITY OF THE PARTICIPANTS ARE LESS THAN
68-EIGHTEEN YEARS OF AGE AND ARE ENGAGING IN AN ORGANIZED ATHLETIC
69-GAME
70-, COMPETITION, OR TRAINING PROGRAM. "YOUTH ATHLETIC ACTIVITY"
71-DOES NOT INCLUDE AN ATHLETIC ACTIVITY THAT IS INCIDENTAL TO A
72-PAGE 2-HOUSE BILL 24-1080 NONATHLETIC PROGRAM OR A LESSON .
108+18
109+ACTIVITY IN WHICH THE MAJORITY OF THE PARTICIPANTS ARE LESS THAN19
110+EIGHTEEN YEARS OF AGE AND ARE ENGAGING IN AN ORGANIZED ATHLETIC20
111+GAME, COMPETITION, OR TRAINING PROGRAM . "YOUTH ATHLETIC21
112+ACTIVITY" DOES NOT INCLUDE AN ATHLETIC ACTIVITY THAT IS INCIDENTAL22
113+TO A NONATHLETIC PROGRAM OR A LESSON .23
73114 (5) (a) "Y
74115 OUTH SPORTS ORGANIZATION " MEANS A PRIVATE
75-FOR
76--PROFIT OR NOT-FOR-PROFIT ORGANIZATION THAT, AS PART OF ITS CORE
77-FUNCTION
78-, PROVIDES PERSONS WHO ARE LESS THAN EIGHTEEN YEARS OF AGE
79-THE OPPORTUNITY TO PARTICIPATE IN SCHEDULED COMPETITIVE OR
80-RECREATIONAL SPORTING ACTIVITIES
81-, WHETHER INDIVIDUALLY OR AS A
82-TEAM
83-, BUT DOES NOT INCLUDE A SPORTING ACTIVITY THAT IS INCIDENTAL TO
84-A NONATHLETIC PROGRAM OR LESSON
85-.
116+24
117+FOR-PROFIT OR NOT-FOR-PROFIT ORGANIZATION THAT, AS PART OF ITS25
118+CORE FUNCTION, PROVIDES PERSONS WHO ARE LESS THAN EIGHTEEN YEARS26
119+OF AGE THE OPPORTUNITY TO PARTICIPATE IN SCHEDULED COMPETITIVE OR27
120+1080
121+-3- RECREATIONAL SPORTING ACTIVITIES , WHETHER INDIVIDUALLY OR AS A1
122+TEAM, BUT DOES NOT INCLUDE A SPORTING ACTIVITY THAT IS INCIDENTAL2
123+TO A NONATHLETIC PROGRAM OR LESSON .3
86124 (b) "Y
87125 OUTH SPORTS ORGANIZATION " DOES NOT INCLUDE:
126+4
88127 (I) A
89- NEIGHBORHOOD YOUTH ORGANIZATION AS DEFINED IN SECTION
90-26.5-5-303;
128+ NEIGHBORHOOD YOUTH ORGANIZATION AS DEFINED IN
129+5
130+SECTION 26.5-5-303;6
91131 (II) A
92132 PUBLIC OR PRIVATE SCHOOL SERVING ANY OF GRADES
93-KINDERGARTEN THROUGH TWELVE
94-;
133+7
134+KINDERGARTEN THROUGH TWELVE ;8
95135 (III) A
96136 LICENSED CHILD-CARE FACILITY;
137+9
97138 (IV) A
98139 PUBLIC OR PRIVATE INSTITUTION OF HIGHER EDUCATION; OR
99-(V) AN ORGANIZATION THAT MERELY PROVIDES THE OPPORTUNITY
100-TO PARTICIPATE IN AN UNSUPERVISED
101-, UNSCHEDULED COMPETITIVE OR
102-RECREATIONAL SPORTING EVENT ON A WALK
103--IN BASIS.
104-26.5-4-402. Organized youth athletic activities - CPR and first
140+10
141+(V) A
142+N ORGANIZATION THAT MERELY PROVIDES THE OPPORTUNITY
143+11
144+TO PARTICIPATE IN AN UNSUPERVISED , UNSCHEDULED COMPETITIVE OR12
145+RECREATIONAL SPORTING EVENT ON A WALK -IN BASIS.13
146+26.5-4-402. Organized youth athletic activities - CPR and first14
105147 aid requirements. (1) (a) E
106148 ACH YOUTH SPORTS ORGANIZATION SHALL
107-ENSURE THAT AT LEAST ONE ADULT WHO POSSESSES A CURRENT FIRST AID
108-,
149+15
150+ENSURE THAT AT LEAST ONE ADULT WHO POSSESSES A CURRENT FIRST AID ,16
109151 CPR,
110152 AND AED CERTIFICATION IS PRESENT AT EACH YOUTH ATHLETIC
111-ACTIVITY
112-.
153+17
154+ACTIVITY.18
113155 (b) A
114- YOUTH ATHLETIC ACTIVITY THAT IS CONDUCTED ENTIRELY BY
115-VOLUNTEERS FOR TRAINING PURPOSES ONLY IS EXEMPT FROM THIS SECTION
116-,
117-BUT THE VOLUNTEERS ARE STRONGLY ENCOURAGED TO POSSESS A CURRENT
118-FIRST AID
119-, CPR, AND AED CERTIFICATION.
156+ YOUTH ATHLETIC ACTIVITY THAT IS CONDUCTED ENTIRELY
157+19
158+BY VOLUNTEERS FOR TRAINING PURPOSES ONLY IS EXEMPT FROM THIS20
159+SECTION, BUT THE VOLUNTEERS ARE STRONGLY ENCOURAGED TO POSSESS21
160+A CURRENT FIRST AID, CPR, AND AED CERTIFICATION.22
120161 (2) (a) T
121162 HE FIRST AID, CPR, AND AED EDUCATION COURSES
122-REQUIRED BY SUBSECTION
123-(1) OF THIS SECTION MUST INCLUDE:
124-PAGE 3-HOUSE BILL 24-1080 (I) IDENTIFYING SIGNS OF AND TREATING:
163+23
164+REQUIRED BY SUBSECTION (1) OF THIS SECTION MUST INCLUDE:24
165+(I) I
166+DENTIFYING SIGNS OF AND TREATING:
167+25
125168 (A) H
126169 EAT- AND COLD-RELATED CONDITIONS;
170+26
127171 (B) E
128172 XTERNAL BLEEDING;
129-(C) M
130-USCULAR AND SKELETAL INJURIES; AND
131-(D) HEAD, NECK, AND SPINAL INJURIES; AND
132-(II) CARDIOPULMONARY RESUSCITATION AND AUTOMATIC EXTERNAL
133-DEFIBRILLATOR TRAINING
134-.
173+27
174+1080
175+-4- (C) MUSCULAR AND SKELETAL INJURIES; AND1
176+(D) H
177+EAD, NECK, AND SPINAL INJURIES; AND
178+2
179+(II) C
180+ARDIOPULMONARY RESUSCITATION AND AUTOMATIC
181+3
182+EXTERNAL DEFIBRILLATOR TRAINING .4
135183 (b) E
136184 ACH YOUTH SPORTS ORGANIZATION MAY DESIGNATE SPECIFIC
137-EDUCATION COURSES AS SUFFICIENT TO MEET THE REQUIREMENTS OF
138-SUBSECTION
139-(1) OF THIS SECTION.
185+5
186+EDUCATION COURSES AS SUFFICIENT TO MEET THE REQUIREMENTS OF6
187+SUBSECTION (1) OF THIS SECTION.7
140188 (3) N
141189 OTHING IN THIS ARTICLE 8 ABROGATES OR LIMITS THE
142-PROTECTIONS APPLICABLE TO PUBLIC ENTITIES AND PUBLIC EMPLOYEES
143-PURSUANT TO THE
144-"COLORADO GOVERNMENTAL IMMUNITY ACT", ARTICLE
145-10 OF TITLE 24; VOLUNTEERS AND BOARD MEMBERS PURSUANT TO SECTIONS
146-13-21-115.7 AND 13-21-116; OR SKI AREA OPERATORS PURSUANT TO
147-SECTIONS
148-33-44-112 AND 33-44-113.
190+8
191+PROTECTIONS APPLICABLE TO PUBLIC ENTITIES AND PUBLIC EMPLOYEES9
192+PURSUANT TO THE "COLORADO GOVERNMENTAL IMMUNITY ACT",10
193+ARTICLE 10 OF TITLE 24; VOLUNTEERS AND BOARD MEMBERS PURSUANT11
194+TO SECTIONS 13-21-115.7 AND 13-21-116; OR SKI AREA OPERATORS12
195+PURSUANT TO SECTIONS 33-44-112 AND 33-44-113.13
149196 26.5-4-403. Background checks required. (1) (a) (I) A
150197 YOUTH
151-SPORTS ORGANIZATION OPERATING IN THE STATE OF
152-COLORADO SHALL
153-REQUIRE ALL COACHES AND CHAPERONES WHO WORK DIRECTLY
154-, OR WILL
155-WORK DIRECTLY
156-, WITH YOUTH, TO OBTAIN, PRIOR TO STARTING THE WORK
157-OR TAKING THE TRIP
158-, AND EVERY THREE YEARS THEREAFTER , A SEVEN-YEAR
159-CRIMINAL HISTORY RECORD CHECK THAT INCLUDES ALIASES OF THE COACH
160-OR CHAPERONE
161-, BY A PRIVATE ENTITY REGULATED AS A CONSUMER
162-REPORTING AGENCY PURSUANT TO
163-15 U.S.C. SEC. 1681, ET SEQ., AND THAT
164-DISCLOSES
165-, AT A MINIMUM, SEXUAL OFFENSES AND FELONY CONVICTIONS
166-AND INCLUDES A SOCIAL SECURITY NUMBER TRACE AND A SEARCH OF THE
167-COLORADO JUDICIAL PUBLIC RECORDS ACCESS SYSTEM . FOR A COACH OR
168-CHAPERONE WHO WAS HIRED OR A PPROVED AS A COACH OR CHAPERONE
169-PRIOR TO THE EFFECTIVE DATE OF THIS SECTION
170-, THE YOUTH SPORTS
171-ORGANIZATION SHALL REQUIRE THE COACH OR CHAPERONE TO OBTAIN A
172-CRIMINAL HISTORY RECORD CHECK THAT CONFORMS TO THIS SECTION
173-WITHIN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION
174-.
175-PAGE 4-HOUSE BILL 24-1080 (II) IF A COACH OR CHAPERONE HAS LIVED OUTSIDE OF THE UNITED
176-STATES FOR MORE THAN ONE HUNDRED EIGHTY DAYS IN THE PAST TEN
177-YEARS OR FOR MORE THAN ONE HUNDRED EIGHTY DAYS AFTER THE COACH
178-'S
179-OR CHAPERONE
180-'S LAST CRIMINAL HISTORY RECORD CHECK , THE COACH OR
181-CHAPERONE SHALL ALSO OBTAIN AN INTERNATIONAL CRIMINAL HISTORY
182-RECORD CHECK THAT INCLUDES ALIASES OF THE COACH OR CHAPERONE
183-, AND
184-THAT
185-, AT A MINIMUM , DISCLOSES SEXUAL OFFENSES AND FELONY
186-CONVICTIONS
187-; EXCEPT THAT, IF THE COACH OR CHAPERONE IS IN THE
188-COUNTRY ON AN INTERNATIONAL WORK VISA
189-, THEN THE COACH OR
190-CHAPERONE IS EXEMPT FROM THIS SUBSECTION
191- (1)(a)(II).
192-(III) T
193-HE CRIMINAL HISTORY RECORD CHECK MUST ASCERTAIN
194-WHETHER THE PERSON BEING INVESTIGATED HAS BEEN CONVICTED OF
195-FELONY CHILD ABUSE AS SPECIFIED IN SECTION
196-18-6-401, A FELONY OFFENSE
197-INVOLVING UNLAWFUL SEXUAL BEHAVIOR AS DEFINED IN SECTION
198-16-22-102
199-(9),
200- A CRIME OF VIOLENCE AS DESCRIBED IN SECTION 18-1.3-406, A CRIME
201-LISTED IN SECTION
202-18-1.3-406 (2)(a)(II), OR A COMPARABLE OFFENSE
203-COMMITTED IN ANY OTHER STATE
204-.
198+14
199+SPORTS ORGANIZATION OPERATING IN THE STATE OF COLORADO SHALL15
200+REQUIRE ALL COACHES AND CHAPERONES WHO WORK DIRECTLY , OR WILL16
201+WORK DIRECTLY, WITH YOUTH, TO OBTAIN, PRIOR TO STARTING THE WORK17
202+OR TAKING THE TRIP , AND EVERY THREE YEARS THEREAFTER , A18
203+SEVEN-YEAR CRIMINAL HISTORY RECORD CHECK THAT INCLUDES ALIASES19
204+OF THE COACH OR CHAPERONE , BY A PRIVATE ENTITY REGULATED AS A20
205+CONSUMER REPORTING AGENCY PURSUANT TO 15 U.S.C. SEC. 1681, ET21
206+SEQ., AND THAT DISCLOSES, AT A MINIMUM, SEXUAL OFFENSES AND22
207+FELONY CONVICTIONS AND INCLUDES A SOCIAL SECURITY NUMBER TRACE23
208+AND A SEARCH OF THE COLORADO JUDICIAL PUBLIC RECORDS ACCESS24
209+SYSTEM. FOR A COACH OR CHAPERONE WHO WAS HIRED OR APPROVED AS25
210+A COACH OR CHAPERONE PRIOR TO THE EFFECTIVE DATE OF THIS SECTION ,26
211+THE YOUTH SPORTS ORGANIZATION SHALL REQUIRE THE COACH OR27
212+1080
213+-5- CHAPERONE TO OBTAIN A CRIMINAL HISTORY RECORD CHECK THAT1
214+CONFORMS TO THIS SECTION WITHIN SIX MONTHS AFTER THE EFFECTIVE2
215+DATE OF THIS SECTION.3
216+(II)
217+ IF A COACH OR CHAPERONE HAS LIVED OUTSIDE OF THE UNITED
218+4
219+S
220+TATES FOR MORE THAN ONE HUNDRED EIGHTY DAYS IN THE PAST TEN
221+5
222+YEARS OR FOR MORE THAN ONE HUNDRED EIGHTY DAYS AFTER THE6
223+COACH'S OR CHAPERONE'S LAST CRIMINAL HISTORY RECORD CHECK , THE7
224+COACH OR CHAPERONE SHALL ALSO OBTAIN AN INTERNATIONAL CRIMINAL8
225+HISTORY RECORD CHECK THAT INCLUDES ALIASES OF THE COACH OR9
226+CHAPERONE, AND THAT, AT A MINIMUM, DISCLOSES SEXUAL OFFENSES AND10
227+FELONY CONVICTIONS; EXCEPT THAT, IF THE COACH OR CHAPERONE IS IN11
228+THE COUNTRY ON AN INTERNATI ONAL WORK VISA , THEN THE COACH OR12
229+CHAPERONE IS EXEMPT FROM THIS SUBSECTION (1)(a)(II).13
230+(III)
231+ THE CRIMINAL HISTORY RECORD CHECK MUST ASCERTAIN
232+14
233+WHETHER THE PERSON BEING INVESTIGATED HAS BEEN CONVICTED OF15
234+FELONY CHILD ABUSE AS SPECIFIED IN SECTION 18-6-401, A FELONY16
235+OFFENSE INVOLVING UNLAWFUL SEXUAL BEHAVIOR AS DEFINED IN17
236+SECTION 16-22-102 (9), A CRIME OF VIOLENCE AS DESCRIBED IN SECTION18
237+18-1.3-406,
238+ A CRIME LISTED IN SECTION 18-1.3-406
239+ (2)(a)(II), OR A19
240+COMPARABLE OFFENSE COMMITTED IN ANY OTHER STATE .20
205241 (b) A
206242 YOUTH SPORTS ORGANIZATION SHALL NOT HIRE A PERSON AS
207-A COACH OR APPROVE A PERSON AS A CHAPERONE AND SHALL TERMINATE A
208-COACH OR REVOKE THE APPROVAL FOR A CHAPERONE IF A CRIMINAL HISTORY
209-RECORD CHECK OF THE PERSON PERFORMED PURSUANT TO SUBSECTION
210-(1)(A) OF THIS SECTION SHOWS THAT THE PERSON HAS BEEN CONVICTED OF
211-FELONY CHILD ABUSE AS SPECIFIED IN SECTION
212-18-6-401, A FELONY OFFENSE
213-INVOLVING UNLAWFUL SEXUAL BE HAVIOR AS DEFINED IN SECTION
214-16-22-102
215-(9),
216- A CRIME OF VIOLENCE AS DESCRIBED IN SECTION 18-1.3-406, A CRIME
217-LISTED IN SECTION
218-18-1.3-406 (2)(a)(II), OR ANY COMPARABLE OFFENSE
219-COMMITTED IN ANOTHER STATE
220-.
243+21
244+A COACH OR APPROVE A PERSON AS A CHAPERONE AND SHALL TERMINATE22
245+A COACH OR REVOKE THE APPROVAL FOR A CHAPERONE IF A CRIMINAL23
246+HISTORY RECORD CHECK OF THE PERSON PERFORMED PURSUANT TO24
247+SUBSECTION (1)(a) OF THIS SECTION SHOWS THAT THE PERSON HAS BEEN25
248+CONVICTED OF FELONY CHILD ABUSE AS SPECIFIED IN SECTION 18-6-401,26
249+A FELONY OFFENSE INVOLVING UNLAWFUL SEXUAL BEHAVIOR AS DEFINED27
250+1080
251+-6- IN SECTION 16-22-102 (9), A CRIME OF VIOLENCE AS DESCRIBED IN SECTION1
252+18-1.3-406,
253+ A CRIME LISTED IN SECTION 18-1.3-406
254+ (2)(a)(II), OR ANY2
255+COMPARABLE OFFENSE COMMITTED IN ANOTHER STATE .3
221256 (2) (a) A
222257 PERSON, INCLUDING AN EMPLOYEE OR VOLUNTEER WHO
223-TAKES PART IN THE ACTIVITIES OF A YOUTH SPORTS ORGANIZATION BUT WHO
224-IS NOT REQUIRED TO OBTAIN A CRIMINAL HISTORY RECORD CHECK PURSUANT
225-TO THIS SECTION OR IS UNABLE TO OBTAIN A CRIMINAL HISTORY RECORD
226-CHECK MUST AT ALL TIMES BE SUPERVISED BY A PERSON WHO HAS BEEN
227-HIRED OR APPROVED AFTER OBTAINING A CRIMINAL HISTORY RECORD CHECK
228-PURSUANT TO SUBSECTION
229-(1) OF THIS SECTION.
258+4
259+TAKES PART IN THE ACTIVITIES OF A YOUTH SPORTS ORGANIZATION BUT5
260+WHO IS NOT REQUIRED TO OBTAIN A CRIMINAL HISTORY RECORD CHECK6
261+PURSUANT TO THIS SECTION OR IS UNABLE TO OBTAIN A CRIMINAL HISTORY7
262+RECORD CHECK MUST AT ALL TIMES BE SUPERVISED BY A PERSON WHO HAS8
263+BEEN HIRED OR APPROVED AFTER OBTAINING A CRIMINAL HISTORY RECORD9
264+CHECK PURSUANT TO SUBSECTION (1) OF THIS SECTION.10
230265 (b) N
231266 OTWITHSTANDING ANY PROVISION OF THIS SECTION , A YOUTH
232-SPORTS ORGANIZATION IS NOT REQUIRED TO PERFORM A CRIMINAL HISTORY
233-PAGE 5-HOUSE BILL 24-1080 RECORD CHECK ON A VOLUNTEER WHO IS NOT ACTING IN THE CAPACITY OF
234-A COACH OR MANAGER AND ONLY OCCASIONALLY ASSISTS IN A PASSING
235-,
236-GENERAL, OR NOMINAL MANNER . A VOLUNTEER DESCRIBED BY THIS
237-SUBSECTION
238- (2)(b) MUST BE SUPERVISED AT ALL TIMES BY A PERSON WHO
239-HAS BEEN HIRED OR APPROVED AFTER OBTAINING A CRIMINAL HISTORY
240-RECORD CHECK PURSUANT TO SUBSECTION
241-(1) OF THIS SECTION.
267+11
268+SPORTS ORGANIZATION IS NOT REQUIRED TO PERFORM A CRIMINAL12
269+HISTORY RECORD CHECK ON A VOLUNTEER WHO IS NOT ACTING IN THE13
270+CAPACITY OF A COACH OR MANAGER AND ONLY OCCASIONALLY ASSISTS14
271+IN A PASSING, GENERAL, OR NOMINAL MANNER. A VOLUNTEER DESCRIBED15
272+BY THIS SUBSECTION (2)(b) MUST BE SUPERVISED AT ALL TIMES BY A16
273+PERSON WHO HAS BEEN HIRED OR APPROVED AFTER OBTAINING A17
274+CRIMINAL HISTORY RECORD CHECK PURSUANT TO SUBSECTION (1) OF THIS18
275+SECTION.19
242276 (3) A
243- YOUTH SPORTS ORGANIZATION MAY RELY ON THE RESULTS OF
244-A CRIMINAL HISTORY RECORD CHECK WHEN MAKING HIRING AND
245-EMPLOYMENT DECISIONS AND WHEN MAKING THE DECISION TO ALLOW A
246-PERSON TO ACT AS A CHAPERONE
247-.
248-SECTION 3. In Colorado Revised Statutes, add 13-80-103.4 as
249-follows:
250-13-80-103.4. Limitation of actions - failure to perform a
251-background check by a youth sports organization - injury to a child -
252-definitions. (1) A
253-S USED IN THIS SECTION, UNLESS THE CONTEXT
254-OTHERWISE REQUIRES
255-:
277+ YOUTH SPORTS ORGANIZATION MAY RELY ON THE RESULTS
278+20
279+OF A CRIMINAL HISTORY RECORD CHECK WHEN MAKING HIRING AND21
280+EMPLOYMENT DECISIONS AND WHEN MAKING THE DECISION TO ALLOW A22
281+PERSON TO ACT AS A CHAPERONE.23
282+SECTION 3. In Colorado Revised Statutes, add 13-80-103.4 as24
283+follows:25
284+13-80-103.4. Limitation of actions - failure to perform a26
285+background check by a youth sports organization - injury to a child27
286+1080
287+-7- - definitions. (1) A S USED IN THIS SECTION, UNLESS THE CONTEXT1
288+OTHERWISE REQUIRES:2
256289 (a) "C
257-HILD" MEANS A PERSON WHO IS LESS THAN EIGHTEEN YEARS OF
258-AGE
259-.
290+HILD" MEANS A PERSON WHO IS LESS THAN EIGHTEEN YEARS
291+3
292+OF AGE.4
260293 (b) "L
261294 OCAL GOVERNMENT" HAS THE SAME MEANING AS SET FORTH
262-IN SECTION
263-29-7.1-101.
295+5
296+IN SECTION 29-7.1-101.6
264297 (c) "S
265298 EXUAL OFFENSE AGAINST A CHILD" INCLUDES ALL OFFENSES
266-LISTED IN SECTION
267-18-3-411 (1).
299+7
300+LISTED IN SECTION 18-3-411 (1).8
268301 (d) "Y
269-OUTH SPORTS ORGANIZATION" HAS THE SAME MEANING AS SET
270-FORTH IN SECTION
271-26.5-4-401.
302+OUTH SPORTS ORGANIZATION " HAS THE SAME MEANING AS
303+9
304+SET FORTH IN SECTION 26.5-4-401.10
272305 (e) "Y
273306 OUTH SPORTS REQUIRED BACKGROUND CHECK " MEANS A
274-BACKGROUND CHECK THAT COMPLIES WITH SECTION
275-26.5-4-403 OR
276-29-7.1-102 OR 29-7.1-103.
307+11
308+BACKGROUND CHECK THAT COMPLIES WITH SECTION 26.5-4-403 OR12
309+29-7.1-102
310+ OR 29-7.1-103.
311+13
277312 (2) I
278-N BRINGING A CIVIL ACTION FOR FAILURE TO PERFORM A YOUTH
279-SPORTS REQUIRED BACKGROUND CHECK PURSUANT TO THIS SECTION
280-, A
281-PLAINTIFF SHALL MAKE A PRIMA FACIE SHOWING OF THE FOLLOWING FACTS
282-AND CIRCUMSTANCES
283-:
284-PAGE 6-HOUSE BILL 24-1080 (a) THE YOUTH SPORTS ORGANIZATION OR LOCAL GOVERNMENT , IN
285-HIRING AN INDIVIDUAL TO WORK WITH CHILDREN OR IN A SETTING WITH
286-CHILDREN
287-, DID NOT PERFORM A YOUTH SPORTS REQUIRED BACKGROUND
288-CHECK ON THE INDIVIDUAL
289-, AND THE FAILURE TO CONDUCT THE REQUIRED
290-BACKGROUND CHECK WAS THE RESULT OF THE YOUTH SPORTS
291-ORGANIZATION
292-'S OR LOCAL GOVERNMENT'S DELIBERATE INDIFFERENCE OR
293-RECKLESS DISREGARD OF ITS OBLIGATION TO CONDUCT THE BACKGROUND
294-CHECK AS PROVIDED BY LAW
295-. ORDINARY NEGLIGENCE OR UNINTENTIONAL
296-OVERSIGHT IS NOT SUFFICIENT
297-.
313+N BRINGING A CIVIL ACTION FOR FAILURE TO PERFORM A
314+14
315+YOUTH SPORTS REQUIRED BACKGROUND CHECK PURSUANT TO THIS15
316+SECTION, A PLAINTIFF SHALL MAKE A PRIMA FACIE SHOWING OF THE16
317+FOLLOWING FACTS AND CIRCUMSTANCES :17
318+(a) T
319+HE YOUTH SPORTS ORGANIZATION OR LOCAL GOVERNMENT ,
320+18
321+IN HIRING AN INDIVIDUAL TO WORK WITH CHILDREN OR IN A SETTING WITH19
322+CHILDREN, DID NOT PERFORM A YOUTH SPORTS REQUIRED BACKGROUND20
323+CHECK ON THE INDIVIDUAL, AND THE FAILURE TO CONDUCT THE REQUIRED21
324+BACKGROUND CHECK WAS THE RESULT OF THE YOUTH SPORTS22
325+ORGANIZATION'S OR LOCAL GOVERNMENT'S DELIBERATE INDIFFERENCE OR23
326+RECKLESS DISREGARD OF ITS OBLIGATION TO CONDUCT THE BACKGROUND24
327+CHECK AS PROVIDED BY LAW. ORDINARY NEGLIGENCE OR UNINTENTIONAL25
328+OVERSIGHT IS NOT SUFFICIENT.26
298329 (b) T
299-HE YOUTH SPORTS ORGANIZATION OR LOCAL GOVERNMENT , IN
300-HIRING AN INDIVIDUAL TO WORK WITH CHILDREN OR IN A SETTING WITH
301-CHILDREN
302-, PERFORMED A YOUTH SPORTS REQUIRED BACKGR OUND CHECK OF
303-THE INDIVIDUAL
304-, AND THE REQUIRED BACKGROUND CHECK SHOWED THAT
305-THE INDIVIDUAL WAS INELIGIBLE TO BE HIRED OR APPROVED PURSUANT TO
306-SECTION
307-26.5-4-403 (1)(b), 29-7.1-102, OR 29-7.1-103;
330+HE YOUTH SPORTS ORGANIZATION OR LOCAL GOVERNMENT ,
331+27
332+1080
333+-8- IN HIRING AN INDIVIDUAL TO WORK WITH CHILDREN OR IN A SETTING WITH1
334+CHILDREN, PERFORMED A YOUTH SPORTS REQUIRED BACKGROUND CHECK2
335+OF THE INDIVIDUAL, AND THE REQUIRED BACKGROUND CHECK SHOWED3
336+THAT THE INDIVIDUAL WAS INELIGIBLE TO BE HIRED OR APPROVED4
337+PURSUANT TO SECTION 26.5-4-403 (1)(b), 29-7.1-102, OR 29-7.1-103;5
308338 (c) T
309339 HE INDIVIDUAL WAS NOT REQUIRED TO OBTAIN A CRIMINAL
310-HISTORY RECORD CHECK OR WAS UNABLE TO OBTAIN A CRIMINAL HISTORY
311-RECORD CHECK AND THE YOUTH SPORTS ORGANIZATION OR LOCAL
312-GOVERNMENT FAILED TO HAVE THE INDIVIDUAL SUPERVISED BY AN
313-EMPLOYEE OR VOLUNTEER WHO WAS HIRED OR APPROVED AFTER OBTAINING
314-A CRIMINAL HISTORY RECORD CHECK
315-;
340+6
341+HISTORY RECORD CHECK OR WAS UNABLE TO OBTAIN A CRIMINAL HISTORY7
342+RECORD CHECK AND THE YOUTH SPORTS ORGANIZATION OR LOCAL8
343+GOVERNMENT FAILED TO HAVE THE INDIVIDUAL SUPERVISED BY AN9
344+EMPLOYEE OR VOLUNTEER WHO WAS HIRED OR APPROVED AFTER10
345+OBTAINING A CRIMINAL HISTORY RECORD CHECK ;11
316346 (d) T
317-HE INDIVIDUAL, AT THE TIME OF HIRING, WAS NOT ELIGIBLE TO
318-BE HIRED PURSUANT TO SECTION
319-26.5-4-403 (1)(b), 29-7.1-102, OR
320-29-7.1-103; AND
321-(e) THE INDIVIDUAL COMMITTED ONE OF THE FOLLOWING OFFENSES
322-AGAINST A CHILD WITH WHOM THE INDIVIDUAL CAME IN CONTACT IN THE
323-COURSE OF THE INDIVIDUAL
324-'S EMPLOYMENT WITH THE YOUTH SPORTS
325-ORGANIZATION OR LOCAL GOVERNMENT
326-:
347+HE INDIVIDUAL, AT THE TIME OF HIRING, WAS NOT ELIGIBLE
348+12
349+TO BE HIRED PURSUANT TO SECTION 26.5-4-403 (1)(b), 29-7.1-102, OR13
350+29-7.1-103;
351+ AND
352+14
353+(e) T
354+HE INDIVIDUAL COMMI TTED ONE OF THE FOLLOWING
355+15
356+OFFENSES AGAINST A CHILD WITH WHOM THE INDIVIDUAL CAME IN16
357+CONTACT IN THE COURSE OF THE INDIVIDUAL 'S EMPLOYMENT WITH THE17
358+YOUTH SPORTS ORGANIZATION OR LOCAL GOVERNMENT :18
327359 (I) S
328360 EXUAL ASSAULT AS DESCRIBED IN SECTION 18-3-402;
361+19
329362 (II) S
330363 EXUAL OFFENSE AGAINST A CHILD;
364+20
331365 (III) C
332366 HILD ABUSE AS DESCRIBED IN SECTION 18-6-401;
367+ 21
333368 (IV)
334- A CRIME OF VIOLENCE AS DESCRIBED IN SECTION 18-1.3-406; OR
335-PAGE 7-HOUSE BILL 24-1080 (V) A CRIME LISTED IN SECTION 18-1.3-406 (2)(a)(II).
336-SECTION 4. In Colorado Revised Statutes, add article 7.1 to title
337-29 as follows:
338-ARTICLE 7.1
339-Local Government-sponsored Youth Athletic
340-Activity Requirements
369+ A CRIME OF VIOLENCE AS DESCRIBED IN SECTION
370+ 18-1.3-406;22
371+OR23
372+(V) A
373+ CRIME LISTED IN SECTION 18-1.3-406 (2)(a)(II).
374+24
375+SECTION 4. In Colorado Revised Statutes, add article 7.1 to title25
376+29 as follows:26
377+ARTICLE 7.127
378+1080
379+-9- Local Government-sponsored Youth Athletic1
380+Activity Requirements2
341381 29-7.1-101. Definitions. A
342-S USED IN THIS ARTICLE 7.1, UNLESS THE
343-CONTEXT OTHERWISE REQUIRES
344-:
382+S USED IN THIS ARTICLE 7.1, UNLESS
383+3
384+THE CONTEXT OTHERWISE REQUIRES :4
345385 (1) "C
346386 HAPERONE" MEANS A PERSON WHO ACCOMPANIES A YOUTH
347-ATHLETIC ACTIVITY IN AN OFFICIAL CAPACITY ON ANY TRIP THAT INCLUDES
348-ONE OR MORE OVERNIGHT STAYS
349-.
387+5
388+ATHLETIC ACTIVITY IN AN OFFICIAL CAPACITY ON ANY TRIP THAT6
389+INCLUDES ONE OR MORE OVERNIGHT STAYS .7
350390 (2) "C
351-OACH" MEANS A PERSON EMPLOYED AS OR VOLUNTEERING AS
352-A COACH
353-, MANAGER, OR SUPERVISOR OF A YOUTH ATHLETIC ACTIVITY BUT
354-DOES NOT INCLUDE OCCASIONAL ASSISTANCE WITH OR SUPPORT OF THE
355-YOUTH ATHLETIC ACTIVITY BY A PERSON
356-, INCLUDING THE ACTION OF OTHER
357-VOLUNTEERS OR EMPLOYEES OF THE LOCAL GOVERNMENT IN A PASSING
358-,
359-GENERAL, OR NOMINAL MANNER.
391+OACH" MEANS A PERSON EMPLOYED AS OR VOLUNTEERING
392+8
393+AS A COACH, MANAGER, OR SUPERVISOR OF A YOUTH ATHLETIC ACTIVITY9
394+BUT DOES NOT INCLUDE OCCASIONAL ASSISTANCE WITH OR SUPPORT OF10
395+THE YOUTH ATHLETIC ACTIVITY BY A PERSON , INCLUDING THE ACTION OF11
396+OTHER VOLUNTEERS OR EMPLOYEES OF THE LOCAL GOVERNMENT IN A12
397+PASSING, GENERAL, OR NOMINAL MANNER.13
360398 (3) "E
361399 MPLOYMENT" MEANS ANY JOB OR POSITION IN WHICH ANY
362-PERSON MAY BE ENGAGED IN THE SERVICE OF A COACH OF A YOUTH
363-ATHLETIC ACTIVITY BY A LOCAL GOVERNMENT FOR SALARY OR HOURLY
364-WAGES
365-, WHETHER FULL TIME OR PART TIME, AND WHETHER TEMPORARY OR
366-PERMANENT
367-.
400+14
401+PERSON MAY BE ENGAGED IN THE SERVICE OF A COACH OF A YOUTH15
402+ATHLETIC ACTIVITY BY A LOCAL GOVERNMENT FOR SALARY OR HOURLY16
403+WAGES, WHETHER FULL TIME OR PART TIME, AND WHETHER TEMPORARY17
404+OR PERMANENT.18
368405 (4) "L
369406 OCAL GOVERNMENT" HAS THE SAME MEANING AS SET FORTH
370-IN SECTION
371-29-1-102.
407+19
408+IN SECTION 29-1-102.20
372409 (5) "Y
373410 OUTH ATHLETIC ACTIVITY" MEANS AN ORGANIZED ATHLETIC
374-ACTIVITY IN WHICH THE MAJORITY OF THE PARTICIPANTS ARE LESS THAN
375-EIGHTEEN YEARS OF AGE AND ARE ENGAGING IN AN ORGANIZED ATHLETIC
376-GAME
377-, COMPETITION, OR TRAINING PROGRAM. "YOUTH ATHLETIC ACTIVITY"
378-DOES NOT INCLUDE AN ATHLETIC ACTIVITY THAT IS INCIDENTAL TO A
379-NONATHLETIC PROGRAM OR A LESSON
380-.
381-29-7.1-102. Criminal history record check for paid coaches -
382-PAGE 8-HOUSE BILL 24-1080 CPR and first aid training. (1) (a) (I) P RIOR TO THE EMPLOYMENT OF ANY
383-PERSON AS A COACH OF OR APPROVAL AS A CHAPERONE FOR A YOUTH
384-ATHLETIC ACTIVITY BY A LOCAL GOVERNMENT
385-, THE LOCAL GOVERNMENT
386-SHALL REQUIRE A SEVEN
387--YEAR CRIMINAL HISTORY RECORD CHECK OF THE
388-PERSON BY A PRIVATE ENTITY REGULATED AS A CONSUMER REPORTING
389-AGENCY PURSUANT TO
390-15 U.S.C. SEC. 1681, ET SEQ., THAT DISCLOSES, AT A
391-MINIMUM
392-, SEXUAL OFFENSES AND FELONY CONVICTIONS AND INCLUDES A
393-SOCIAL SECURITY NUMBER TRACE AND A SEARCH OF THE
394-COLORADO
395-JUDICIAL PUBLIC RECORDS ACCESS SYSTEM
396-.
411+21
412+ACTIVITY IN WHICH THE MAJORITY OF THE PARTICIPANTS ARE LESS THAN22
413+EIGHTEEN YEARS OF AGE AND ARE ENGAGING IN AN ORGANIZED ATHLETIC23
414+GAME, COMPETITION, OR TRAINING PROGRAM . "YOUTH ATHLETIC24
415+ACTIVITY" DOES NOT INCLUDE AN ATHLETIC ACTIVITY THAT IS INCIDENTAL25
416+TO A NONATHLETIC PROGRAM OR A LESSON .26
417+29-7.1-102. Criminal history record check for paid coaches -27
418+1080
419+-10- CPR and first aid training. (1) (a) (I) P RIOR TO THE EMPLOYMENT OF1
420+ANY PERSON AS A COACH OF OR APPROVAL AS A CHAPERONE FOR A YOUTH2
421+ATHLETIC ACTIVITY BY A LOCAL GOVERNMENT , THE LOCAL GOVERNMENT3
422+SHALL REQUIRE A SEVEN-YEAR CRIMINAL HISTORY RECORD CHECK OF THE4
423+PERSON BY A PRIVATE ENTITY REGULATED AS A CONSUMER REPORTING5
424+AGENCY PURSUANT TO 15 U.S.C. SEC. 1681, ET SEQ., THAT DISCLOSES, AT6
425+A MINIMUM, SEXUAL OFFENSES AND FELONY CONVICTIONS AND INCLUDES7
426+A SOCIAL SECURITY NUMBER TRACE AND A SEARCH OF THE COLORADO8
427+JUDICIAL PUBLIC RECORDS ACCESS SYSTEM .9
397428 (II)
398429 IF A COACH OR CHAPERONE HAS LIVED OUTSIDE OF THE UNITED
399-STATES FOR MORE THAN ONE HUNDRED EIGHTY DAYS IN THE PAST TEN
400-YEARS OR FOR MORE THAN ONE HUNDRED EIGHTY DAYS AFTER THE COACH
401-'S
402-OR CHAPERONE
403-'S LAST CRIMINAL HISTORY RECORD CHECK WAS CONDUCTED ,
404-THE COACH OR CHAPERONE SHALL ALSO OBTAIN AN INTERNATIONAL
405-CRIMINAL HISTORY RECORD CHECK
406-, INCLUDING ALIASES OF THE COACH OR
407-CHAPERONE
408-, THAT, AT A MINIMUM, DISCLOSES SEXUAL OFFENSES AND
409-FELONY CONVICTIONS
410-; EXCEPT THAT, IF THE COACH OR CHAPERONE IS IN THE
411-COUNTRY ON AN INTERNATIONAL WORK VISA
412-, THEN THE COACH OR
413-CHAPERONE IS EXEMPT FROM THIS SUBSECTION
414- (1)(a)(II).
430+10
431+S
432+TATES FOR MORE THAN ONE HUNDRED EIGHTY DAYS IN THE PAST TEN
433+11
434+YEARS OR FOR MORE THAN ONE HUNDRED EIGHTY DAYS AFTER THE12
435+COACH'S OR CHAPERONE'S LAST CRIMINAL HISTORY RECORD CHECK WAS13
436+CONDUCTED, THE COACH OR CHAPERONE SHALL ALSO OBTAIN AN14
437+INTERNATIONAL CRIMINAL HISTORY RECORD CHECK , INCLUDING ALIASES15
438+OF THE COACH OR CHAPERONE, THAT, AT A MINIMUM, DISCLOSES SEXUAL16
439+OFFENSES AND FELONY CONVICTIONS ; EXCEPT THAT, IF THE COACH OR17
440+CHAPERONE IS IN THE COUNTRY ON AN INTERNATIONAL WORK VISA , THEN18
441+THE COACH OR CHAPERONE IS EXEMPT FROM THIS SUBSECTION (1)(a)(II).19
415442 (b) E
416443 ACH JULY 1, THE LOCAL GOVERNMENT SHALL REQUIRE A
417-CRIMINAL HISTORY RECORD CHECK IN CONFORMITY WITH THE PROVISIONS
418-OF THIS SECTION OF EACH PERSON EMPLOYED AS A COACH OF A YOUTH
419-ATHLETIC ACTIVITY WHO HAS NOT HAD A CRIMINAL HISTORY RECORD CHECK
420-IN THE LAST THREE YEARS
421-.
422-(c) T
423-HE CRIMINAL HISTORY RECORD CHECK MUST ASCERTAIN
424-WHETHER THE PERSON BEING INVESTIGATED HAS BEEN CONVICTED OF
425-FELONY CHILD ABUSE AS SPECIFIED IN SECTION
426-18-6-401, A FELONY OFFENSE
427-INVOLVING UNLAWFUL SE XUAL BEHAVIOR AS DEFINED IN SECTION
428-16-22-102
429-(9),
430- A CRIME OF VIOLENCE AS DESCRIBED IN SECTION 18-1.3-406, A CRIME
431-LISTED IN SECTION
432- 18-1.3-406 (2)(a)(II), OR A COMPARABLE OFFENSE
433-COMMITTED IN ANY OTHER STATE
434-.
444+20
445+CRIMINAL HISTORY RECORD CHECK IN CONFORMITY WITH THE PROVISIONS21
446+OF THIS SECTION OF EACH PERSON EMPLOYED AS A COACH OF A YOUTH22
447+ATHLETIC ACTIVITY WHO HAS NOT HAD A CRIMINAL HISTORY RECORD23
448+CHECK IN THE LAST THREE YEARS.24
449+(c)
450+ THE CRIMINAL HISTORY RECORD CHECK MUST ASCERTAIN
451+25
452+WHETHER THE PERSON BEING INVESTIGATED HAS BEEN CONVICTED OF26
453+FELONY CHILD ABUSE AS SPECIFIED IN SECTION 18-6-401, A FELONY27
454+1080
455+-11- OFFENSE INVOLVING UNLAWFUL SEXUAL BEHAVIOR AS DEFINED IN1
456+SECTION 16-22-102 (9), A CRIME OF VIOLENCE AS DESCRIBED IN SECTION2
457+18-1.3-406,
458+ A CRIME LISTED IN SECTION 18-1.3-406
459+ (2)(a)(II), OR A3
460+COMPARABLE OFFENSE COMMITTED IN ANY OTHER STATE .4
435461 (2) A
436- PERSON CONVICTED OF FELONY CHILD ABUSE AS SPECIFIED IN
437-SECTION
438-18-6-401, A FELONY OFFENSE INVOLVING UNLAWFUL SEXUAL
439-BEHAVIOR AS DEFINED IN SECTION
440-16-22-102, A CRIME OF VIOLENCE AS
441-DESCRIBED IN SECTION
442-18-1.3-406, A CRIME LISTED IN SECTION 18-1.3-406
443-(2)(a)(II),
444-OR A COMPARABLE CHILD ABUSE OR UNLAWFUL SEXUAL
445-PAGE 9-HOUSE BILL 24-1080 BEHAVIOR OFFENSE COMMITTED IN ANY OTHER STATE IS DISQUALIFIED FROM
446-EMPLOYMENT AS A COACH OF A YOUTH ATHLETIC ACTIVITY
447-.
462+ PERSON CONVICTED OF FELONY CHILD ABUSE AS SPECIFIED
463+5
464+IN SECTION 18-6-401, A FELONY OFFENSE INVOLVING UNLAWFUL SEXUAL6
465+BEHAVIOR AS DEFINED IN SECTION 16-22-102, A CRIME OF VIOLENCE AS7
466+DESCRIBED IN SECTION 18-1.3-406, A CRIME LISTED IN SECTION 18-1.3-4068
467+(2)(a)(II), OR A COMPARABLE CHILD ABUSE OR UNLAWFUL SEXUAL9
468+BEHAVIOR OFFENSE COMMITTED IN ANY OTHER STATE IS DISQUALIFIED10
469+FROM EMPLOYMENT AS A COACH OF A YOUTH ATHLETIC ACTIVITY .11
448470 (3) A
449471 PERSON, INCLUDING A COACH WHO TAKES PART IN THE
450-ACTIVITIES OF A YOUTH SPORTS ACTIVITY BUT WHO IS NOT REQUIRED TO
451-OBTAIN A CRIMINAL HISTORY RECORD CHECK PURSUANT TO THIS SECTION OR
452-IS UNABLE TO OBTAIN A CRIMINAL HISTORY RECORD CHECK SHALL AT ALL
453-TIMES BE SUPERVISED BY A COACH WHO HAS BEEN HIRED OR APPROVED
454-AFTER OBTAINING A CRIMINAL HISTORY RECORD CHECK PURSUANT TO
455-SUBSECTION
456-(1) OF THIS SECTION.
472+12
473+ACTIVITIES OF A YOUTH SPORTS ACTIVITY BUT WHO IS NOT REQUIRED TO13
474+OBTAIN A CRIMINAL HISTORY RECORD CHECK PURSUANT TO THIS SECTION14
475+OR IS UNABLE TO OBTAIN A CRIMINAL HISTORY RECORD CHECK SHALL AT15
476+ALL TIMES BE SUPERVISED BY A COACH WHO HAS BEEN HIRED OR16
477+APPROVED AFTER OBTAINING A CRIMINAL HISTORY RECORD CHECK17
478+PURSUANT TO SUBSECTION (1) OF THIS SECTION.18
457479 (4) A
458480 PERSON WHO ACTS AS AN EMPLOYED COACH OF A YOUTH
459-ATHLETIC ACTIVITY SHALL POSSESS A CURRENT FIRST AID
460-, CPR, AND AED
461-CERTIFICATION AS DESCRIBED IN SECTION26.5-4-402 (2).
462-29-7.1-103. Criminal history record check for volunteer coaches
463-- CPR and first aid training. (1) (a) (I) P
464-RIOR TO THE START OF ANY
465-PERSON AS A VOLUNTEER COACH OF A YOUTH ATHLETIC ACTIVITY BY A
466-LOCAL GOVERNMENT
467-, THE LOCAL GOVERNMENT SHALL REQUIRE A
468-SEVEN
469--YEAR CRIMINAL HISTORY RECORD CHECK OF THE PERSON BY A
470-PRIVATE ENTITY REGULATED AS A CONSUMER REPORTING AGENCY
471-PURSUANT TO
472-15 U.S.C. SEC. 1681, ET SEQ., THAT DISCLOSES, AT A
473-MINIMUM
474-, SEXUAL OFFENSES AND FELONY CONVICTIONS AND INCLUDES A
475-SOCIAL SECURITY NUMBER TRACE AND A SEARCH OF THE
476-COLORADO
477-JUDICIAL PUBLIC RECORDS ACCESS SYSTEM
478-.
481+19
482+ATHLETIC ACTIVITY SHALL POSSESS A CURRENT FIRST AID, CPR, AND AED20
483+CERTIFICATION AS DESCRIBED IN SECTION 26.5-4-402 (2).21
484+29-7.1-103. Criminal history record check for volunteer22
485+coaches - CPR and first aid training. (1) (a) (I) P
486+RIOR TO THE START OF
487+23
488+ANY PERSON AS A VOLUNTEER COACH OF A YOUTH ATHLETIC ACTIVITY BY24
489+A LOCAL GOVERNMENT , THE LOCAL GOVERNMENT SHALL REQUIRE A25
490+SEVEN-YEAR CRIMINAL HISTORY RECORD CHECK OF THE PERSON BY A26
491+PRIVATE ENTITY REGULATED AS A CONSUMER REPORTING AGENCY27
492+1080
493+-12- PURSUANT TO 15 U.S.C. SEC. 1681, ET SEQ., THAT DISCLOSES, AT A1
494+MINIMUM, SEXUAL OFFENSES AND FELONY CONVICTIONS AND INCLUDES A2
495+SOCIAL SECURITY NUMBER TRACE AND A SEARCH OF THE COLORADO3
496+JUDICIAL PUBLIC RECORDS ACCESS SYSTEM .4
479497 (II)
480498 IF A VOLUNTEER COACH HAS LIVED OUTSIDE OF THE UNITED
481-STATES FOR MORE THAN ONE HUNDRED EIGHTY DAYS IN THE PAST TEN
482-YEARS OR FOR MORE THAN ONE HUNDRED EIGHTY DAYS AFTER THE
483-VOLUNTEER COACH
484-'S LAST CRIMINAL HISTORY RECORD CHECK WAS
485-CONDUCTED
486-, THE VOLUNTEER COACH SHALL ALSO OBTAIN AN
487-INTERNATIONAL CRIMINAL HISTORY RECORD CHECK
488-, INCLUDING ALIASES OF
489-THE VOLUNTEER COACH
490-, THAT, AT A MINIMUM, DISCLOSES SEXUAL OFFENSES
491-AND FELONY CONVICTIONS
492-; EXCEPT THAT, IF THE VOLUNTEER COACH IS IN
493-THE COUNTRY ON AN INTERNATIONAL WORK VISA
494-, THEN THE VOLUNTEER
495-COACH IS EXEMPT FROM THIS SUBSECTION
496- (1)(a)(II).
497-(b) T
498-HE CRIMINAL HISTORY RECORD CHECK MUST ASCERTAIN
499-WHETHER THE PERSON BEING INVESTIGATED HAS BEEN CONVICTED OF
500-FELONY CHILD ABUSE AS SPECIFIED IN SECTION
501-18-6-401, A FELONY OFFENSE
502-PAGE 10-HOUSE BILL 24-1080 INVOLVING UNLAWFUL SEXUAL BEHAVIOR AS DEFINED IN SECTION 16-22-102
503-(9),
504- A CRIME OF VIOLENCE AS DESCRIBED IN SECTION 18-1.3-406, A CRIME
505-LISTED IN SECTION
506-18-1.3-406 (2)(a)(II), OR A COMPARABLE OFFENSE
507-COMMITTED IN ANY OTHER STATE
508-.
509-(2) A
510- PERSON CONVICTED OF FELONY CHILD ABUSE AS SPECIFIED IN
511-SECTION
512-18-6-401, A FELONY OFFENSE INVOLVING UNLAWFUL SEXUAL
513-BEHAVIOR AS DEFINED IN SECTION
514-16-22-102, A CRIME OF VIOLENCE AS
515-DESCRIBED IN SECTION
516-18-1.3-406, A CRIME LISTED IN SECTION 18-1.3-406
517-(2)(a)(II),
518-OR A COMPARABLE CHILD ABUSE OR UNLAWFUL SEXUAL
519-BEHAVIOR OFFENSE COMMITTED IN ANY OTHER STATE IS DIS QUALIFIED FROM
520-ACTING AS AN UNSUPERVISED VOLUNTEER COACH OF A YOUTH ATHLETIC
521-ACTIVITY
522-.
499+5
500+S
501+TATES FOR MORE THAN ONE HUNDRED EIGHTY DAYS IN THE PAST TEN
502+6
503+YEARS OR FOR MORE THAN ONE HUNDRED EIGHTY DAYS AFTER THE7
504+VOLUNTEER COACH 'S LAST CRIMINAL HISTORY RECORD CHECK WAS8
505+CONDUCTED, THE VOLUNTEER COACH SHALL ALSO OBTAIN AN9
506+INTERNATIONAL CRIMINAL HISTORY RECORD CHECK , INCLUDING ALIASES10
507+OF THE VOLUNTEER COACH , THAT, AT A MINIMUM, DISCLOSES SEXUAL11
508+OFFENSES AND FELONY CONVICTIONS ; EXCEPT THAT, IF THE VOLUNTEER12
509+COACH IS IN THE COUNTRY ON AN INTERNATIONAL WORK VISA , THEN THE13
510+VOLUNTEER COACH IS EXEMPT FROM THIS SUBSECTION (1)(a)(II).14
511+(b)
512+ THE CRIMINAL HISTORY RECORD CHECK MUST ASCERTAIN
513+15
514+WHETHER THE PERSON BEING INVESTIGATED HAS BEEN CONVICTED OF16
515+FELONY CHILD ABUSE AS SPECIFIED IN SECTION 18-6-401, A FELONY17
516+OFFENSE INVOLVING UNLAWFUL SEXUAL BEHAVIOR AS DEFINED IN18
517+SECTION 16-22-102 (9), A CRIME OF VIOLENCE AS DESCRIBED IN SECTION19
518+18-1.3-406,
519+ A CRIME LISTED IN SECTION 18-1.3-406
520+ (2)(a)(II), OR A20
521+COMPARABLE OFFENSE COMMITTED IN ANY OTHER STATE .21
522+(2) A PERSON CONVICTED OF FELONY CHILD ABUSE AS22
523+SPECIFIED IN SECTION 18-6-401, A FELONY OFFENSE INVOLVING UNLAWFUL23
524+SEXUAL BEHAVIOR AS DEFINED IN SECTION 16-22-102, A CRIME OF24
525+VIOLENCE AS DESCRIBED IN SECTION 18-1.3-406, A CRIME LISTED IN25
526+SECTION 18-1.3-406 (2)(a)(II), OR A COMPARABLE CHILD ABUSE OR26
527+UNLAWFUL SEXUAL BEHAVIOR OFFENS E COMMITTED IN ANY OTHER STATE27
528+1080
529+-13- IS DISQUALIFIED FROM ACTING AS AN UNSUPERVISED VOLUNTEER COACH1
530+OF A YOUTH ATHLETIC ACTIVITY.2
531+ 3
523532 (3) (a) A
524533 PERSON, INCLUDING A COACH OR VOLUNTEER WHO TAKES
525-PART IN THE ACTIVITIES OF A YOUTH SPORTS ORGANIZATION BUT WHO IS NOT
526-REQUIRED TO OBTAIN A CRIMINAL HISTORY RECORD CHECK PURSUANT TO
527-THIS SECTION OR IS UNABLE TO OBTAIN A CRIMINAL HISTORY RECORD CHECK
528-MUST AT ALL TIMES BE SUPERVISED BY A COACH OR VOLUNTEER WHO HAS
529-BEEN HIRED OR APPROVED AFTER OBTAINING A CRIMINAL HISTORY RECORD
530-CHECK PURSUANT TO SUBSECTION
531-(1) OF THIS SECTION.
534+4
535+PART IN THE ACTIVITIES OF A YOUTH SPORTS ORGANIZATION BUT WHO IS5
536+NOT REQUIRED TO OBTAIN A CRIMINAL HISTORY RECORD CHECK PURSUANT6
537+TO THIS SECTION OR IS UNABLE TO OBTAIN A CRIMINAL HISTORY RECORD7
538+CHECK MUST AT ALL TIMES BE SUPERVISED BY A COACH OR VOLUNTEER8
539+WHO HAS BEEN HIRED OR APPROVED AFTER OBTAINING A CRIMINAL9
540+HISTORY RECORD CHECK PURSUANT TO SUBSECTION (1) OF THIS SECTION.10
532541 (b) N
533542 OTWITHSTANDING ANY PROVISION OF THIS SECTION , A LOCAL
534-GOVERNMENT IS NOT REQUIRED TO PERFORM A CRIMINAL HISTORY RECORD
535-CHECK ON A VOLUNTEER WHO IS NOT ACTING IN THE CAPACITY OF A COACH
536-OR MANAGER AND ONLY OCCASIONALLY ASSISTS IN A PASSING
537-, GENERAL, OR
538-NOMINAL MANNER
539-. A VOLUNTEER DESCRIBED BY THIS SUBSECTION (3)(b)
540-SHALL BE SUPERVISED AT ALL TIMES BY A VOLUNTEER COACH WHO HAS BEEN
541-HIRED OR APPROVED AFTER OBTAINING A CRIMINAL HISTORY RECORD CHECK
542-PURSUANT TO SUBSECTION
543-(1) OF THIS SECTION.
543+11
544+GOVERNMENT IS NOT REQUIRED TO PERFORM A CRIMINAL HISTORY RECORD12
545+CHECK ON A VOLUNTEER WHO IS NOT ACTING IN THE CAPACITY OF A13
546+COACH OR MANAGER AND ONLY OCCASIONALLY ASSISTS IN A PASSING ,14
547+GENERAL, OR NOMINAL MANNER . A VOLUNTEER DESCRIBED BY THIS15
548+SUBSECTION (3)(b) SHALL BE SUPERVISED AT ALL TIMES BY A VOLUNTEER16
549+COACH WHO HAS BEEN HIRED OR APPROVED AFTER OBTAINING A CRIMINAL17
550+HISTORY RECORD CHECK PURSUANT TO SUBSECTION (1) OF THIS SECTION.18
544551 (4) A
545552 PERSON WHO ACTS AS A VOLUNTEER COACH OF A YOUTH
546-ATHLETIC ACTIVITY SHALL POSSESS A CURRENT FIRST AID
547-, CPR, AND AED
548-CERTIFICATION AS DESCRIBED IN SECTION 26.5-4-402 (2).
549-29-7.1-104. Criminal history record checks - fees - reliance - not
550-an open record. (1) A
551- LOCAL GOVERNMENT MAY CHARGE A PERSON ANY
552-FEES FOR THE CRIMINAL HISTORY RECORD CHECK REQUIRED BY THIS ARTICLE
553-7.1.
554-PAGE 11-HOUSE BILL 24-1080 (2) THIS ARTICLE 7.1 DOES NOT REQUIRE A SECOND OR SUBSEQUENT
555-CRIMINAL HISTORY RECORD CHECK FOR A COACH OR VOLUNTEER COACH
556-PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE
557-7.1.
553+19
554+ATHLETIC ACTIVITY SHALL POSSESS A CURRENT FIRST AID, CPR, AND AED20
555+CERTIFICATION AS DESCRIBED IN SECTION 26.5-4-402 (2).21
556+29-7.1-104. Criminal history record checks - fees - reliance -22
557+not an open record. (1) A
558+ LOCAL GOVERNMENT MAY CHARGE A PERSON
559+23
560+ANY FEES FOR THE CRIMINAL HISTORY RECORD CHECK REQUIRED BY THIS24
561+ARTICLE 7.1.25
562+(2) T
563+HIS ARTICLE 7.1 DOES NOT REQUIRE A SECOND OR
564+26
565+SUBSEQUENT CRIMINAL HISTORY RECORD CHECK FOR A COACH OR27
566+1080
567+-14- VOLUNTEER COACH PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE 7.1.1
558568 (3) A
559569 LOCAL GOVERNMENT MAY RELY ON THE RESULTS OF THE
560-CRIMINAL HISTORY RECORD CHECK WHEN MAKING HIRING AND EMPLOYMENT
561-DECISIONS AND WHEN MAKING THE DECISION TO ALLOW A PERSON TO ACT AS
562-A VOLUNTEER COACH
563-.
570+2
571+CRIMINAL HISTORY RECORD CHECK WHEN MAKING HIRING AND3
572+EMPLOYMENT DECISIONS AND WHEN MAKING THE DECISION TO ALLOW A4
573+PERSON TO ACT AS A VOLUNTEER COACH .5
564574 (4) A
565-NY INFORMATION RECEIVED BY A LOCAL GOVERNMENT ON THE
566-CRIMINAL HISTORY RECORD CHECK FOR A COACH OR VOLUNTEER COACH AS
567-REQUIRED BY THIS ARTICLE
568-7.1 IS NOT SUBJECT TO THE PROVISIONS OF PART
569-2 OF ARTICLE 72 OF TITLE 24.
570-SECTION 5. Act subject to petition - effective date. This act
571-takes effect at 12:01 a.m. on the day following the expiration of the
572-ninety-day period after final adjournment of the general assembly; except
573-that, if a referendum petition is filed pursuant to section 1 (3) of article V
574-of the state constitution against this act or an item, section, or part of this act
575-within such period, then the act, item, section, or part will not take effect
576-unless approved by the people at the general election to be held in
577-PAGE 12-HOUSE BILL 24-1080 November 2024 and, in such case, will take effect on the date of the official
578-declaration of the vote thereon by the governor.
579-____________________________ ____________________________
580-Julie McCluskie Steve Fenberg
581-SPEAKER OF THE HOUSE PRESIDENT OF
582-OF REPRESENTATIVES THE SENATE
583-____________________________ ____________________________
584-Robin Jones Cindi L. Markwell
585-CHIEF CLERK OF THE HOUSE SECRETARY OF
586-OF REPRESENTATIVES THE SENATE
587- APPROVED________________________________________
588- (Date and Time)
589- _________________________________________
590- Jared S. Polis
591- GOVERNOR OF THE STATE OF COLORADO
592-PAGE 13-HOUSE BILL 24-1080
575+NY INFORMATION RECEIVED BY A LOCAL GOVERNMENT ON
576+6
577+THE CRIMINAL HISTORY RECORD CHECK FOR A COACH OR VOLUNTEER7
578+COACH AS REQUIRED BY THIS ARTICLE 7.1 IS NOT SUBJECT TO THE8
579+PROVISIONS OF PART 2 OF ARTICLE 72 OF TITLE 24.9
580+SECTION 5. Act subject to petition - effective date. This act10
581+takes effect at 12:01 a.m. on the day following the expiration of the11
582+ninety-day period after final adjournment of the general assembly; except12
583+that, if a referendum petition is filed pursuant to section 1 (3) of article V13
584+of the state constitution against this act or an item, section, or part of this14
585+act within such period, then the act, item, section, or part will not take15
586+effect unless approved by the people at the general election to be held in16
587+November 2024 and, in such case, will take effect on the date of the17
588+official declaration of the vote thereon by the governor.18
589+1080
590+-15-