HOUSE BILL 24-1080
BY REPRESENTATIVE(S) 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, Mabrey, Young;
also SENATOR(S) Danielson and Marchman, Buckner, Cutter, Fields,
Ginal, Hansen, Kolker, Michaelson Jenet, Priola, Sullivan, Winter F.
C
ONCERNING REQUIREMENTS FOR YOUTH SPORTS PERSONNEL THAT IMPROVE
THE SAFETY OF THE PARTICIPANTS
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that:
(a) Local governments and youth sports organizations provide
opportunities to children to participate in organized sports;
(b) Those children are often coached by adults they and their parents
or legal guardians do not have a relationship with prior to organized sports;
(c) Parents and legal guardians expect that their children will be safe
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
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. from adult harm when they are competing in organized sports;
(d) Ensuring that adults who coach youth sports have been vetted to
gauge whether they would potentially harm a child is an important step in
keeping kids safe while engaged in youth sports; and
(e) Therefore, it is a good business practice to require background
checks for employees and volunteers who are youth sports coaches.
SECTION 2. In Colorado Revised Statutes, add part 4 to article 4
of title 26.5 as follows:
PART 4
YOUTH SPORTS ORGANIZATIONS
26.5-4-401. Definitions. A
S USED IN THIS ARTICLE 8, UNLESS THE
CONTEXT OTHERWISE REQUIRES
:
(1) "C
HAPERONE" MEANS A PERSON WHO ACCOMPANIES A YOUTH
SPORTS ORGANIZATION IN AN OFFICIAL CAPACITY ON ANY TRIP THAT
INCLUDES ONE OR MORE OVERNIGHT STAYS
.
(2) "C
OACH" MEANS A PERSON EMPLOYED AS OR VOLUNTEERING AS
A COACH
, MANAGER, OR SUPERVISOR OF A YOUTH ATHLETIC ACTIVITY BUT
DOES NOT INCLUDE OCCASIONAL ASSISTANCE WITH OR SUPPORT OF THE
YOUTH ATHLETIC ACTIVITY BY A PERSON
, INCLUDING THE ACTION OF OTHER
VOLUNTEERS OR EMPLOYEES OF THE YOUTH SPORTS ORGANIZATION IN A
PASSING
, GENERAL, OR NOMINAL MANNER.
(3) "E
MPLOYMENT" MEANS ANY JOB OR POSITION IN WHICH ANY
PERSON MAY BE ENGAGED IN THE SERVICE OF A COACH OF A YOUTH
ATHLETIC ACTIVITY BY A YOUTH SPORTS ORGANIZATION FOR A SALARY OR
HOURLY WAGES
, WHETHER FULL-TIME OR PART-TIME, AND WHETHER
TEMPORARY OR PERMANENT
.
(4) "Y
OUTH ATHLETIC ACTIVITY" MEANS AN ORGANIZED ATHLETIC
ACTIVITY IN WHICH THE MAJORITY OF THE PARTICIPANTS ARE LESS THAN
EIGHTEEN YEARS OF AGE AND ARE ENGAGING IN AN ORGANIZED ATHLETIC
GAME
, COMPETITION, OR TRAINING PROGRAM. "YOUTH ATHLETIC ACTIVITY"
DOES NOT INCLUDE AN ATHLETIC ACTIVITY THAT IS INCIDENTAL TO A
PAGE 2-HOUSE BILL 24-1080 NONATHLETIC PROGRAM OR A LESSON .
(5) (a) "Y
OUTH SPORTS ORGANIZATION " MEANS A PRIVATE
FOR
-PROFIT OR NOT-FOR-PROFIT ORGANIZATION THAT, AS PART OF ITS CORE
FUNCTION
, PROVIDES PERSONS WHO ARE LESS THAN EIGHTEEN YEARS OF AGE
THE OPPORTUNITY TO PARTICIPATE IN SCHEDULED COMPETITIVE OR
RECREATIONAL SPORTING ACTIVITIES
, WHETHER INDIVIDUALLY OR AS A
TEAM
, BUT DOES NOT INCLUDE A SPORTING ACTIVITY THAT IS INCIDENTAL TO
A NONATHLETIC PROGRAM OR LESSON
.
(b) "Y
OUTH SPORTS ORGANIZATION " DOES NOT INCLUDE:
(I) A
NEIGHBORHOOD YOUTH ORGANIZATION AS DEFINED IN SECTION
26.5-5-303;
(II) A
PUBLIC OR PRIVATE SCHOOL SERVING ANY OF GRADES
KINDERGARTEN THROUGH TWELVE
;
(III) A
LICENSED CHILD-CARE FACILITY;
(IV) A
PUBLIC OR PRIVATE INSTITUTION OF HIGHER EDUCATION ; OR
(V) AN ORGANIZATION THAT MERELY PROVIDES THE OPPORTUNITY
TO PARTICIPATE IN AN UNSUPERVISED
, UNSCHEDULED COMPETITIVE OR
RECREATIONAL SPORTING EVENT ON A WALK
-IN BASIS.
26.5-4-402. Organized youth athletic activities - CPR and first
aid requirements. (1) (a) E
ACH YOUTH SPORTS ORGANIZATION SHALL
ENSURE THAT AT LEAST ONE ADULT WHO POSSESSES A CURRENT FIRST AID
,
CPR,
AND AED CERTIFICATION IS PRESENT AT EACH YOUTH ATHLETIC
ACTIVITY
.
(b) A
YOUTH ATHLETIC ACTIVITY THAT IS CONDUCTED ENTIRELY BY
VOLUNTEERS FOR TRAINING PURPOSES ONLY IS EXEMPT FROM THIS SECTION
,
BUT THE VOLUNTEERS ARE STRONGLY ENCOURAGED TO POSSESS A CURRENT
FIRST AID
, CPR, AND AED CERTIFICATION.
(2) (a) T
HE FIRST AID, CPR, AND AED EDUCATION COURSES
REQUIRED BY SUBSECTION
(1) OF THIS SECTION MUST INCLUDE:
PAGE 3-HOUSE BILL 24-1080 (I) IDENTIFYING SIGNS OF AND TREATING:
(A) H
EAT- AND COLD-RELATED CONDITIONS;
(B) E
XTERNAL BLEEDING;
(C) M
USCULAR AND SKELETAL INJURIES; AND
(D) HEAD, NECK, AND SPINAL INJURIES; AND
(II) CARDIOPULMONARY RESUSCITATION AND AUTOMATIC EXTERNAL
DEFIBRILLATOR TRAINING
.
(b) E
ACH YOUTH SPORTS ORGANIZATION MAY DESIGNATE SPECIFIC
EDUCATION COURSES AS SUFFICIENT TO MEET THE REQUIREMENTS OF
SUBSECTION
(1) OF THIS SECTION.
(3) N
OTHING IN THIS ARTICLE 8 ABROGATES OR LIMITS THE
PROTECTIONS APPLICABLE TO PUBLIC ENTITIES AND PUBLIC EMPLOYEES
PURSUANT TO THE
"COLORADO GOVERNMENTAL IMMUNITY ACT", ARTICLE
10 OF TITLE 24; VOLUNTEERS AND BOARD MEMBERS PURSUANT TO SECTIONS
13-21-115.7 AND 13-21-116; OR SKI AREA OPERATORS PURSUANT TO
SECTIONS
33-44-112 AND 33-44-113.
26.5-4-403. Background checks required. (1) (a) (I) A
YOUTH
SPORTS ORGANIZATION OPERATING IN THE STATE OF
COLORADO SHALL
REQUIRE ALL COACHES AND CHAPERONES WHO WORK DIRECTLY
, OR WILL
WORK DIRECTLY
, WITH YOUTH, TO OBTAIN, PRIOR TO STARTING THE WORK
OR TAKING THE TRIP
, AND EVERY THREE YEARS THEREAFTER , A SEVEN-YEAR
CRIMINAL HISTORY RECORD CHECK THAT INCLUDES ALIASES OF THE COACH
OR CHAPERONE
, BY A PRIVATE ENTITY REGULATED AS A CONSUMER
REPORTING AGENCY PURSUANT TO
15 U.S.C. SEC. 1681, ET SEQ., AND THAT
DISCLOSES
, AT A MINIMUM, SEXUAL OFFENSES AND FELONY CONVICTIONS
AND INCLUDES A SOCIAL SECURITY NUMBER TRACE AND A SEARCH OF THE
COLORADO JUDICIAL PUBLIC RECORDS ACCESS SYSTEM . FOR A COACH OR
CHAPERONE WHO WAS HIRED OR A PPROVED AS A COACH OR CHAPERONE
PRIOR TO THE EFFECTIVE DATE OF THIS SECTION
, THE YOUTH SPORTS
ORGANIZATION SHALL REQUIRE THE COACH OR CHAPERONE TO OBTAIN A
CRIMINAL HISTORY RECORD CHECK THAT CONFORMS TO THIS SECTION
WITHIN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION
.
PAGE 4-HOUSE BILL 24-1080 (II) IF A COACH OR CHAPERONE HAS LIVED OUTSIDE OF THE UNITED
STATES FOR MORE THAN ONE HUNDRED EIGHTY DAYS IN THE PAST TEN
YEARS OR FOR MORE THAN ONE HUNDRED EIGHTY DAYS AFTER THE COACH
'S
OR CHAPERONE
'S LAST CRIMINAL HISTORY RECORD CHECK , THE COACH OR
CHAPERONE SHALL ALSO OBTAIN AN INTERNATIONAL CRIMINAL HISTORY
RECORD CHECK THAT INCLUDES ALIASES OF THE COACH OR CHAPERONE
, AND
THAT
, AT A MINIMUM , DISCLOSES SEXUAL OFFENSES AND FELONY
CONVICTIONS
; EXCEPT THAT, IF THE COACH OR CHAPERONE IS IN THE
COUNTRY ON AN INTERNATIONAL WORK VISA
, THEN THE COACH OR
CHAPERONE IS EXEMPT FROM THIS SUBSECTION
(1)(a)(II).
(III) T
HE CRIMINAL HISTORY RECORD CHECK MUST ASCERTAIN
WHETHER THE PERSON BEING INVESTIGATED HAS BEEN CONVICTED OF
FELONY CHILD ABUSE AS SPECIFIED IN SECTION
18-6-401, A FELONY OFFENSE
INVOLVING UNLAWFUL SEXUAL BEHAVIOR AS DEFINED IN SECTION
16-22-102
(9),
A CRIME OF VIOLENCE AS DESCRIBED IN SECTION 18-1.3-406, A CRIME
LISTED IN SECTION
18-1.3-406 (2)(a)(II), OR A COMPARABLE OFFENSE
COMMITTED IN ANY OTHER STATE
.
(b) A
YOUTH SPORTS ORGANIZATION SHALL NOT HIRE A PERSON AS
A COACH OR APPROVE A PERSON AS A CHAPERONE AND SHALL TERMINATE A
COACH OR REVOKE THE APPROVAL FOR A CHAPERONE IF A CRIMINAL HISTORY
RECORD CHECK OF THE PERSON PERFORMED PURSUANT TO SUBSECTION
(1)(A) OF THIS SECTION SHOWS THAT THE PERSON HAS BEEN CONVICTED OF
FELONY CHILD ABUSE AS SPECIFIED IN SECTION
18-6-401, A FELONY OFFENSE
INVOLVING UNLAWFUL SEXUAL BE HAVIOR AS DEFINED IN SECTION
16-22-102
(9),
A CRIME OF VIOLENCE AS DESCRIBED IN SECTION 18-1.3-406, A CRIME
LISTED IN SECTION
18-1.3-406 (2)(a)(II), OR ANY COMPARABLE OFFENSE
COMMITTED IN ANOTHER STATE
.
(2) (a) A
PERSON, INCLUDING AN EMPLOYEE OR VOLUNTEER WHO
TAKES PART IN THE ACTIVITIES OF A YOUTH SPORTS ORGANIZATION BUT WHO
IS NOT REQUIRED TO OBTAIN A CRIMINAL HISTORY RECORD CHECK PURSUANT
TO THIS SECTION OR IS UNABLE TO OBTAIN A CRIMINAL HISTORY RECORD
CHECK MUST AT ALL TIMES BE SUPERVISED BY A PERSON WHO HAS BEEN
HIRED OR APPROVED AFTER OBTAINING A CRIMINAL HISTORY RECORD CHECK
PURSUANT TO SUBSECTION
(1) OF THIS SECTION.
(b) N
OTWITHSTANDING ANY PROVISION OF THIS SECTION , A YOUTH
SPORTS ORGANIZATION IS NOT REQUIRED TO PERFORM A CRIMINAL HISTORY
PAGE 5-HOUSE BILL 24-1080 RECORD CHECK ON A VOLUNTEER WHO IS NOT ACTING IN THE CAPACITY OF
A COACH OR MANAGER AND ONLY OCCASIONALLY ASSISTS IN A PASSING
,
GENERAL, OR NOMINAL MANNER . A VOLUNTEER DESCRIBED BY THIS
SUBSECTION
(2)(b) MUST BE SUPERVISED AT ALL TIMES BY A PERSON WHO
HAS BEEN HIRED OR APPROVED AFTER OBTAINING A CRIMINAL HISTORY
RECORD CHECK PURSUANT TO SUBSECTION
(1) OF THIS SECTION.
(3) A
YOUTH SPORTS ORGANIZATION MAY RELY ON THE RESULTS OF
A CRIMINAL HISTORY RECORD CHECK WHEN MAKING HIRING AND
EMPLOYMENT DECISIONS AND WHEN MAKING THE DECISION TO ALLOW A
PERSON TO ACT AS A CHAPERONE
.
SECTION 3. In Colorado Revised Statutes, add 13-80-103.4 as
follows:
13-80-103.4. Limitation of actions - failure to perform a
background check by a youth sports organization - injury to a child -
definitions. (1) A
S USED IN THIS SECTION, UNLESS THE CONTEXT
OTHERWISE REQUIRES
:
(a) "C
HILD" MEANS A PERSON WHO IS LESS THAN EIGHTEEN YEARS OF
AGE
.
(b) "L
OCAL GOVERNMENT" HAS THE SAME MEANING AS SET FORTH
IN SECTION
29-7.1-101.
(c) "S
EXUAL OFFENSE AGAINST A CHILD " INCLUDES ALL OFFENSES
LISTED IN SECTION
18-3-411 (1).
(d) "Y
OUTH SPORTS ORGANIZATION" HAS THE SAME MEANING AS SET
FORTH IN SECTION
26.5-4-401.
(e) "Y
OUTH SPORTS REQUIRED BACKGROUND CHECK " MEANS A
BACKGROUND CHECK THAT COMPLIES WITH SECTION
26.5-4-403 OR
29-7.1-102 OR 29-7.1-103.
(2) I
N BRINGING A CIVIL ACTION FOR FAILURE TO PERFORM A YOUTH
SPORTS REQUIRED BACKGROUND CHECK PURSUANT TO THIS SECTION
, A
PLAINTIFF SHALL MAKE A PRIMA FACIE SHOWING OF THE FOLLOWING FACTS
AND CIRCUMSTANCES
:
PAGE 6-HOUSE BILL 24-1080 (a) THE YOUTH SPORTS ORGANIZATION OR LOCAL GOVERNMENT , IN
HIRING AN INDIVIDUAL TO WORK WITH CHILDREN OR IN A SETTING WITH
CHILDREN
, DID NOT PERFORM A YOUTH SPORTS REQUIRED BACKGROUND
CHECK ON THE INDIVIDUAL
, AND THE FAILURE TO CONDUCT THE REQUIRED
BACKGROUND CHECK WAS THE RESULT OF THE YOUTH SPORTS
ORGANIZATION
'S OR LOCAL GOVERNMENT'S DELIBERATE INDIFFERENCE OR
RECKLESS DISREGARD OF ITS OBLIGATION TO CONDUCT THE BACKGROUND
CHECK AS PROVIDED BY LAW
. ORDINARY NEGLIGENCE OR UNINTENTIONAL
OVERSIGHT IS NOT SUFFICIENT
.
(b) T
HE YOUTH SPORTS ORGANIZATION OR LOCAL GOVERNMENT , IN
HIRING AN INDIVIDUAL TO WORK WITH CHILDREN OR IN A SETTING WITH
CHILDREN
, PERFORMED A YOUTH SPORTS REQUIRED BACKGR OUND CHECK OF
THE INDIVIDUAL
, AND THE REQUIRED BACKGROUND CHECK SHOWED THAT
THE INDIVIDUAL WAS INELIGIBLE TO BE HIRED OR APPROVED PURSUANT TO
SECTION
26.5-4-403 (1)(b), 29-7.1-102, OR 29-7.1-103;
(c) T
HE INDIVIDUAL WAS NOT REQUIRED TO OBTAIN A CRIMINAL
HISTORY RECORD CHECK OR WAS UNABLE TO OBTAIN A CRIMINAL HISTORY
RECORD CHECK AND THE YOUTH SPORTS ORGANIZATION OR LOCAL
GOVERNMENT FAILED TO HAVE THE INDIVIDUAL SUPERVISED BY AN
EMPLOYEE OR VOLUNTEER WHO WAS HIRED OR APPROVED AFTER OBTAINING
A CRIMINAL HISTORY RECORD CHECK
;
(d) T
HE INDIVIDUAL, AT THE TIME OF HIRING, WAS NOT ELIGIBLE TO
BE HIRED PURSUANT TO SECTION
26.5-4-403 (1)(b), 29-7.1-102, OR
29-7.1-103; AND
(e) THE INDIVIDUAL COMMITTED ONE OF THE FOLLOWING OFFENSES
AGAINST A CHILD WITH WHOM THE INDIVIDUAL CAME IN CONTACT IN THE
COURSE OF THE INDIVIDUAL
'S EMPLOYMENT WITH THE YOUTH SPORTS
ORGANIZATION OR LOCAL GOVERNMENT
:
(I) S
EXUAL ASSAULT AS DESCRIBED IN SECTION 18-3-402;
(II) S
EXUAL OFFENSE AGAINST A CHILD;
(III) C
HILD ABUSE AS DESCRIBED IN SECTION 18-6-401;
(IV)
A CRIME OF VIOLENCE AS DESCRIBED IN SECTION 18-1.3-406; OR
PAGE 7-HOUSE BILL 24-1080 (V) A CRIME LISTED IN SECTION 18-1.3-406 (2)(a)(II).
SECTION 4. In Colorado Revised Statutes, add article 7.1 to title
29 as follows:
ARTICLE 7.1
Local Government-sponsored Youth Athletic
Activity Requirements
29-7.1-101. Definitions. A
S USED IN THIS ARTICLE 7.1, UNLESS THE
CONTEXT OTHERWISE REQUIRES
:
(1) "C
HAPERONE" MEANS A PERSON WHO ACCOMPANIES A YOUTH
ATHLETIC ACTIVITY IN AN OFFICIAL CAPACITY ON ANY TRIP THAT INCLUDES
ONE OR MORE OVERNIGHT STAYS
.
(2) "C
OACH" MEANS A PERSON EMPLOYED AS OR VOLUNTEERING AS
A COACH
, MANAGER, OR SUPERVISOR OF A YOUTH ATHLETIC ACTIVITY BUT
DOES NOT INCLUDE OCCASIONAL ASSISTANCE WITH OR SUPPORT OF THE
YOUTH ATHLETIC ACTIVITY BY A PERSON
, INCLUDING THE ACTION OF OTHER
VOLUNTEERS OR EMPLOYEES OF THE LOCAL GOVERNMENT IN A PASSING
,
GENERAL, OR NOMINAL MANNER.
(3) "E
MPLOYMENT" MEANS ANY JOB OR POSITION IN WHICH ANY
PERSON MAY BE ENGAGED IN THE SERVICE OF A COACH OF A YOUTH
ATHLETIC ACTIVITY BY A LOCAL GOVERNMENT FOR SALARY OR HOURLY
WAGES
, WHETHER FULL TIME OR PART TIME, AND WHETHER TEMPORARY OR
PERMANENT
.
(4) "L
OCAL GOVERNMENT" HAS THE SAME MEANING AS SET FORTH
IN SECTION
29-1-102.
(5) "Y
OUTH ATHLETIC ACTIVITY" MEANS AN ORGANIZED ATHLETIC
ACTIVITY IN WHICH THE MAJORITY OF THE PARTICIPANTS ARE LESS THAN
EIGHTEEN YEARS OF AGE AND ARE ENGAGING IN AN ORGANIZED ATHLETIC
GAME
, COMPETITION, OR TRAINING PROGRAM. "YOUTH ATHLETIC ACTIVITY"
DOES NOT INCLUDE AN ATHLETIC ACTIVITY THAT IS INCIDENTAL TO A
NONATHLETIC PROGRAM OR A LESSON
.
29-7.1-102. Criminal history record check for paid coaches -
PAGE 8-HOUSE BILL 24-1080 CPR and first aid training. (1) (a) (I) P RIOR TO THE EMPLOYMENT OF ANY
PERSON AS A COACH OF OR APPROVAL AS A CHAPERONE FOR A YOUTH
ATHLETIC ACTIVITY BY A LOCAL GOVERNMENT
, THE LOCAL GOVERNMENT
SHALL REQUIRE A SEVEN
-YEAR CRIMINAL HISTORY RECORD CHECK OF THE
PERSON BY A PRIVATE ENTITY REGULATED AS A CONSUMER REPORTING
AGENCY PURSUANT TO
15 U.S.C. SEC. 1681, ET SEQ., THAT DISCLOSES, AT A
MINIMUM
, SEXUAL OFFENSES AND FELONY CONVICTIONS AND INCLUDES A
SOCIAL SECURITY NUMBER TRACE AND A SEARCH OF THE
COLORADO
JUDICIAL PUBLIC RECORDS ACCESS SYSTEM
.
(II)
IF A COACH OR CHAPERONE HAS LIVED OUTSIDE OF THE UNITED
STATES FOR MORE THAN ONE HUNDRED EIGHTY DAYS IN THE PAST TEN
YEARS OR FOR MORE THAN ONE HUNDRED EIGHTY DAYS AFTER THE COACH
'S
OR CHAPERONE
'S LAST CRIMINAL HISTORY RECORD CHECK WAS CONDUCTED ,
THE COACH OR CHAPERONE SHALL ALSO OBTAIN AN INTERNATIONAL
CRIMINAL HISTORY RECORD CHECK
, INCLUDING ALIASES OF THE COACH OR
CHAPERONE
, THAT, AT A MINIMUM, DISCLOSES SEXUAL OFFENSES AND
FELONY CONVICTIONS
; EXCEPT THAT, IF THE COACH OR CHAPERONE IS IN THE
COUNTRY ON AN INTERNATIONAL WORK VISA
, THEN THE COACH OR
CHAPERONE IS EXEMPT FROM THIS SUBSECTION
(1)(a)(II).
(b) E
ACH JULY 1, THE LOCAL GOVERNMENT SHALL REQUIRE A
CRIMINAL HISTORY RECORD CHECK IN CONFORMITY WITH THE PROVISIONS
OF THIS SECTION OF EACH PERSON EMPLOYED AS A COACH OF A YOUTH
ATHLETIC ACTIVITY WHO HAS NOT HAD A CRIMINAL HISTORY RECORD CHECK
IN THE LAST THREE YEARS
.
(c) T
HE CRIMINAL HISTORY RECORD CHECK MUST ASCERTAIN
WHETHER THE PERSON BEING INVESTIGATED HAS BEEN CONVICTED OF
FELONY CHILD ABUSE AS SPECIFIED IN SECTION
18-6-401, A FELONY OFFENSE
INVOLVING UNLAWFUL SE XUAL BEHAVIOR AS DEFINED IN SECTION
16-22-102
(9),
A CRIME OF VIOLENCE AS DESCRIBED IN SECTION 18-1.3-406, A CRIME
LISTED IN SECTION
18-1.3-406 (2)(a)(II), OR A COMPARABLE OFFENSE
COMMITTED IN ANY OTHER STATE
.
(2) A
PERSON CONVICTED OF FELONY CHILD ABUSE AS SPECIFIED IN
SECTION
18-6-401, A FELONY OFFENSE INVOLVING UNLAWFUL SEXUAL
BEHAVIOR AS DEFINED IN SECTION
16-22-102, A CRIME OF VIOLENCE AS
DESCRIBED IN SECTION
18-1.3-406, A CRIME LISTED IN SECTION 18-1.3-406
(2)(a)(II),
OR A COMPARABLE CHILD ABUSE OR UNLAWFUL SEXUAL
PAGE 9-HOUSE BILL 24-1080 BEHAVIOR OFFENSE COMMITTED IN ANY OTHER STATE IS DISQUALIFIED FROM
EMPLOYMENT AS A COACH OF A YOUTH ATHLETIC ACTIVITY
.
(3) A
PERSON, INCLUDING A COACH WHO TAKES PART IN THE
ACTIVITIES OF A YOUTH SPORTS ACTIVITY BUT WHO IS NOT REQUIRED TO
OBTAIN A CRIMINAL HISTORY RECORD CHECK PURSUANT TO THIS SECTION OR
IS UNABLE TO OBTAIN A CRIMINAL HISTORY RECORD CHECK SHALL AT ALL
TIMES BE SUPERVISED BY A COACH WHO HAS BEEN HIRED OR APPROVED
AFTER OBTAINING A CRIMINAL HISTORY RECORD CHECK PURSUANT TO
SUBSECTION
(1) OF THIS SECTION.
(4) A
PERSON WHO ACTS AS AN EMPLOYED COACH OF A YOUTH
ATHLETIC ACTIVITY SHALL POSSESS A CURRENT FIRST AID
, CPR, AND AED
CERTIFICATION AS DESCRIBED IN SECTION26.5-4-402 (2).
29-7.1-103. Criminal history record check for volunteer coaches
- CPR and first aid training. (1) (a) (I) P
RIOR TO THE START OF ANY
PERSON AS A VOLUNTEER COACH OF A YOUTH ATHLETIC ACTIVITY BY A
LOCAL GOVERNMENT
, THE LOCAL GOVERNMENT SHALL REQUIRE A
SEVEN
-YEAR CRIMINAL HISTORY RECORD CHECK OF THE PERSON BY A
PRIVATE ENTITY REGULATED AS A CONSUMER REPORTING AGENCY
PURSUANT TO
15 U.S.C. SEC. 1681, ET SEQ., THAT DISCLOSES, AT A
MINIMUM
, SEXUAL OFFENSES AND FELONY CONVICTIONS AND INCLUDES A
SOCIAL SECURITY NUMBER TRACE AND A SEARCH OF THE
COLORADO
JUDICIAL PUBLIC RECORDS ACCESS SYSTEM
.
(II)
IF A VOLUNTEER COACH HAS LIVED OUTSIDE OF THE UNITED
STATES FOR MORE THAN ONE HUNDRED EIGHTY DAYS IN THE PAST TEN
YEARS OR FOR MORE THAN ONE HUNDRED EIGHTY DAYS AFTER THE
VOLUNTEER COACH
'S LAST CRIMINAL HISTORY RECORD CHECK WAS
CONDUCTED
, THE VOLUNTEER COACH SHALL ALSO OBTAIN AN
INTERNATIONAL CRIMINAL HISTORY RECORD CHECK
, INCLUDING ALIASES OF
THE VOLUNTEER COACH
, THAT, AT A MINIMUM, DISCLOSES SEXUAL OFFENSES
AND FELONY CONVICTIONS
; EXCEPT THAT, IF THE VOLUNTEER COACH IS IN
THE COUNTRY ON AN INTERNATIONAL WORK VISA
, THEN THE VOLUNTEER
COACH IS EXEMPT FROM THIS SUBSECTION
(1)(a)(II).
(b) T
HE CRIMINAL HISTORY RECORD CHECK MUST ASCERTAIN
WHETHER THE PERSON BEING INVESTIGATED HAS BEEN CONVICTED OF
FELONY CHILD ABUSE AS SPECIFIED IN SECTION
18-6-401, A FELONY OFFENSE
PAGE 10-HOUSE BILL 24-1080 INVOLVING UNLAWFUL SEXUAL BEHAVIOR AS DEFINED IN SECTION 16-22-102
(9),
A CRIME OF VIOLENCE AS DESCRIBED IN SECTION 18-1.3-406, A CRIME
LISTED IN SECTION
18-1.3-406 (2)(a)(II), OR A COMPARABLE OFFENSE
COMMITTED IN ANY OTHER STATE
.
(2) A
PERSON CONVICTED OF FELONY CHILD ABUSE AS SPECIFIED IN
SECTION
18-6-401, A FELONY OFFENSE INVOLVING UNLAWFUL SEXUAL
BEHAVIOR AS DEFINED IN SECTION
16-22-102, A CRIME OF VIOLENCE AS
DESCRIBED IN SECTION
18-1.3-406, A CRIME LISTED IN SECTION 18-1.3-406
(2)(a)(II),
OR A COMPARABLE CHILD ABUSE OR UNLAWFUL SEXUAL
BEHAVIOR OFFENSE COMMITTED IN ANY OTHER STATE IS DIS QUALIFIED FROM
ACTING AS AN UNSUPERVISED VOLUNTEER COACH OF A YOUTH ATHLETIC
ACTIVITY
.
(3) (a) A
PERSON, INCLUDING A COACH OR VOLUNTEER WHO TAKES
PART IN THE ACTIVITIES OF A YOUTH SPORTS ORGANIZATION BUT WHO IS NOT
REQUIRED TO OBTAIN A CRIMINAL HISTORY RECORD CHECK PURSUANT TO
THIS SECTION OR IS UNABLE TO OBTAIN A CRIMINAL HISTORY RECORD CHECK
MUST AT ALL TIMES BE SUPERVISED BY A COACH OR VOLUNTEER WHO HAS
BEEN HIRED OR APPROVED AFTER OBTAINING A CRIMINAL HISTORY RECORD
CHECK PURSUANT TO SUBSECTION
(1) OF THIS SECTION.
(b) N
OTWITHSTANDING ANY PROVISION OF THIS SECTION , A LOCAL
GOVERNMENT IS NOT REQUIRED TO PERFORM A CRIMINAL HISTORY RECORD
CHECK ON A VOLUNTEER WHO IS NOT ACTING IN THE CAPACITY OF A COACH
OR MANAGER AND ONLY OCCASIONALLY ASSISTS IN A PASSING
, GENERAL, OR
NOMINAL MANNER
. A VOLUNTEER DESCRIBED BY THIS SUBSECTION (3)(b)
SHALL BE SUPERVISED AT ALL TIMES BY A VOLUNTEER COACH WHO HAS BEEN
HIRED OR APPROVED AFTER OBTAINING A CRIMINAL HISTORY RECORD CHECK
PURSUANT TO SUBSECTION
(1) OF THIS SECTION.
(4) A
PERSON WHO ACTS AS A VOLUNTEER COAC H OF A YOUTH
ATHLETIC ACTIVITY SHALL POSSESS A CURRENT FIRST AID
, CPR, AND AED
CERTIFICATION AS DESCRIBED IN SECTION 26.5-4-402 (2).
29-7.1-104. Criminal history record checks - fees - reliance - not
an open record. (1) A
LOCAL GOVERNMENT MAY CHARGE A PERSON ANY
FEES FOR THE CRIMINAL HISTORY RECORD CHECK REQUIRED BY THIS ARTICLE
7.1.
PAGE 11-HOUSE BILL 24-1080 (2) THIS ARTICLE 7.1 DOES NOT REQUIRE A SECOND OR SUBSEQUENT
CRIMINAL HISTORY RECORD CHECK FOR A COACH OR VOLUNTEER COACH
PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE
7.1.
(3) A
LOCAL GOVERNMENT MAY RELY ON THE RESULTS OF THE
CRIMINAL HISTORY RECORD CHECK WHEN MAKING HIRING AND EMPLOYMENT
DECISIONS AND WHEN MAKING THE DECISION TO ALLOW A PERSON TO ACT AS
A VOLUNTEER COACH
.
(4) A
NY INFORMATION RECEIVED BY A LOCAL GOVERNMENT ON THE
CRIMINAL HISTORY RECORD CHECK FOR A COACH OR VOLUNTEER COACH AS
REQUIRED BY THIS ARTICLE
7.1 IS NOT SUBJECT TO THE PROVISIONS OF PART
2 OF ARTICLE 72 OF TITLE 24.
SECTION 5. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 12-HOUSE BILL 24-1080 November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
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 13-HOUSE BILL 24-1080